STATUTORY RULES.
1909. No. 98.
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 20th day of August, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendments.
Regulation 18—
Delete “Military Staff Clerks, 1st class.”
Regulations 141 and 144—
All reference to Military Staff Clerks is cancelled.
Regulation 160—
Sub-paragraph (f) is cancelled.
Regulation 161 is cancelled and the following substituted:—
Military Staff Clerks will be classified for rank and precedence as follows:—
Class. | Salary. | Rank. |
III........... | £110 and less................. | Corporal |
| Above £110 and less than £130..... | Sergeant |
| Above £130 and less than £160..... | Company Sergeant Major |
| £160 to £180................. | Regimental Quartermaster Sergeant |
II............ | £185 to £285................. | Warrant Officer |
I............ | £310 and less than £360.......... | Honorary rank of Lieutenant |
| £360 to £400................. | Honorary rank of Captain |
Regulation 163 is cancelled.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.9567—Price 3d.
Overview
The Provisional Regulations under the Defence Acts 1903–1904, issued on 20 August 1909, were introduced by the Governor-General to address the urgent need to update and streamline the military administrative structure of the Commonwealth. Enacted as Statutory Rule No. 98, these regulations aimed to refine the classification and remuneration of military staff clerks within the military forces of the Commonwealth. This legislative instrument was issued under the authority of the Governor-General, with advice from the Federal Executive Council, in recognition of the pressing requirements to reorganise and classify the military staff more effectively. The overarching policy objective was to ensure that the military hierarchy was both well-structured and equitable, thereby enhancing the overall efficiency and functionality of the defence forces.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904 apply to the military forces of the Commonwealth, specifically addressing the classification, rank, and precedence of Military Staff Clerks. These regulations aim to establish a clear framework for the remuneration and hierarchical structure within the military staff, ensuring that each level of employment is appropriately recognised and compensated. The application of these regulations is geographically and jurisdictionally confined to the Commonwealth, ensuring uniformity and adherence to the national standards of military administration. Notably, these regulations are designed to come into immediate operation due to the urgency of the circumstances, as certified by the Governor-General on the advice of the Federal Executive Council. Additionally, the regulations amend previous classifications and salaries, abolishing certain positions and restructuring the salary brackets for Military Staff Clerks, thereby directly impacting their rank and precedence within the military hierarchy.
Key Provisions
The key operative sections of these Provisional Regulations under the Defence Acts 1903–1904 primarily focus on amendments to the classification and rank of Military Staff Clerks. Regulation 18 deletes the term "Military Staff Clerks, 1st class" and cancels all references to Military Staff Clerks in regulations 141 and 144 (Regulations 18, 141, 144). Further, Regulation 160 cancels sub-paragraph (f) and Regulation 163 is entirely cancelled (Regulation 160, 163). In place of the cancelled regulations, Regulation 161 introduces a new classification system for Military Staff Clerks, categorising them based on salary into various ranks from Corporal to Honorary rank of Captain (Regulation 161).
These regulations impose specific obligations and requirements on Military Staff Clerks by establishing a new salary-based ranking system. Clerks are now classified according to their salary, which directly determines their rank and precedence. For instance, a Clerk earning £110 or less is classified as a Corporal, while those earning between £185 and £285 are designated as Warrant Officers (Regulation 161). The regulations also nullify previous references to Military Staff Clerks and specific sub-paragraphs, ensuring that the new classification system is the sole determinant of rank and precedence (Regulations 18, 141, 144, 160, 163).
The Provisional Regulations do not explicitly state offences, penalties, or consequences for breaches of the new classification system. However, any non-compliance with these regulations could potentially be addressed under the Defence Acts 1903–1904, which might include disciplinary actions or other administrative penalties. Given the provisional nature of these regulations, it is likely that any breach would be managed internally within the military framework, with potential recourse to broader legal sanctions if deemed necessary by the governing authorities (Regulations 18, 141, 144, 160, 163).