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

Overview

Statutory Rules 1912 No. 206, issued under the Defence Act 1903-1912, was enacted to address the need for immediate amendments to military regulations, particularly concerning the firing of salutes at specific military stations across Australia. The urgency of the regulation necessitated its immediate operation, as certified by the Governor-General acting on the advice of the Federal Executive Council. The regulation was designed to update and clarify the locations authorised for the firing of salutes, thereby ensuring a consistent and formal protocol was maintained in recognition of foreign man-of-war and other ceremonial occasions. This legislative instrument was created to swiftly respond to the operational requirements of the military forces and to maintain order and discipline within the specified military districts.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1912, specifically Statutory Rule 1912 No. 206, pertains to the amendment of Commonwealth Military Regulation 35, which concerns the firing of salutes at military stations. This regulation applies to military districts across the Commonwealth of Australia and designates specific locations where salutes, both to foreign man-of-war and for other occasions, are authorised. The application is confined to the military installations listed in the regulation, such as Queen’s Park in Brisbane, South Head in Sydney, and Fort Gellibrand in Williamstown, among others. The regulation is effective across the entire Commonwealth, encompassing all states and territories. However, the regulation does not extend to other types of salutes or military ceremonies that are not explicitly listed. The regulation is a provisional measure, indicating that it is subject to future amendments or replacement by more comprehensive legislation.

Key Provisions

The key provision of these Provisional Regulations under the Defence Act 1903-1912 is the amendment of Regulation 35 (Reg 35), which lists the specific locations where salutes are authorised to be fired in each military district. This regulation identifies particular sites within each of the six military districts where salutes can be conducted, distinguishing between salutes for foreign man-of-war and other salutes (Reg 35). The list includes sites such as Queen's Park in Brisbane, South Head in Sydney, and Government Domain in Melbourne, among others. Under these regulations, the obligations imposed on the military forces and relevant authorities include ensuring that salutes are only fired at the specified locations listed in Regulation 35. This means that any military personnel or entities responsible for conducting salutes must strictly adhere to these designated sites. Failure to comply with these locations could potentially lead to unauthorised activities or breaches of protocol, which might have legal or disciplinary consequences. There are no explicit offences, penalties, or civil/criminal consequences mentioned in these Provisional Regulations. However, non-compliance with the specified locations for firing salutes could still result in disciplinary actions or other internal military sanctions, as breaches of military regulations often lead to such outcomes. Given the nature of the regulation and its focus on procedural matters, it is likely that any violations would be handled internally within the military framework, rather than through formal legal penalties.