STATUTORY RULES.
1908. No. 121.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-4.
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 to come into operation forthwith as a Provisional Regulation.
Dated this 23rd day of November, One thousand nine hundred and eight.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
Regulation 74—
Paras. (b) and (c) are cancelled, and the following substituted therefor:—
(b) Warrant officers, non-commissioned officers and men, except as specified in (c) who have served for three years in the Defence Force, provided they are between the ages of 22 and 35 years at the date of holding the educational examination.
(c) Warrant and non-commissioned officers of the Permanent Forces, provided they are between the ages of 22 and 40 years at the date of holding the educational examination.
(d) Other candidates, provided they are between the ages of 22 and 30 years at the date of holding the educational examination.
By Authority: J. Kemp, Government Printer, Melbourne.
C.14243.—Price 3d.
Overview
The Statutory Rules of 1908, No. 121, titled "Provisional Regulations Under the Defence Acts 1903-1904," were enacted to address the urgent need for temporary regulations governing the military forces of the Commonwealth of Australia. These regulations were issued by the Governor-General, acting on the advice of the Federal Executive Council, due to the pressing requirement for immediate operation of certain provisions. This legislative instrument aimed to provide provisional governance until a more comprehensive legislative framework could be established. The policy objective behind these regulations was to ensure that the military forces of the Commonwealth could be efficiently managed under temporary provisions while the permanent legislative framework was being developed.
Scope and Application
The Statutory Rules of 1908, No. 121, under the Defence Acts 1903-1904, establish provisional regulations concerning the military forces of the Commonwealth. This legislation applies specifically to warrant officers, non-commissioned officers, and enlisted personnel who have served in the Defence Force for at least three years. The regulations delineate age limits for eligibility to hold educational examinations, distinguishing between different categories of military personnel. For instance, warrant officers, non-commissioned officers, and enlisted personnel must be between 22 and 35 years of age, while warrant and non-commissioned officers of the Permanent Forces are allowed to be between 22 and 40 years of age. Other candidates not falling into these categories must be between 22 and 30 years of age to be eligible for the examinations. This legislative instrument was issued with urgency and came into immediate operation as a provisional regulation.
Key Provisions
The main operative sections of the Statutory Rules 1908, No. 121, Provisional Regulations Under the Defence Acts 1903-1904, primarily concern the eligibility criteria for holding educational examinations for various categories of personnel within the military forces. Section 74, in particular, outlines specific requirements for warrant officers, non-commissioned officers, and men, as well as other candidates. The regulation specifies that warrant officers, non-commissioned officers, and men who have served for three years in the Defence Force and are between the ages of 22 and 35 can sit the examination. Warrant and non-commissioned officers of the Permanent Forces, who are between the ages of 22 and 40, are also eligible. Other candidates must be between the ages of 22 and 30 to be permitted to sit the examination.
These provisions impose clear obligations and requirements on the military personnel who wish to take part in educational examinations. They must ensure that they meet the age criteria specified in the regulations, and in the case of warrant officers, non-commissioned officers, and men, they must also have completed a minimum of three years of service in the Defence Force. This is intended to ensure that only those who have sufficient experience and are within the appropriate age range are permitted to take part in the examinations, thereby maintaining a certain standard of qualification and experience among those who undergo the educational process.
Failure to comply with the age and service requirements specified in the regulations can lead to various consequences. Although the statutory rules themselves do not explicitly detail the penalties for non-compliance, breaches of Defence Act regulations generally can result in both civil and criminal consequences. For example, individuals who fail to meet the eligibility criteria may be barred from sitting the examination, which could impact their career progression within the Defence Force. In more severe cases, there may be administrative or disciplinary actions taken against those who do not adhere to the stipulated requirements. The specific penalties can vary, but they are designed to enforce the regulatory framework and uphold the standards set by the Defence Acts.