STATUTORY RULES.
1913. No. 323.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Regulations for the Military Forces of the Commonwealth—Regulation 57—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 1903–1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this nineteenth day of December, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Officers—First Appointments.
Regulation 57, which reads:—
“First appointments will, as a rule, be made in the rank of Second Lieutenant (but to rank of Captain in the case of the Australian Army Medical Corps and to the rank of Lieutenant in the case of the Australian Intelligence Corps and Australian Army Veterinary Corps).”
is cancelled, and the following substituted therefor:—
“57. First appointments will, as a rule, be made in the rank of Second Lieutenant (but to rank of Captain in the case of the Australian Army Medical Corps, and of the Army Veterinary Corps (Citizen Forces), and to the rank of Lieutenant in the case of the Australian Intelligence Corps).”
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Printed and Published for the Government of Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.16926.—Price 3d.
Overview
Statutory Rules 1913, No. 323, known as the Provisional Regulations under the Defence Act 1903–1912, was enacted in 1913 to address the urgent need for adjustments to the regulations governing the military forces of the Commonwealth. This legislative instrument was introduced by the Governor-General in and over the Commonwealth of Australia, acting on advice from the Federal Executive Council, due to the pressing nature of the amendments required. The overarching objective of these provisional regulations was to modify the rank of first appointments for certain military corps within the Commonwealth forces, ensuring that the regulations remained current and reflective of the evolving needs of the military structure.
The Defence Act 1903–1912 provided the legal framework within which these provisional regulations operated, addressing gaps in the existing regulations that had become apparent as the military expanded and adapted to new circumstances. By issuing these provisional regulations, the government aimed to streamline the appointment process and better align the ranks of personnel with the operational requirements of the military forces, thus ensuring a more efficient and effective military structure.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912, specifically Regulation 57, concern the initial appointments within the Military Forces of the Commonwealth. This regulation applies to individuals appointed to the military, particularly those entering at officer level. The regulation outlines the standard rank for first appointments as Second Lieutenant, with exceptions for specific corps where the rank may differ: Captain for the Australian Army Medical Corps and the Army Veterinary Corps (Citizen Forces), and Lieutenant for the Australian Intelligence Corps. The scope of this regulation is national, as it pertains to the Commonwealth’s military forces and is enforced across all states and territories within Australia. There are no exclusions or exemptions specified in the regulation itself, and it operates as a provisional measure, coming into immediate effect as certified by the Governor-General. The regulation may be further defined or amended through subordinate instruments, ensuring its continued relevance and applicability to the evolving needs of the military forces.
Key Provisions
The main operative sections of this legislative instrument pertain to amendments in the rank of first appointments for officers within the Military Forces of the Commonwealth. Specifically, Regulation 57, previously allowing first appointments to be made in the rank of Second Lieutenant, with exceptions for certain corps, has been amended (Regulations for the Military Forces of the Commonwealth Amendment Officers—First Appointments). According to the new regulation, first appointments will still generally be made in the rank of Second Lieutenant, but will now also include a provision for the Army Veterinary Corps (Citizen Forces) to rank at Captain, alongside the Australian Army Medical Corps. The Australian Intelligence Corps will continue to be appointed to the rank of Lieutenant.
The Act imposes certain obligations on the relevant authorities, ensuring that first appointments are made according to the specified ranks outlined in the amended Regulation 57. This includes the administrative responsibility of the authorities to update their appointment processes to reflect the changes in rank for the Australian Army Medical Corps, Army Veterinary Corps (Citizen Forces), and the Australian Intelligence Corps. These obligations are essential to maintain consistency and fairness in the appointment process across the different corps within the Military Forces of the Commonwealth.
Breach of these regulations, if it occurs, could potentially lead to various consequences. While the specific offences and penalties are not detailed in this legislative instrument, breaches of military regulations can generally result in disciplinary actions, administrative penalties, or even criminal charges, depending on the severity of the breach. The maximum penalties for such breaches, however, would be determined by the Defence Act 1903–1912 or other relevant military legislation, which may include fines, imprisonment, or other sanctions as deemed appropriate by the military tribunal or court.