STATUTORY RULES.
1913. No. 20.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Regulations (Provisional) for the Commonwealth Military Forces.
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 fifth day of February, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 35.—In the list of stations at which salutes are authorized to be fired, opposite 5th Military District :—
Cancel—
Fort Arthur’s Head,
and substitute—
Artillery Barracks, Fremantle.
Cancel—
Terrace near Parliament House, Perth,
and substitute—
Esplanade near Law Courts, Perth.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.981.—Price 3d.
Overview
The Statutory Rules 1913 No. 20, Provisional Regulations under the Defence Act 1903-1912, were enacted to address the immediate administrative and operational needs of the Commonwealth Military Forces in 1913. This legislative instrument was introduced to ensure that the military forces could function effectively despite the urgency of the situation. The regulations were made under the authority of the Governor-General in Council, recognising the necessity for swift action to support the military infrastructure and operations. The policy objective of these provisional regulations was to provide a temporary yet structured framework that would be crucial for the smooth functioning of the military forces until more permanent legislative measures could be established.
These provisional regulations, certified as urgent, were designed to make immediate amendments to the existing military protocols, such as updating the locations where salutes were authorised to be fired. This change aimed to ensure that military formalities and traditions could be maintained with minimal disruption. The regulations were published by the Government Printer for the State of Victoria, Albert J. Mullett, highlighting the collaborative effort between different states in supporting the federal government's initiatives.
Scope and Application
The Provisional Regulations Under the Defence Act 1903-1912 pertain specifically to the Commonwealth Military Forces, governing various operational and administrative aspects of these forces. This legislation, issued with urgency by the Governor-General acting on the advice of the Federal Executive Council, applies to personnel within the military forces, as well as to the conduct and transactions related to their service. The geographic reach of these regulations is national, impacting all military operations and stations across the Commonwealth of Australia. The regulations also serve to amend specific locations where salutes are authorised, such as replacing Fort Arthur's Head in the 5th Military District with Artillery Barracks in Fremantle, and updating the location in Perth from a terrace near Parliament House to the Esplanade near Law Courts. This statutory instrument extends its application by establishing specific sites for ceremonial purposes and provides a temporary framework until a more permanent legislative solution is established, underscoring its provisional nature.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912, as stated in Statutory Rules 1913, No. 20, introduce modifications to the locations where salutes are authorised to be fired by the Commonwealth Military Forces. Specifically, Regulation 35 makes two key amendments (Reg. 35). Firstly, it cancels the authorisation for salutes at Fort Arthur's Head in the 5th Military District, replacing it with authorisation for salutes at Artillery Barracks in Fremantle. Secondly, it cancels the authorisation for salutes at the Terrace near Parliament House in Perth, replacing it with authorisation for salutes at the Esplanade near the Law Courts in Perth.
These regulations impose specific obligations on the military authorities responsible for managing and executing the firing of salutes. They must ensure that salutes are only fired at the locations explicitly authorised under these regulations. This includes the requirement to update records and communicate any changes to relevant personnel to maintain compliance with the new provisions.
Failure to adhere to the specified locations for firing salutes as outlined in the regulations may result in various consequences. While the legislation does not explicitly detail penalties or specific consequences for breaches, non-compliance could potentially lead to disciplinary actions under the Defence Act 1903-1912 or other relevant military regulations. Additionally, any breaches of these regulations could be subject to the general enforcement mechanisms provided by the Defence Act, which may include administrative, civil, or criminal penalties depending on the severity and nature of the breach.