STATUTORY RULES.
1912. No. 11.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Financial and Allowance Regulation 63a.
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 Regulation under the Defence Act 1903-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this seventeenth day of January, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
FINANCIAL AND ALLOWANCE REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
After Regulation 63, add—
“63a. A soldier of the Permanent Forces who is discharged with not less than a ‘good’ character and re-enlists within a period of two years in the regiment or corps from which he was discharged, shall be permitted to count his previous service in such regiment or corps towards good conduct pay and the award of—
The medal for long service and good conduct,
The medal for meritorious service.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.389.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1911, enacted in 1912, address the need to streamline the re-enlistment process for soldiers who have previously served in the Permanent Forces. This legislative instrument, issued by the Governor-General in accordance with the advice of the Federal Executive Council, aims to enhance the efficiency and fairness of military service recognition and remuneration. The policy objective of this regulation is to incentivise experienced soldiers with a good character to re-enlist by recognising their prior service, thereby encouraging continuity and stability within the military ranks. This Provisional Regulation, which came into immediate operation, was implemented to address an urgent need identified within the existing Defence Act framework.
Scope and Application
The Statutory Rules 1912, No. 11, under the Defence Act 1903-1911, pertains specifically to the financial and allowance regulations for military forces of the Commonwealth. This legislation applies to soldiers of the Permanent Forces who have been discharged with a 'good' character and subsequently re-enlist within two years in the same regiment or corps from which they were discharged. The primary focus of these regulations is to ensure that such soldiers are permitted to count their previous service towards good conduct pay and the award of medals, specifically the medal for long service and good conduct, as well as the medal for meritorious service. The scope of the Act is confined to the Commonwealth and its military personnel, with the provisions aimed at recognising and rewarding the service of these individuals. The regulation is designated as a Provisional Regulation, indicating its urgency and immediate applicability, which was necessitated by the Governor-General in consultation with the Federal Executive Council.
Key Provisions
The main operative section of the Provisional Regulations under the Defence Act 1903-1911 is Regulation 63a (63a). This regulation allows a soldier who has been discharged from the Permanent Forces with a 'good' character to re-enlist within two years in the same regiment or corps. If they do so, their previous service will be counted towards their good conduct pay and eligibility for the medals for long service and good conduct, as well as the medal for meritorious service.
The Provisional Regulations impose specific obligations on soldiers who meet the criteria outlined in Regulation 63a (63a). For instance, the soldier must have been discharged with at least a 'good' character, and they must re-enlist within the specified two-year period in the same regiment or corps from which they were discharged. Failure to adhere to these conditions would render the soldier ineligible for the benefits provided by this regulation.
Breaching the conditions set out in Regulation 63a (63a) does not directly result in specified offences, penalties, or consequences within the regulation itself. However, any breach of the Defence Act 1903-1911 or related regulations could potentially lead to disciplinary actions or other consequences as outlined in the overarching Defence Act. The regulation primarily serves to clarify and facilitate the conditions under which soldiers can have their previous service counted towards their current service benefits.