STATUTORY RULES.
1912. No. 170.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
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 twenty-seventh day of August, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 141—
Delete paragraph which reads—“Specialists of the Royal Australian Engineers will take precedence in accordance with their relative ranks.”
Delete the words—“Specialists of the Royal Australian Engineers and the” and insert capital “W” to the word “warrant.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.10304.—Price 3d.
Overview
Statutory Rules 1912 No. 170, enacted in 1912, comprises Provisional Regulations under the Defence Act 1903-1911. This legislative instrument was introduced to address the urgent need to amend the regulations governing the military forces of the Commonwealth of Australia, specifically to correct a typographical error in the previous regulation concerning the precedence of specialists within the Royal Australian Engineers. The regulation was enacted by the Governor-General in Council, reflecting the urgency and importance of the amendment to ensure proper administrative order and functionality within the military framework. The policy objective was to swiftly rectify the error to maintain the integrity and effectiveness of the military hierarchy and operations.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, as evidenced by Statutory Rules 1912 No. 170, apply specifically to the military forces of the Commonwealth. These regulations, issued with urgency and coming into immediate operation, govern the conduct, organisation, and precedence of military personnel, particularly focusing on amendments within the Royal Australian Engineers. The Act applies to individuals who are part of the military forces, including specialists within the Royal Australian Engineers, and encompasses the hierarchical structuring and ranking of military personnel. The geographic reach of this legislation is national, applying across the Commonwealth of Australia, and its jurisdiction is established under the Defence Act 1903-1911. Notably, these regulations are provisional, indicating that they are subject to amendment or replacement by subsequent legislation, and they do not explicitly state exclusions or thresholds, implying a broad application to all relevant military personnel unless otherwise specified by law. The provisions of this legislation may be extended or restricted through subordinate instruments, which would further define the scope and operation of military regulations.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Act 1903-1911 pertain to the military forces of the Commonwealth, with specific amendments detailed in the text. Regulation 141, for example, modifies the precedence of specialists within the Royal Australian Engineers, removing the previous requirement for precedence based on relative ranks and replacing the wording to specify "Specialists of the Royal Australian Engineers and the" with "warrant." This amendment ensures a clear and precise hierarchy within the ranks of the military engineers.
These regulations impose obligations and requirements on the military personnel governed by them. The amendment to Regulation 141 explicitly details the new hierarchy for specialists of the Royal Australian Engineers, ensuring that all ranks are correctly understood and followed within the military structure. This amendment aims to streamline the precedence rules and eliminate any ambiguity that may have existed previously.
Failure to comply with the provisions of these regulations could result in various consequences, depending on the severity of the breach. While the specific penalties are not detailed within the text of these regulations, breaches of Defence Act provisions can generally lead to both civil and criminal penalties. Civil penalties may include fines or other monetary sanctions, while criminal penalties could involve imprisonment or other criminal sanctions, depending on the nature and severity of the offence. The maximum penalties for such breaches would be in accordance with the Defence Act 1903-1911 or any subsequent amendments. It is essential for all military personnel to adhere strictly to these regulations to avoid any potential legal repercussions.