STATUTORY RULES.
1909. No.22.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
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 Regulations under the Defence Acts 1903-1904 should come into immediate operation, and make the Regulations to come into operation forthwith, as Provisional Regulations.
Dated this fifth day of March, One thousand nine hundred and nine.
DUDLEY,
Governor-General,
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Regulation 2 is amended by inserting after the word “Staffs” in the last paragraph, the words —
‘‘and the appointment of Officers to command of Regiments and Corps.”
Regulation 3 and heading “Promotion Board” are cancelled, and the following substituted therefor:—
“3. District Military Committees.
In such Military District there shall be a District Military Committee, composed of the Commandant and three of the Senior Officers on the Active List of the Citizen Forces of the District, representing different arms, to be appointed by the Commandant.
These Committees shall consider and make recommendations with regard to the promotion of officers of the Citizen Forces, in their respective Districts, to ranks above that of Captain.
The recommendations of the Committee will be forwarded by the Commandant, together with his recommendation, for the consideration of the Military Board.”
Regulations 4. The following paragraph is cancelled:—
“He is President of a Board to consider and make recommendation with regard to all promotions in the Military Forces of the Commonwealth.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.1280.—Price 3d.
Overview
The Provisional Regulations under the Defence Acts 1903-1904, enacted in 1909, were introduced to address the urgent need for structured governance and operational procedures within the military forces of the Commonwealth. These regulations were issued by the Governor-General in accordance with the advice of the Federal Executive Council and were designed to provide immediate operational effect. The policy objective was to establish clear frameworks for the appointment of officers, the structuring of military committees, and the recommendation processes for officer promotions, ensuring that the military forces could be effectively managed and organised. The regulations sought to streamline the decision-making process for promotions and appointments within the Citizen Forces, thereby enhancing the operational efficiency and command structure of the military.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 apply to the military forces of the Commonwealth, specifically focusing on the appointments and promotions within these forces. The regulations pertain to the appointment of officers to command Regiments and Corps, and the establishment of District Military Committees in various Military Districts. These Committees are composed of the Commandant and three Senior Officers from the Citizen Forces, representing different arms, and are tasked with considering and recommending promotions for officers to ranks above that of Captain within their respective districts. This regulatory framework extends its application across the Commonwealth, impacting military personnel and their respective commands. The regulations exclude certain appointments and promotions that are addressed by other provisions within the Defence Acts 1903-1904. Furthermore, the scope of these regulations can be extended or modified through subordinate instruments, ensuring that they remain relevant to the evolving needs of the military forces.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Acts 1903-1904 involve amendments to existing regulations, primarily focusing on the structure and function of military committees within the Citizen Forces (reg. 2, 3). Regulation 2 mandates the addition of the appointment of Officers to command Regiments and Corps to the existing provisions. Regulation 3 replaces the former Promotion Board with District Military Committees. These Committees, composed of the Commandant and three Senior Officers representing different arms, are tasked with considering and recommending promotions for Citizen Forces officers above the rank of Captain. Their recommendations, along with the Commandant’s, are to be forwarded to the Military Board for further consideration (reg. 3).
The Regulations impose several obligations on the parties governed by them. Notably, the Commandant is required to appoint members to the District Military Committees, ensuring that they represent different arms of the military (reg. 3). These Committees must then deliberate on and recommend promotions for officers within their respective districts. Furthermore, the Commandant has the responsibility of forwarding these recommendations, along with their own, to the Military Board (reg. 3). The Military Board, in turn, is tasked with considering these recommendations as part of the broader promotion process.
Any breaches of these Provisional Regulations could potentially lead to various consequences. While specific offences and penalties are not explicitly detailed within the text provided, it is reasonable to infer that non-compliance with the established procedures for officer appointments and promotions could result in disciplinary actions or other administrative penalties. These could include reprimands, reassignments, or other measures deemed appropriate by the Military Board or higher authorities within the Defence framework. The precise nature and extent of these penalties would likely be determined in accordance with the overarching Defence Acts and any relevant military service regulations or codes of conduct.