STATUTORY RULES
1915. No. 100.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1915.
Commonwealth Military Regulations—Addition.
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 1903–1915 should come into immediate operation and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-first day of June, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations for the Military Forces of the Commonwealth of Australia.
Addition.
After Commonwealth Military Regulation 627 insert the following new Regulation:—
“628. (1) If the master, owner, charterer, or agent of any vessel is required by any authorized officer to carry any warlike stores from any port in Australia to any port to be called at by the vessel on her voyage and tenders such stores for carriage, the master, owner, charterer, or agent of the vessel shall (unless the vessel is not reasonably able to carry such stores) receive such warlike stores on the vessel and carry them accordingly.
(2) If the vessel in respect of which any warlike stores have been tendered for carriage leaves the port without shipping such stores the master, owner, charterer and agent of the vessel shall severally be liable to a penalty not exceeding Twenty pounds unless such master, owner, charterer, or agent proves to the satisfaction of the Court that the vessel was not reasonably able to carry such stores.
(3) Any authorized officer may detain any vessel which he believes is about to depart from any port without shipping any warlike stores which have been tendered for carriage and keep her so detained until such warlike stores have been shipped thereon or until he is satisfied that the vessel is not reasonably able to carry such stores.
C.6092.—Price 3d.
(4) The owner of the vessel or the charterer, if the vessel is under charter, shall be entitled to be paid freight at such reasonable rate as is agreed upon or in default of agreement is settled by arbitration.
(5) In this regulation “authorized officer” means any officer charged with the duty of shipping warlike stores for use of any naval or military force, and includes any officer appointed by the Minister to be an authorized officer for the purposes of this Regulation; and “warlike stores” means food, clothing, equipment, forage, and other stores for use by any naval or military force.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1915 No. 100, enacted in 1915, comprises the Provisional Regulations under the Defence Act 1903–1915, specifically the Commonwealth Military Regulations—Addition. These regulations were introduced by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, due to the urgency of the situation. The regulations aimed to address the need for the efficient and effective transportation of warlike stores for use by naval and military forces during a period of national need. The policy objective was to ensure that vessels were obligated to carry these essential supplies, with penalties for non-compliance, thereby supporting the operational requirements of the military in a time of crisis.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1915, specifically Commonwealth Military Regulation 628, apply to the master, owner, charterer, or agent of any vessel operating within Australia's maritime jurisdiction. These regulations mandate the carriage of warlike stores from any Australian port to the designated destination of the vessel, provided the vessel is reasonably capable of carrying such stores. Failure to carry these stores without a justifiable reason renders the master, owner, charterer, or agent liable to a penalty not exceeding Twenty pounds. Additionally, an authorized officer has the authority to detain any vessel suspected of departing without the tendered warlike stores until they are loaded or it is established that the vessel cannot reasonably accommodate them. The owner of the vessel or the charterer, if the vessel is chartered, is entitled to reasonable freight for the carriage of these warlike stores, with arbitration available if an agreement cannot be reached. The term "authorized officer" is defined broadly to include any officer tasked with shipping warlike stores for naval or military use, while "warlike stores" encompass food, clothing, equipment, forage, and other supplies intended for use by any naval or military force.
Key Provisions
The main operative sections of this regulation, Regulation 628, require the master, owner, charterer, or agent of a vessel to carry warlike stores from one port to another if directed by an authorized officer, unless the vessel is not reasonably able to carry such stores (subsection 628(1)). If a vessel leaves a port without shipping these stores, the master, owner, charterer, or agent is liable for a penalty unless they can prove that the vessel was not reasonably able to carry the stores (subsection 628(2)). Additionally, authorized officers are permitted to detain a vessel that they believe is about to leave without the warlike stores until they are either shipped or it is established that the vessel cannot carry them (subsection 628(3)).
These provisions impose several obligations on the parties involved. Firstly, the master, owner, charterer, or agent of any vessel must comply with the orders to carry warlike stores unless the vessel cannot reasonably do so. This includes accepting the stores for carriage and ensuring they are shipped to the destination port. Additionally, they must be prepared to demonstrate the vessel's inability to carry the stores if they are to avoid a penalty. The owner or charterer of the vessel is also entitled to be paid freight for carrying these stores at a rate agreed upon or determined by arbitration if no agreement can be reached (subsection 628(4)).
The regulation sets out specific consequences for non-compliance. Specifically, if the master, owner, charterer, or agent of a vessel fails to carry warlike stores as directed and the vessel departs without them, they each face a penalty of up to Twenty Pounds (subsection 628(2)). This financial penalty is a direct consequence of their failure to comply with the regulation. Moreover, an authorized officer has the authority to detain a vessel believed to be departing without the tendered warlike stores until the stores are shipped or it is determined that the vessel is incapable of carrying them (subsection 628(3)). This detention serves as a mechanism to ensure compliance with the regulation.
The regulation also clarifies the definition of key terms. An "authorized officer" is defined as any officer tasked with the responsibility of shipping warlike stores for naval or military use, including officers appointed by the Minister for this purpose (subsection 628(5)). "Warlike stores" are defined as food, clothing, equipment, forage, and other supplies intended for use by naval or military forces (subsection 628(5)). These definitions ensure that all parties understand the scope and application of the regulation.