STATUTORY RULES.
1909. No. 25.
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 Regulation to come into operation forthwith as Provisional Regulations.
Dated this 5th day of March, 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.
Regulation 179 is cancelled, and the following substituted—
“Any soldier of the Military Forces may, subject to the approval of the commanding officers concerned, be transferred at his own request from one regiment or corps to another, provided he fulfils the standard at physical fitness prescribed for the corps to which he is to be transferred, and provided that, if the soldier is transferred from the Reserve or Volunteer Forces to the Militia or Permanent Forces, he shall be again attested and medically examined. The fresh attestation shall be for the period laid down for the force to which he is transferred.”
Regulation 180, add—
“‘Commanding Officer,’ in the case of the Militia and Volunteer Forces, shall mean the officer commanding a squadron, battery or company.”
Regulation 191, delete the words—
“but a copy of all such certificates shall be kept in regimental and corps records.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.1837.—Price 3d.
Overview
The Statutory Rules of 1909, No. 25, Provisional Regulations under the Defence Acts 1903-1904, were enacted to address the urgent need for streamlined administrative processes within the Australian military forces. This legislative instrument was issued by the Governor-General in Council, aiming to provide immediate operational regulations to ensure the effective functioning of the military forces. The primary policy objective of these provisional regulations was to facilitate the transfer of soldiers between different regiments or corps under specific conditions, such as meeting the physical fitness standards of the new unit and undergoing re-attestation and medical examination if transferring from the Reserve or Volunteer Forces to the Militia or Permanent Forces. This legislation thus sought to provide flexibility and efficiency in military force management during a period of significant organisational change.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 apply to soldiers within the Military Forces of the Commonwealth, governing their transfer between regiments or corps. These regulations permit a soldier to request a transfer, subject to the approval of their commanding officers, provided they meet the requisite physical fitness standards for the destination corps. If the transfer involves moving from the Reserve or Volunteer Forces to the Militia or Permanent Forces, the soldier must undergo a fresh attestation and medical examination. These regulations pertain specifically to the administrative and operational aspects of the Military Forces, affecting the command structure and operational flexibility of the forces. The regulations are of national scope, applying across the Commonwealth of Australia and are intended to provide immediate operational guidance until further legislative amendments can be enacted. The stated provisions do not include specific exclusions or thresholds but do outline the necessary conditions and procedures for valid transfers, thus ensuring the smooth and orderly administration of military personnel movements within the Defence Forces.
Key Provisions
The Provisional Regulations under the Defence Acts 1903-1904, as certified by the Governor-General, introduce several key provisions primarily affecting the transfer of soldiers within the Military Forces (Reg. 179). These Regulations allow any soldier to request a transfer from one regiment or corps to another, provided they meet the physical fitness standards of the destination corps and, in certain cases, undergo re-attestation and a medical examination (Reg. 179). Furthermore, the term "Commanding Officer" for the Militia and Volunteer Forces is defined to mean the officer commanding a squadron, battery, or company (Reg. 180). Another notable amendment is the removal of the requirement to keep a copy of certificates in regimental and corps records (Reg. 191).
These Regulations impose specific obligations on soldiers and commanding officers. Soldiers who wish to transfer must not only meet the physical fitness standards but also obtain approval from their commanding officers (Reg. 179). Commanding officers, defined as those in charge of a squadron, battery, or company within the Militia and Volunteer Forces, have the authority to approve or deny transfer requests (Reg. 180). Additionally, the Regulations no longer require that copies of certificates be kept in regimental and corps records, simplifying administrative tasks (Reg. 191).
Breaches of the provisions within these Regulations may not be explicitly detailed within the provided text; however, non-compliance with these Regulations could potentially lead to disciplinary action or administrative consequences for soldiers and commanding officers alike. For instance, transferring without meeting the required standards or without proper approval could result in disciplinary measures from the military hierarchy. These consequences might include administrative penalties or other corrective actions as deemed appropriate by the commanding officers or higher authorities.