STATUTORY RULES.
1912. No. 82.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Commonwealth Military Regulation 121c. Relative to Transfer or Appointment to Commissioned Rank in the Royal Australian Engineers.
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-sixth day of April, 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.
Add new Regulation—
121c. To be eligible for transfer or appointment to commissioned rank in the Royal Australian Engineers, under the provisions of Regulation 121A or 121B, candidates will, in addition to the conditions therein prescribed, be required to have fulfilled the conditions for appointment to the Royal Australian Engineers prescribed in Regulation 68.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.5561.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1911, enacted in 1912, were introduced to address the need for urgent amendments to military regulations concerning the Royal Australian Engineers. The regulations were issued by the Governor-General in Council, acting on behalf of the Commonwealth of Australia, to facilitate immediate operational changes in the military structure. The overarching policy objective of these regulations was to ensure that candidates aspiring to commissioned ranks within the Royal Australian Engineers met specific and stringent criteria, thereby maintaining high standards of competency and qualification within the military force. This legislative instrument was crucial in establishing clear and comprehensive eligibility requirements for appointments within the military, reflecting the period's urgency in structuring and strengthening the defence capabilities of the nation.
Scope and Application
The Provisional Regulation 121c under the Defence Act 1903-1911 pertains specifically to the transfer or appointment of individuals to commissioned ranks within the Royal Australian Engineers. This regulation applies to all candidates who are seeking such appointments and are governed by the conditions stipulated in Regulations 121A, 121B, and 68. Essentially, it delineates the requisite qualifications and criteria that must be met by individuals aspiring to serve in commissioned ranks within the Royal Australian Engineers. The regulation is issued as a provisional measure, reflecting its urgency and immediate applicability across the Commonwealth of Australia, thereby ensuring that all relevant personnel within the military forces are uniformly governed by these stipulations.
This provisional regulation extends its reach throughout the Commonwealth, governing military personnel who fall under the Defence Act 1903-1911. It does not explicitly state any exclusions or exemptions, and its application is comprehensive within the specified scope of the Royal Australian Engineers. The regulation also implies that any further detailed provisions or amendments could be introduced through subordinate instruments, thereby allowing for flexibility and responsiveness to evolving military needs and standards.
Key Provisions
The main operative sections of these Provisional Regulations are crucial for the eligibility criteria for candidates aspiring to transfer or be appointed to commissioned ranks within the Royal Australian Engineers. Regulation 121c stipulates that, apart from the conditions outlined in Regulations 121A and 121B, candidates must also satisfy the specific conditions for appointment to the Royal Australian Engineers as prescribed in Regulation 68 (121c). This additional requirement ensures that candidates meet all necessary prerequisites before they are considered for commissioned ranks within this specific branch of the military.
These Regulations impose clear obligations on potential candidates aspiring to serve in commissioned roles within the Royal Australian Engineers. They must not only fulfil the broader conditions stipulated in Regulations 121A and 121B but must also meet the specific conditions laid out in Regulation 68. This layered eligibility process ensures that candidates are thoroughly vetted and meet all necessary standards before being considered for such roles. The regulations emphasize the importance of meeting both general and branch-specific requirements, ensuring that candidates are adequately prepared and qualified for the responsibilities of commissioned ranks.
Failure to comply with the conditions set out in these Regulations may result in disqualification from consideration for transfer or appointment to commissioned rank in the Royal Australian Engineers. While the document does not explicitly detail specific penalties or consequences for non-compliance, it is implied that adherence to these criteria is mandatory for any candidate. The stringent eligibility requirements reflect the seriousness with which the military takes the qualifications and preparedness of its officers.
The implications of non-compliance are significant, as failure to meet the conditions outlined in Regulations 121A, 121B, and 68 could result in candidates being deemed ineligible for commissioned ranks. While the precise legal or administrative consequences for non-compliance are not detailed within the document, the overarching intent is to ensure that only suitably qualified and prepared individuals are appointed to such roles. This stringent approach underscores the importance of meeting both general and specific eligibility criteria for commissioned ranks in the Royal Australian Engineers.