STATUTORY RULES.
1909. No. 84.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that on account of urgency the following Regulations under the Defence Acts 1903-1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 8th day of July, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
——
FINANCIAL AND ALLOWANCE REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 204 is cancelled, and the following substituted:—
“204 (a).—The following are the daily scales of forage for issue to horses:—
| Scale i. | scale II. | Scale III. |
— | For horses the property of the Commonwealth Government, private horses of members of the Defence Force when attending Schools of Instruction, Continuous Training, Staff Rides or Tours, and horses hired as “riding” or “light draught.” | For horses hired as medium draught,” and (in lieu at Scale 1) for Army Service Corps horses, the property of the Commonwealth Government when recommended by the P.V.O, and approved by the Commandant. | For horses hired as “heavy draught.” |
In quarters. | * In Camps. |
| In Quarters. | In Camps. | In Quarters. | In Camps. | | |
| lbs. | lbs. | lbs. | lbs. | lbs. | lbs. |
Oats..... | 10 | 12 | 10 | 12 | 12 | 14 |
Chaff..... | 8 | 12 | 12 | 14 | 12 | 14 |
Hay...... | 6 | ... | 4 | ... | 4 | ... |
Bran..... | 1 | 1 | 1 | 1 | 2 | 2 |
Straw.... | 7 | ... | 7 | ... | 7 | ... |
* “The camp scale may be approved by the Commandant in other circumstances, which, in his opinion, are equivalent to Camp.
“(b) For the purpose of calculating fractional parts of a day’s forage, a ration shall be considered to consist of four equal feeds of
oats and chaff, or their equivalent, viz., ‘morning,’ ‘mid-day,’ ‘evening,’ and ‘night’ feeds, and any hay and bran shall be considered part of the night feed. A full day’s ration of forage will count from and including the ‘evening’ feed, any other feeds before or after such full days being requisitioned as fraction of a ration.
“(c) Officers commanding units will exercise their discretion as regards the method of distribution and proportion for issue to individual horses.
“(d) Commandants may decrease or vary the scales according to local requirements by means of substitutions at the following rates:—
Oats, maize, and barley, each 1 lb. Hay and chaff, each..........1½lb. Bran....................1½lb. Straw..................2 lbs. | | Either of these may be taken as equivalents of the other. |
“(e) Commanding Officers may vary the scales, by increasing or decreasing the quantities of any article of forage, and by adding carrots, green fodder, linseed, &c., provided that the total cost of the forage is not greater than for the authorised scale at the contract prices.
“(f) All contracts shall include conditions giving the necessary power to make variations as authorized by (d) and (e).
“(g) The scale for ‘pack’ horses will be as recommended in each case by a veterinary officer.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
The Provisional Regulations under the Defence Acts 1903-1904, certified by the Governor-General on 8 July 1909, serve to address the immediate operational needs of the military forces within the Commonwealth of Australia. This legislative instrument, issued with the advice of the Federal Executive Council, was enacted due to the urgent requirement to establish provisional regulations governing financial and allowance matters for military personnel. The regulations aim to ensure that the military forces are adequately provisioned and compensated, thereby maintaining operational efficiency and readiness. By setting forth specific forage scales for horses used by the military, the regulations also ensure that the health and welfare of these animals are maintained, which is crucial for the effective functioning of military units.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 govern the financial and allowance regulations for the military forces of the Commonwealth, applying to various personnel and entities within the Australian Defence Force. These regulations pertain to the provision of forage for horses used by the Commonwealth Government, private horses of Defence Force members during training or tours, and horses hired for military purposes. The regulations establish daily forage scales for different categories of horses based on their use and whether they are in quarters or in camp, with provisions for adjustments by officers and Commandants to accommodate local needs or circumstances. The geographic reach of these regulations is national, as they are issued under the authority of the Commonwealth of Australia. While the regulations provide detailed allowances and substitution rates for forage, they do not explicitly state exclusions or thresholds but focus on the administration of financial and logistical support for military horses. The regulations are supplemented by the power of subordinate instruments to make variations to the forage scales and contracts, as authorised by specific provisions within the regulations themselves.
Key Provisions
The key provisions of these Provisional Regulations under the Defence Acts 1903-1904 focus on the establishment of daily scales of forage for horses used by the military forces of the Commonwealth (Regulation 204(a)). These scales differ based on the type of horse and their specific use, such as horses owned by the Commonwealth government, private horses of Defence Force members, or hired horses. The forage scales are divided into three categories: Scale I, Scale II, and Scale III, with each scale specifying the amount of oats, chaff, hay, bran, and straw to be issued to horses in quarters and in camp, with the camp scale potentially adjusted by the Commandant (Regulation 204(a)). The forage ration is divided into four equal feeds: morning, mid-day, evening, and night feeds, with hay and bran considered part of the night feed (Regulation 204(b)). Officers commanding units have discretion over the method of distribution and proportion for individual horses (Regulation 204(c)).
The Regulations impose obligations on various parties, including the Commandants, Commanding Officers, and officers commanding units. Commandants have the authority to decrease or vary the forage scales according to local requirements, substituting certain forage items at specified rates (Regulation 204(d)). Commanding Officers can also vary the scales by adjusting the quantities of any forage item, as long as the total cost does not exceed the authorised scale at the contract prices, and must include conditions in contracts that allow for such variations (Regulation 204(e) and (f)). Officers commanding units must exercise their discretion in distributing and issuing forage to individual horses (Regulation 204(c)). Additionally, the scale for 'pack' horses is determined by a veterinary officer's recommendation in each case (Regulation 204(g)).
The Provisional Regulations do not explicitly mention offences, penalties, or consequences for breach. However, any deviation from the specified forage scales or contract terms without the appropriate authority could potentially lead to disputes or legal action. The specific legal consequences would depend on the context and the terms of the relevant contracts and military orders.