STATUTORY RULES.
1909. No. 8.
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 27th day of January, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
In Regulation 185 the following words are cancelled:—
“The rates for re-enlisted men are:—
“For under two years re-enlisted service, £2. Afterwards free.”
At the end of the Regulation add:—
“Except in time of war, a re-enlisted soldier of the Permanent Forces shall be entitled, upon the expiration of three months’ notice given in writing to his Commanding Officer, to be granted a free discharge before the expiration of the period of service for which he has re-enlisted, and subject to paying the unexpired value of his uniform and kit.
“In special cases, to be determined by the Commanding Officer, the three months’ notice of intention to claim discharge may be either waived or reduced.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.378.—Price 3d.
Overview
The Statutory Rules of 1909, Number 8, details the Provisional Regulations under the Defence Acts 1903-1904, enacted to address the need for immediate operational regulations concerning the military forces of the Commonwealth of Australia. This legislative instrument was certified by the Governor-General in accordance with advice from the Federal Executive Council, emphasising the urgency of the regulations. The policy objective, while not explicitly stated in the text, is inferred to ensure that the military forces are managed effectively, particularly in terms of re-enlistment and discharge conditions for soldiers within the Permanent Forces, adapting to peacetime and wartime requirements. The regulations specifically focus on modifying discharge procedures for re-enlisted soldiers, granting them the right to a free discharge upon written notice, except during wartime, while allowing for flexibility in notice periods in special cases as determined by the Commanding Officer.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, as certified by the Governor-General in Council, apply to re-enlisted soldiers within the Military Forces of the Commonwealth, providing specific terms and conditions for their discharge. These regulations concern the financial and administrative aspects of re-enlisted service, particularly focusing on the entitlement of soldiers to be granted a free discharge under certain conditions. The application of these regulations is limited to re-enlisted soldiers who have served under two years and are members of the Permanent Forces, with exceptions potentially made by Commanding Officers in special circumstances. The regulations do not apply to soldiers during times of war, thereby excluding such periods from the scope of the provisions outlined. Additionally, the regulations clarify that soldiers must pay the unexpired value of their uniform and kit upon discharge, thereby setting forth a financial requirement that must be met by the soldier. The regulations extend to the entire Commonwealth, as they are issued under the authority of the Commonwealth Government, ensuring a consistent application across all relevant military forces.
Key Provisions
The main operative sections of this Provisional Regulation under the Defence Acts 1903-1904 include Regulation 185, which modifies the conditions under which re-enlisted soldiers of the Permanent Forces may be granted a free discharge (Reg. 185). This regulation stipulates that a soldier must provide a written notice of three months to their Commanding Officer to be eligible for a free discharge, except in times of war (Reg. 185). Additionally, the regulation allows for the Commanding Officer to waive or reduce the three-month notice period in special circumstances (Reg. 185).
Under these regulations, soldiers of the Permanent Forces have specific obligations. Primarily, they must give a written notice of three months to their Commanding Officer if they wish to be granted a free discharge, unless they are in wartime, in which case this notice period does not apply (Reg. 185). Moreover, soldiers must be prepared to pay the unexpired value of their uniform and kit upon discharge (Reg. 185). The Commanding Officer holds the authority to determine whether the three-month notice period can be waived or reduced in certain exceptional cases (Reg. 185).
Failure to comply with the provisions of this regulation could lead to various consequences. While the regulation does not explicitly state offences or penalties for non-compliance, the non-adherence to the specified procedures for discharge could result in administrative or disciplinary actions as deemed appropriate by the military hierarchy. The regulation’s primary focus is on outlining the conditions under which a soldier can be granted a free discharge, and any deviation from these conditions might be treated as a breach of military protocol.