STATUTORY RULES.
1913. No. 238.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to Commonwealth Military Regulation 121.
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 1903-1912 should come into immediate operation and, further, should be taken to have come into operation on and from the 1st July, 1913, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this tenth day of September, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
Regulation (Provisional) for the Military Forces of the Commonwealth of Australia.
Amendment.
Regulation 121—add new Regulation 121d—
121d. In the case of a transfer under Commonwealth Military Regulation 121a and 121b, a successful candidate will be required to undergo a probationary period of six months. At the end of this term his transfer may be confirmed.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.12455.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1912, enacted in 1913, were introduced to address the need for immediate operational amendments to existing military regulations concerning the transfer and probationary periods for military candidates. The Governor-General, acting on the advice of the Federal Executive Council, issued these regulations to ensure urgent changes could be implemented without delay, with the intent that they be considered to have taken effect from 1 July 1913. The specific regulation in question, 121d, requires successful candidates who are transferred under regulations 121a and 121b to undergo a probationary period of six months, after which their transfer may be confirmed. This regulation underscores the policy objective of ensuring that candidates meet the necessary standards before their positions are made permanent.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically Amendment to Commonwealth Military Regulation 121, pertain to the military forces of the Commonwealth of Australia. This legislative instrument applies to individuals who are successful candidates for transfer within the military framework as defined under Commonwealth Military Regulations 121a and 121b. It mandates that such successful candidates must undergo a probationary period of six months, after which their transfer may be confirmed. The scope of this regulation is confined to the military personnel governed by the Defence Act, and its jurisdiction extends across the Commonwealth of Australia. This Provisional Regulation was enacted with urgency and came into immediate operation on 1 July 1913, providing a temporary legislative measure until the matter is addressed by subsequent legislation. There are no exclusions or exemptions explicitly stated in the text, and the regulation applies directly to the specified transfers within the military framework.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912, particularly Regulation 121d, mandate that any successful candidate who is transferred under Commonwealth Military Regulation 121a and 121b must undergo a probationary period of six months. The probationary period is a critical component in the process of confirming a transfer. At the end of this probationary period, the individual's transfer may be officially confirmed if they have met the necessary requirements and standards (Regulation 121d).
These regulations impose specific obligations on the parties involved in the transfer process. The successful candidate must adhere to the terms of the probationary period, during which their performance, suitability, and compliance with military standards are assessed. The military authorities are tasked with overseeing this probationary period, ensuring that the candidate is appropriately evaluated and that the conditions of their transfer are met. The aim is to ascertain whether the individual is a suitable fit for the military forces of the Commonwealth of Australia.
Failure to comply with the requirements of the probationary period may lead to consequences. However, the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text. It is likely that the Defence Act 1903-1912 or related legislation would outline the penalties for breaching these regulations. Generally, breaches of military regulations can result in administrative actions, such as revocation of the transfer, or may lead to further disciplinary measures under the applicable military laws. The exact penalties would be determined in accordance with the relevant legal provisions and the severity of the breach.