STATUTORY RULES.
1912. No. 112.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1911.
Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 475—Amendment.
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 further, should be taken to have come into operation on and from the 20th day of February, 1912, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this sixth day of June, 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 475—After “at least twenty years’ service” in the sixth and seventh lines, insert—“on reaching the age for retirement, or on account of being certified as medically unfit for further service.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.7366.—Price 3d.
Overview
The Statutory Rules of 1912, specifically No. 112, introduced provisional regulations under the Defence Act 1903-1911, marking a significant legislative amendment concerning the military forces of the Commonwealth. This legislative instrument was enacted with urgency to address immediate operational needs within the military, reflecting a gap in the existing provisions of the Defence Act. The Governor-General, acting with the advice of the Federal Executive Council, certified the urgency and immediate effect of these provisional regulations, which were to take effect from 20 February 1912. This legislative action aimed to enhance the flexibility and responsiveness of military regulations, ensuring they could adapt to evolving circumstances while maintaining the integrity and effectiveness of the Commonwealth's defence apparatus.
Scope and Application
This statutory instrument amends Regulation 475 of the Defence Act 1903-1911, applying specifically to the Military Forces of the Commonwealth. The amendment pertains to the service conditions of personnel within these forces, altering the criteria for retirement to include both reaching the age for retirement and being certified as medically unfit for further service, in addition to the previously required condition of at least twenty years' service. The Regulation applies to all military personnel who are members of the Commonwealth's military forces, ensuring that the updated retirement provisions are uniformly applicable across the defence sector. The jurisdictional reach of this legislation is nationwide, as it pertains to the federal military forces of Australia, thereby extending across all states and territories of the Commonwealth. The amendment is provisional, designed to come into immediate effect to address pressing needs without waiting for formal legislative processes, thereby underscoring the urgency and significance of the changes being introduced.
Key Provisions
The main operative section of the Statutory Rules, specifically Regulation 475, amends the criteria for service in the Military Forces of the Commonwealth. According to Regulation 475, the previous requirement that a service member must have served "at least twenty years' service" has been modified to include additional conditions. Now, service in the military can be terminated "on reaching the age for retirement, or on account of being certified as medically unfit for further service" (Reg 475). This change expands the circumstances under which a military member's service can conclude, thereby offering more flexibility and consideration for individual circumstances.
The Act imposes specific obligations on the military forces and the governing authorities. It requires that service members be allowed to retire at the age set for retirement and that any member certified as medically unfit for further service be duly recognised and accommodated. The Act ensures that these changes are implemented promptly and that the new provisions are enforced effectively from the date of the regulation’s enactment (Reg 475). These obligations underscore the commitment to fair and humane treatment of military personnel, reflecting changes in military policy and personnel management.
Breaches of the provisions set out in the Statutory Rules may lead to various consequences. Although the specific offences and penalties are not detailed in the provided excerpt, breaches of military regulations typically entail disciplinary actions, which can range from formal reprimands to discharge from service. Under the Defence Act 1903-1911, failure to adhere to the amended regulations could result in administrative penalties, as well as potential civil or criminal liabilities, depending on the nature and severity of the breach. The maximum penalties, however, are not explicitly stated in the excerpt provided.
The new regulation emphasises the importance of recognising and accommodating the needs of military personnel who reach retirement age or are medically unfit for further service. This legislative change reflects a broader policy shift towards supporting military members throughout their careers and ensuring that their service is honoured and respected. The Act's focus on humane and considerate retirement practices is a testament to the evolving standards of military personnel management.