STATUTORY RULES.
1915. No. 123.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.
Regulations for the Military Forces of the Commonwealth, Regulations 160, 512, 540, 629.—Amendments.
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 Act 1903-1915 should come into immediate operation, and make the Regulations, to come into operation forthwith as Provisional Regulations.
Dated this twenty-first day of July, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General,
By His Excellency’s Command,
G. F. PEARCE.
Regulations for the Military Forces of The Commonwealth.
Amendments.
Regulation 160.—Sub-paragraph (e) is cancelled, and the following substituted therefor:—
“160 (e) Successful candidates will, as vacancies occur, be appointed on probation for a period not exceeding twelve months, and must, before the expiration of that period, be in possession of a certificate that they can write shorthand from dictation at the rate of at least 80 words a minute. After the expiration of not less than six months, and subject to the above-mentioned certificate being obtained, the appointment may be confirmed by the Military Board, if so recommended by the Commandant (or in the case of clerks appointed to the Central Administration, by the Staff Officer) under whom they are serving.”
At the end of Regulation 512 insert the following new Regulation:—
“512a. Officers who are members of a Committee of Management of any canteen or regimental institute, or who are trustees or ex-officio trustees of any fund which exists or is raised for the benefit of the members of a unit, shall be personally responsible for the moneys of any such canteen, institute or fund, and may be called upon by the Military Board to make good any deficiencies therein if the Military Board is satisfied that such deficiencies were caused directly or indirectly by any default, neglect, or want of proper supervision on the part of such officers.”
C.8799.—Price 3d.
Regulation 540.—The first sub-paragraph is cancelled, and the following substituted therefor:—
“540a. (1) Any Rifle Club which established a miniature rifle range may receive a grant towards its construction, subject to provision being made by Parliament, and provided that such grant shall not exceed £30 of any unexpended balance of the grant for the construction of its main range as laid down in Regulation 540 (a). If the unexpended balance is less than £30, then only such balance shall be allowed, except with the approval of the Minister who may, notwithstanding that the balance available is less than £30, authorize a grant not exceeding that amount for an individual club, or where a number of clubs unite for the building of a joint or central range, such amount as he may consider expedient.”
Regulation 629.—After 628 insert the following new Regulation:—
“629. Any person who falsely represents himself whether by word, act, or conduct, as being authorized by the Defence Department or any officer thereof, to do any act or thing on behalf of or in the interests of the Department, or who misleads or attempts to mislead any person by any unauthorized representation as to any act or intended act on the part of the Commonwealth Government, the Department of Defence or any officer thereof in relation to any matter concerning the defence of the Commonwealth or the administration of the Defence Department, shall be guilty of an offence, and shall, on conviction by a court of summary jurisdiction, be liable to a penalty not exceeding Twenty pounds or imprisonment with or without hard labour for a period not exceeding three months.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1915, No. 123, titled "Provisional Regulations under the Defence Act 1903-1915," were enacted to address the urgent need to amend existing regulations governing the Military Forces of the Commonwealth. These regulations were issued by The Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in response to the pressing requirements of the time. The objective of these regulations was to swiftly implement changes to military administration, including modifications to the appointment and confirmation processes for military personnel, as well as the responsibilities of officers in managing military funds and canteens. Additionally, the regulations aimed to provide financial support for the construction of miniature rifle ranges and to impose penalties for the unauthorized representation of military or government authority. These amendments were designed to ensure the efficient and effective operation of the military forces during a period of national urgency.
Scope and Application
The Statutory Rules 1915 No. 123 under the Defence Act 1903-1915 amend various regulations governing the Military Forces of the Commonwealth. These regulations apply to individuals who are successful candidates for appointment within the military forces, officers who serve on committees or are trustees of funds for canteens or regimental institutes, Rifle Clubs that establish miniature rifle ranges, and any person who falsely represents themselves as an authorised officer of the Defence Department or the Commonwealth Government. The regulations have a Commonwealth jurisdictional reach, impacting all individuals and entities within the military forces and those associated with Defence Department activities. Notably, the regulations impose specific conditions and responsibilities on officers managing funds and canteens, requiring them to be accountable for any financial deficiencies caused by their neglect or default. The amendments also provide provisions for grants towards the construction of miniature rifle ranges by Rifle Clubs and impose penalties for false representations regarding Defence Department authorisation or Commonwealth Government intentions. The regulations come into immediate operation as Provisional Regulations, highlighting their urgency and immediate applicability to the matters they govern.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1915 introduce several key changes, particularly in the areas of appointments, responsibilities, and disciplinary measures for members of the military forces. Firstly, Regulation 160 (e) now stipulates that successful candidates for military positions will be appointed on probation for a period not exceeding twelve months. During this probationary period, these candidates must obtain a certificate demonstrating their ability to write shorthand at a rate of at least 80 words per minute. Only after the probationary period, and subject to the acquisition of this certificate, can the Military Board confirm the appointment if recommended by the appropriate Commandant or Staff Officer. This change ensures that appointees meet certain professional standards before being granted permanent positions.
Additionally, a new Regulation 512a has been inserted to clarify the responsibilities of officers who serve on committees or as trustees of canteens, regimental institutes, or funds benefiting military units. These officers are held personally accountable for the financial integrity of these entities. If the Military Board determines that any financial deficiencies are due to the officers’ default, neglect, or lack of proper supervision, they may be required to rectify the situation. This regulation underscores the importance of financial oversight and accountability within military-affiliated entities.
Regulation 540 has been amended to introduce new provisions regarding grants for the construction of miniature rifle ranges by Rifle Clubs. Clubs that have already established a main rifle range can now apply for a grant towards the construction of a miniature range, subject to parliamentary provision and budget constraints. The grant cannot exceed £30 of any unexpended balance from the main range grant, although the Minister may approve a grant up to this amount even if the unexpended balance is less, or authorize a larger amount for joint or central ranges.
Furthermore, Regulation 629 introduces a new offence for individuals who falsely represent themselves as authorized by the Defence Department or any officer thereof. Such misrepresentations can be made through word, act, or conduct and include misleading others about the actions or intentions of the Defence Department or the Commonwealth Government in matters concerning national defence or Defence Department administration. Conviction for this offence carries a penalty of up to £20 or imprisonment for up to three months, or both. This regulation aims to protect the integrity of Defence Department communications and actions by penalizing fraudulent representations.
Overall, these regulations enhance the professional standards and accountability within the military forces, ensuring that personnel meet specific requirements for appointments, and that financial and administrative responsibilities are rigorously overseen. Additionally, they protect the integrity of Defence Department communications and actions by criminalizing fraudulent representations.