STATUTORY RULES.
1913. No. 269.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 163—Addition.
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 fifteenth day of October, One thousand nine hundred and thirteen.
DENMAN,
Governor-General,
By His Excellency’s Command,
E. D. MILLEN.
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Regulation (Provisional) for the Military Forces of the Commonwealth.
Addition.
After Regulation 162, insert the following new Regulation:—
Appointment of Persons Employed in the Defence Department under the Public Service Act, to Positions of a Non-combatant Nature under the Defence Act.
163. In the case of a member of the Commonwealth Public Service employed in the Department of Defence who may be appointed to a position under the Defence Act, the duties of which are of a non-combatant nature, and who, consequent on such appointment, is required to be enlisted for a prescribed period in the Permanent Military Forces, the prescribed period of engagement shall be until such time as he reaches the prescribed age for retirement under the Public Service Act—subject to the provisions of Commonwealth Military Regulation 188, and in the case of the person enlisted the right of resignation at any time on giving three months’ notice in writing to his Commanding Officer of this intention to claim his discharge under this Regulation.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.14000.—Price 3d.
Overview
The Statutory Rules 1913 No. 269, titled "Provisional Regulations Under the Defence Act 1903–1912," was enacted in 1913 to address the need for immediate regulation concerning the appointment of personnel within the Department of Defence, particularly for non-combatant roles. This legislative instrument was issued by the Governor-General in Council, reflecting the urgency and importance of the matter as acknowledged by the necessity for provisional measures. The primary objective of this regulation was to ensure a smooth transition and efficient management of personnel in non-combatant positions within the military framework, thereby complementing the Defence Act 1903–1912 and the Public Service Act. This provisional regulation facilitated the enlistment of public service members in non-combatant roles for a prescribed period, aligning with their retirement age under the Public Service Act while maintaining the flexibility for resignation under specific conditions.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912 apply to members of the Commonwealth Public Service who are employed in the Department of Defence and are subsequently appointed to positions of a non-combatant nature within the military forces of the Commonwealth. These regulations specifically address the enlistment and duration of service for such individuals, stipulating that their engagement in the Permanent Military Forces is contingent upon their continued employment in the Public Service until they reach the prescribed age for retirement as outlined in the Public Service Act. The regulations also allow for the individual's right to resign from their military service at any time, provided they give three months' written notice to their Commanding Officer. This regulation extends across the Commonwealth of Australia, reflecting the national scope of the Defence Act, and is subject to the provisions of Commonwealth Military Regulation 188. No exclusions or exemptions are explicitly stated in the text, indicating that the regulation applies broadly to all relevant cases within its scope. The application of these provisional regulations is further subject to any modifications or clarifications that may be introduced through subordinate instruments.
Key Provisions
The main operative section of this Provisional Regulation, specifically Regulation 163, provides for the appointment of members of the Commonwealth Public Service who are employed in the Department of Defence to positions of a non-combatant nature under the Defence Act (163). This regulation mandates that if such a member is appointed to a non-combatant position, they will be enlisted in the Permanent Military Forces for a prescribed period. This enlistment period extends until the member reaches the prescribed age for retirement under the Public Service Act, subject to the provisions of Commonwealth Military Regulation 188. Additionally, the regulation grants the enlisted member the right to resign at any time by providing three months' written notice to their Commanding Officer, intending to claim their discharge under this regulation.
The obligations and requirements imposed by this Act on the parties involved are clear and specific. Members of the Commonwealth Public Service who are employed in the Department of Defence and appointed to non-combatant positions must adhere to the enlistment terms outlined in Regulation 163. These individuals are required to serve in their appointed roles until they reach the retirement age specified under the Public Service Act, unless they choose to resign by giving three months' written notice. Furthermore, the regulation ensures that these appointments and enlistments are conducted in accordance with Commonwealth Military Regulation 188, maintaining consistency and legal compliance throughout the process.
In terms of consequences for breach, the Act does not explicitly detail specific offences or penalties within the text provided. However, it is implied that any non-compliance with the terms of enlistment or resignation as specified in Regulation 163 could potentially lead to administrative or disciplinary actions within the military or public service framework. Given the provisional nature of the regulation, it is likely that any breaches would be subject to the general disciplinary and administrative processes outlined in relevant military or public service regulations and policies. The specific penalties or consequences would depend on the nature and severity of the breach, as well as the applicable laws and regulations governing the conduct of public servants and military personnel.