STATUTORY RULES.
1942. No. 44.
REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 1903-1941.
Dated this fourth day of February, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
F. M. FORDE
Minister of State for the Army.
Defence (Labour Corps) Regulations.
Citation.
1. These Regulations may be cited as the Defence (Labour Corps) Regulations.
Definitions.
2.—(1.) In these Regulations—
“the Corps” means the Army Labour Corps constituted by these Regulations.
(2.) Unless the contrary intention appears, words used in these Regulations which are defined in the Defence Act 1903-1941 or the Australian Military Regulations have the meanings assigned to them in those definitions.
Constitution.
3. There shall be an Army Labour Corps, which shall be a corps of the Active Citizen Military Forces and shall consist of—
(a) officers appointed to the Corps or transferred to or seconded for duty with the Corps from other portions of the Military Forces; and
(b) soldiers of the age of eighteen years and upwards but under sixty years who are enlisted in the Corps or transferred to the Corps from other portions of the Military Forces.
* Notified in the Commonwealth Gazette on 4th February, 1942.
905.—Price 3d.
Organization.
4. The Corps shall be organized into such detachments as the Military Board from time to time directs.
Service.
5. Officers and members of the Corps shall perform such duties in connexion with the defence of the Commonwealth or the efficient prosecution of the war or the maintenance of supplies and services essential to the life of the community (not being duties of a combatant nature) as the Military Board directs.
Pay and conditions of service.
6. The provisions of the War Financial (Military Forces) Regulations shall apply to officers and members of the Corps as if they were members of the Citizen Military Forces who had been called up for continuous full time war service other than service for a specified period less than for the duration of the war.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Defence (Labour Corps) Regulations 1942 were introduced to establish the Army Labour Corps as part of the Active Citizen Military Forces. This legislative instrument was made under the Defence Act 1903-1941 and was enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council. The overarching aim of these regulations was to mobilise additional resources to support non-combatant roles essential to the defence efforts and the war economy during World War II. The policy objective was to effectively utilise available manpower for tasks critical to sustaining the war effort without engaging in direct combat, thereby augmenting the existing military forces.
These regulations define the composition of the Army Labour Corps, including its officers and enlisted members, and outline the organisation, duties, and conditions of service for its members. By establishing the Corps, the regulations sought to address the immediate need for additional labour support in various non-combatant roles, thus facilitating the efficient prosecution of the war and the maintenance of essential services within the community.
Scope and Application
The Defence (Labour Corps) Regulations 1942, promulgated under the Defence Act 1903-1941, establish the Army Labour Corps as part of the Active Citizen Military Forces, encompassing officers and soldiers aged between eighteen and sixty years. This legislation applies to individuals who are either appointed or transferred to the Corps from other military forces and is concerned with non-combatant duties related to the defence of the Commonwealth, the war effort, and the maintenance of essential community services. Geographically, these Regulations operate within the Commonwealth of Australia, aligning with national defence and military structures. The Regulations stipulate that the pay and conditions of service for the Corps mirror those applicable to Citizen Military Forces on continuous full-time war service. Notably, these Regulations extend the application of the War Financial (Military Forces) Regulations to the Corps members, thereby incorporating financial provisions pertinent to their service.
Key Provisions
The Defence (Labour Corps) Regulations, which may be cited as such, establish an Army Labour Corps as a part of the Active Citizen Military Forces. This Corps is constituted by the regulations and comprises officers who are either appointed to the Corps or transferred from other parts of the Military Forces, as well as soldiers aged between eighteen and under sixty years who are enlisted in the Corps or transferred from other Military Forces components (Regulation 3). The Corps is to be organised into detachments as directed by the Military Board (Regulation 4). Officers and members of the Corps are to perform duties related to the defence of the Commonwealth, the efficient prosecution of the war, and the maintenance of essential supplies and services, excluding duties of a combatant nature, as directed by the Military Board (Regulation 5). The pay and conditions of service for the officers and members of the Corps are to be governed by the provisions of the War Financial (Military Forces) Regulations, treating them as if they were members of the Citizen Military Forces called up for continuous full-time war service, other than service for a period less than the duration of the war (Regulation 6).
The Regulations impose specific obligations on the officers and members of the Army Labour Corps. They are to perform duties as directed by the Military Board, which must be related to the defence of the Commonwealth, the efficient prosecution of the war, or the maintenance of essential supplies and services, but not including combatant duties (Regulation 5). Furthermore, their pay and conditions of service are to be in accordance with the provisions of the War Financial (Military Forces) Regulations, treating them as Citizen Military Forces members called up for continuous full-time war service (Regulation 6). These obligations ensure that the Corps operates effectively and efficiently under the direction of the Military Board, with clear guidelines on the nature of their duties and the conditions under which they serve.
The Regulations do not explicitly outline specific offences or penalties for breaches. However, given the context of wartime regulations and the overarching Defence Act 1903-1941, any failure to comply with the directives of the Military Board or the conditions set out in the War Financial (Military Forces) Regulations could potentially lead to disciplinary actions under the Defence Act or other relevant military laws. Such actions might include administrative penalties, courts-martial, or other sanctions as deemed appropriate by the military authorities. The precise penalties would depend on the nature and severity of the breach, but they could range from reprimands and fines to more severe punishments depending on the circumstances.