STATUTORY RULES.
1925. No. 141.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1918, to come into operation forthwith.
Dated this twentieth day of August, 1925.
FORSTER,
Governor-General.
By His Excellency’s Command,
NEVILLE HOWSE,
Minister of State for Defence.
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Council of Defence Regulations.
(Statutory Rules 1923, No. 159, as amended to this date.)
Amendment.
Regulation 3 is cancelled and the fallowing substituted therefor:—
“3. The Council of Defence shall—
(a) for the purpose of general meetings, consist of the following members and associate members—
Members. | | The Prime Minister of the Commonwealth; The Treasurer of the Commonwealth; The Minister of State for Defence; and such additional Ministers as are from time to time summoned by the Prime Minister; The First Naval Member of the Naval Board; The Second Naval Member of the Naval Board; Another Senior Naval Officer nominated by the Minister for Defence; The Inspector-General of the Military Forces; The First Military Member of the Military Board; Two other Senior Military Officers of the Active List, nominated by the Minister of State for Defence; The First Air Member of the Air Board; |
C. 12838.—Price 3d.
Associate Members. | | The Controller-General of Munition Supply; The Secretary to the Department of the Treasury, |
and
(b) for the purpose of ordinary meetings, consist of the follow members and associate member—
Members | | The Minister of State for Defence; The First Naval Member of the Naval Board; The Second Naval Member of the Naval Board; The Inspector-General of the Military Forces; The First Military Member of the Military Board; The First Air Member of the Air Board; |
Associate Member. | | The Controller-General of Munitions Supply. |
Provided that when the First Military Member of the Military Board is also exercising the duties of Inspector-General of the Australian Military Forces, the second Military Member of the Military Board shall be a member of the Council for the purpose of both general and ordinary meetings.”
Sub-regulation (2) of regulation 6 is cancelled and following substituted therefor:—
“Two Ministers (of whom one shall be the Minister for Defence), two Naval Members, two Military Members, and the First Air Member of the Air Board shall constitute a quorum at a general meeting.”
Sub-regulation (2) of regulation 8 is cancelled and the following substituted therefor:—
“Four members (including at least one Naval Member, one Military Member, and the First Air Member of the Air Board), shall constitute a quorum for an ordinary meeting.”
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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
Statutory Rules 1925 No. 141, made under the Defence Act 1903-1918, was enacted to amend the Council of Defence Regulations, which were first established in 1923. This legislative instrument was introduced by the Federal Executive Council, with the Governor-General acting on the advice of the Minister of State for Defence, Neville Howse. The regulations define the composition and meeting quorums for the Council of Defence, which plays a crucial role in the coordination and administration of Australia's defence efforts. This amendment aims to refine the structure and operational procedures of the Council to better meet the evolving defence needs of the Commonwealth.
The Council of Defence is tasked with advising the government on defence matters and ensuring the effective administration and coordination of defence forces. By specifying the members and quorum requirements for general and ordinary meetings, the regulation seeks to enhance the Council's efficiency and decision-making capacity. The updated membership and quorum provisions reflect a strategic effort to balance representation from the Navy, Military, and Air Force while maintaining the Council's responsiveness and authority in defence governance.
Scope and Application
The Statutory Rules 1925 No. 141, made under the Defence Act 1903-1918, establish the composition and quorum requirements for the Council of Defence. The Council is composed of various military and government officials, including the Prime Minister, the Minister of State for Defence, and senior officers from the Navy, Military, and Air Force, among others. The Council is designed to meet for general and ordinary purposes with specific membership and quorum requirements to ensure effective decision-making. General meetings require a quorum consisting of two Ministers (including the Minister for Defence), two Naval Members, two Military Members, and the First Air Member of the Air Board, while ordinary meetings require a quorum of four members, including at least one Naval Member, one Military Member, and the First Air Member of the Air Board. These regulations apply to the Commonwealth of Australia and are designed to provide a structured framework for the Council of Defence to operate within, ensuring that it can convene and make decisions effectively in the interests of national defence.
Key Provisions
The main operative sections of these Regulations (Statutory Rules 1925, No. 141) under the Defence Act 1903-1918 pertain to the composition and meeting requirements of the Council of Defence. Regulation 3 delineates the membership of the Council for both general and ordinary meetings, specifying the individuals who are to be included as members and associate members (Reg. 3(a) and (b)). For general meetings, the Council comprises the Prime Minister, the Treasurer, the Minister of State for Defence, additional Ministers summoned by the Prime Minister, and various senior officers from the Naval, Military, and Air Boards, as well as the Inspector-General of the Military Forces. The Controller-General of Munition Supply and the Secretary to the Department of the Treasury are also listed as associate members for general meetings. For ordinary meetings, the Council is reduced to include the Minister of State for Defence, the Naval Members, the Inspector-General of the Military Forces, the Military Members, and the First Air Member of the Air Board, with the Controller-General of Munition Supply remaining as an associate member.
These Regulations impose specific obligations on the Council of Defence regarding its composition and the conditions required for a quorum during meetings. Regulation 3(a) and (b) establish that certain individuals must be included in the membership of the Council for it to be properly constituted. Additionally, sub-regulation (2) of regulation 6 stipulates that a quorum at a general meeting must consist of two Ministers (one of whom must be the Minister for Defence), two Naval Members, two Military Members, and the First Air Member of the Air Board (Reg. 6(2)). Similarly, sub-regulation (2) of regulation 8 states that a quorum for an ordinary meeting must include four members, including at least one Naval Member, one Military Member, and the First Air Member of the Air Board (Reg. 8(2)).
The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of their provisions. However, given the context of national defence and the critical nature of the Council of Defence's responsibilities, non-compliance with these Regulations could potentially lead to significant legal and administrative repercussions. For instance, failure to convene a properly constituted Council meeting or to achieve a required quorum could result in the Council being unable to fulfil its duties effectively, thereby impacting national defence preparedness and decision-making processes. Although the Regulations themselves do not state maximum penalties, breaches of related legislative provisions or failure to adhere to such critical defence-related regulations could attract penalties under other applicable laws.