STATUTORY RULES.
1909. No. 55.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903–1904.
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 Acts 1903-1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 13th day of May, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
––––––
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendments.
In Regulation 121a—
For—
“Officers of the Citizen Forces,”
Read—
“Members of the Citizen Forces.”
After Regulation 121a, add:—
121b, (1) Officers applying for transfer under Regulation 121a, who are approved by the Military Board, will be required to pass the educational portion of the examinations referred to in Regulations 67 to 78, provided that any officer holding a higher rank than Lieutenant, and having not less than ten years’ service in the Defence Force, may be exempt, if he satisfies the Military Board that he has previously passed any educational test of an equivalent character.
(2) Officers who have passed the above examination will be required to pass the military examination authorized for the rank to which it is proposed that they be transferred.
(3) In the event of there being more approved applicants for transfer than vacant appointments, the examination referred to in sub-paragraph (2) will be competitive.
(4) When the vacancy is for a first appointment as Lieutenant or lower rank on the Administrative and Instructional Staff, the Royal Australian Artillery, or Royal Australian Engineers, members who have served for three years without a commission will, under Section 11 of the Defence Acts 1903-1904, be given an equal opportunity of competing.
(5) Officers of the Citizen Forces, transferred under Regulations 121A and 121B to a vacancy in the Permanent Forces of a lower rank, will continue to hold as Army rank their former rank in the Defence Force.
Printed and Published for the Government of the commonwealth of Australia by
J Kemp, Government Printer for the State of Victoria.
C.6247—Price 3d.
Overview
The Statutory Rules of 1909, No. 55, introduce Provisional Regulations under the Defence Acts 1903-1904, enacted to address urgent administrative and operational needs within the military forces of the Commonwealth. The Governor-General, acting with the advice of the Federal Executive Council, certifies the immediate implementation of these regulations due to their pressing nature. This legislative instrument aims to streamline the process of officer transfers and examinations, ensuring that members of the Citizen Forces meet specific educational and military standards before being considered for positions in the Permanent Forces. The regulations establish criteria for educational and military examinations, address competitive examinations in cases of surplus qualified applicants, and provide provisions for equal opportunities in certain appointments, reflecting a policy objective to maintain efficient and qualified military personnel within the Commonwealth.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904, enacted as Statutory Rules 1909 No. 55, apply specifically to members of the Citizen Forces and officers within the military framework of the Commonwealth of Australia. These regulations amend the existing structure for transfers and educational requirements for military personnel. They concern the procedures and criteria for officers applying for transfer between different components of the military forces, including the educational and military examinations necessary for such transfers. The regulations also address the competitive nature of these examinations and provide specific provisions for officers transferring to lower ranks in the Permanent Forces. The scope of these regulations extends across the military forces of the Commonwealth, ensuring a standardised approach to personnel transfers and educational requirements. Any exclusions or exemptions are specifically outlined in the detailed provisions of the regulations themselves, with particular attention to the service length and rank of the officers involved. These regulations come into immediate operation as Provisional Regulations and are designed to provide urgent, temporary measures to address the needs of the military forces in the Commonwealth of Australia.
Key Provisions
The main operative sections of the Provisional Regulations under the Defence Acts 1903-1904 concern the transfer of officers within the military forces, particularly focusing on educational and military examinations (Regulation 121b). Specifically, Regulation 121b(1) stipulates that officers applying for transfer must pass the educational portion of specified examinations unless exempted due to their rank and service history. Regulation 121b(2) further requires that officers who pass the educational exam must also pass the military examination relevant to the rank they seek. If there are more applicants than available positions, the military examination will be competitive, as detailed in Regulation 121b(3). Additionally, Regulation 121b(4) ensures that members who have served for three years without a commission have equal opportunity to compete for lower ranks in specific units. Regulation 121b(5) ensures that officers transferring from the Citizen Forces to the Permanent Forces maintain their former rank in the Defence Force.
The Act imposes several obligations on officers seeking transfer. Firstly, officers must pass the educational examination outlined in Regulations 67 to 78, unless they meet the exemption criteria specified in Regulation 121b(1). Secondly, officers must also pass the relevant military examination for the rank they wish to attain. For competitive positions, as per Regulation 121b(3), officers must perform well enough to secure a vacancy. Additionally, Regulation 121b(4) mandates that long-serving members without a commission be given equal opportunity to compete for lower ranks. Lastly, Regulation 121b(5) ensures that officers transferring to a lower rank in the Permanent Forces retain their previous rank in the Defence Force.
Breaches of these regulations could lead to administrative consequences, though the specific legal penalties are not explicitly stated in the provided text. Non-compliance with the educational or military examination requirements might result in the denial of transfer, effectively barring the officer from the desired position. Furthermore, if the equal opportunity provision in Regulation 121b(4) is not adhered to, it could lead to legal challenges regarding the fairness and legality of the transfer process. However, the text does not detail specific civil or criminal penalties for non-compliance, suggesting that the primary consequence is the denial of transfer or appointment rather than a punitive measure.