STATUTORY RULES.
1911. No. 54.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
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 1903-1910 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this third day of April, One thousand nine hundred and eleven.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Addition.
At end of Regulation 458, add—
“No application for restoration of service forfeited by desertion will be considered unless such application is accompanied by a certificate that payment has been made for all articles of kit and clothing found to be deficient on the first day of absence without leave, resulting in desertion.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.4726.—Price 3d.
Overview
The Statutory Rules 1911 No. 54, titled "Provisional Regulations under the Defence Act 1903-1910," was enacted to address urgent administrative needs within the military forces of the Commonwealth of Australia. This legislative instrument was issued under the authority of the Governor-General, acting with the advice of the Federal Executive Council, in recognition of the immediate operational requirements necessitated by the Defence Act 1903-1910. The Provisional Regulations, which were implemented to come into immediate operation, aim to streamline and reinforce military discipline, particularly concerning the restoration of service forfeited by desertion. Specifically, these regulations require that any application for such restoration be accompanied by proof of payment for any deficient kit and clothing, thereby ensuring accountability and deterring desertion. This legislative action underscores the need for rapid and effective measures to maintain the integrity and efficiency of the military forces.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1910 pertain to the military forces of the Commonwealth of Australia, applying to personnel within these forces. These regulations govern various aspects of military conduct and administrative procedures, with a specific focus on the restoration of service for individuals who have deserted. The regulations establish a mandatory requirement that any application for the restoration of service forfeited by desertion must be accompanied by a certificate confirming payment for any items of kit and clothing found deficient on the first day of absence without leave. This regulation aims to ensure accountability and proper management of military resources within the Commonwealth's armed forces. The geographic scope of these regulations is limited to the Commonwealth of Australia, and they apply to all military personnel and associated conduct within the jurisdiction of the Defence Act 1903-1910. While the primary focus is on military personnel, the regulation indirectly affects entities responsible for the provision and management of military kit and clothing. The regulations do not explicitly mention any exclusions or exemptions, implying that the provisions apply uniformly across the specified military personnel. The application of these regulations is further extended and potentially modified through subordinate instruments, which may provide additional guidelines or exceptions in specific circumstances.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903-1910, as highlighted in Statutory Rules 1911 No. 54, include the addition of a new rule at the end of Regulation 458 (Regulation 458A). This new regulation stipulates that any application for the restoration of service forfeited due to desertion will only be considered if it is accompanied by a certificate proving that payment has been made for all articles of kit and clothing that were found to be deficient on the first day of absence without leave, which led to the desertion. This ensures that service members who have deserted are accountable for their missing equipment and pay it back before any consideration for reinstatement is made.
The Act imposes specific obligations on military personnel who have deserted and are seeking reinstatement. According to Regulation 458A, they must provide a certificate to accompany their application for the restoration of service. This certificate must verify that all financial obligations for any missing kit and clothing have been settled. Failure to provide this certificate means the application will not be considered, reinforcing the necessity for accountability and responsibility among the military forces.
Breach of these regulations can lead to serious consequences. Although the text does not explicitly state the penalties for non-compliance, it can be inferred that not adhering to the requirement of providing a certificate for payment of missing kit and clothing could result in the application for reinstatement being dismissed. This dismissal can have significant implications for the service member's career and standing within the military forces. While the specific legal or administrative penalties are not outlined in the text, it is clear that compliance with these regulations is crucial for any deserter seeking to return to service.