Defence Act 1910

Overview

The Defence Act 1910, enacted by the Parliament of the Commonwealth of Australia, is an amendment to the Defence Act 1903–1909, addressing several aspects of military organisation, training, and service requirements. The Act introduces a more stringent set of criteria for the resignation of commissions, requiring officers to complete a minimum of twelve years of service unless special circumstances apply. It also mandates that officers must complete specific courses of instruction before being promoted to ranks above Captain and Major, ensuring they are proficient in both their own and other military arms. Additionally, the Act establishes a Special School of Instruction for training non-commissioned officer instructors and outlines a range of exemptions from military service during wartime, including for medical reasons, certain professional roles, and conscientious objectors. The Act further details the establishment of a Military College for the education of candidates for commissions, with eligibility and appointment conditions clearly defined. The overall policy objective is to enhance the professionalism and readiness of the military forces by improving training standards and clarifying service requirements.

Scope and Application

The Defence Act 1910 applies to officers and personnel within the Military Forces of Australia, and includes provisions that govern the resignation of commissions, the promotion of officers, and the establishment of training schools for non-commissioned officers. It also addresses the exemption of certain individuals from service during wartime, based on their medical fitness, employment, or religious beliefs. Additionally, the Act outlines the establishment and maintenance of horse depôts and farms, the vesting of property belonging to Rifle Clubs in the captain of the Club, and the supply of uniforms to all ranks of the Citizen Forces. The Act applies to the Commonwealth jurisdiction, and certain provisions are subject to subordinate instruments for further regulation. Some exclusions and exemptions apply, such as the exemption of persons employed in specific services or with particular qualifications from compulsory military service, and the exemption of theological students from prescribed training while they remain students, subject to equivalent training upon ceasing to be students. The Act also establishes a Military College for the education of candidates for commissions in all arms of the Military Forces and outlines the criteria for admission to the College and appointment as an officer of the Permanent Forces. The Act applies to British subjects and provides for the admission of British subjects not permanently resident in Australia under prescribed conditions. Certain sections of the Principal Act are repealed, and new sections are inserted to provide for the establishment of a Military College, the formation of a College Corps, and the appointment of officers based on graduation from the Military College.

Key Provisions

• The Defence Act 1910 makes several key amendments to the Defence Act 1903–1909. Section 3 amends the Principal Act by adding a new sub-section to section seventeen, which states that an officer who resigns before completing twelve years’ service will not have that service counted towards the service required under Part XII of the Act, except under special circumstances. Section 4 inserts new sections after section twenty-one of the Principal Act, which include new requirements for promotion to ranks above Captain and Major, as well as the establishment of a Special School of Instruction for training non-commissioned officers. Section 5 repeals section twenty-nine and the headings of Division 1 and Division 2 of Part II of the Principal Act.
• The Defence Act 1910 imposes several obligations on the parties it governs. Section 21a requires officers to pass a course of instruction before being promoted to certain ranks. Section 21b requires that all future appointments of instructors for the Special School of Instruction be made from among those who have completed the prescribed course and satisfied the Chief of the General Staff of their competence, with certain exceptions. Section 61 sets out the categories of persons who are exempt from service in time of war, subject to certain conditions. Section 61a places the burden of proving exemption on the person claiming it.
• Breach of the provisions of the Defence Act 1910 may result in civil or criminal consequences. For example, failure to complete the required course of instruction before being promoted to certain ranks could result in a finding that the promotion is invalid. Failure to report for training or service when required could result in fines or imprisonment. However, the Act does not specify the maximum penalties for these or any other offences.
• Overall, the Defence Act 1910 makes several important changes to the Defence Act 1903–1909, including new requirements for promotion and training, as well as changes to the categories of persons who are exempt from service in time of war. These changes are intended to improve the efficiency and effectiveness of the Australian Defence Force, and to ensure that all members of the Defence Force are properly trained and qualified for their roles.

Legal classification tags

Area of Law

Defence Law

Instrument

Amending Act

Concepts

Definitions & Interpretation

Repeal & Amendment

Licensing & Registration

Enforcement Powers

Exemptions & Exclusions