STATUTORY RULES.
1904. No. 32.
Commonwealth of Australia.
Department of Defence,
Melbourne, 2nd July, 1904.
AMENDMENT OF THE REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH, 1904 (PROVISIONAL), TO COME INTO OPERATION FORTHWITH.
PART. III.—OFFICERS.
First Appointment.
At end of paragraph 6, add—
“In special cases recommended by the General Officer Commanding, persons may be appointed who exceed the age laid down in paragraph 4. Such special appointments, which are reserved for very exceptional cases, will be judged solely on their merits.”
In paragraph 49, cancel the words—
“On appointment, a Quartermaster will have the honorary rank of Lieutenant”;
and substitute therefor the words—
“Candidates promoted from the ranks are eligible for appointment as Quartermaster up to the age of 50.”
“On appointment, a Quartermaster will have the honorary rank of Lieutenant, and, after ten years’ service in that rank, will be granted the honorary rank of Captain.”
PART X. (DISCHARGE).
Cancel paragraph 39, and substitute therefor the following:—
“39. Soldiers may, in cases of necessity, be provided with plain clothes on discharge, in accordance with Part VIII. of the Financial and Allowance Regulations.”
PART XVI.—RIFLE CLUBS.
In paragraph 1, line 4, after the word “gazetted,” insert the words “or authorized by General Order.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.2816.—Price 3d.
Overview
The Statutory Rules 1904 No. 32, enacted by the Commonwealth of Australia through the Department of Defence, addresses the need to amend the Regulations for the Military Forces of the Commonwealth, 1904 (Provisional). This legislative instrument was introduced to address specific gaps and policy objectives within the existing framework of military governance, including adjustments to officer appointments, quartermaster ranks, discharge provisions, and rifle club authorisations. The amendments allow for more flexibility in officer appointments by considering merits in exceptional cases, modifying the age limits for quartermaster appointments, providing plain clothes to soldiers on discharge, and clarifying the authority for rifle clubs. This amendment aims to enhance the efficiency and flexibility of military administration during the provisional period of the military forces' regulations.
Scope and Application
The Legislative Instrument C1904L00032 pertains to the amendment of the Regulations for the Military Forces of the Commonwealth, 1904 (Provisional), specifically affecting officers, their appointments, and the conditions under which soldiers may be discharged. The legislation applies to officers within the Commonwealth's military forces, including those in special cases where the General Officer Commanding may recommend appointments for individuals exceeding the specified age limits. Additionally, it modifies the eligibility criteria for Quartermaster appointments, stipulating that candidates promoted from the ranks can be appointed up to the age of 50, with changes to their honorary ranks upon appointment and after ten years of service. Furthermore, the instrument provides for the provision of plain clothes to soldiers upon discharge in cases of necessity, aligning with the Financial and Allowance Regulations. The amendments also extend to Rifle Clubs, allowing membership for individuals who are gazetted or authorised by General Order. This legislation is geographically and jurisdictionally applicable to the Commonwealth of Australia and is subject to further interpretation and application through subordinate instruments.
Key Provisions
The statutory rules (C1904L00032) amend the Regulations for the Military Forces of the Commonwealth, 1904 (Provisional). These amendments pertain to the appointment of officers, the rank of quartermasters, and the discharge of soldiers. The most significant changes involve provisions for the first appointment of officers (section III), the rank of quartermasters (section III.49), and the discharge of soldiers (section X.39). Additionally, the rules modify regulations concerning rifle clubs (section XVI.1).
Under the new regulations, the appointment of officers may deviate from the standard age requirements in special cases (section III). This flexibility allows for appointments based on merit in exceptional circumstances, as recommended by the General Officer Commanding (section III). The amendment also specifies the age limit for candidates promoted from the ranks to be eligible for appointment as quartermasters, setting it at 50 years old (section III.49). Furthermore, it removes the honorary rank of Lieutenant for quartermasters upon appointment and alters the progression of their honorary ranks (section III.49).
Soldiers are now permitted to receive plain clothes upon discharge in cases of necessity, as per the Financial and Allowance Regulations (section X.39). This provision provides a practical solution for soldiers needing plain clothes after their service. The rules also introduce a change in the authorization of rifle clubs, allowing them to be gazetted or authorized by a General Order (section XVI.1). This ensures a more streamlined process for the establishment and operation of these clubs within the military framework.
The statutory rules impose certain obligations on military officers and personnel, including adherence to the new age limits and rank provisions for quartermasters (section III.49). Officers must consider special recommendations for exceptional appointments (section III). Additionally, soldiers must follow the new guidelines for receiving plain clothes upon discharge (section X.39). The regulations for rifle clubs now require adherence to either gazetted or General Order authorization (section XVI.1).
The statutory rules do not explicitly state any new offences or penalties for breaches. However, non-compliance with the outlined provisions could result in administrative or disciplinary actions under the existing military regulations. The specific consequences for breaches would depend on the severity and nature of the non-compliance, as governed by the broader military laws and regulations.