STATUTORY RULES.
1911. No. 130.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
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 Regulations under the Defence Act 1903–1910 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this thirteenth day of September, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations (Provisional) for the Military Forces of the commonwealth.
——
Amendments.
C.M. Regulations 142a and 143 be cancelled, and the following substituted therefor—
142a. Appointment and promotion to paid non-commissioned ranks in the Royal Australian Field Artillery, Royal Australian Garrison Artillery, and Royal Australian Engineers, will be made by the Adjutant-General, on the recommendation, in the case of the Royal Australian Garrison Artillery, of the Officer Commanding; and in the case of the Royal Australian Field Artillery and Royal Australian Engineers, of the Chief of Ordnance.
In the other arms of the Permanent Forces, District Commandants and Commanding Officers are empowered to appoint non-commissioned officers below the rank of sergeant; promotion to and above the rank of sergeant will be made by the Adjutant-General.
143. All warrant officers of the Permanent Forces will be appointed by the Adjutant-General.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.11859.—Price 3d.
Overview
The Statutory Rules of 1911, No. 130, introduce Provisional Regulations under the Defence Act 1903–1910, effective immediately due to urgency. Enacted by the Governor-General in Council, these regulations address the need for swift administrative adjustments within the military forces of the Commonwealth. The primary aim is to streamline the appointment and promotion processes for non-commissioned officers in specified military units. The regulations specify the roles and responsibilities of various officers in the appointment and promotion of non-commissioned ranks, providing clarity and structure in military hierarchies.
These Provisional Regulations were designed to fill a critical gap by offering a temporary solution to ensure efficient and organised management of personnel within the military. The urgency in their enactment reflects the necessity to respond promptly to operational requirements while the Defence Act 1903–1910 undergoes further refinement. The regulations are published by the Government Printer for the State of Victoria, ensuring their availability and enforcement across the Commonwealth.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1910 pertain to the management and governance of the military forces within the Commonwealth of Australia. These regulations specifically address the appointment and promotion of personnel within various branches of the Royal Australian Artillery, Royal Australian Garrison Artillery, and Royal Australian Engineers. The scope of these regulations applies to the personnel of these military units, with specific provisions for the appointments and promotions within non-commissioned ranks. For instance, appointments and promotions to paid non-commissioned ranks in the Royal Australian Garrison Artillery, Royal Australian Field Artillery, and Royal Australian Engineers are to be conducted by the Adjutant-General, following recommendations from the Officer Commanding for the Garrison Artillery and the Chief of Ordnance for the Field Artillery and Engineers. Conversely, in other arms of the Permanent Forces, District Commandants and Commanding Officers are authorised to appoint non-commissioned officers below the rank of sergeant, with higher rank promotions still overseen by the Adjutant-General. Additionally, all warrant officers within the Permanent Forces are appointed by the Adjutant-General. These regulations establish clear protocols for military personnel management and outline the jurisdictional authority vested in specific roles within the Australian military hierarchy.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Act 1903–1910, particularly sections 142a and 143, outline the procedures for appointments and promotions within specific military units. Section 142a details the appointment and promotion processes for non-commissioned ranks in the Royal Australian Field Artillery, Royal Australian Garrison Artillery, and Royal Australian Engineers. It specifies that appointments and promotions in these units will be managed by the Adjutant-General, with recommendations coming from designated officers such as the Officer Commanding for the Royal Australian Garrison Artillery and the Chief of Ordnance for the Royal Australian Field Artillery and Royal Australian Engineers. In contrast, for other arms of the Permanent Forces, District Commandants and Commanding Officers are given the authority to appoint non-commissioned officers below the rank of sergeant, while promotions to and above the rank of sergeant are still overseen by the Adjutant-General. Section 143 further mandates that all warrant officers within the Permanent Forces will be appointed by the Adjutant-General.
These regulations impose clear obligations on various military personnel. The Adjutant-General must follow specific recommendation protocols when considering appointments and promotions for certain units. Additionally, District Commandants and Commanding Officers have the responsibility of appointing non-commissioned officers below the rank of sergeant in other arms of the Permanent Forces, while the Adjutant-General retains the authority for higher-ranking promotions within these units. Moreover, the Adjutant-General must personally oversee the appointment of all warrant officers in the Permanent Forces, ensuring a structured and hierarchical approach to military personnel management.
Failure to comply with these regulations could result in significant consequences. While the specific legal repercussions are not detailed in the provided text, it is reasonable to infer that breaches of these provisional regulations could lead to disciplinary actions against the involved officers or personnel. Such actions might include formal reprimands, demotions, or even dismissal from service, depending on the severity and nature of the breach. The overarching objective of these regulations is to maintain a well-ordered and efficient military force, and non-compliance could undermine this goal, leading to potential penalties for the responsible parties.