STATUTORY RULES.
1910. No. 110.
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 18th day of November One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By his Excellency’s Command,
G. F. PEARCE.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
After Regulation 198 insert—
“PERMANENT FORCES—INDUSTRIAL DISPUTES.
“198a. No member of the Permanent Military Forces shall be ordered or required to do any work or to act in the place of civilians who have refused to work because of some dispute as to wages, hours, or conditions of labour, unless and until the matter has been referred to the Minister, and his consent to the Permanent Military Forces doing such work has been obtained.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C. 16025.—Price 3d.
Overview
The Provisional Regulations under the Defence Acts 1903-1904, numbered 1910 No. 110, were enacted to address the urgent need to regulate the engagement of military personnel in industrial disputes. This legislative instrument was introduced to ensure that members of the Permanent Military Forces could not be compelled to replace civilian workers during labour disputes without explicit approval from the Minister. The urgency of the matter necessitated immediate implementation, thus these regulations came into force as Provisional Regulations. The enactment of these regulations was overseen by the Governor-General, acting on advice from the Federal Executive Council, underscoring the significance of this legislative intervention. The policy objective was to prevent the use of military personnel in civilian industrial conflicts without proper ministerial oversight, thereby maintaining the distinction between military and civilian duties.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, specifically Regulation 198a, address the involvement of members of the Permanent Military Forces in industrial disputes, ensuring that they do not replace civilian workers unless certain conditions are met. This regulation applies to all members of the Permanent Military Forces, prohibiting them from being ordered or required to do any work or act in place of civilians who have refused to work due to disputes concerning wages, hours, or conditions of labour. The regulation mandates that before such substitution can occur, the matter must be referred to the Minister, who must provide explicit consent for the Permanent Military Forces to undertake the work in question. This regulation operates within the Commonwealth of Australia and does not explicitly provide for any exclusions or exemptions, applying uniformly to all circumstances where civilian workers are on strike or refuse to work due to labour disputes.
The scope of these Provisional Regulations is limited to the actions of the Permanent Military Forces in the context of industrial disputes, aiming to prevent the military from being directly involved in labour conflicts. This regulation is part of a broader set of rules designed to govern the conduct and deployment of the military within the Commonwealth, ensuring that their role remains strictly within the parameters of national defence and security, and not in resolving labour-related issues. The regulation is an immediate measure, effective from its promulgation, and does not extend beyond the territorial limits of Australia, covering all members of the Permanent Military Forces without exception.
Key Provisions
The main operative section of this legislative instrument, inserted as Regulation 198a under the Defence Acts 1903-1904, prohibits members of the Permanent Military Forces from being ordered or required to perform any work or act in the place of civilian workers who have refused to work due to a dispute over wages, hours, or conditions of labour. This prohibition is in place unless and until the matter has been referred to the Minister and his consent for the Permanent Military Forces to perform such work has been obtained (198a). This regulation ensures that military personnel are not compelled to take part in resolving industrial disputes, maintaining a clear distinction between military and civilian labour practices.
The obligations and requirements imposed by this Act are primarily directed at the Minister. The Minister must review any request for military personnel to undertake work in the place of striking civilian workers and make a decision on whether to grant consent (198a). This process ensures that the Minister exercises oversight and control over the involvement of military personnel in labour disputes, aiming to prevent any undue influence or interference in civilian industrial relations.
In terms of offences, penalties, or consequences for breach, the statutory instrument does not explicitly outline specific penalties for non-compliance with Regulation 198a. However, it is implied that failure to adhere to this regulation could lead to legal repercussions, given that it is a Provisional Regulation under the Defence Acts 1903-1904. Typically, breaches of Defence Acts regulations could result in both civil and criminal penalties, depending on the severity and intent behind the breach. Civil penalties may include fines or compensation claims, while criminal penalties could result in imprisonment, reflecting the seriousness of circumventing established protocols for military personnel involvement in civilian labour disputes.