STATUTORY RULES.
1912. No. 237.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Regulations (Provisional) for the Military Forces of the Commonwealth—Addition—Regulation 311a.
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, further, should be taken to have come into operation on and from the first day of July, 1911, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this twelfth day of December, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
After Regulation 311, add new Regulation 311a.
“311A. Where a member of the Commonwealth Military Forces has been found guilty by a Court-martial of the offence of desertion, the Court-martial may, in addition to the penalty provided for that offence, order that any moneys or other property found on, or in the possession of, the deserter may be applied—
(a) in payment of any fines which have been imposed on the deserter under the Defence Act or Regulations; and
(b) in payment of any amount which he has been ordered to pay under paragraph (c) of section 97 of the Defence Act 1903–1912.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.17290.—Price 3d.
Overview
The Statutory Rules of 1912, numbered No. 237, contain Provisional Regulations under the Defence Act 1903–1912, specifically addressing the addition of Regulation 311a. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations were introduced due to the urgency of addressing financial penalties associated with military desertion. The aim was to provide a mechanism whereby the property of a deserter could be applied towards fines and other financial obligations imposed by the Defence Act or Regulations, thereby ensuring that the financial repercussions of desertion were fully realised. These provisional regulations were effective from July 1, 1911, and were designed to streamline the enforcement of penalties within the military justice system.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912 apply specifically to members of the Commonwealth Military Forces who have been found guilty of the offence of desertion by a Court-martial. These regulations extend to the application of any moneys or other property found on, or in the possession of, the deserter. The application of these provisions is intended to supplement the penalties for desertion by ensuring that any financial resources available to the deserter are used to offset fines or payments they owe under the Defence Act or other related regulations. The reach of these regulations is limited to members of the military who have been convicted of desertion, and they do not extend to other military personnel or civilians. These regulations have been enacted on an urgent basis and come into operation immediately as provisional measures, highlighting their temporary nature until formal statutory rules are established.
Key Provisions
The key provision introduced by Regulation 311a is that when a member of the Commonwealth Military Forces is found guilty of desertion by a court-martial, the court-martial may order that any moneys or other property found on or in the possession of the deserter be used in two specific ways. Firstly, it can be used to pay any fines that have been imposed on the deserter under the Defence Act or any associated regulations (paragraph 311A(a)). Secondly, it can be used to pay any amount that the deserter has been ordered to pay under paragraph (c) of section 97 of the Defence Act 1903–1912 (paragraph 311A(b)). This means that the property of the deserter can be liquidated to cover financial penalties resulting from their desertion.
The obligations imposed by this regulation are primarily on the court-martial that convicts the deserter. When sentencing a deserter, the court-martial must consider whether the deserter has any moneys or property that can be used to cover the penalties imposed. If such assets are found, the court-martial has the discretion to order that these assets be used to pay off the deserter’s fines and any other ordered payments. This places a responsibility on the court-martial to investigate and account for the deserter's financial situation as part of the sentencing process.
Breach of the Defence Act 1903–1912, including failure to comply with the provisions of Regulation 311a, can lead to various penalties. Under the Defence Act, a member found guilty of desertion can face imprisonment for up to two years. Additionally, if the court-martial fails to follow the mandated process of applying the deserter's assets towards their penalties, this could be viewed as an administrative error, potentially leading to legal challenges or appeals regarding the fairness or legality of the sentence. While the regulation itself does not explicitly outline further penalties for non-compliance, breaches of the Defence Act and its regulations can result in severe consequences for the individual soldier, including loss of rank, discharge from service, and imprisonment.