STATUTORY RULES.
1912. No. 132.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Amendment to Commonwealth Military Regulation 81.
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 1903-1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this third day of July, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 81 is cancelled, and the following substituted therefor:—
81. “Officers eligible for the above distinction must, during their tenure of office, be on the Active List or the Reserve of Officers, and not below the rank of Major, provided, however, that any officer who is holding an appointment, or who for any reason has not yet completed the term of five years in this appointment on the date on which this amendment comes into operation, and is affected thereby, will be permitted to complete the tenure of such appointment.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.8110.—Price 3d.
Overview
Statutory Rules 1912 No. 132, enacted in 1912, represents a provisional regulation under the Defence Act 1903-1911, addressing the need to update and clarify the eligibility criteria for officers seeking distinctions within the military forces of the Commonwealth. The regulation was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council due to the urgency of the matter, thereby establishing its immediate effect as a Provisional Regulation. The primary objective, as outlined in the text, is to amend the existing regulations concerning the eligibility criteria for officers who aspire to receive distinctions, ensuring that they must be on the Active List or Reserve of Officers and not below the rank of Major, with specific provisions for those already holding appointments or not yet completing their required tenure. This legislative instrument underscores the commitment to maintaining the operational effectiveness and honour within the military structure.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1911 pertain to the eligibility criteria for officers within the military forces of the Commonwealth to be considered for specific distinctions. This legislation applies to officers who are either on the Active List or the Reserve of Officers and must not be below the rank of Major. The scope of the Act encompasses officers who are already holding an appointment or those who, for various reasons, have not yet fulfilled the requirement of five years in their appointment by the time this amendment takes effect. Such officers are granted permission to complete their tenure of the appointment, thus ensuring continuity and fairness in the application of the regulations. The Act operates within the jurisdictional reach of the Commonwealth of Australia, indicating its national application across all states and territories under federal governance. The Act does not explicitly state any exclusions, exemptions, or thresholds other than the rank and tenure requirements outlined. Through this Provisional Regulation, the application of the original Commonwealth Military Regulation 81 is effectively extended and modified, thereby providing a temporary framework until more permanent regulations are established.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903-1911 (section 1) provide an amendment to Regulation 81. This amendment specifies the eligibility criteria for officers to be considered for certain distinctions. According to the new Regulation 81, officers must be on the Active List or the Reserve of Officers and not below the rank of Major to be eligible (section 1). Additionally, the regulation allows officers who are currently holding an appointment or have not yet completed their five-year term in their appointment by the date the amendment comes into operation to complete their tenure (section 1).
The obligations and requirements imposed by this Act on the parties or entities it governs are centred on maintaining the eligibility criteria for officers seeking distinctions. Officers who are on the Active List or the Reserve of Officers and have attained the rank of Major are to be considered for such distinctions (section 1). Furthermore, officers who are currently holding an appointment or have not completed their five-year term in their appointment by the effective date of the amendment are granted the opportunity to finish their term (section 1). This ensures that the officers who are in the process of completing their term or holding a particular appointment are not unfairly disadvantaged by the new regulations.
The Provisional Regulations under the Defence Act 1903-1911 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any breaches of the regulations would likely be dealt with under the Defence Act 1903-1911 or other relevant military legislation. It is important to note that the maximum penalties for breaches of military regulations may vary depending on the severity of the offence and the specific regulations that have been contravened. In general, penalties for breaches of military regulations can range from reprimands or fines to more severe consequences such as dismissal from service or imprisonment, depending on the nature and gravity of the offence.