STATUTORY RULES.
1907. No. 33.
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 Regulation under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 25th day of April, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
THOS. EWING.
Regulations for the Military Forces of the Commonwealth.
Amendment.
Regulation 540 is amended by the following addition:—
After sub-paragraph (3) under the heading “B.—For Reconstruction, Alteration, or Repair of Rifle Ranges,” the following is inserted as a separate paragraph:—
“In the case of a range which has been constructed by a Rifle Club and which is used by a Military Unit the same conditions will apply with reference to repairs and maintenance that govern such expenditure on Military Ranges. No money will be paid to a Rifle Club as rent in consideration of its range being used by a Military Unit.”
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.4931.—Price 3d.
Overview
Statutory Rules 1907 No. 33, enacted as Provisional Regulations under the Defence Acts 1903–1904, was introduced to address the need for a clear and uniform approach to the maintenance and repair of rifle ranges used by both military units and rifle clubs. This legislative instrument was issued on 25 April 1907 by the Governor-General, Northcote, acting on advice from the Federal Executive Council, recognising the urgency of establishing such regulations. The policy objective underpinning these regulations was to ensure that the maintenance and repair of rifle ranges used by military units are treated consistently with those used exclusively for military purposes, without any financial compensation to the rifle clubs involved. This was achieved through the amendment of Regulation 540, which explicitly states that no rent will be paid to rifle clubs for the use of their ranges by military units, thereby streamlining the administrative and financial management of these facilities.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904, as amended, pertain to the military forces of the Commonwealth and address specific conditions concerning the reconstruction, alteration, or repair of rifle ranges. These regulations apply to entities such as Military Units and Rifle Clubs that own or operate rifle ranges, particularly when these ranges are used by Military Units. The scope of the Act extends to ensuring that when a rifle range constructed by a Rifle Club is used by a Military Unit, the same conditions governing repairs and maintenance for military ranges will apply. Notably, the regulations explicitly state that no rent will be paid to a Rifle Club for the use of its range by a Military Unit. These provisions are enacted at the Commonwealth level, ensuring a uniform approach across the nation. The regulations do not specify exclusions or exemptions, but they are subject to further modification or clarification through subordinate instruments.
Key Provisions
The primary operative section of this Statutory Rule is Regulation 540, which is amended to include a new paragraph concerning the maintenance and use of rifle ranges constructed by Rifle Clubs but utilised by Military Units. Specifically, section (3) under the heading "B.—For Reconstruction, Alteration, or Repair of Rifle Ranges" now includes a new provision stating that the same conditions governing the expenditure on Military Ranges will apply to repairs and maintenance of Rifle Club ranges used by Military Units (Reg. 540). Additionally, it explicitly states that no rent will be paid to Rifle Clubs for the use of their ranges by Military Units.
These regulations impose specific obligations on Rifle Clubs and Military Units regarding the maintenance and use of rifle ranges. Rifle Clubs are required to maintain their ranges in a condition that meets the standards applicable to Military Ranges, and they must not expect payment for the use of their ranges by Military Units. On the other hand, Military Units are obligated to use Rifle Club ranges in compliance with the same maintenance and repair conditions as they would with Military Ranges. This ensures uniformity in the upkeep and utilisation of ranges across the board.
The Statutory Rule does not explicitly outline specific offences or penalties for breaches of these provisions. However, any failure to comply with the stipulated conditions for the maintenance and use of rifle ranges could potentially lead to legal consequences under the Defence Acts 1903–1904 or other applicable legislation. Depending on the nature and severity of the breach, consequences could range from administrative penalties to more severe disciplinary actions against the involved parties.
It is also worth noting that while the Statutory Rule itself does not detail maximum penalties, any breach of the Defence Acts 1903–1904 or related provisions could attract penalties as specified in those acts. Such penalties could include fines or imprisonment, depending on the offence's gravity and the specific provisions of the Defence Acts.