STATUTORY RULES.
1909. No. 134.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice or 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 make Regulation to come into operation forthwith as in Provisional Regulation.
Dated this 7th day of December, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
REGULATIONS (Provisional) for the Military FORCES of the Commonwealth.
Amendment.
In the amendment to Regulation 106a, published in Statutory Rule 118 of 1909, the words “Field or” are inserted before the word “Garrison.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.16064.—Price 3d.
Overview
The Provisional Regulations under the Defence Acts 1903-1904, numbered Statutory Rules 1909, No. 134, were enacted to address the need for immediate operational regulations governing the military forces of the Commonwealth. These regulations were introduced by the Governor-General in Council on 7 December 1909, following the urgent requirement for such measures. The document was published and certified to come into immediate operation, reflecting the pressing nature of the amendments to Regulation 106a, as previously detailed in Statutory Rule 118 of 1909. The insertion of the words "Field or" before "Garrison" in this regulation signifies the aim to provide comprehensive governance over both field and garrison military forces, thereby ensuring effective and immediate military administration.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 apply specifically to the military forces of the Commonwealth, setting out provisional rules and amendments to existing regulations to ensure the effective and immediate governance of these forces. The scope of the Act is confined to the military personnel and related entities involved in the Commonwealth's defence activities. The geographic reach of these regulations is national, applying across all states and territories within the Commonwealth of Australia. These regulations were established due to the urgency of the circumstances, as evidenced by the certification by the Governor-General. The Provisional Regulations do not explicitly state any exclusions or exemptions but operate under the overarching authority of the Defence Acts, implying that they apply comprehensively to all relevant military matters unless otherwise specified by higher legislative instruments. Subordinate instruments may extend or further specify the application of these regulations, but the primary focus remains on the urgent needs of the military forces during the period of their enactment.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Acts 1903-1904, as evidenced in Statutory Rules 1909, No. 134, concern amendments to existing regulations governing the military forces of the Commonwealth. Notably, Regulation 106a has been amended by inserting the words "Field or" before the word "Garrison" (Reg 106a). This alteration suggests that the regulations now apply to both field and garrison situations, expanding their scope.
The obligations imposed by these regulations on the military forces are primarily concerned with the uniform application of rules across all operational contexts. Military personnel are required to adhere to these regulations in both field and garrison settings, ensuring consistency in discipline and operational procedures. The insertion of "Field or" before "Garrison" indicates a mandate for the military to prepare and operate under both combat and non-combat conditions, thereby extending the reach of the Defence Acts.
In terms of consequences for non-compliance, while the specific regulations themselves do not explicitly detail offences or penalties, breaches of military regulations generally fall under the purview of the Defence Force Discipline Act 1981. This Act allows for a range of penalties, including fines, imprisonment, and reduction in rank or dismissal for service personnel found guilty of infractions. Given the nature of the regulations, serious breaches could result in severe disciplinary action, impacting both individual careers and overall military effectiveness.
Additionally, there may be broader legal consequences under Australian criminal law for actions that violate the Defence Acts or related regulations. For instance, if a breach of these regulations results in a criminal offence such as desertion, mutiny, or other acts of indiscipline, individuals could face criminal charges. Penalties for such offences can include imprisonment, reflecting the seriousness with which the law treats any failure to comply with military regulations.
The regulations underscore the importance of strict adherence to military discipline and operational readiness, setting out clear parameters for conduct and procedure in both field and garrison environments. The insertion of "Field or" before "Garrison" ensures that these regulations are not limited to peacetime or non-combat situations, reinforcing the need for comprehensive and flexible military governance.