STATUTORY RULES.
1910. No. 69.
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 Regulation under the Defence Acts 1903-1904 should come into immediate operation, and further, should be taken to have come into operation on and from the 29th May, 1910, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this 29th day of July, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Addition.
At end of Regulation 14 add following new paragraph:—
“The rank of brigadier-general shall be local or temporary only.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.8423.—Price 3d.
Overview
The Provisional Regulations under the Defence Acts 1903-1904, certified as a Statutory Rule in 1910, were enacted to address the urgent need to amend existing military regulations regarding the rank structure within the Commonwealth military forces. The regulations were promulgated by the Governor-General, with the advice of the Federal Executive Council, to ensure immediate implementation and operational effect from May 29, 1910. This legislative instrument sought to modify the status of the rank of brigadier-general, specifying it as local or temporary only, thereby providing flexibility and responsiveness in military leadership appointments during a period of heightened activity or emergency. The overarching aim was to refine the military hierarchy and operational readiness in accordance with the evolving defence needs of the nation.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 apply to the military forces of the Commonwealth of Australia. The regulations concern the establishment and operation of military ranks, specifically addressing the rank of brigadier-general. The geographic reach of these regulations is national, encompassing all military forces within the Commonwealth. These regulations impose a temporary or local status on the rank of brigadier-general, thus providing flexibility in military command structures as needed. The regulations come into immediate operation as certified by the Governor-General, and they are designed to be provisional, subject to further legislative refinement or amendment. The regulations themselves do not explicitly state any exclusions, exemptions, or thresholds; however, they extend to any subordinate instruments that might further define or refine the application of the Defence Acts.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Acts 1903-1904 introduce specific amendments to the existing military structure. Notably, Regulation 14 is modified to include a new paragraph (14(a)) which states that the rank of brigadier-general shall be local or temporary only (14(a)). This means that any appointment to the rank of brigadier-general is not permanent but is instead confined to a specific role or period of service.
The obligations and requirements imposed by these regulations primarily affect military personnel, particularly those in leadership roles. The addition to Regulation 14 clarifies the temporary nature of the rank of brigadier-general, ensuring that such appointments are not permanent and are instead tied to specific duties or periods of service. This stipulation is crucial for maintaining clarity within the military hierarchy and ensuring that promotions are aligned with the operational needs of the forces.
Failure to adhere to these provisions can result in significant consequences. While the specific offences, penalties, or consequences for breaching these regulations are not detailed in the provided text, it is reasonable to infer that any non-compliance with the Defence Acts 1903-1904 could lead to disciplinary action within the military. Such actions could include demotion, revocation of rank, or other punitive measures as deemed appropriate by the military authorities. The overarching intent of these regulations is to maintain order and clarity within the military hierarchy, and any breach could disrupt these objectives.