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

Overview

The Statutory Rules 1913 No. 132, issued under the Defence Act 1903-1912, was enacted to address the urgent need to regulate the military forces of the Commonwealth more effectively. This provisional regulation, introduced by the Governor General in Council, aims to establish a new rule concerning the resignation of commissions by officers prior to their attestation in the corps of Staff Cadets at the Royal Military College of Australia. The regulation, which came into immediate operation due to its urgency, was designed to ensure a more streamlined process for the transition of cadets into the military, thereby enhancing the overall efficiency and structure of the military forces. The policy objective here is to maintain discipline and order within the military ranks, particularly in the early stages of cadet training and commission.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically New Commonwealth Military Regulation 58a, applies to officers admitted to the Royal Military College of Australia as Staff Cadets. This regulation mandates that such officers must resign their commission prior to their attestation in the corps of Staff Cadets. The regulation is a Commonwealth instrument, thus its application is national in scope, governed by federal laws and regulations. As a provisional regulation, it is subject to the overarching Defence Act 1903-1912, and any further specifications or modifications would be implemented through subordinate instruments under the authority of this act. The regulation does not specify any exclusions, exemptions, or thresholds, but its application is limited to the context of military commissions and the training of military cadets within the Royal Military College of Australia.

Key Provisions

The key provision introduced by the Provisional Regulation 58a, found at the end of Regulation 58 of the Regulations (Provisional) for the Military Forces of the Commonwealth, mandates that any officer admitted to the Royal Military College of Australia as a Staff Cadet must resign their commission before their attestation in the corps of Staff Cadets (Regulation 58a). This requirement ensures that the officer's status and responsibilities are properly aligned with their new role at the College. Under this regulation, the primary obligation imposed on the affected officers is to formally resign their current commissions prior to being attested as Staff Cadets. This transition is crucial for the proper administration and management of the military training process at the Royal Military College of Australia. Failure to comply with this provision could lead to complications in the officer's enrollment and participation in the cadet program. In the event of a breach of this regulation, there are potential legal consequences. While the specific penalties are not detailed within the text of this Provisional Regulation, it is likely that non-compliance could lead to disciplinary actions under the Defence Act 1903-1912 or other applicable military regulations. These consequences could range from administrative penalties to more severe disciplinary measures, depending on the circumstances and the discretion of the relevant military authorities.