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

Legislation au C1908L00041 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1908. No. 41.

 

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 1st day of April, One thousand nine hundred and eight.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

THOS. EWING.

 

Regulations for the Military Forces of the Commonwealth:

After Regulation 6, add—“6a. In all Regulations and Standing Orders for the Military Forces of the Commonwealth, including Financial and Allowance Regulations, unless the context otherwise provides, the terms ‘Commanding Officer,’ ‘Officer Commanding,’ ‘Commanding Officer of Regiment, Corps, or Unit,’ include an ‘Officer Commanding Australian Intelligence Corps for a District.’”

At end of Regulation 10, add—”The Australian Intelligence Corps is a combatant corps forming part of the Militia Forces, but no officer of this corps shall exercise command over other corps except for the substantive rank for which he has qualified in the examinations prescribed for Light Horse, Artillery, Engineers, or Infantry.”

Regulation 57, line 3, after “corps” insert “and to the rank of Lieutenant in the case of the Australian Intelligence Corps.”

At end of Regulation 57 (as amended by Statutory Rule No. 44 of 1906), add—“An officer appointed as Lieutenant in the Australian Intelligence Corps will be required to complete a period of twelve months’ service in that rank, and may then, if he has passed the prescribed examinations, and is recommended by the Officer Commanding the Corps in his District and the District Commandant, be promoted to the rank of Captain.”

At end of Regulation 65, add—“In the case of the Australian Intelligence Corps the Deputy Adjutant-General will take the advice of the Chief of Intelligence and the Officer Commanding the Corps before submitting to the Military Board the names of candidates for appointment to the Corps.”

After Regulation 101, add—“Staff Officers—Australian Intelligence Corps, 101a. A Staff Officer to the Officer Commanding the Australian Intelligence Corps, and to each Officer Commanding the Corps in a District may in like manner be appointed, on the recommendation of the Chief of Intelligence and the Officer Commanding the Corps, for such period as is thought fit, and at the rates of pay provided for Militia Adjutants.”

Regulation 115, line 2, after “appointments” insert—“but in the case of the Australian Intelligence Corps the Deputy Adjutant General

 

 

 

 

 

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will take the advice of the Chief of Intelligence and the Officer Commanding the Corps before submitting proposed promotions to the Military Board.”

At end of Regulation 117, add—“In the case of the Australian Intelligence Corps promotions will be by selection subject to the passing of the prescribed examinations.”

Regulation 119, line 9, after “Engineers,” insert—“Australian Intelligence Corps.” Line 11, after “occurs,” insert—“except that in the case of the Australian Intelligence Corps promotions may be made on transfer from the Corps in a State to Corps Head-quarters, or vice versâ.

At end of Regulation 124, add—“and in the case of the Australian Intelligence Corps the Deputy Adjutant-General will in like manner take the advice of the Chief of Intelligence and the Officer Commanding the Corps.”

Regulation 127, after line 4, insert—“(bb) In the case of the Australian Intelligence Corps, non-performance of the prescribed work.”

Regulation 139, after line 6, insert—“(c) From the date of being appointed or attached to the Australian Intelligence Corps.”

Regulation 200, line 2, after “staff,” insert—“members of the Australian Intelligence Corps.”

At end of Regulation 203, add—“In the case of the Australian Intelligence Corps the District Commandant may recommend to the Military Board that any officer or direct that any soldier who is not proficient in the special duties of his rank or position shall be classified as ‘non-efficient.’ In the case of an officer, the Deputy Adjutant-General shall take the advice of the Chief of Intelligence and the Officer Commanding the Corps.”

At end of Regulation 204, add—”In the case of the Australian Intelligence Corps, recruits, in order to be classified as ‘efficient’ for the year in which they are passed into the ranks, must perform the work prescribed by Corps Orders.”

At end of Regulation 205, add—“In the case of an officer of the Australian Intelligence Corps the Deputy Adjutant-General will take the advice of the Chief of Intelligence and the Officer Commanding the Corps before submitting his name to the Military Board for relaxation of this Regulation.”

After Regulation 212, add—“212a. Officers or soldiers of other corps may, with the sanction of the District Commandant or Commandants concerned, and with the consent of the Officer Commanding the Australian Intelligence Corps, be seconded or attached to the Australian Intelligence Corps.”

