STATUTORY RULES.
1912. No. 209.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Amendment to C. M. Regulations 68, 70, 74 and 76.
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 operation on and from the 1st January, 1913, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this twenty-third day of October, 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.
Amendments.
Appointments to First Commissions in the Royal Australian Artillery and Royal Australian Engineers.
In Regulation 68.—First sub-paragraph (a)—
For “Militia and Volunteer Forces,”
Insert “Citizen Forces.”
For “To be eligible for appointment in the Royal Australian Engineers a candidate must be between the ages of 20 and 30 years,”
Insert “To be eligible for appointment to the Royal Australian Engineers a candidate must be between the ages of 20 and 30 years, except in the case of first appointment to the Works Branch or Survey Section.”
Regulation 70 to be amended to read—
70.—First appointment will be made to the rank of Second Lieutenant.”
C.14529.—Price 3d.
Appointment of Officers to the Administrative and Instructional Staff.
In Regulation 74.—Sub-paragraph (a)—
For “Militia and Volunteer Forces”
Insert “Citizen Forces.”
For “between the ages of 22 and 35 years.”
Insert “between the ages of 20 and 35 years.”
sub-paragraph (b)—
For “between the ages of 22 and 35 years,”
Insert “between the ages of 20 and 35 years.”
sub-paragraph (c)—
For “between the ages of 22 and 40 years,”
Insert “between the ages of 20 and 40 years.”
Cancel sub-paragraph (d) and substitute therefor:—
(d) Ex-members of the Imperial Regular Army and of the Permanent Forces of Australia, provided they are between the ages of 20 and 35 years at the date of holding the educational examination.
Add new sub-paragraph:—
(e) Other candidates provided they are between the ages of 22 and 30 years at the date of holding the educational examination.
In Regulation 76:—
For “First appointment will be made to the rank of Lieutenant,”
Insert “First appointment will be made to the rank of Second Lieutenant.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
Overview
Statutory Rules 1912 No. 209, titled "Provisional Regulations under the Defence Act 1903-1912," was enacted to amend certain regulations concerning the appointments and qualifications for officers within the military forces of Australia. This legislative instrument was introduced to address the urgent need for adjustments to the eligibility criteria and rank appointments for officers in the Citizen Forces, particularly within the Royal Australian Artillery and Royal Australian Engineers. The regulations were issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, due to the urgency of the matter. The policy objective, as implied, was to swiftly update and refine the administrative and structural components of the military forces to better align with the evolving needs of the nation’s defence framework.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, as amended, apply specifically to the military forces of the Commonwealth, particularly concerning appointments to the Citizen Forces, including the Royal Australian Artillery and Royal Australian Engineers. These regulations govern the eligibility criteria for appointments, including the age requirements for candidates. The scope of these regulations is confined to the military sector within the Commonwealth, as indicated by their focus on the Citizen Forces and specific military branches. The regulations adjust the age eligibility criteria for certain positions, altering the minimum and maximum age limits for appointments and specifying conditions for different branches and roles within the military. These amendments do not explicitly state any exclusions, exemptions, or thresholds beyond the specified age requirements for various military appointments. The regulations are established as provisional and are subject to further amendment through subordinate instruments, reflecting the evolving needs of the military structure.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Act 1903-1912, particularly in Regulations 68, 70, 74, and 76, amend the criteria for appointments to the Royal Australian Artillery, Royal Australian Engineers, and the Administrative and Instructional Staff. Regulation 68 now requires candidates for the Royal Australian Engineers to be between 20 and 30 years of age, with an exception for first appointments to the Works Branch or Survey Section. Regulation 70 mandates that the first appointment to these positions will be to the rank of Second Lieutenant. Regulation 74 modifies the age eligibility criteria for candidates, lowering the minimum age to 20 years for various categories, including ex-members of the Imperial Regular Army and other candidates, with certain upper age limits still in place. Regulation 76 specifies that the first appointment to the Administrative and Instructional Staff will also be to the rank of Second Lieutenant.
These regulations impose specific age and rank criteria on those applying for appointments within the Citizen Forces. For instance, individuals seeking to join the Royal Australian Engineers must now fall within the age range of 20 to 30 years, except for specific branches. Similarly, candidates for the Administrative and Instructional Staff must meet revised age requirements, with a general lowering of the minimum age to 20 years for most categories, while maintaining certain upper age limits. Furthermore, the rank of Second Lieutenant is specified as the entry-level rank for these appointments.
Failure to comply with these regulations could result in the disqualification of candidates who do not meet the specified age criteria or who are appointed to the wrong rank. Although the statutory rules do not explicitly outline penalties for non-compliance, breaches of such Defence Act provisions could potentially lead to disciplinary actions or other consequences under the Defence Act 1903-1912. The maximum penalties for breaches would be determined by the overarching Defence Act and any other relevant legislation.