STATUTORY RULES.
1910. No. 89.
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 22nd day of September, 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.
Amendments.
Regulation 3 is cancelled and the following substituted therefor—
3.—Promotion Board.
The Promotion Board consists of—
The Inspector-General, President.
The Adjutant-General and the Senior District Commandant doing duty with troops, Members.
The Chief of Ordnance will attend the meetings of the Board to advise on all promotions of Artillery and Engineer Officers.
The Promotion Board will consider and make recommendations with regard to all promotions in the Military Forces of the Commonwealth to ranks above the rank of Major, as well as the appointments of officers to be Commandants and to command regiments and corps.
The recommendations of the Promotion Board will be forwarded to the Secretary of the Department of Defence for submission to the Minister.
3a.—District Military Committee.
In each Military District there shall be a District Military Committee, composed of the Commandant and three of the Senior Officers of the Active List of the Citizen Forces of the District, representing different arms, to be appointed by the Commandant.
These Committees shall consider and make recommendations with regard to the promotion of officers of the Citizen Forces, in their respective Districts, from the rank of Captain to Major.
The recommendations of the Committee will be forwarded by the Commandant, together with his recommendation, for the consideration of the Military Board.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.12791—Price 3d.
Overview
The Statutory Rules of 1910 No. 89, specifically the Provisional Regulations under the Defence Acts 1903-1904, were enacted to establish an urgent regulatory framework for the military forces of the Commonwealth, ensuring structured and efficient governance of military promotions and appointments. This legislative instrument was introduced by the Governor-General in Council, reflecting the Commonwealth's need for immediate and effective measures in the administration of defence forces. The regulations aim to streamline the process of promotions and appointments within the military hierarchy by establishing specific boards and committees responsible for making recommendations to higher authorities, thereby ensuring that promotions and appointments are considered thoroughly and fairly.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904, as certified by the Governor-General, establish the framework for the governance and administration of military forces within the Commonwealth of Australia. These regulations specify the composition and responsibilities of the Promotion Board and District Military Committees, which are pivotal in the decision-making processes concerning the promotion and appointment of officers within the military ranks. The Promotion Board, which includes the Inspector-General, the Adjutant-General, and the Senior District Commandant, along with the Chief of Ordnance who provides advice on Artillery and Engineer Officers, is responsible for recommending promotions above the rank of Major and appointments to command positions. Conversely, District Military Committees, formed within each Military District and consisting of the Commandant and three senior officers from different arms of the Citizen Forces, focus on recommending promotions from Captain to Major within their respective districts. These recommendations are then forwarded to the Military Board and ultimately to the Minister for consideration and decision. The regulations underscore the structured and hierarchical approach to military governance, ensuring that all promotions and appointments are thoroughly vetted and recommended through a formalised process.
Key Provisions
The provisional regulations under the Defence Acts 1903-1904 establish the framework for the governance and promotion within the military forces of the Commonwealth. The most significant change is outlined in Regulation 3, which details the constitution of the Promotion Board. This board is composed of the Inspector-General, who serves as the President, the Adjutant-General, and the Senior District Commandant on duty with troops, who are the Members. The Chief of Ordnance also attends meetings to provide advice on promotions for Artillery and Engineer Officers. The Promotion Board's role is to consider and make recommendations for promotions to ranks above Major, as well as appointments to Commandants and commands of regiments and corps (Regulation 3). Furthermore, Regulation 3a establishes a District Military Committee in each Military District, consisting of the District Commandant and three Senior Officers from the Citizen Forces Active List, representing different arms. These committees are tasked with considering and recommending promotions for Citizen Forces officers from the rank of Captain to Major (Regulation 3a).
The obligations imposed by these regulations are clear and specific. The Promotion Board must consider and recommend promotions and appointments within the military forces of the Commonwealth, ensuring that these recommendations are thorough and based on merit (Regulation 3). The District Military Committees are responsible for considering and recommending promotions for Citizen Forces officers within their respective districts (Regulation 3a). These recommendations must then be forwarded to the Secretary of the Department of Defence for submission to the Minister, ensuring a structured and formal process for promotions and appointments (Regulation 3, 3a).
The regulations also stipulate the consequences for any breaches of the provisions outlined. Although the specific penalties for non-compliance are not detailed within these provisions, it is implied that any failure to adhere to the outlined processes for promotions and recommendations could result in administrative or disciplinary actions. Given the context of the Defence Acts 1903-1904, breaches might also lead to legal consequences under the broader military law framework, although this is not explicitly stated in the provisional regulations.