STATUTORY RULES.
1911. No. 52.
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 make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-seventh day of March, One thousand nine hundred and eleven.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Provisional Regulations for the Military College of Australia.
Amendments.
Regulation 3—Line 3—
Delete “from,” and insert “who are members of the Permanent Military Forces of the Dominion of.” Delete, “who shall be enlisted for five years.”
Regulation 6 (1) (e) line 5. Delete “be,” and insert “who has been.”
Regulation 12 (i) line 1. After “every” insert “Commonwealth.”
After regulation 12 (ii) add—
(iii.) Every member of the Permanent Military Forces of the Dominion of New Zealand nominated by the Government of the Dominion as a Cadet shall, before being admitted and enrolled in the Corps of Staff Cadets, sign a Form of Entry (Appendix II.).
Regulation 35, line 2, after “joined.” “Provided that travelling expenses on joining may be refunded to parents.”
Regulation 76 (i) line 5. Delete “II.,” and insert “III.”
Appendix 1.—Oath to be taken by Cadet on attestation, line 4. Before “years” insert “twelve.” Delete “†.” Delete second footnote.
After Appendix 1 insert—
APPENDIX II.
(See Paragraph 12.)
Form of Entry.
Military College of Australia.
Entry of No.................................... Name......................................
C.4724.—Price 3d.
Corps of Staff Cadets.
Joined at.............................................
On......................................................
I,.......................................enlisted in the Permanent Military Forces of the Dominion of New Zealand on..........................................and having been nominated by the Government of the Dominion of New Zealand as a cadet in the Military College of Australia, hereby agree to serve as a Cadet until lawfully discharged, dismissed, or removed.
Signature of Cadet................................................
Signature of Commandant
or other authorized Officer....................................
Date....................................
....................................
Form of Engagement to be signed by persons employed in civil capacities.
Delete heading” Appendix II.,” and insert “Appendix III.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the Stale of Victoria.
Overview
Statutory Rules 1911 No. 52, known as the Provisional Regulations under the Defence Act 1903-1910, was enacted to address urgent matters related to the Military College of Australia. This legislative instrument was issued by the Governor-General in Council on 27 March 1911, marking the regulations as provisional and effective immediately due to the urgency of the matter. The objective of these regulations was to provide a framework for the Military College of Australia, including the amendment of existing provisions to accommodate new requirements and conditions. The regulations were designed to ensure the smooth operation and administration of the Military College, reflecting the immediate needs of the Commonwealth's defence forces during that period.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910 apply to members of the Permanent Military Forces of the Dominion of New Zealand who are nominated as cadets in the Military College of Australia. These regulations govern the admission and enrolment of such cadets, detailing specific procedures and requirements, such as signing a form of entry before being admitted. The regulations also outline provisions for the refund of travelling expenses to parents upon joining and establish the terms of service for these cadets, including the age requirement of twelve years. The regulations cover conduct and transactions related to the Military College of Australia, with specific amendments affecting enlistment terms, oaths, and forms of entry. These provisions are applicable nationally within the Commonwealth of Australia and are supplemented by subordinate instruments to provide detailed implementation guidelines. The regulations do not explicitly state any exclusions, exemptions, or thresholds, but they do set specific conditions for the engagement of cadets from New Zealand in the Australian military college system.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1910, as certified by the Governor-General, introduce specific provisions for the Military College of Australia. Regulation 3 modifies the eligibility criteria for cadets, stipulating that they must be members of the Permanent Military Forces of the Dominion of New Zealand (section 3). Regulation 6(1)(e) adjusts the wording to reflect that a cadet must have been nominated by the Government of New Zealand (section 6(1)(e)). Additionally, Regulation 12 is amended to require every member of the Permanent Military Forces of New Zealand nominated as a Cadet to sign a Form of Entry before admission to the Corps of Staff Cadets (section 12(iii)). Regulation 35 allows for the refund of travelling expenses to parents upon a cadet's joining (section 35).
These regulations impose several obligations on the parties involved. Cadets must sign a Form of Entry, indicating their agreement to serve until lawfully discharged, dismissed, or removed (section 12(iii)). The Form of Entry requires the cadet's signature, the commandant's or authorized officer's signature, and the date of enlistment (Appendix II). Furthermore, the regulations mandate the signing of a Form of Engagement by individuals employed in civil capacities, as detailed in Appendix III (section 76(i)).
The Provisional Regulations also establish consequences for breaches of their provisions. While the specific offences and penalties are not detailed in the provided text, it is implied that failure to comply with the requirements, such as not signing the Form of Entry or not adhering to the eligibility criteria, could lead to administrative or disciplinary actions. Given the context of military regulations, severe breaches might result in more significant consequences, potentially including dismissal from service or other penalties as prescribed by the Defence Act 1903-1910 or related military law.