STATUTORY RULES.
1912. No. 196.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Commonwealth Military Regulation 132a.
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 third day of October, 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.
Reserve of Officers.
Regulation 132a is cancelled, and the following substituted therefor:—
“Officers within the age limit may be transferred to the Reserve of Officers, provided (except in the case of officers of the Australian Army Medical Corps and the Australian Army Veterinary Corps) they have served for not less than five years on the active list and are reported upon as efficient and thoroughly capable.
Officers will only be permitted to remain on the Reserve of Officers for seven years, and, failing to gain a transfer to a regiment or corps on completion of this period, will be retired.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.12827.—Price 3d.
Overview
The Statutory Rules of 1912, No. 196, introduces provisional regulations under the Defence Act 1903-1911, specifically amending Commonwealth Military Regulation 132a. Enacted on 3 October 1912 by the Governor-General in Council, these regulations address the issue of ensuring a competent reserve of officers within the Commonwealth military forces. The policy objective is to maintain a reserve that is both skilled and ready for active service by specifying stringent conditions for officer transfers and limiting their duration on the reserve list. This legislation aims to enhance the preparedness and efficiency of the military by ensuring that officers in the reserve are of high capability and actively contributing to military readiness.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911, specifically amending Commonwealth Military Regulation 132a, pertain to the transfer and retention of officers within the military forces of the Commonwealth. These regulations apply to officers within the specified age limits who may be transferred to the Reserve of Officers, with particular conditions for those outside the Australian Army Medical Corps and the Australian Army Veterinary Corps. The criteria for transfer include a minimum of five years of service on the active list and a report of being efficient and thoroughly capable. Furthermore, officers can only remain on the Reserve of Officers for a period of seven years, after which they must secure a transfer to a regiment or corps or face retirement. The regulation is applicable throughout the Commonwealth of Australia and takes immediate effect as a Provisional Regulation. There are no explicit exclusions, exemptions, or thresholds detailed in this particular legislative instrument, though it should be noted that the regulation may be further extended or restricted through subsequent subordinate instruments or amendments.
Key Provisions
The key operative sections of these Provisional Regulations under the Defence Act 1903-1911 primarily focus on the transfer of officers to the Reserve of Officers (Regulation 132a). This regulation specifies that officers within the age limit can be transferred to the Reserve of Officers, but only if they have served for at least five years on the active list and have been evaluated as efficient and thoroughly capable (Regulation 132a). An exception is made for officers of the Australian Army Medical Corps and the Australian Army Veterinary Corps, who are not subject to the five-year service requirement. Furthermore, officers can only remain on the Reserve of Officers for a period of seven years; if they do not secure a transfer to a regiment or corps by the end of this period, they will be retired.
The Provisional Regulations impose certain obligations on the parties involved. Firstly, officers who are eligible for transfer to the Reserve of Officers must meet the specified service and capability requirements. This involves ensuring that they have served at least five years on the active list and have been assessed as efficient and thoroughly capable, except for those in the Australian Army Medical Corps and the Australian Army Veterinary Corps. Secondly, the regulations mandate that officers remain on the Reserve of Officers for no more than seven years, after which they must either gain a transfer to a regiment or corps or face retirement.
In terms of consequences for non-compliance, the Provisional Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, it can be inferred that failure to adhere to the stipulated requirements for transfer to the Reserve of Officers or exceeding the permissible duration on the Reserve could result in administrative actions such as retirement. The regulations' urgency and immediate operation suggest that non-compliance might lead to immediate administrative consequences rather than specific penal sanctions detailed in the text.