STATUTORY RULES.
1911. No. 161.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.
Regulations (Provisional) for the Military Forces of the Commonwealth—Regulation 64a—Amendment.
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 1903-1910 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourth day of October, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
After Regulation 64, add new Regulation 64a:—
64a. Officers provisionally appointed to the Citizen Forces on and after the 1st January, 1912, will be required to obtain a “passed” certificate at a School of Instruction, for the Arm to which they have been appointed, before presenting themselves for examination for confirmation of provisional appointment.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14782.—Price 3d.
Overview
The Statutory Rules of 1911, No. 161, introduces Provisional Regulations under the Defence Act 1903-1910. This legislation was enacted to address the urgent need for amendments to the existing regulations governing the Military Forces of the Commonwealth, specifically in relation to the provisional appointments of officers in the Citizen Forces. The regulations were issued under the authority of the Governor-General, acting on the advice of the Federal Executive Council, and were designed to come into immediate operation due to their urgent nature. The primary policy objective of these regulations is to ensure that officers provisionally appointed to the Citizen Forces on and after the 1st January, 1912, must obtain a "passed" certificate at a School of Instruction relevant to their appointed arm before they can present themselves for examination for confirmation of their provisional appointment. This ensures a standardised level of training and competency among the officers of the Citizen Forces.
Scope and Application
The Provisional Regulations for the Military Forces of the Commonwealth, as amended under the Defence Act 1903-1910, apply specifically to officers provisionally appointed to the Citizen Forces from 1 January 1912 onwards. These regulations establish that such officers must secure a "passed" certificate from a School of Instruction pertinent to their designated arm of service before they are eligible to sit for an examination confirming their provisional appointment. This stipulation ensures that officers meet certain educational and training criteria before their appointments are made permanent, thereby upholding a standard of competency and preparedness within the military forces. The regulations serve to maintain the integrity and effectiveness of the Citizen Forces by ensuring that all officers have received appropriate instruction and evaluation prior to confirmation of their appointments.
These provisions are enacted under the authority of the Governor-General in Council and come into immediate operation due to their urgent nature. The geographic and jurisdictional reach of these regulations is confined to the Commonwealth of Australia, affecting all officers provisionally appointed within the Citizen Forces. There are no stated exclusions, exemptions, or thresholds mentioned in the text, implying that all officers fitting the specified criteria must comply with the new regulation. Furthermore, the regulation is subject to potential extensions or restrictions through subordinate instruments, which may further define the implementation and scope of these provisions.
Key Provisions
The main operative section of this statutory rule, specifically Regulation 64a, introduces a new requirement for officers provisionally appointed to the Citizen Forces as of 1 January 1912 (Regulation 64a). These officers must obtain a "passed" certificate from a School of Instruction relevant to the arm of service they have been appointed to before they can present themselves for examination to confirm their provisional appointment. This new regulation is intended to ensure that officers have received the necessary training and qualifications before their appointments are made permanent.
The Act imposes certain obligations on the officers provisionally appointed to the Citizen Forces. They must ensure that they complete the requisite training and obtain the necessary "passed" certificate from a recognised School of Instruction. This requirement is specific to the arm of service they have been appointed to, ensuring that their training is relevant and applicable to their duties. Failure to obtain this certificate before presenting themselves for confirmation of their appointment could result in their provisional appointment not being confirmed.
In terms of consequences for non-compliance with the provisions of this regulation, the Act does not explicitly outline any specific offences, penalties, or civil or criminal consequences for failure to obtain the required "passed" certificate. However, the failure to meet this requirement could result in the provisional appointment not being confirmed, effectively preventing the officer from holding their position permanently. The absence of explicit penalties in the regulation suggests that the primary consequence of non-compliance is administrative, rather than punitive, in nature.