STATUTORY RULES.
1914. No. 160.
PROVISIONAL REGULATION UNDER THE DEFENCE ACT 1903-1912.
Regulations for the Military Forces of the Commonwealth—Regulation 616—Amendment.
I, THE DEPUTY OF THE GOVERNOR-GENERAL, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency the following Regulation under the Defence Act 1908-1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation,
Dated this twelfth day of November, One thousand nine hundred and fourteen.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
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Regulations for the Military Forces of the Commonwealth.
Amendment.
Regulation 616, which reads as follows, is cancelled:—
“616. The War Railway Council shall consist of—
President:
The Quartermaster-General or other Officer at Head-Quarters performing his duties........ | 1 |
Members:
The Senior Officer of the Engineer and Railway Staff Corps of the Commonwealth railway system and of each State railway system, or, in his absence, another officer of the Corps detailed by him | 7 |
The Consulting Military Engineer......................................... | 1 |
Representatives of the Naval and Military Forces approved by the Minister.............. | 2 |
| 11 |
An officer detailed by the Military Board will act as Secretary.”
and the following substituted therefor:—
“616. The War Railway Council shall consist of—
President:
The Quartermaster-General or other officer appointed by the Minister.
Members:
The senior, or other officer appointed by the Minister, of the Engineer and Railway Staff Corps of the Commonwealth railway system, and of each State railway system, or in his absence, another officer of the Corps detailed by him,
The Consulting Military Engineer,
Representatives of the Naval and Military Forces appointed by the Minister,
An officer detailed by the Military Board will act as Secretary.”
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Printed and Published for the Government the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.14948.—Price 3d.
Overview
The Provisional Regulation under the Defence Act 1903-1912, Statutory Rules 1914 No. 160, was introduced in 1914 to address the urgent need to amend the existing regulations governing the Military Forces of the Commonwealth, specifically concerning the War Railway Council. Enacted by the Deputy of the Governor-General, A. L. Stanley, with the advice of the Federal Executive Council, this provisional regulation came into immediate operation due to the urgency of the situation. The primary policy objective behind this amendment was to ensure that the War Railway Council could effectively carry out its duties during a critical period, by providing flexibility in the appointment of its members and thereby allowing for more efficient administration and coordination of military railway operations.
Scope and Application
The Statutory Rules 1914 No. 160, amending Regulation 616 under the Defence Act 1908-1912, pertains to the composition and appointment of the War Railway Council. The regulation applies to officers and personnel within the Commonwealth military forces, specifically those involved in the railway operations of the military. This includes the Quartermaster-General or other designated officers who perform duties at headquarters, senior officers from the Engineer and Railway Staff Corps, consulting military engineers, representatives of the naval and military forces, and an officer designated by the Military Board to act as Secretary. The regulation is a Provisional Regulation, which means it comes into immediate operation and is applicable nationally across the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned in the text, although the appointments and roles are subject to the discretion of the Minister and the Military Board. The regulation effectively modifies the previous composition of the War Railway Council, allowing for flexibility in appointments and ensuring the Council is appropriately staffed to carry out its duties.
Key Provisions
The principal operative sections of this Statutory Rule concern the composition and appointment of the War Railway Council (WRC) under the Defence Act 1908-1912. Specifically, Regulation 616 is amended to redefine the membership and appointment process of the WRC. Previously, the President of the WRC was designated as the Quartermaster-General or another officer at Head-Quarters (Section 616(1)). The members of the WRC included the Senior Officer of the Engineer and Railway Staff Corps, the Consulting Military Engineer, representatives of the Naval and Military Forces, and an officer acting as Secretary, all of which were appointed by the Minister (Section 616(2), 616(7), 616(11)). The amendment allows the Minister to appoint the President and other members of the WRC, instead of relying on their automatic designation by their roles.
These regulations impose obligations on the Minister to appoint the President and members of the WRC. This includes the Senior Officer of the Engineer and Railway Staff Corps, the Consulting Military Engineer, and representatives of the Naval and Military Forces. The amendment also ensures that an officer detailed by the Military Board will act as Secretary, maintaining the continuity of the administrative functions of the WRC. These appointments must be made in accordance with the provisions of the Defence Act 1908-1912, ensuring that the WRC is appropriately constituted to fulfil its functions.
Failure to comply with these provisions or to make the required appointments may result in the WRC not being properly constituted, which could impair its ability to carry out its functions effectively. While the Statutory Rule does not explicitly outline penalties for non-compliance, it can be inferred that any failure to adhere to these provisions could be subject to the broader legal consequences under the Defence Act 1908-1912. These consequences could include administrative actions, legal challenges, or other measures as deemed appropriate by the relevant authorities. The exact nature of these consequences would depend on the specific circumstances and the discretion of the Minister or other authorised officials.