STATUTORY RULES.
1913. No. 5.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendments to Commonwealth Military Regulations 66, 93A, 107, 111, 120, 204, 205, 212A, 225A, and 284A.
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 Regulations under the Defence Act 1903-1912 should come into immediate operation and, further, should be taken to have come into operation on and from the 6th day of December, 1912, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this eighth day of January, One thousand nine hundred and thirteen.
DENMAN,
Governor-General
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARV FORCES OF THE COMMONWEALTH OF AUSTRALIA.
Amendments.
Regulation 66.—In the last sub-paragraph, delete the words “and the Officer Commanding the Corps.”
Regulation 93a is cancelled and the following substituted therefor:—
“93A. An officer may be appointed as Staff Officer to the Officer Commanding, Australian Intelligence Corps, in a district on the recommendation of the Chief of the General Staff for such period as is thought fit, and at the rates of pay provided for militia adjutants.”
Regulation 107.—Delete the words “and the Officer Commanding the Corps.”
Regulation 111.—Insert full stop after the word “occurs” and delete “except that in the case of the Australian Intelligence Corps promotions may be made on transfer from the Corps in a State to Corps Head-quarters, or vice versa.”
Regulation 120.—In the last sub-paragraph omit the words “and the Officer Commanding the Corps.”
Regulation 204.—For words “Corps Orders” substitute “the District Commandant.”
C.90.—Price 3d.
Regulation 205.—Last sub-paragraph is amended to read:—
“In the case of an officer of the Australian Intelligence Corps, the Adjutant-General will take the advice of the Chief of the General Staff before submitting his name to the Military Board for relaxation of this Regulation.”
Regulation 212a.—After the words “Officer Commanding the Australian Intelligence Corps” add “of a district.”
Delete Regulation 225a.
Regulation 284a is cancelled, and the following substituted therefor:—
“The members of the Australian Intelligence Corps serving in each district respectively constitute a Corps for all purposes of discipline.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
Overview
The Statutory Rules 1913 No. 5, which amends the Commonwealth Military Regulations under the Defence Act 1903-1912, was enacted to address immediate organisational and procedural needs within the military forces of the Commonwealth of Australia. This legislative instrument, certified by the Governor-General in accordance with the urgency provisions of the Defence Act, aims to streamline and refine the operational structure of the military forces, particularly focusing on the Australian Intelligence Corps. The enacting body is the Federal Executive Council, with the Governor-General acting on its advice to ensure the regulations come into immediate operation from December 6, 1912. The overarching policy objective is to enhance the efficiency and discipline of the military by making timely amendments to the existing regulations, thereby ensuring that the military remains responsive to evolving operational requirements.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically amending certain Commonwealth Military Regulations, apply to the military forces of the Commonwealth of Australia. These regulations pertain to personnel within the Australian Intelligence Corps and their commanding officers, as well as the Adjutant-General and the Military Board. The regulations are effective across the Commonwealth of Australia and have a jurisdictional reach that is federally mandated. The provisions address various aspects such as appointments, promotions, and disciplinary matters within the Australian Intelligence Corps. Notably, there are exclusions and specific conditions mentioned, such as the requirement for the Chief of the General Staff's advice in certain circumstances and the stipulation that members of the Australian Intelligence Corps in each district constitute a Corps for disciplinary purposes. The regulations also include amendments that clarify and refine existing provisions, ensuring they align with the current needs and structure of the military forces.
Key Provisions
The statutory rules, specifically Statutory Rules 1913 No. 5, contain provisions that amend certain sections of the Commonwealth Military Regulations under the Defence Act 1903-1912. The regulations aim to update and refine the roles and responsibilities of officers within the Australian Intelligence Corps, ensuring they align with the needs of the military forces of the Commonwealth. Regulation 66, for instance, removes the necessity for the Officer Commanding the Corps to be involved in certain actions, while Regulation 93A introduces a new process for appointing staff officers to the Australian Intelligence Corps. Regulation 107 similarly removes references to the Officer Commanding the Corps, streamlining the process for promotions within the Corps. Regulation 111 modifies the promotion rules by removing specific exceptions for transfers within the Corps, while Regulation 120 further refines the command structure by omitting references to the Officer Commanding the Corps in disciplinary actions. Regulation 204 shifts the authority for issuing Corps Orders to the District Commandant, and Regulation 205 mandates that the Adjutant-General seek the advice of the Chief of the General Staff before recommending an officer of the Australian Intelligence Corps for relaxation of certain regulations.
These amendments impose certain obligations on the officers within the Australian Intelligence Corps. Firstly, the regulations require the Chief of the General Staff to recommend appointments for staff officers, as stipulated in Regulation 93A. Secondly, they necessitate that the Adjutant-General consult the Chief of the General Staff before proposing any relaxation of regulations for officers within the Corps, as outlined in Regulation 205. Furthermore, they redefine the command and disciplinary structure, placing authority with the District Commandant and the Corps members themselves, as indicated in Regulations 204 and 284A, respectively. These changes aim to clarify roles, streamline processes, and enhance the effectiveness of the Australian Intelligence Corps within the military framework.
The provisions of these regulations, if breached, may lead to disciplinary actions and other consequences. Although the specific penalties are not detailed in the statutory rules, breaches of military regulations generally can result in administrative, civil, or criminal penalties, depending on the severity and nature of the offence. For instance, failure to adhere to the new appointment procedures could result in the nullification of the appointment, while disregarding the command structure might lead to disciplinary measures within the military hierarchy. Additionally, any actions that contravene the updated disciplinary provisions could result in severe repercussions, including dismissal from service or legal action. The exact penalties would be determined based on the specific breach and the military justice system's guidelines.