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

Overview

The Provisional Regulations under the Defence Act 1903-1912, enacted in 1913, were introduced to address the need for immediate operational adjustments within the military forces of the Commonwealth of Australia. This legislative instrument was issued by the Governor-General in Council, recognising the urgency of the matter. The policy objective, as stated in the text, is to ensure that officers appointed to the Royal Australian Garrison Artillery are posted to the appropriate districts, with specific attention given to their probationary duties and permanent appointments. This regulation provides a framework to facilitate the efficient deployment of military personnel, ensuring they are assigned to areas where their skills are most needed during their initial service period.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically Amendment to C.M. Regulation 71, pertain to the military forces of the Commonwealth of Australia. This legislation applies to officers within the Royal Australian Garrison Artillery, particularly those on first appointment. It mandates that, barring special circumstances approved by the Minister, such officers should be posted to the district where the vacancy exists, with their duty being allotted to the Royal Australian Garrison Artillery in the 2nd Military District during their probationary period, and Sydney designated as the location for their initial permanent appointment. The regulation operates within the jurisdictional reach of the Commonwealth, enforced by the Governor-General in conjunction with the Federal Executive Council, and it comes into immediate effect due to its urgent nature. There are no stated exclusions or exemptions within the text of the regulation, and its application may be further extended or restricted through subsequent subordinate instruments.

Key Provisions

The main operative sections of this provisional regulation (Regulation 71A) pertain to the initial posting and duty assignment for officers appointed to the Royal Australian Garrison Artillery. Specifically, section 71A states that, except under special circumstances approved by the Minister, an officer appointed to this role will be posted to the district where the vacancy exists. However, during their probationary period, they will be assigned to duty in the Royal Australian Garrison Artillery within the 2nd Military District, with Sydney considered the location of their initial permanent appointment. This regulation imposes certain obligations on the parties it governs. Officers appointed to the Royal Australian Garrison Artillery must adhere to the provisions outlined in section 71A unless they receive special approval from the Minister for an alternative arrangement. The regulation also dictates that during the probationary period, these officers will serve in the 2nd Military District and be considered to have taken up their permanent appointment in Sydney, even if they are stationed elsewhere temporarily. Failure to comply with the provisions of this regulation may result in disciplinary action or other consequences as deemed appropriate by the authorities. Although the regulation does not explicitly state penalties for non-compliance, it is implied that breaches could lead to administrative or judicial consequences, depending on the severity and circumstances of the breach. The absence of specific penalties in the regulation suggests that the consequences would be determined on a case-by-case basis, potentially involving administrative review, penalties, or other corrective measures deemed necessary by the relevant authorities.