STATUTORY RULES.
1911. No. 147.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Amendment to C. M. Regulation 185 Relative to Soldiers of the Permanent Forces Serving at Thursday Island.
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 1903-1910 should come into immediate operation and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twentieth day of September, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Discharge.
Regulation 185—
First sub-paragraph—In line 7, after “below” insert “*.”
Third sub-paragraph—In line 6, after “kit” insert “*.”
Add the following footnote:—
* A soldier stationed at Thursday Island will not be permitted to obtain his discharge until the expiration of his period of service, except under special circumstances, and in any case where, under special circumstances, a soldier stationed at Thursday Island is permitted to obtain his discharge prior to the expiration of his period of service, he will be required to pay, in addition to the purchase money (where such is payable) and the unexpired value of his uniform and kit, an amount equal to the cost of the transport of a soldier from some other State (to be decided by the Officer Commanding, Royal Australian Garrison Artillery) to take his place at Thursday Island.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14321.—Price 3d.
Overview
The Statutory Rules 1911 No. 147, titled "Provisional Regulations Under the Defence Act 1903-1910," was enacted to address the urgent need for amendments to military regulations concerning soldiers of the permanent forces stationed at Thursday Island. This legislative instrument was issued by the Governor-General in Council, acting with the advice of the Federal Executive Council, and came into immediate operation due to its urgency. The primary objective of these regulations is to modify existing rules regarding the discharge of soldiers, ensuring that those stationed at Thursday Island are subject to specific conditions before they can obtain their discharge, thereby addressing a gap in the Defence Act 1903-1910 concerning the deployment and service conditions of military personnel at remote locations.
Scope and Application
This Statutory Rule, issued under the Defence Act 1903-1910, amends Regulation 185 concerning the discharge of soldiers in the permanent forces stationed at Thursday Island. The rule applies specifically to soldiers serving at Thursday Island, imposing stringent conditions on their discharge that differ from those applicable to soldiers serving elsewhere. It mandates that a soldier stationed at Thursday Island cannot obtain his discharge prior to the end of his service term, except under special circumstances. If a discharge is granted under such exceptional conditions, the soldier must compensate for the cost of transporting a replacement from another state, in addition to other specified payments. The regulation thus restricts the discharge process for this specific group of soldiers and outlines a financial penalty for early discharge. The rule operates within the jurisdictional reach of the Commonwealth of Australia and is intended to be enforced immediately as a Provisional Regulation.
Key Provisions
The main operative sections of the Provisional Regulation under the Defence Act 1903-1910 amend Regulation 185 concerning soldiers of the Permanent Forces serving at Thursday Island. Specifically, the amendment (Regulation 185, first sub-paragraph, line 7) stipulates that soldiers stationed at Thursday Island cannot obtain their discharge until the end of their service period, except under special circumstances. If a soldier is allowed to leave before their service period ends under special circumstances, they must pay an additional amount (Regulation 185, third sub-paragraph, line 6). This amount includes the purchase money (if applicable), the unexpired value of their uniform and kit, and the cost of transporting a replacement soldier from another state, as determined by the Officer Commanding, Royal Australian Garrison Artillery.
The obligations imposed by these regulations on the affected parties, primarily the soldiers stationed at Thursday Island, include adhering to the specified conditions regarding discharge. Soldiers must complete their service unless granted a special circumstance exception. If granted such an exception, they must ensure they settle all financial obligations, including the aforementioned costs related to their discharge and replacement. The regulation also places an administrative duty on the Officer Commanding, Royal Australian Garrison Artillery, to decide the state from which the replacement soldier will be sourced.
The regulation does not explicitly outline offences, penalties, or consequences for breaches in the text provided. However, the implication is that failure to comply with the discharge stipulations and financial obligations could lead to administrative or disciplinary actions under the Defence Act 1903-1910. Given the nature of the Defence Act and typical military regulations, non-compliance might result in formal reprimands, financial penalties, or other disciplinary measures as deemed appropriate by the relevant military authority.