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

Overview

The Statutory Rules 1913 No. 66, specifically the Provisional Regulations under the Defence Act 1903-1912, were enacted to address the urgent need for updated guidelines concerning the travel entitlements of members of Rifle Clubs within the Commonwealth Military Forces. This legislative instrument was introduced by the Governor-General in Council to amend the Commonwealth Military Regulation 553, effective immediately due to its urgency. The policy objective of this amendment is to provide clear and approved rules for the rail travel of Rifle Club members for practice and competitions, ensuring that these regulations are both efficient and acceptable to the Railway Department within their respective military districts.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically amending Commonwealth Military Regulation 553, applies to the members of Rifle Clubs within the Military Districts of the Commonwealth. These regulations mandate that District Commandants are responsible for drafting rules concerning the travel arrangements for Rifle Club members, which include free and half fare travel to rifle practice and competitions. These rules must be submitted to Headquarters for approval, and once approved, must be communicated to all Captains of Rifle Clubs within the respective Military Districts. The regulation specifically excludes non-efficient members from any travel concessions, reinforcing the criteria for eligibility. The regulations have a jurisdictional reach limited to the Commonwealth of Australia and are applicable only within the military framework outlined by the Defence Act. The application of these regulations is further extended or restricted through subordinate instruments, which may detail specific conditions and exceptions relevant to the circumstances of individual Military Districts.

Key Provisions

The primary operative sections of this Provisional Regulation pertain to the establishment of rules governing the railway travel of members within Rifle Clubs. Specifically, Section 553(1) mandates that District Commandants must propose rules for the railway travel of Rifle Club members to Headquarters for approval. These rules should include provisions for free travel to rifle practices and competitions, as well as half fare travel to competitions (subsections 553(1)(a), (b), and (c)). The District Commandants are also required to consult with the Railway Department within their district to ensure the acceptability of these rules before submission (subsection 553(2)). Upon approval by Headquarters, the District Commandants must issue these approved rules to all Captains of Rifle Clubs within their respective Military Districts, explicitly stating that no concessions will be granted to non-efficient members (subsection 553(3)). The Act imposes several obligations on the parties involved. District Commandants are required to submit recommendations to Headquarters for the approval of travel rules. They must ensure that these rules are reasonable and take into account the probable travel needs of Rifle Club members. This includes consulting with the Railway Department to ascertain the acceptability of the proposed rules. Furthermore, once approved, District Commandants must disseminate the approved rules to all relevant Rifle Club Captains within their districts, ensuring that all members are aware of the travel concessions available to them. The Provisional Regulation does not explicitly detail offences, penalties, or civil or criminal consequences for non-compliance. However, failure to adhere to the stipulated procedures for proposing and implementing travel rules could lead to practical difficulties in executing the travel arrangements for Rifle Club members. Additionally, not adhering to the requirement of consulting with the Railway Department might result in the proposed rules being deemed unacceptable, thereby delaying or preventing the implementation of necessary travel arrangements. The regulation's primary focus is on ensuring that Rifle Club members have clear and approved guidelines for their railway travel, while also ensuring that non-efficient members are not granted any travel concessions. This structured approach aims to maintain order and fairness within the Rifle Club framework, while facilitating the practical needs of its members. The Provisional Regulation underscores the importance of consultation and formal approval processes in implementing policies that affect the operational aspects of military forces.