STATUTORY RULES.
1909. No. 144.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
I, THE ADMINISTRATOR OF THE GOVERNMENT of 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 Acts 1903-1904 should come into immediate operation, and, further, should be taken to have come into operation as from the 1st July, 1909, inclusive, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this 21st day of December, One thousand nine hundred and nine.
CHELMSFORD,
Administrator of the Government of the Commonwealth.
By His Excellency’s Command,
JOSEPH COOK.
REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation No. 298 (2).—Eliminate the words “which are not inflicted to make good any loss or damage or for the unexpired value of uniform.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.16775.—Price 3d.
Overview
The Statutory Rules 1909, No. 144, Provisional Regulations under the Defence Acts 1903-1904, were enacted in 1909 to address urgent needs in the administration of the military forces of the Commonwealth of Australia. This legislative instrument was issued under the authority of the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it was certified to have come into immediate operation as of 1 July 1909. These regulations were designed to provide provisional measures that would ensure the smooth operation of military forces pending the establishment of more permanent legislative frameworks. The policy objective behind these regulations was to establish necessary administrative and operational protocols for the military forces, addressing immediate needs without delay, thus ensuring that the Commonwealth could effectively manage its defence obligations.
Scope and Application
The Statutory Rules 1909 No. 144, provisional regulations under the Defence Acts 1903-1904, pertains to the military forces of the Commonwealth and establishes regulations that apply immediately from July 1, 1909. The regulations are made under the authority of the Administrator of the Government of the Commonwealth, acting on advice from the Federal Executive Council, due to the urgency of the matter. These regulations amend existing provisions by eliminating specific words related to the infliction of punishment for loss or damage and the unexpired value of uniform, which previously formed part of Regulation No. 298 (2). The scope of this legislation is confined to the Commonwealth's military forces and pertains to disciplinary measures within the military context. The regulations aim to refine and update the disciplinary framework applicable to members of the military, thereby ensuring the efficient administration of justice within the military forces.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904, specifically Regulation No. 298 (2), serve to amend the existing legislative framework governing the military forces of the Commonwealth. The regulation eliminates the words "which are not inflicted to make good any loss or damage or for the unexpired value of uniform," thereby removing a previous exemption or condition related to disciplinary actions or fines imposed on military personnel (Reg. No. 298 (2)). This amendment suggests a tightening of the conditions under which fines and disciplinary measures are applied, potentially broadening the scope of situations in which such penalties can be enforced.
Under these regulations, the military forces of the Commonwealth are subject to specific requirements that govern their conduct and the penalties for breaches of discipline. The removal of the specified exemption implies that fines and disciplinary actions can now be applied more broadly, without the previous limitation concerning loss, damage, or the unexpired value of uniforms (Reg. No. 298 (2)). This likely imposes stricter discipline and accountability measures on military personnel, ensuring that penalties can be applied in a wider range of circumstances.
The legislation outlines potential consequences for breaches of these regulations. Any military personnel found in violation of the amended provisions may face disciplinary action or fines. The specific nature and severity of these consequences would depend on the exact breach and the discretion of the military authorities. The regulation does not specify maximum penalties, but it implies that the consequences can be significant, given the importance of maintaining strict discipline within the military forces.
In summary, Regulation No. 298 (2) under the Provisional Regulations for the Military Forces of the Commonwealth removes a specific exemption related to fines and disciplinary actions. This change imposes a more stringent framework for enforcing discipline within the military, with potential civil or criminal consequences for violations. The precise penalties are not detailed in the regulation, but the implications suggest that any breaches could lead to significant repercussions for the offending personnel.