statutory rules.
1906. No. 58.
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 Regulations under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this Sixteenth day of August, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command.
T. PLAYFORD.
Commonwealth Military Regulations.
Paras, 175 (g) and 176 are cancelled.
Para. 181. Add at end of para. “(Permanent Forces C.M. Form A. 6; Citizen Forces A. 8).”
Para. 190. Delete “he shall be given a Certificate of Discharge upon the authorized form,” and insert “he shall, in the Permanent Forces, be given a Certificate of Discharge (C.M.F. A. 16), and in the Citizen Forces upon application (C.M. Form A. 17).”
Para. 192. After the words “Proceedings on Discharge” insert “(C.M. Form A. 45).”
Para. 214. Add at end of para., “A record of all leave granted is to be kept in C.M. Book No. 17.”
Para. 271. Delete “and send it to the orderly-room to be entered in the minor offence report,” in lines 9 and 10.
Para. 272. Amend para. to read, “The award of the commanding officer, or officer commanding the company, &c., will be entered in the guard report, and signed by him. The awards of punishments by officers commanding companies, &c., will be reported to the commanding officer, who will make such remissions or remarks as he may think advisable.”
Para. 475. Add at end of para., “A record of all leave granted is to be kept in C.M. Book No. 17.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C. 8275—Price 3d.
Overview
Statutory rules 1906 No. 58, known as the Provisional Regulations Under the Defence Acts 1903-1904, was introduced to immediately address the urgent need for modifications to existing military regulations to better align with the administrative needs of the Defence Forces during a period of heightened activity. This legislative instrument was enacted by the Governor General in accordance with the Defence Acts 1903-1904 and came into immediate operation as certified by the Federal Executive Council, acknowledging the urgency of the situation. The primary policy objective behind these provisional regulations was to streamline and update military procedures to ensure efficient and effective management within the military framework, particularly in the context of the changing operational demands of the Defence Forces at the time.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904 apply to members of the Australian military, including both the Permanent Forces and the Citizen Forces, and their governing bodies. The regulations govern the administration of military personnel, including the issuing of certificates of discharge and the recording of leave granted. These regulations pertain to the Commonwealth of Australia and are implemented on an urgent basis to ensure the smooth operation of military procedures during a period of exigency. The regulations may be amended or extended through subordinate instruments, reflecting the evolving needs of the military and the overarching legislative framework. However, no specific exclusions, exemptions, or thresholds are mentioned within the text of these provisional regulations.
Key Provisions
The Provisional Regulations under the Defence Acts 1903–1904, as detailed in statutory rules 1906 No. 58, introduce several significant amendments to existing military regulations. Section 175(g) and 176 are cancelled, while paragraph 181 now includes a reference to specific forms for Permanent Forces (C.M. Form A. 6) and Citizen Forces (A. 8). Paragraph 190 has been revised to specify that a Certificate of Discharge should be issued in the Permanent Forces using C.M.F. A. 16, and upon application in the Citizen Forces using C.M. Form A. 17. Additionally, paragraph 192 now mandates that proceedings on discharge be recorded using C.M. Form A. 45. Paragraph 214 requires a record of all leave granted to be maintained in C.M. Book No. 17. Paragraph 271 has been amended to remove the requirement to send documents to the orderly-room for entry in the minor offence report, while paragraph 272 now stipulates that the commanding officer or officer commanding the company’s awards will be entered in the guard report and signed by them, with reports of punishments by company officers to be reviewed by the commanding officer for any remissions or remarks. Lastly, paragraph 475 also mandates that a record of all leave granted be kept in C.M. Book No. 17.
These regulations impose several obligations on the parties involved. Specifically, they require the use of designated forms for various military procedures, such as the issuance of Certificates of Discharge and the recording of leave. Additionally, they mandate the maintenance of records in specific books for tracking purposes, ensuring accountability and transparency in military administration. Officers must ensure that awards and punishments are properly documented and reported according to the outlined procedures, reinforcing the structured governance of military conduct.
Failure to comply with these regulations may result in various consequences. Although the specific penalties are not detailed within the text of the regulations, breaches of military protocol can typically lead to disciplinary actions under the Defence Acts 1903–1904. Such actions may include administrative penalties, reductions in rank, or even discharge from service, depending on the severity and nature of the breach. Additionally, civil or criminal liability may arise if the breach of these regulations results in harm to individuals or property, subjecting the offender to legal proceedings under Australian law.