STATUTORY RULES.
1913. No. 107.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
amendment to C. M. Regulation 134.
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 Regulation under the Defence Act 1903-1912 should come into immediate operation and, further, should be taken to have come into operation on and from the 10th April, 1913, and make the Regulation to come into operation accordingly ns a Provisional Regulation.
Dated this twenty-third day of April, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Ages for Retirement.
Regulation 134─
In table of ranks &c., showing age for retirement─
After “Lieutenants”
Add─
“Officers of the Army Medical Corps (Citizen Forces) | Captains Higher ranks | … … | 57 60 |
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4714.—Price 3d.
Overview
Statutory Rules 1913 No. 107, enacted as a Provisional Regulation under the Defence Act 1903-1912, was introduced to address the urgency in amending the retirement ages for certain military ranks, particularly those in the Army Medical Corps. The Governor-General in Council issued this regulation to ensure immediate operational effect, effective from April 10, 1913, recognising the necessity to swiftly update the provisions concerning the military forces. The policy objective of this regulation is to adjust the age criteria for retirement for specific ranks within the military, thereby ensuring that the regulations remain relevant and appropriate to the changing needs of the defence force.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically amending Regulation 134, apply to the military forces of the Commonwealth of Australia. These regulations pertain to the alteration of retirement ages for various ranks within the forces, notably introducing specific retirement ages for officers of the Army Medical Corps in the Citizen Forces. The amendment specifies that Captains and higher ranks within the Army Medical Corps will have a retirement age of 60, thereby extending their service period compared to other ranks such as Lieutenants. The regulation's immediate effect underscores its urgency and importance, reflecting a strategic decision to retain experienced medical officers within the military. The geographic reach of these regulations is national, applying uniformly across all states and territories of Australia, ensuring consistency in military personnel management. Any exclusions or exemptions are not explicitly stated within this specific regulation, and the application is not extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of this Provisional Regulation under the Defence Act 1903-1912 amend Regulation 134, specifically altering the age for retirement of certain military ranks (Regulation 134). This amendment introduces a new entry into the table of ranks and corresponding retirement ages by adding the "Officers of the Army Medical Corps (Citizen Forces)" with specified retirement ages for different ranks. For instance, "Captains" are set to retire at age 57, while "Higher ranks" will retire at age 60 (Regulation 134).
The Provisional Regulation imposes specific obligations on the military personnel affected by this amendment. Officers of the Army Medical Corps (Citizen Forces) must adhere to the new retirement ages set out in the Regulation. This means that "Captains" must retire at age 57, and "Higher ranks" must retire at age 60. These requirements are designed to ensure a structured and organised transition of service responsibilities within the military hierarchy.
There are no explicit offences, penalties, or consequences for non-compliance mentioned in the Regulation. However, failure to comply with the mandatory retirement ages could lead to administrative actions or service disruptions, as the Regulation is intended to enforce a clear protocol for the orderly management of military personnel. The lack of specified penalties in the text suggests that adherence to these regulations is expected to be voluntary and self-enforced by the military authorities.
The Provisional Regulation, while urgent and immediately effective, is subject to future review and formal legislation. This means that the changes introduced by this Regulation are temporary and will need to be ratified or altered by subsequent legislative actions. This interim nature of the Regulation highlights the urgency and importance of the amendments but also indicates that they are not yet part of the permanent legal framework.
In summary, the Provisional Regulation amends the retirement ages for certain ranks within the Army Medical Corps, imposing clear obligations on affected personnel to retire at the specified ages. While the Regulation does not detail explicit penalties for non-compliance, adherence to these mandatory retirement ages is expected to maintain the operational efficiency of the military forces. The temporary nature of the Regulation underscores the need for its eventual formal incorporation into the Defence Act.