STATUTORY RULES.
1914. No. 29.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
(Regulations for the Military Forces of the Commonwealth—Regulation 11—Amendment.)
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, herby 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 25th day of November, 1913, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this twenty-fifth day of March, One thousand nine hundred and fourteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendment.
Regulation 11.—After the second paragraph, which reads—
“In the case of a District Commandant being temporarily absent from his District, or unable for temporary reasons to perform his duties, the functions of his command may be administered by the senior or other staff officer present, subject to the approval of the Military Board.”
Insert—
“In the event of the office of District Commandant becoming vacant the senior or other shall officer in the District may be appointed by the Governor-General to temporarily administer the functions of command pending the appointment of a successor to the District Commandant.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.3585.—Price 3d.
Overview
The Statutory Rules of 1914, specifically No. 29, pertain to provisional regulations under the Defence Act 1903-1912, aimed at amending the military forces of the Commonwealth. These regulations, enacted by the Governor-General, with advice from the Federal Executive Council, address the urgency of establishing interim command procedures within the military forces. The policy objective of these regulations is to ensure continuity and effective administration of military districts in the absence or temporary incapacity of a District Commandant, as well as in instances where the office of District Commandant becomes vacant. This legislative instrument seeks to provide a structured approach for the temporary administration of military districts, thereby maintaining operational efficiency and stability within the military framework.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 pertain specifically to the governance and administrative functions of the Military Forces of the Commonwealth. This legislative instrument applies to military personnel and officers within the Commonwealth, including those in the role of District Commandants or acting in their stead. The regulations are designed to ensure continuity of command in the event of temporary absences or vacancies within the military hierarchy, thereby maintaining operational effectiveness. The geographic scope of these regulations is national, extending to all military districts within the Commonwealth of Australia. These regulations do not explicitly state exclusions or thresholds; however, they operate under the overarching framework of the Defence Act 1903-1912. The application of these regulations may be further refined or expanded through subordinate instruments, which allow for detailed provisions and operational adjustments in line with military requirements and circumstances.
Key Provisions
The primary operative sections of the Provisional Regulations under the Defence Act 1903-1912 (section 1) focus on amending Regulation 11. Specifically, the amendment introduces a new provision to address situations where the office of District Commandant becomes vacant. The new text inserted states that, in such a case, the senior or other officer present in the District may be appointed by the Governor-General to temporarily administer the functions of command until a successor is appointed to the District Commandant position (Regulation 11, as amended). This amendment ensures continuity of command in the absence of a permanent District Commandant.
The Provisional Regulations impose specific obligations on military personnel and administrative bodies. For instance, when a District Commandant is temporarily absent or unable to perform their duties, the functions of command may be administered by the senior or other staff officer present, subject to the approval of the Military Board (Regulation 11, original text). Furthermore, in cases where the office of District Commandant is vacant, the Governor-General must appoint a senior or other officer to temporarily administer the functions of command (Regulation 11, as amended). These obligations ensure that there is always a designated person responsible for the administration of command within a district, even in temporary or transitional periods.
Breaches of the Provisional Regulations under the Defence Act 1903-1912 can lead to various consequences, depending on the nature and severity of the breach. While the specific offences, penalties, and consequences are not detailed in the provided text, it is reasonable to infer that failure to adhere to the outlined procedures for command administration could result in disciplinary actions, including potential criminal charges under the Defence Act. The exact penalties would depend on the specific circumstances of the breach and any additional relevant legislation governing military conduct and discipline at the time.