STATUTORY RULES.
1913. No. 252.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Regulations (Provisional) for the Military Forces or the Commonwealth—Regulation 562a—Amendment.
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 this first day of October, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
Regulation 562a—Delete first paragraph which reads:—
“The general safety precautions to be observed, and also the prescribed distances referred to in Section 72 of the Act, outside of which all ships, boats, or persons must keep shall for Artillery Practice on Sea Fronts, be those prescribed in ‘Instructions for Practice Seawards, Royal Garrison Artillery’ published annually.”
and substitute therefor:—
“The general safety precautions to be observed in connexion with Artillery Practice on Sea Fronts shall, subject to the next paragraph of this regulation, be those prescribed in Instructions for Practice Seawards, Royal Garrison Artillery’ published annually.
“For the purpose of Section 72 of the Act, a ship, boat, or person shall be deemed to have come or remained within the prescribed distance of a battery, or gun, engeged in artillery practice, if it or he comes or remains within the following areas:—
“For all Defended Ports with the exception of Port Jackson, a rectangular area measuring in length 11,000 yards from the battery or gun engaged in practice, in the direction of the line of fire, and in breadth 2 miles, being 1 mile on each side of the line of fire.
“For Port Jackson the area will be:—A rectangular area measuring in length 15,000 yards from the battery or gun engaged in practice, in the direction of the line of fire, and in breadth 2 miles, being 1 mile in each side of the line of fire.”
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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.12460—Price 3d.
Overview
The Statutory Rules of 1913, specifically No. 252, comprise Provisional Regulations under the Defence Act 1903–1912. Enacted with the urgency necessitated by the circumstances of the time, these regulations were introduced to amend the safety precautions for artillery practice on sea fronts, as part of the broader military preparedness measures. The enacting authority was the Governor-General in Council, acting under the provisions of the Defence Act to ensure that the military forces of the Commonwealth could operate with the necessary safeguards. The overarching policy objective was to refine and adapt the safety protocols to better cater to the specific geographical and tactical contexts of Australian defended ports, particularly in the context of evolving military practices and needs.
Scope and Application
The Provisional Regulations for the Military Forces of the Commonwealth, specifically Regulation 562a, amends the general safety precautions to be observed during artillery practice on sea fronts as outlined under the Defence Act 1903–1912. This regulation applies to all military forces operating within the Commonwealth of Australia, ensuring that they adhere to the specified safety measures to prevent accidents and protect personnel and property. The geographic scope of these regulations extends to all defended ports, including Port Jackson, and requires compliance with the prescribed distances where ships, boats, or persons must remain clear of active artillery practice areas. The regulation defines the specific areas where safety measures must be enforced, with different parameters for ports other than Port Jackson and for Port Jackson itself. This amendment replaces the previous regulation which referenced the annual 'Instructions for Practice Seawards, Royal Garrison Artillery' with a more explicit delineation of safety zones. The Provisional Regulations come into immediate effect, reflecting the urgency in updating safety protocols for military operations.
Key Provisions
The main operative sections of this legislation concern the safety precautions to be observed during artillery practice on sea fronts. Section 72 of the Defence Act 1903–1912 is amended by Regulation 562a, which specifies the areas within which ships, boats, or persons must not come or remain when artillery practice is underway. Previously, the distances and safety measures were detailed in the 'Instructions for Practice Seawards, Royal Garrison Artillery' published annually. The new regulation defines specific distances for different locations, with a 11,000-yard length and 2-mile breadth for defended ports other than Port Jackson, and a 15,000-yard length and 2-mile breadth for Port Jackson. This regulation seeks to ensure the safety of maritime activities in the vicinity of artillery practice.
Under this Act, there are specific obligations and requirements imposed on military forces and other entities involved in artillery practice on sea fronts. Military personnel must adhere to the prescribed safety distances and precautions as outlined in the regulation. Additionally, any ships, boats, or persons operating in areas close to where artillery practice is taking place must ensure they remain outside the specified safety zones to avoid potential hazards. Compliance with these safety measures is essential to prevent accidents and ensure the safety of both military operations and civilian maritime activities.
The Act also outlines potential consequences for breaches of the safety regulations. While the statutory rules do not explicitly detail specific offences, penalties, or consequences for non-compliance, breaches of safety regulations can potentially lead to civil or criminal liability under broader Australian laws, such as the Defence Act 1903–1912 and common law principles of negligence. The specific penalties for such breaches would depend on the nature and severity of the violation, but could include fines, imprisonment, or other legal remedies available under Australian law.