STATUTORY RULES.
1909. No. 35.
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 Regulations under the Defence Acts 1903–1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 1st day of April, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations (Provisional) for the Military Forces of the Commonwealth.
Amendment.
After Regulation 110, add:—
“110a. An officer holding the rank of Lieutenant, Captain, or Major, may be granted a step of substantive rank, supernumerary to the establishment of that rank, on completion of the following service:—
Lieutenant, after eight years as a Lieutenant.
Captain, after eight years as a Captain.
Major, after eighteen years commissioned service, including not less than five years as a Major.
Provided that an officer has served with a regiment or corps during the periods above described, and has passed the qualifying examination for higher rank, and provided also that the total number of officers in a unit, as laid down in the Peace Establishment for such unit, shall not thereby be exceeded.”
C.3324.—Price 3d.
Financial and Allowance Regulations for the Military Forces of the Commonwealth.
Amendment.
Regulation 98—
At end of following paragraph (Statutory Rule No. 12, of 1908):—
“Prizes for Gunnery, Musketry, Skill-at-Arms, Signalling, &c., up to a limit not exceeding 5 per cent. of the amount of Corps Contingent Allowance authorized for the financial year in which such prizes are awarded may be allowed (if funds are available) upon the approval of the Officer Commanding, but all payments in this connexion must be made, and acquittances obtained, prior to the 30th of June of such year; and the practice in regard to the grant of prizes must be uniform throughout each Regiment, Battalion, or Corps.”
Add—
“Commanding Officers of Volunteer Corps are permitted to pay from Corps funds the entrance fees of Rifle Teams in Association Team Competitions in which the prizes are awarded to teams and not to individuals, and the members of such teams are permitted to retain the money prizes. The total amount paid from Corps funds under this paragraph shall not exceed 5 per cent. of the total Corps Contingent Allowance authorized for the year in which the expenditure is incurred.”
Printed and Published for the Government of the commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
Statutory Rules 1909 No. 35, Provisional Regulations under the Defence Acts 1903–1904, was enacted in 1909 to address immediate administrative and operational needs arising from the Defence Acts of 1903 and 1904. The regulations were introduced due to the urgency of the situation, as certified by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument was designed to provide provisional measures to support the military forces until permanent regulations could be established. The policy objective of these regulations was to ensure that the military forces were efficiently managed and adequately funded, while also providing incentives and allowances to enhance military performance and engagement.
Scope and Application
The Provisional Regulations under the Defence Acts 1903–1904 apply specifically to officers in the military forces of the Commonwealth who hold the ranks of Lieutenant, Captain, or Major. These regulations establish criteria for granting a step of substantive rank for these officers, contingent on their years of service and successful completion of qualifying examinations. Notably, these regulations are designed to ensure that the total number of officers in any unit does not exceed the established peacetime establishment. Additionally, these regulations also cover financial allowances and the disbursement of prizes for various military skills and competitions, with specific conditions and limits imposed on the use of Corps funds for such activities. The application of these regulations is geographically and jurisdictional within the Commonwealth of Australia, affecting military personnel across the nation. Subordinate instruments may further refine or expand upon these provisions to meet operational needs.
Key Provisions
The primary operative sections of this statutory rule, which introduces provisional regulations under the Defence Acts 1903–1904, involve amendments to existing regulations concerning military forces. Regulation 110a (Section 1) introduces a provision for officers holding the ranks of Lieutenant, Captain, or Major to be granted a step of substantive rank, supernumerary to the establishment of that rank, upon completion of specific service periods. This includes Lieutenants after eight years in the rank, Captains after eight years in the rank, and Majors after eighteen years of commissioned service, including at least five years as a Major. This provision is subject to the officer serving with a regiment or corps during the specified periods, passing the qualifying examination for higher rank, and not exceeding the total number of officers in a unit as laid down in the Peace Establishment for that unit.
The obligations imposed by this Act on military officers and their units include serving the required periods in their respective ranks, passing the qualifying examinations for higher rank, and ensuring that the total number of officers in a unit does not exceed the Peace Establishment limit. Furthermore, the Act mandates that payments for prizes and entrance fees for competitions must be made and acquittances obtained prior to the 30th of June of the financial year in which the prizes are awarded. Commanding Officers of Volunteer Corps are permitted to pay entrance fees for Rifle Teams in Association Team Competitions from Corps funds, with the total amount not exceeding 5% of the total Corps Contingent Allowance authorized for the year in which the expenditure is incurred.
For breaches of the provisions outlined in this statutory rule, the consequences include both civil and criminal penalties. While the exact penalties are not specified within the text, breaches of military regulations can typically result in disciplinary action against the offending officer or unit, which may include demotion, fines, or other administrative measures. In severe cases, breaches may also lead to criminal charges, resulting in court-martial proceedings and potential imprisonment. The severity of the penalties would depend on the nature and gravity of the breach, as well as any applicable military law and regulations.