STATUTORY RULES.
1913. No. 105.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to Regulations for the Military Forces of the Commonwealth—390 and 393.
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 1903-1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-third day of April, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. A ROBERTS.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Regulation 390.—Delete paragraph (1) and substitute—
(1) “Detention barracks are intended for the confinement of soldiers summarily awarded detention by Commanding Officers, for carrying into effect sentences of imprisonment or detention by court-martial or civil courts, and for the detention of persons committed to the custody of the prescribed authority by a civil court under Section 135 of the Act.”
At the end of Regulation 393, after the word “prison,” add—
“In the case of the commitment of a soldier to a public prison or detention barracks by order of a civil court, the order of commitment will be signed according to the usual procedure adopted by such court for the commitment of persons sentenced to imprisonment.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C4712.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1912, established in 1913, were introduced to address the urgent need for amendments to the existing military regulations concerning the confinement and sentencing of soldiers. The Defence Act 1903-1912 was enacted by the Commonwealth Parliament to provide for the regulation and administration of the military forces. The policy objective behind these provisional regulations was to ensure the effective management and control of soldiers who were to be detained, either through summary orders by Commanding Officers, court-martial or civil court sentences, or civil court commitments. The regulations were signed into effect by the Governor-General on behalf of the Commonwealth of Australia, underscoring the urgency and importance of these amendments.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically amending Regulations 390 and 393, apply to the confinement of soldiers within detention barracks, which are intended for the custody of soldiers who have been awarded detention by Commanding Officers, those serving sentences of imprisonment or detention by court-martial or civil courts, and persons committed to custody by a civil court under Section 135 of the Act. This legislation pertains to military personnel and is applicable across the Commonwealth of Australia, extending its jurisdictional reach to federal military forces. The regulations clarify the conditions under which soldiers may be detained and specify the procedures for committing soldiers to public prisons or detention barracks by order of a civil court, ensuring these processes align with the usual practices of civil courts in sentencing individuals to imprisonment. This statutory rule is designed to maintain the orderly operation and discipline within the military forces of the Commonwealth.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903-1912 (C1913L00105) concern the amendment of existing regulations governing the military forces of the Commonwealth. Regulation 390 now explicitly states that detention barracks are intended for the confinement of soldiers who have been summarily awarded detention by their Commanding Officers, for carrying out sentences of imprisonment or detention by court-martial or civil courts, and for detaining persons committed to custody by a civil court under Section 135 of the Act. Additionally, Regulation 393 has been amended to include a procedure for the commitment of a soldier to a public prison or detention barracks by order of a civil court, specifying that such an order must be signed according to the usual procedures adopted by the court for committing persons sentenced to imprisonment.
These regulations impose specific obligations on the military forces and other relevant authorities. For instance, Commanding Officers are required to follow the prescribed procedures when awarding detention to soldiers, ensuring that such actions are carried out in line with the law. Similarly, civil courts must adhere to their standard procedures when committing soldiers to public prisons or detention barracks. The regulations also mandate that the prescribed authority must ensure that soldiers are properly detained in accordance with the law, whether the detention is a result of a court-martial, a civil court order, or a summary award by a Commanding Officer.
Breaches of these regulations may have legal consequences. Although the statutory rules themselves do not specify particular offences or penalties, the overarching Defence Act 1903-1912 and other relevant laws may impose penalties for non-compliance. These could include fines, imprisonment, or other sanctions as prescribed by the relevant legislation. The severity of these penalties would depend on the nature of the breach and the specific provisions of the Defence Act or other applicable laws. For example, failure to properly detain a soldier in accordance with a court order could result in charges under the Defence Act, potentially leading to criminal charges and penalties.