STATUTORY RULES.
1913. No. 85.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to C.M. Regulation 78.
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 twenty-eighth day of March, 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.
After Regulation 78c add the following new Regulation:—
78d. An Aviation Instructional Staff, the members of which shall provide the Personnel of a Central Flying School, may be established as a portion of the Instructional Staff of the Commonwealth Military Forces.
The Aviation Instructional Staff may be composed of such officers, honorary officers, and other ranks as may be laid down from time to time, and their duties shall be as prescribed by the Military Board.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.4020.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1912, specifically Statutory Rules 1913 No. 85, were enacted to address the urgent need to establish an Aviation Instructional Staff within the Commonwealth Military Forces. These regulations were issued under the authority of the Governor-General, acting on the advice of the Federal Executive Council, due to the pressing necessity for such an amendment. The policy objective behind this legislation was to facilitate the creation of a Central Flying School, which required a dedicated instructional staff to ensure the effective training and development of personnel in the newly emerging field of military aviation. This amendment aimed to streamline the process of establishing this crucial component of the military forces by providing a structured framework for the roles and responsibilities of the instructional staff.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912, specifically amending Regulation 78, establish the formation of an Aviation Instructional Staff within the Commonwealth Military Forces. These regulations apply to the members of the Defence Force who are designated as part of the Aviation Instructional Staff, including officers, honorary officers, and other ranks. The primary purpose of this Act is to facilitate the establishment of a Central Flying School through the creation of this instructional staff, with the members of the staff providing the necessary personnel. The scope of these regulations extends to the Commonwealth level, as they are enacted by the Governor-General in accordance with the Defence Act and involve the Federal Executive Council. The Military Board is tasked with prescribing the duties of the members of the Aviation Instructional Staff. Notably, these regulations do not specify any exclusions, exemptions, or thresholds, and the application of the Act is limited to the establishment and function of the Aviation Instructional Staff within the Commonwealth Military Forces.
Key Provisions
The key provision of these Provisional Regulations (Regulation 78d) allows for the establishment of an Aviation Instructional Staff within the Commonwealth Military Forces. This staff will form part of the Instructional Staff of the Commonwealth Military Forces and will provide the personnel necessary for a Central Flying School. The composition of the Aviation Instructional Staff can be determined at any time and can include officers, honorary officers, and other ranks as specified. The duties of the staff will be outlined by the Military Board.
These Regulations impose several obligations on the parties involved. Firstly, they require the creation of an Aviation Instructional Staff within the Commonwealth Military Forces. This staff must be provided with the necessary personnel to operate a Central Flying School. The Military Board has the authority to prescribe the duties of the staff members. Additionally, the composition of the staff, including the types of officers and ranks, can be specified by the relevant authorities.
The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, as these are Provisional Regulations made under the Defence Act 1903–1912, any failure to comply with the provisions could potentially lead to disciplinary actions within the military or other legal repercussions under the relevant acts and regulations. The exact consequences would depend on the nature and severity of the breach, as well as the applicable laws at the time.
Given the Provisional nature of these Regulations, they are subject to review and amendment. The establishment of the Aviation Instructional Staff is intended to be a temporary measure, and any permanent changes would likely require formal legislative action. The Regulations are also subject to the overarching Defence Act 1903–1912, which provides the legal framework for the governance of the military forces. Therefore, any breach of the Provisional Regulations could potentially be addressed under the Defence Act or other related legislation.
In summary, these Provisional Regulations establish an Aviation Instructional Staff for the Commonwealth Military Forces, with the composition and duties to be determined by the Military Board. While the Regulations themselves do not specify penalties for non-compliance, any breaches could be subject to military disciplinary measures or other legal actions under the Defence Act 1903–1912 or relevant legislation.