STATUTORY RULES.
1953. No. 62.
REGULATIONS UNDER THE DEFENCE ACT 1903-1953.*
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 1903-1953.
Dated this twenty-fifth day of June, 1953.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
Amendments of the Defence Force Regulations.†
Powers of Naval and Air Force officers when acting with Military Forces.
1. Regulation 6 of the Defence Force Regulations is amended by omitting the words “non-commissioned office of that body of the Air Force” and inserting in their stead the words “non-commissioned officer, not below the rank of sergeant, of that body of the Air Force”.
Powers of Military and Air Force officers when acting with Naval Forces.
2. Regulation 7 of the; Defence Force Regulations is amended by omitting the words “non-commissioned officer of that body of the Air Force” and inserting in their stead the words “non-commissioned officer, not below the rank of sergeant, of that body of the Air Force”.
3. Regulation 31 of the Defence Force Regulations is repealed and the following regulation inserted in its stead:—
War graves.
“31. Notwithstanding the provisions of a law of a State or a Territory of the Commonwealth, the Secretary-General of the Anzac Agency of the Imperial War Graves Commission, or an officer of the Defence Force in. charge of a unit specifically raised for the purpose of the registration of, or inquiries concerning, the graves of deceased members of the Defence Force—
(a) may establish or cause to be established such cemeteries as are required for the burial of bodies of persons who have died while on service as members of the Defence Force or as a result of service as members of the Defence Force;
(b) may authorize and direct the exhumation and the reinterment, cremation or other disposal of the body of a member of the Defence Force who has died while on service; and
(c) may enter a cemetery and inspect, maintain or execute any work in connexion with the grave of a person who has died while on service as a member of the Defence Force or as a result of service as a member of the Defence Force or authorize any other person or persons to enter a cemetery and inspect, maintain or execute any work in connexion with such a grave.”.
* Notified in the Commonwealth Gazette on , 1953.
† Statutory Rules 1952, No. 29.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2176.—Price 3d. 9/13.5.1953.
Overview
The Statutory Rules 1953 No. 62, made under the Defence Act 1903-1953, was enacted to amend the Defence Force Regulations and address specific issues related to the powers and responsibilities of officers within the military, naval, and air forces. These regulations were established to ensure clear and effective command structures and responsibilities when military forces operate together. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the authority granted under the Defence Act. The primary objective of these regulations was to clarify the ranks and responsibilities of non-commissioned officers when acting with different military forces, thereby ensuring operational efficiency and accountability within the Defence Force.
Additionally, the regulations sought to address the management and maintenance of war graves by authorising the Secretary-General of the Anzac Agency of the Imperial War Graves Commission or an officer of the Defence Force to establish cemeteries, direct exhumations, and carry out maintenance of graves for deceased Defence Force members. This amendment aimed to provide a structured approach to honouring and preserving the final resting places of those who have served in the Defence Force, ensuring that their graves are maintained in accordance with the requirements of service and respect.
Scope and Application
The Legislative Instrument, Statutory Rules 1953 No. 62, made under the Defence Act 1903-1953, pertains to the Defence Force Regulations and modifies several provisions concerning the powers and responsibilities of naval and air force officers when acting with military forces. This regulation applies to officers of the defence force, specifically to non-commissioned officers not below the rank of sergeant, as well as to the Secretary-General of the Anzac Agency of the Imperial War Graves Commission or any officer in charge of units established for the registration or inquiries concerning the graves of deceased members of the Defence Force. The geographic reach of these regulations is nationwide, as they are enacted under the Commonwealth authority. The regulations supersede any conflicting state or territory laws regarding the establishment, maintenance, and inspection of war graves. Additionally, these regulations permit the exhumation and reinterment, cremation, or other disposal of the bodies of deceased members of the Defence Force, as well as the entry into and maintenance of cemeteries for such graves.
Key Provisions
The main operative sections of these Regulations under the Defence Act 1903-1953 include several key amendments and additions to the Defence Force Regulations (sections 1 and 2) and a new regulation regarding war graves (section 3). Regulation 6 and Regulation 7 are amended to specify that non-commissioned officers of the Air Force must be at least in the rank of sergeant when acting with Military and Naval Forces respectively (sections 1 and 2). Regulation 31 is repealed and replaced with a new regulation concerning the establishment, management, and maintenance of cemeteries for deceased Defence Force members and the authority to exhume and reinter or cremate their remains (section 3).
These Regulations impose specific obligations and requirements on the relevant parties, particularly those involved in the management and oversight of war graves. The Secretary-General of the Anzac Agency of the Imperial War Graves Commission, or an officer of the Defence Force in charge of units raised for this purpose, is granted extensive powers to establish cemeteries, authorize the exhumation and reinterment or cremation of deceased Defence Force members, and to enter and maintain cemeteries (section 3). These provisions ensure that the graves of Defence Force members are properly managed and maintained, regardless of state or territory laws.
The Regulations also outline potential consequences for breaches, although specific offences and penalties are not explicitly detailed in the text. It can be inferred that failure to comply with the requirements for the management of war graves, such as unauthorized entry or maintenance of cemeteries, could lead to legal action under the Defence Act 1903-1953. The exact penalties would depend on the nature and severity of the breach and could potentially involve civil or criminal liability under Australian law.