After Regulation 225, add—“225a, In the case of members of the Head-quarters of the Australian Intelligence Corps, the ‘Deputy Adjutant-General’ is substituted for ‘District Commandant’ in Regulations 224 and 225.

After Regulation 284, add—“284a. The members of the Headquarters of the Australian Intelligence Corps and the members of that corps serving in each District respectively constitute a corps for’ all purposes of discipline.”

 

By Authority: j. Kemp, Government Printer, Melbourne.

Overview

Statutory Rules 1908 No. 41, the Provisional Regulations under the Defence Acts 1903-1904, were enacted by the Governor-General in Council, with urgency to address the need for specific regulations governing the newly formed Australian Intelligence Corps. These regulations sought to integrate the Intelligence Corps into the existing framework of the Commonwealth's military forces while ensuring its unique role and responsibilities were clearly defined. The overarching policy objective was to establish a structured and efficient intelligence capability within the military, enhancing the nation's defence posture. The Regulations introduced provisions that governed the rank structure, promotion, and operational duties of the Intelligence Corps, ensuring it functioned both as a combatant unit and a specialised intelligence service.

Scope and Application

The Provisional Regulations under the Defence Acts 1903-1904 primarily apply to the Military Forces of the Commonwealth, specifically focusing on the governance and operation of the Australian Intelligence Corps. These regulations establish the framework for the command structure, promotions, and discipline within the Australian Intelligence Corps, which is designated as a combatant corps forming part of the Militia Forces. The provisions are designed to integrate the Australian Intelligence Corps into the existing military hierarchy while providing tailored guidelines for its unique role and requirements. The regulations also extend to the recruitment, training, and classification of both officers and soldiers within the Corps, with specific provisions governing their efficiency and conduct. The regulations are applicable nationally across the Commonwealth of Australia, ensuring uniformity in the administration of the Intelligence Corps across different districts and regions. There are no stated exclusions or exemptions within the text, but the application of these regulations may be further defined or restricted through subordinate instruments or amendments.

Key Provisions

The main provisions of these Provisional Regulations under the Defence Acts, 1903-1904, introduce specific rules governing the Australian Intelligence Corps (AIC) within the Military Forces of the Commonwealth. Firstly, Regulation 6a clarifies that terms such as ‘Commanding Officer’ or ‘Officer Commanding’ in various regulations and standing orders, unless otherwise specified, also include an ‘Officer Commanding Australian Intelligence Corps for a District’ (Reg. 6a). Secondly, Regulation 10 establishes that the AIC is a combatant corps part of the Militia Forces but limits the command authority of its officers over other corps to their substantive ranks (Reg. 10). Furthermore, Regulation 57 now includes provisions specific to the AIC, such as the requirement for a Lieutenant in the AIC to serve for twelve months and pass examinations before promotion to Captain (Reg. 57 amended by Stat. Rule No. 44 of 1906). Appointments and promotions within the AIC require the advice of the Chief of Intelligence and the Officer Commanding the Corps, with the Deputy Adjutant-General submitting names to the Military Board (Regs. 65, 101, 101a, 115, 117, 119, 124, 127, 200, 203, 204, 205, 212, 212a, 225, 225a, 284a). The Act imposes several obligations and requirements on the parties it governs. Officers of the AIC must complete a specified period of service in their rank and pass prescribed examinations before promotion (Reg. 57). Appointments and promotions within the AIC require consultation with the Chief of Intelligence and the Officer Commanding the Corps, with the Deputy Adjutant-General considering their advice before submitting names to the Military Board (Regs. 65, 101, 101a, 115, 117, 119, 124, 200, 203, 204, 205). The Deputy Adjutant-General must also consult the Chief of Intelligence and the Officer Commanding the Corps before recommending relaxation of regulations for an AIC officer (Reg. 205). Additionally, the District Commandant may recommend that an officer or soldier who is not proficient in their duties be classified as ‘non-efficient’ (Reg. 203). The Act also outlines potential offences, penalties, and consequences for breaches of its provisions. While the specific penalties are not detailed in the text provided, the Act's overarching framework under the Defence Acts 1903-1904 would likely include both civil and criminal penalties for non-compliance. Breaches of military discipline and failure to meet the requirements for promotion or classification could lead to disciplinary actions, including demotion, discharge, or other administrative penalties. The exact nature and severity of these penalties would be governed by the broader Defence Acts and any relevant military regulations.

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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.