statutory rules.
1913. No. 166.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Amendment to C.M. Regulation 172.
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 1903–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this seventeenth day of June, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
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REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 172 is cancelled and the following substituted therefor:—
“172. Men approved for voluntary enlistment shall engage to serve—
(a) In the Permanent Forces—
For a period of five years, and subject to the conditions with regard to forfeiture of service prescribed in Regulation 458.
(b) In the Active Citizen Military Forces—
For a period of three years.
(c) In the Reserve Forces—
For an unlimited period, subject to the right of resignation.”
(Section 36, Defence Act.)
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8291.—Price 3d.
Overview
Statutory Rules 1913 No. 166, which amend the Defence Act 1903–1912, were enacted to address the need for updated service obligations for volunteers within the Australian military forces. This legislative instrument was introduced to provide clarity and uniformity in the terms of service for different components of the military, namely the Permanent Forces, the Active Citizen Military Forces, and the Reserve Forces. The Governor-General, acting with the advice of the Federal Executive Council, certified the urgency of these regulations and mandated their immediate effect to ensure the military was adequately prepared. This legislative amendment reflects a policy objective to better manage and organise the commitments of volunteers in the defence of the Commonwealth, thereby strengthening the overall readiness and efficiency of the Australian military forces.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912 apply to individuals who have been approved for voluntary enlistment into the military forces of the Commonwealth. These regulations are designed to govern the terms and conditions of service for personnel within the Permanent Forces, the Active Citizen Military Forces, and the Reserve Forces. The regulations outline the duration of service and the specific conditions under which service can be forfeited or terminated. The scope of these regulations extends to the entire Commonwealth of Australia, ensuring uniformity in the terms of enlistment across all states and territories. There are no stated exclusions or exemptions within the text of this particular regulation, and any further details or modifications to the application of these regulations may be found in subordinate instruments or additional statutory rules. The provisions of these regulations come into immediate operation, as certified by the Governor-General, reflecting the urgency and importance of establishing clear guidelines for military service.
Key Provisions
The Provisional Regulations under the Defence Act 1903–1912, specifically Regulation 172, provide clear guidelines on the service periods for different components of the military forces. Regulation 172 states that individuals approved for voluntary enlistment must commit to specific service durations based on the type of military force they join. For the Permanent Forces, enlistment is for a fixed period of five years, with certain conditions regarding the forfeiture of service outlined in Regulation 458 (Regulation 172(a)). For the Active Citizen Military Forces, the commitment is for three years (Regulation 172(b)). Lastly, enlistment in the Reserve Forces is open-ended, allowing for an unlimited period of service, though members retain the right to resign at any time (Regulation 172(c)).
These regulations impose specific obligations on individuals who choose to enlist in the military forces. For instance, those enlisting in the Permanent Forces must commit to serving for five years, adhering to the conditions stipulated in Regulation 458. Similarly, those joining the Active Citizen Military Forces must serve for three years, while those in the Reserve Forces may serve indefinitely but retain the right to resign. These obligations are designed to ensure a structured and committed approach to military service, tailored to the needs and capabilities of different force components.
Breach of the service obligations outlined in Regulation 172 can result in various consequences. For example, failure to complete the committed service period in the Permanent Forces could lead to forfeiture of service, as prescribed in Regulation 458. Similarly, resignation from the Reserve Forces without proper procedures may also have implications. Although the specific penalties are not detailed in the provided excerpt, breaches of military service regulations typically carry significant disciplinary actions, which could include fines, imprisonment, or other penalties as prescribed by military law. The exact consequences would depend on the nature and severity of the breach.