STATUTORY RULES.
1906. No. 124.
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 Act 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 28th day of December, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
T. PLAYFORD.
Commonwealth Military Regulations.
Age for Retirement.
Paragraph 128.
For—
“Warrant Officer and Military Staff Clerks,”
Read—
“Warrant Officers, Military Staff Clerks, Armament Artificers, Assistant Armament Artificers and other Ordnance Department Artificers.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.13918.—Price 3d.
Overview
The Statutory Rules 1906, No. 124, titled "Provisional Regulations under the Defence Acts 1903–1904," were introduced by the Governor-General in Council, acting with urgency to address immediate needs related to military regulations. Enacted in 1906, these provisional regulations aimed to swiftly adapt and enhance the operational readiness of the military by modifying existing provisions to include additional categories of personnel within the age and service requirements for retirement. The urgency of the regulations underscores the policy objective to ensure that military preparedness is maintained without delay, reflecting the legislative intent to support national defence effectively.
The enacting body, the Governor-General in Council, utilised the authority granted under the Defence Act 1903–1904 to implement these provisional measures, highlighting the importance of timely legislative action in defence matters. The regulations serve to illustrate the evolving nature of military administration and the need for adaptable frameworks to address emerging requirements in the defence sector.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1904, which were enacted with urgency and came into operation immediately upon certification by the Governor-General, extend their application to a variety of personnel within the Defence Force. Specifically, these regulations pertain to Warrant Officers, Military Staff Clerks, Armament Artificers, Assistant Armament Artificers, and other Ordnance Department Artificers. This implies that the Act applies to these categories of military personnel, establishing rules and conditions that govern their service, retirement, and associated procedures. The regulations are of a Commonwealth nature, impacting all relevant military personnel across Australia as a whole. There are no specific exclusions or thresholds stated in the excerpt, but the expansive nature of the categories suggests a broad application within the specified roles. Additionally, the use of subordinate instruments might further refine or extend the application of these regulations, providing necessary flexibility in addressing specific circumstances or emerging requirements within the Defence Force.
Key Provisions
The Provisional Regulations under the Defence Act 1903–1904, as certified by the Governor-General, introduce several key amendments primarily to the age of retirement for various categories of personnel within the Defence Force. Section 128, for example, modifies the definition of "Warrant Officer and Military Staff Clerks" to include a broader range of roles such as Armament Artificers, Assistant Armament Artificers, and other Ordnance Department Artificers (section 128). This change signifies a broadening of the scope of personnel affected by retirement age policies.
The regulations impose specific obligations on these categories of personnel, ensuring that they adhere to the new age-related retirement provisions. These obligations are designed to streamline the process of retirement within the Defence Force and ensure consistency across different roles. Personnel covered by the new definitions must comply with the retirement age stipulated in the regulations, which now includes a wider array of positions within the Ordnance Department.
Failure to comply with these provisions may result in certain consequences. While the regulations do not explicitly detail the penalties for non-compliance, it can be inferred that breaches of these obligations could lead to disciplinary actions within the Defence Force. The Defence Act 1903–1904, under which these regulations operate, typically includes provisions for disciplinary measures and potential legal consequences for those who do not adhere to the mandated requirements. The specific penalties would be determined by the Defence Force’s internal disciplinary procedures and could range from formal warnings to more severe actions, depending on the nature and severity of the breach.