STATUTORY RULES.
1911. No. 131.
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 further should be taken to have come into operation on and from the 1st day of March, 1911, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this sixth day of September, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
The Council of Defence.
Amendment.
Regulation 1, in second paragraph, for the term “Director of the Naval Forces” substitute “First Naval Member.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.11860.—Price 3d.
Overview
The Statutory Rules 1911 No. 131, Provisional Regulations under the Defence Act 1903-1910, was enacted to address the urgent need for regulatory amendments to the military forces of the Commonwealth. The Provisional Regulations were introduced to provide immediate operational guidelines and ensure continuity in the administration of the defence forces during a period of transition. This legislative instrument was issued by the Governor-General in Council, acting with the advice of the Federal Executive Council, to expedite the implementation of necessary changes. The aim was to provide provisional regulatory measures that would take effect immediately, reflecting the pressing need to adapt the existing framework in line with the evolving requirements of the military forces.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1910 apply to the military forces of the Commonwealth and encompass various aspects of their organisation, command, and operations. These regulations, certified by the Governor-General on the advice of the Federal Executive Council, are designed to provide immediate effect for urgent matters related to the defence of the Commonwealth. The regulations are effective from 1st March 1911 and include an amendment to Regulation 1, substituting the term "Director of the Naval Forces" with "First Naval Member." This substitution likely reflects changes in the organisational structure of the naval forces, ensuring that the regulations align with the current administrative titles and responsibilities. The regulations extend to all entities and individuals involved in the Commonwealth's military forces, thereby affecting their conduct and operational transactions. The jurisdictional reach of these regulations is confined to the Commonwealth, impacting military operations and administration at a national level. Any exclusions, exemptions, or specific thresholds are not explicitly stated in the statutory rules provided. Furthermore, while the regulations themselves are binding, they are subject to potential amendments or extensions through subordinate instruments issued under the authority of the Defence Act.
Key Provisions
The main operative sections of these Provisional Regulations, which are framed under the Defence Act 1903–1910, include amendments to the existing military force regulations. Specifically, Regulation 1 amends the second paragraph by substituting the term "Director of the Naval Forces" with "First Naval Member" (Reg. 1). This change appears to be a restructuring within the naval command hierarchy, providing clarity and specificity regarding the roles and responsibilities of naval personnel.
These Regulations impose obligations and requirements on the military forces of the Commonwealth. By replacing the term "Director of the Naval Forces" with "First Naval Member," the Regulations mandate that any references to the former must now refer to the latter. This ensures that all military communications, documents, and operations reflect the updated title, thereby maintaining consistency and accuracy in the chain of command. Furthermore, this change likely affects the reporting structure and operational protocols within the naval forces, requiring adjustments in how orders are issued and received.
In terms of offences and penalties, these Provisional Regulations do not explicitly outline specific penalties for non-compliance. However, the overarching Defence Act 1903–1910 may provide a framework for addressing breaches of military regulations. Generally, under the Defence Act, disobedience to lawful commands, failure to perform duties, or other forms of misconduct could result in disciplinary action, which may include fines, imprisonment, or other punitive measures as deemed appropriate by military authorities. The exact penalties would depend on the severity of the offence and the specific provisions of the Defence Act.
The consequences of breaching these Regulations could extend to both civil and criminal realms, depending on the nature and impact of the non-compliance. For instance, if the failure to adhere to the new title affects the operational effectiveness of naval forces, it could potentially lead to charges under military law, resulting in court-martial proceedings. Civil consequences might include administrative penalties or sanctions imposed by the military hierarchy. Given the urgency of these Provisional Regulations, it is clear that adherence to these changes is critical to maintaining the efficiency and effectiveness of the Commonwealth’s military forces.