Military Forces of the Commonwealth Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1911 No. 36, titled "Provisional Regulations under the Defence Act 1903-1910," was introduced by the Governor-General in the context of urgency, with advice from the Federal Executive Council, to address immediate needs concerning the military forces of the Commonwealth. Enacted in 1911, these provisional regulations were necessitated by the Defence Act 1903-1910, aimed at providing a temporary legal framework until a more permanent legislative solution could be established. The regulation focuses on ensuring that additional telephone services at military ranges, which exceed approved levels, are maintained in repair but not renewed. This measure was designed to address specific operational needs while awaiting the formal legislative process.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1910 apply to the military forces of the Commonwealth and pertain to the maintenance and management of telephone services at military ranges. Specifically, the regulation modifies existing provisions to ensure that while telephones installed at military ranges are to be kept in repair, any additional service exceeding the approved limit for military ranges shall not be subject to renewal. The application of these regulations is confined to the Commonwealth of Australia, establishing a clear jurisdictional reach within the federal legislative framework. This legislative instrument was enacted to address an immediate need, reflecting the urgency in its certification by the Governor-General and the Federal Executive Council. The regulations do not specify any exclusions, exemptions, or thresholds, but they are intended to apply broadly to all relevant military installations within the Commonwealth. The application and interpretation of these regulations may be further detailed or extended through subordinate instruments, as permitted under the Defence Act 1903-1910.

Key Provisions

The main operative sections of these Provisional Regulations under the Defence Act 1903-1910 (section 1) include Regulation 540 B, which pertains to the maintenance and repair of telephones installed at military ranges. The regulation specifies that telephones installed at military ranges must be kept in repair, but if there are additional telephones beyond the approved service for military purposes, these additional services shall not be renewed (section 2). The regulations come into immediate effect, underscoring the urgency of their implementation (section 1). These Provisional Regulations impose specific obligations on the parties or entities they govern, primarily concerning the maintenance of telephone services at military ranges. The regulations require that all telephones at military ranges be kept in working condition. However, any additional telephone services beyond what is approved for military use must be maintained but not renewed. This distinction is crucial for ensuring that military communications remain functional without unnecessary expenditure on non-essential services (section 2). Failure to comply with these regulations can lead to consequences, although specific penalties are not detailed in the statutory rules. The regulations, being provisional and of urgent nature, imply that non-compliance could result in administrative or disciplinary actions as deemed appropriate by the authorities under the Defence Act 1903-1910. The exact penalties for breaches would be determined by the relevant military or governmental bodies in accordance with existing laws and regulations (section 3).