Military Forces of the Commonwealth Regulations (Amendment) (Provisional)

Legislation au C1909L00023 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1909. No. 23.

 

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 Regulation under the Defence Acts 1903-1904 should come into immediate operation, and make the Regulation in come into operation forthwith as a Provisional Regulation.

Dated the 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.

Addition.

Appointments to first Commissions in the Royal Australian Artillery and the Royal Australian Engineers.

Regulation 68:—

After

“(a) Served as a pupil for three years in engineering workshops during which one year shall have been spent in the drafting office;”

Add—

“(Candidates, however, who have not had the opportunity of working in the drafting office may be considered eligible on demonstrating that they are draftsmen and accustomed to the execution and copying of technical plans and drawings.)”

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

C.1835.—Price 3d.

Overview

The Statutory Rules 1909 No. 23, titled "Provisional Regulations under the Defence Acts 1903-1904," was enacted in 1909 to address the immediate need for regulations governing the military forces of the Commonwealth of Australia. This legislative instrument was issued by the Governor-General in Council, highlighting its urgent necessity. The primary objective of these regulations was to facilitate the administration and organisation of the Royal Australian Artillery and the Royal Australian Engineers by setting provisional standards and procedures. This was particularly relevant as Australia was in the process of establishing its own military forces separate from British command, thereby necessitating swift legislative action to ensure effective governance and operational readiness. The policy objective of these Provisional Regulations was to provide a temporary framework that could be swiftly implemented to address the immediate needs of the newly formed military forces. By allowing for flexibility in the appointment criteria for candidates in engineering roles, these regulations ensured that skilled individuals could be incorporated into the military despite variations in their prior experience. This pragmatic approach was crucial in building a capable and efficient military force during a period of significant national development and defence reorganisation.

Scope and Application

The Provisional Regulations under the Defence Acts 1903-1904, which were enacted due to urgency, pertain specifically to the military forces of the Commonwealth of Australia. These regulations are designed to govern the appointments and qualifications of personnel within the Royal Australian Artillery and the Royal Australian Engineers. The Act applies to individuals seeking to be appointed to first commissions within these military branches, imposing specific educational and professional qualifications. Notably, candidates who have not had the opportunity to work in a drafting office are still considered eligible if they can demonstrate proficiency as draftsmen and experience in the execution and copying of technical plans and drawings. The regulations are applicable nationally across the Commonwealth of Australia and are intended to ensure that personnel possess the necessary skills and expertise required for their roles. The scope of the Act is thus focused on enhancing the quality and capability of military personnel within the specified branches by setting clear qualification standards.

Key Provisions

The Provisional Regulations under the Defence Acts 1903-1904, particularly Regulation 68, make specific amendments to the qualifications for appointments to first commissions in the Royal Australian Artillery and the Royal Australian Engineers. According to Regulation 68, candidates for these commissions must have served as a pupil for three years in engineering workshops, with one year spent in the drafting office. However, an additional clause allows for candidates who have not had the opportunity to work in a drafting office to still be considered eligible if they can demonstrate their proficiency as draftsmen and their familiarity with the execution and copying of technical plans and drawings. These regulations impose certain qualifications and criteria for individuals seeking to join the Royal Australian Artillery and the Royal Australian Engineers. Prospective candidates must meet specific educational and practical experience requirements to ensure they possess the necessary skills and knowledge for their roles. Furthermore, the regulation highlights flexibility by allowing candidates with alternative but equivalent experience to be considered, ensuring that the selection process remains fair and inclusive. Breaches of these regulations, if applicable, could result in serious consequences for both the individuals and the military forces. Any misconduct, negligence, or failure to meet the stipulated requirements could lead to disciplinary action against the candidates or officers involved. Additionally, any subsequent operational failures or issues stemming from inadequately qualified personnel could also result in broader repercussions for the military units or the Defence Force as a whole. While specific penalties are not detailed in the provided text, breaches of military regulations generally carry severe disciplinary measures, including dismissal and legal action. The Provisional Regulations, as outlined in Regulation 68, aim to ensure that the military maintains high standards of competency and professionalism. By stipulating clear qualifications and allowing for alternative experiences, the regulations balance the need for skilled personnel with the practical realities of individual backgrounds and opportunities. Ensuring adherence to these regulations is crucial for the operational effectiveness and integrity of the Royal Australian Artillery and the Royal Australian Engineers.

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Defence Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.