STATUTORY RULES.
1914. No. 125.
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PROVISIONAL REGULATION UNDER THE DEFENCE ACT 1903-1912.
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 the eighth day of September, 1914.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
Minister of State for Defence.
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Regulation for the Military Forces of the Commonwealth.
After Regulation 626 of the Commonwealth Military Regulations (Statutory Rules 1913, No. 327) the following Regulation it inserted:—
Requisitioning under Section 67 of the Act.
627.—(1) In time of war the Governor-General may issue a general authority to the Minister of Defence authorizing him to issue in authority to such persons as the Minister thinks fit to requesting such number and kind as the Minister specifies of vehicles, horses, mules, bullocks, aerial machines, boats or vessels, or goods for naval or military purposes.
(2) Upon receipt by any person of such an authority from the Minister, that person or any person thereto authorized in writing by him may inspect any articles or animals of the kind enumerated in the said authority, and may in pursuance of the said authority by writing under his hand require any owner of any of such articles or animals to deliver them up to him, and, in the event of the owner failing so to do within the time limited in the requisition, may seize the said articles or animals.
(3) The compensations payable to an owner in respect of any articles or animals requisitioned in pursuance of this Regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed by the Minister, and be determined by the Minister, subject to an appeal to any Judge of the Supreme Court of a State who may finally determine the amount of compensation mid make such order as to costs as he thinks fit.
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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.11587.—Price 3d.
Overview
The Provisional Regulation under the Defence Act 1903-1912 was enacted in 1914 to address the urgent needs of requisitioning necessary military resources during a declared war. This legislative instrument was introduced by the Governor-General in Council, under the authority vested in the Defence Act, to provide immediate effect to the regulation amidst the exigencies of wartime. The policy objective was to ensure the rapid and efficient requisitioning of essential goods and animals required for naval and military purposes, by enabling the Minister of Defence to issue requisitioning authorities to specified individuals, who could then request or seize the required items from their owners. Compensation for the requisitioned items was to be determined by a specially appointed board, with the possibility of judicial review.
Scope and Application
This Provisional Regulation, issued under the Defence Act 1903-1912, applies specifically to the requisitioning of various goods and animals for naval and military purposes during times of war. The regulation allows the Governor-General to authorise the Minister of Defence to issue requisitions to specified persons, who in turn can inspect and requisition specified articles or animals from their owners. Failure to comply with these requisitions within the stipulated time may result in the seizure of the specified items, with compensation determined by a board appointed by the Minister, subject to a final determination by a Supreme Court judge. The scope of the regulation is national, applying across the Commonwealth of Australia and it is intended to provide a framework for the urgent requisitioning of resources necessary for defence efforts. It does not specify exclusions or exemptions but relies on the discretion of the Minister of Defence in the issuance of requisitions.
Key Provisions
The key provisions of this Provisional Regulation under the Defence Act 1903-1912, as outlined in Regulation 627, provide mechanisms for requisitioning during times of war. Regulation 627(1) empowers the Governor-General to grant a general authority to the Minister of Defence, enabling them to requisition specified quantities and types of vehicles, animals, aerial machines, boats, vessels, or goods required for naval or military purposes. This authority can then be delegated by the Minister to other designated individuals. Regulation 627(2) allows those authorised by the Minister to inspect and requisition specified articles or animals from owners, with the right to seize them if not delivered within the specified timeframe. Compensation for requisitioned items or animals, as per Regulation 627(3), is initially assessed by a Board appointed by the Minister, with the final determination and appeal process handled by a Judge of the Supreme Court of a State.
The Provisional Regulation imposes several obligations on the parties it governs. Owners of the specified articles or animals must comply with requisitioning orders issued by authorised individuals, delivering the required items within the stipulated time. Those authorised to requisition must act in accordance with the authority granted by the Minister and ensure compliance by inspecting and seizing non-compliant items. The Minister of Defence must establish a Board to assess compensation for requisitioned items and make final determinations on compensation amounts, subject to judicial review.
Failure to comply with the requisitioning requirements or resist the seizure of items can lead to legal consequences. Under the Defence Act 1903-1912, non-compliance with requisitioning orders can be considered an offence. While the specific penalties are not detailed in the Provisional Regulation, breaches of the Defence Act could potentially result in criminal charges, fines, or other civil penalties as prescribed by the Act or relevant laws. The judicial review process for compensation disputes also provides a means to address grievances regarding the requisitioning process.