Military Forces of the Commonwealth Regulations (Amendment) (Provisional)

Overview

Statutory Rules 1913 No. 138, titled "Provisional Regulations Under the Defence Act 1903-1912," was enacted in 1913 to address a specific gap in the military examination process for officers within the Citizen Forces and Senior Cadets. The legislation was introduced by the Governor-General in Council, acting on behalf of the Commonwealth of Australia, under the authority of the Defence Act 1903-1912. The policy objective of this statutory rule was to provide a streamlined process for officers who had previously passed military examinations, ensuring they would not need to re-take these exams for a specified period, thus facilitating a more efficient transfer and appointment process within the military forces. The Provisional Regulations provided an amendment to Commonwealth Military Regulation 106c, cancelling the existing regulation and substituting it with a new provision that exempts officers from retaking certain military exams for a set period. This amendment aimed to recognise the qualifications and skills of experienced officers, thereby expediting their advancement within the ranks. The urgency and immediate operation of this regulation were certified by the Governor-General, reflecting the need for swift implementation to support the military's operational requirements.

Scope and Application

The Statutory Rules 1913, No. 138, as a provisional regulation under the Defence Act 1903-1912, pertains specifically to the military forces of the Commonwealth. This legislative instrument applies to officers of the Citizen Forces or Senior Cadets who have successfully passed in any of the subjects contained in the military examination syllabus for transfer and initial appointment to a commission in the Permanent Forces. These officers are granted an exemption from retaking the same subjects for the rank of lieutenant or captain in the Citizen Forces for a period of five years from the date of their original examination. The regulation aims to streamline the process of officer appointments and progression within the military hierarchy. As a provisional regulation, it comes into immediate operation and is enforced across the Commonwealth, ensuring uniformity and efficiency in military administration. No specific exclusions, exemptions, or thresholds are mentioned in the regulation itself, although any further application details or extensions are likely to be governed by subordinate instruments or subsequent legislative amendments.

Key Provisions

The key operative section of this legislation is Regulation 106c, as amended (section 106c). This section grants an exemption from certain military examinations to officers of the Citizen Forces or Senior Cadets who have successfully passed relevant subjects in a military examination. Specifically, if an officer passes any subject in the syllabus of the military examination for transfer and first appointment to a commission in the Permanent Forces, they are exempt from retaking that subject for the ranks of lieutenant or captain in the Citizen Forces for a period of five years from the date of their original examination. These regulations impose obligations on officers of the Citizen Forces or Senior Cadets who have passed the specified military examination subjects. They are required to use the exemption granted by Regulation 106c, which allows them to avoid retaking the subjects they have already passed for the purposes of promotion to the ranks of lieutenant or captain in the Citizen Forces. This exemption is valid for a period of five years from the date of their initial examination. The legislation does not explicitly state any offences, penalties, or consequences for breach. However, by virtue of its nature as a provisional regulation under the Defence Act 1903-1912, non-compliance with the terms of Regulation 106c may result in disciplinary action under military law. While the specific penalties for breach are not outlined in the regulation itself, they could include administrative penalties, loss of rank, or other disciplinary measures as deemed appropriate by the military authorities. Given the context of the Defence Act, severe breaches could also potentially lead to criminal charges under the general criminal law if they involve serious misconduct or breaches of military discipline.