statutory rules.
1913. No. 168.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Enlistment—New Regulation—167.
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 1903–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this seventeenth day of June, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Addition.
Enlistment.
Insert new Regulation—
“167. Boys between the ages of fourteen and seventeen years may be enlisted in the Permanent Forces for service as musicians, trumpeters, and buglers, subject to being passed as medically fit, and their probable physical fitness under Regulation 165 on reaching the age of eighteen years.
Boys so enlisted shall be entitled to a free discharge on the date on which they attain the age of eighteen years, or within a period of three months after such date, provided that they give to their Commanding Officer, beforehand, not less than one month’s notice, in writing, of their intention to claim their discharge under this Regulation.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8293.—Price 3d.
Overview
The Statutory Rules 1913 No. 168, titled "Regulations (Provisional) for the Military Forces of the Commonwealth," was enacted in 1913 to address an urgent need for additional personnel within the Commonwealth's military forces. This Provisional Regulation was introduced under the Defence Act 1903–1912 to allow for the immediate enlistment of boys aged between fourteen and seventeen years into the Permanent Forces. The Governor-General in Council certified the regulation due to its urgency, allowing it to come into immediate operation. The regulation provides a mechanism for the enlistment of young boys as musicians, trumpeters, and buglers, provided they meet the medical fitness criteria and are expected to maintain their physical fitness upon reaching the age of eighteen. This regulation also stipulates that these boys are entitled to a free discharge upon reaching eighteen years of age or within three months thereafter, provided they give adequate notice to their Commanding Officer.
The policy objective behind these regulations was to bolster the ranks of the military forces during a period of heightened demand, ensuring that the Commonwealth had the necessary personnel to meet its defence needs. The enactment of these Provisional Regulations reflects a pragmatic approach to addressing the immediate requirements of the military during a critical time, balancing the need for additional personnel with considerations for the welfare and future prospects of the young enlistees.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912 pertain specifically to the enlistment of boys aged between fourteen and seventeen years into the Permanent Forces of the Commonwealth. This regulation allows for the enlistment of such minors in specific roles, namely musicians, trumpeters, and buglers, provided they are deemed medically fit and their physical fitness is likely to be satisfactory upon reaching the age of eighteen, as per Regulation 165. These boys are entitled to a free discharge upon reaching the age of eighteen or within three months thereafter, contingent upon providing their Commanding Officer with at least one month’s written notice of their intent to claim this discharge. This regulation applies to the Commonwealth of Australia and is implemented with immediate effect as a provisional measure, reflecting the urgency of the circumstances necessitating such enlistments.
Key Provisions
The Provisional Regulations under the Defence Act 1903–1912, particularly Regulation 167, address the enlistment of boys aged between fourteen and seventeen years old in the Permanent Forces (Regulation 167). These boys may be enlisted as musicians, trumpeters, or buglers, provided they are medically fit and their physical fitness is likely to be adequate upon reaching the age of eighteen (Regulation 165). These young enlistees will receive a free discharge when they turn eighteen or within three months after that age, as long as they notify their Commanding Officer in writing of their intention to claim discharge at least one month prior to their eighteenth birthday (Regulation 167).
The obligations under these regulations primarily concern the military authorities and the young enlistees themselves. The military authorities must ensure that boys enlisted are medically fit and assess their probable physical fitness upon reaching the age of eighteen. They must also facilitate the process of discharge for those who meet the age and notice requirements. The young enlistees, on the other hand, are obligated to inform their Commanding Officer in writing of their intention to claim discharge before they turn eighteen.
There are no specific offences or penalties mentioned in the Regulation 167 for failure to comply with the discharge provisions. However, the overarching Defence Act 1903–1912 does provide for various offences and penalties. For example, under Section 66, any person who, without lawful authority, enlists in the Defence Force or who impersonates a member of the Defence Force commits an offence, which could result in imprisonment for up to five years. Similarly, under Section 87, any person who wilfully disobeys a lawful command of an officer is liable to imprisonment for up to two years. These provisions indicate the serious nature of the Defence Force regulations and the importance of compliance with them.