STATUTORY RULES
1911. No. 17.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
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 Act 1903-1910 should come into immediate operation, and further should be taken to have come into operation on the first day of January, 1911, and to make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this fifteenth day of February, One thousand nine hundred and eleven.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
FINANCIAL REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Royal Australian Artillery.
married establishment.
In Regulation 66 (a)—
For—
“The married establishment shall include all sergeants and higher ranks not drawing consolidated pay, and 10 per cent. of the rank and file not drawing consolidated pay.”
Substitute—
“All married non-commissioned officers and men, not drawing consolidated pay, who have served for three years in the Permanent Forces shall be entitled to be placed on the Married Establishment.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.2966.—Price 3d.
Overview
The Statutory Rules 1911, No. 17, titled "Provisional Regulations Under the Defence Act 1903-1910," was enacted in 1911 to address immediate administrative needs within the military forces of the Commonwealth. The urgency of these regulations was recognised by the Governor-General in and over the Commonwealth of Australia, who, acting with the advice of the Federal Executive Council, certified their immediate operation. These Provisional Regulations were intended to streamline and provide clarity on financial arrangements for military personnel, particularly concerning the establishment of married personnel within the forces. The regulations aim to ensure that only those married non-commissioned officers and men who have served for three years in the Permanent Forces and are not drawing consolidated pay are eligible for placement on the Married Establishment. This legislative instrument was printed and published by J. Kemp, the Government Printer for the State of Victoria, underscoring the collaborative effort across state and federal levels in managing the nation's defence policies.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910, as certified by the Governor-General, provide interim financial regulations for the military forces of the Commonwealth, specifically addressing the married establishment within the Royal Australian Artillery. These regulations apply to all married non-commissioned officers and men in the Permanent Forces who have served for three years and are not drawing consolidated pay, thereby entitling them to be placed on the Married Establishment. This regulation aims to provide stability and clarity in the immediate financial structuring of military personnel, ensuring that those who have served for a specified duration and meet certain criteria are eligible for inclusion in the married establishment. The geographic reach of these regulations is nationwide, as they are enacted under the authority of the Commonwealth of Australia, and they come into immediate operation as of 1 January 1911, with a provisional status. The regulations are designed to remain in effect until formal enactment, thus providing a temporary framework until the legislative process is fully completed.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1910, specifically focusing on financial regulations for the military forces of the Commonwealth, detail key modifications to the military's financial structure, particularly regarding the married establishment (Regulation 66(a)). The regulation revises the criteria for inclusion in the married establishment to include all married non-commissioned officers and men, not drawing consolidated pay, who have served for three years in the Permanent Forces. This alteration aims to ensure that the married establishment comprises personnel who have demonstrated a longer-term commitment to the military, potentially enhancing stability and continuity within the forces.
These Regulations impose specific requirements on the military forces by setting a clear criterion for eligibility to be placed on the Married Establishment. Personnel must now have served for three years in the Permanent Forces to qualify, and they must not be drawing consolidated pay. This requirement is intended to ensure that only those who have demonstrated a significant commitment to the military are eligible for the benefits associated with the married establishment. It also seeks to streamline the process of determining who is entitled to these benefits, making it more objective and based on service length and current pay status.
Failure to comply with the provisions of these Regulations could potentially lead to administrative issues or disputes regarding eligibility for the married establishment. However, the Regulations themselves do not explicitly outline offences, penalties, or civil/criminal consequences for breach. Instead, any breach or non-compliance would likely be addressed under the broader Defence Act 1903-1910 or other relevant military regulations, which could include disciplinary action, administrative penalties, or other corrective measures deemed appropriate by the military authorities. The precise consequences would depend on the specific circumstances of the breach and the military's internal disciplinary procedures.