STATUTORY RULES.
1910. No. 45.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
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 Acts 1903-1904 should come into operation on and from the 1st July, 1910, and to make the Regulation to come into operation accordingly as a provisional Regulation.
Dated this thirty-first day of May, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Regulation 106a is cancelled, and the following substituted:—
106a.—In the case of officers of the Citizen Forces, the following certificates will be accepted instead of examination:—
(a) Garrison Artillery.—A 2nd Class Gunnery Staff Course or 1st Class Short Course Certificate, if obtained within five years of the date of examination, instead of examination in “Artillery” (special subject).
(b) Field and Garrison Artillery.—A “Good” Certificate obtained within two years of the date of examination at a School of Instruction for Field or Garrison Artillery instead of the practical examination in Drill, and Field Training.
(c) Light Horse and Infantry.—A “Good” Certificate obtained within two years of the date of examination at a School of Instruction for Light Horse or Infantry instead of examination in “Drill.”
(d) Other Arms.—A “Good” Certificate obtained within two years of the date of examination at a School of Instruction in Drill instead of the practical part of the subject for which the certificate was obtained.
C. 5164.—Price 3d.
(e) All Arms except Field Troops and Field and Fortress Companies, Corps of Australian Engineers.—A “Good” Certificate obtained within five years of the date of examination at a School of Instruction in Military Engineering instead of examination in that subject up to the rank of Captain.
(f) All Arms.—A “Good” Certificate obtained within five years of the date of examination at a School of Instruction in Map Reading and Field Sketching instead of examination in that subject up to the rank of Captain.
(g) Engineers.—A “Good” Certificate obtained within two years of the date of examination at a School of Instruction, in Submarine Mining or Electric Lighting; instead of the examination in the subject for which the certificate, was obtained.
The amendments published in Statutory Rule No. 31/1910, to come into force on and from the 8th April, 1910, are hereby cancelled.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
Statutory Rules 1910 No. 45, titled "Regulations (Provisional) for the Military Forces of the Commonwealth," was enacted in 1910 to address the need for streamlined and provisional measures concerning the regulation and certification of military officers in the Citizen Forces under the Defence Acts 1903-1904. This legislative instrument was introduced by the Governor-General in Council to provide urgent and provisional adjustments to the military forces' operational standards, ensuring that the regulations could be adapted swiftly in response to the evolving needs of the military. The enactment by the Federal Executive Council aimed to facilitate the transition and integration of provisional certificates in lieu of traditional examinations for various military roles, thereby enhancing the efficiency and readiness of the Citizen Forces.
Scope and Application
This provisional statutory rule, numbered 1910. No. 45, applies to officers within the Citizen Forces of the Commonwealth of Australia, specifically those involved in various arms of the military such as Garrison Artillery, Field and Garrison Artillery, Light Horse, Infantry, and Engineers. The rule sets out alternative qualifications, in the form of certificates from recognised Schools of Instruction, that can be accepted in lieu of specific examinations for certain subjects like artillery, drill, map reading, and military engineering. These certificates must be obtained within a certain timeframe, which varies depending on the specific military arm and subject matter, to be valid for acceptance. The rule's jurisdiction is federal, applying across the Commonwealth of Australia, and it supersedes previous amendments published in Statutory Rule No. 31/1910. This provisional regulation is in force from the 1st July, 1910, and any subordinate instruments or further amendments will extend or modify its application as necessary.
Key Provisions
The main operative sections of these Provisional Regulations, as outlined in Statutory Rule No. 45 of 1910, introduce modifications to the certification requirements for officers within the Citizen Forces. Specifically, Section 106a provides alternatives to the traditional examination process for various military arms and subjects. For example, a "2nd Class Gunnery Staff Course" or a "1st Class Short Course Certificate" can replace the examination in "Artillery" for Garrison Artillery officers if obtained within five years of the date of examination (subsection 106a(a)). Similarly, a "Good" Certificate obtained within two years from a School of Instruction for Field or Garrison Artillery can substitute for the practical examination in Drill and Field Training for Field and Garrison Artillery (subsection 106a(b)). These provisions apply to various other military arms and subjects, such as Light Horse, Infantry, and Military Engineering, as detailed in subsections (c) through (f).
The obligations imposed by these regulations on the parties or entities they govern are primarily related to the acceptance of specified certificates in lieu of examinations for officers of the Citizen Forces. These certificates must be obtained from recognised Schools of Instruction within the stipulated timeframes to be considered valid. For instance, an officer must obtain a "Good" Certificate within two years from a relevant School of Instruction to replace the examination in Drill for Light Horse or Infantry (subsection 106a(c)). These requirements ensure that the officers maintain a certain level of competency and training without the need for periodic examinations.
Any breach of these regulations, though not explicitly detailed in the statutory rule, would likely result in consequences under the Defence Acts 1903-1904. The precise penalties for non-compliance are not specified in the rule itself but may be subject to the broader provisions of the Defence Acts. Typically, failure to meet the certification requirements could lead to disciplinary action or disqualification from service, depending on the severity of the breach and the specific circumstances. The maximum penalties, however, would be determined by the Defence Acts and relevant military disciplinary codes, which could range from administrative penalties to more severe consequences depending on the breach's nature and impact.