STATUTORY RULES.
1908. No. 3.
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 to come into operation forthwith as a Provisional Regulation.
Dated this thirty‑first day of December, One thousand nine hundred and seven.
NORTHCOTE,
Governor‑General.
By His Excellency's Command,
Regulations for the Military Forces of the Commonwealth.
Amendment.
Paragraph 35 is cancelled, and the following substituted therefor :—
Flag Stations and Flags to be Flown.
Flags and flag stations.
35. Where two flags are issued, the smaller is for use in bad weather.
Flag Stations. | Union Jack. |
12 feet x 6 feet. | 6 feet x 3 feet. |
New South Wales— | | |
Victoria Barracks, Sydney......................................... | 1†‡ | 1* |
Saluting Battery, Sydney.......................................... | 1† | 1† |
Middle Head Fort............................................... | 1‡ | 1‡ |
Fort Scratchley, Newcastle......................................... | 1‡ | 1‡ |
Victoria— | | |
Victoria Barracks, Melbourne....................................... | 1†‡ | 1* |
Queenscliff Fort................................................ | 1‡ | 1‡ |
Gellibrand Fort................................................ | — | 1† |
Queensland— | | |
Victoria Barracks, Brisbane........................................ | 1†‡ | I* |
Barracks, Thursday Island......................................... | 1†‡ | 1†‡ |
South Australia— | | |
District Head‑quarters, Adelaide............................... | 1†‡ | 1* |
Fort Largs.................................................... | 1‡ | 1‡ |
Western Australia— | | 1 |
District Head‑quarters, Perth................................. | 1†‡ | 1* |
Barracks, Albany............................................... | 1‡ | 1‡ |
Tasmania— | | |
District Head‑quarters, Hobart................................ | 1†‡ | 1* |
Saluting Battery, Hobart.......................................... | — | 1†‡ |
† On anniversaries, State occasions, and when required for saluting or other special purposes. — ‡ On Sundays and anniversaries —* Daily, except Sundays.
By Authority : J. Kemp, Acting Government Printer, Melbourne.
Overview
Statutory Rules 1908 No. 3, enacted under the Defence Acts 1903-1904, addresses the urgent need to establish regulations for the military forces of the Commonwealth, particularly in relation to flag stations and the flags to be flown. This legislative instrument was introduced to ensure uniformity and clarity in the use of flags in various military establishments across Australia. The regulation was made by the Governor-General in Council, signifying the urgency and importance of the provisions. The policy objective behind these regulations is to maintain order and respect in military protocol, particularly through the consistent and appropriate use of flags in military installations, thereby reinforcing the Commonwealth's military presence and authority.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, as certified by the Governor-General, provide detailed instructions for the use and display of flags at specific military installations across Australia. These regulations apply to various flag stations within each state and territory, such as Victoria Barracks in Sydney, Melbourne, and Brisbane, Saluting Batteries in Sydney and Hobart, and other forts and district headquarters. The regulations specify the types of flags and their dimensions to be flown, with certain flags designated for use in adverse weather conditions and others for particular occasions like anniversaries, state events, or special purposes. Additionally, the regulations outline the days on which certain flags must be flown, distinguishing between daily use, Sundays, and special occasions. This legislation ensures uniformity in the display of flags at military sites, reinforcing the symbolic and ceremonial aspects of military protocol. The regulations are applicable to all relevant military installations within the specified locations, and their immediate effect as provisional regulations underscores the urgency and importance of these directives within the defence framework of the Commonwealth.
Key Provisions
The key provisions of the Provisional Regulations under the Defence Acts 1903-1904, as detailed in Statutory Rules 1908, No. 3, include the specification of flag stations and the flags to be flown at these locations. Section 35 outlines that where two flags are issued, the smaller flag is designated for use in bad weather. The regulation further specifies the exact dimensions of the Union Jack flags to be used: 12 feet by 6 feet, and 6 feet by 3 feet. It also delineates the flag stations across various states and territories, indicating which flags should be flown on particular days and under specific circumstances.
The obligations imposed by these regulations on the relevant authorities include ensuring that the specified flags are correctly flown at designated locations and times. For example, in New South Wales, the Union Jack is to be flown at Victoria Barracks in Sydney, the Saluting Battery in Sydney, Middle Head Fort, and Fort Scratchley in Newcastle. Similar obligations are set for Victoria, Queensland, South Australia, Western Australia, and Tasmania. Each location has specific instructions on when the flags should be flown, such as on anniversaries, state occasions, Sundays, and other special purposes.
Failure to comply with these regulations can lead to various consequences. Although the specific legal penalties are not detailed in the provided text, breaches of such regulations could typically result in administrative actions or disciplinary measures. The lack of explicit penalties in this excerpt suggests that the primary enforcement mechanism is adherence to protocol and oversight by relevant military and government authorities. Non-compliance could potentially result in disciplinary actions against personnel responsible for the oversight of flag protocols at the specified stations.