STATUTORY RULES.
1910. No. 117.
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 further should be taken to have come into operation on and from 1st January, 1905, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this 29th day of November, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Regulations for the Military Forces of the Commonwealth.
Amendment.
Regulation 164—
After—
“Non-commissioned Officers below the rank of Sergeant. May be permitted to retain rank.”
Add—
“Other soldiers who have completed twenty years’ service and are in possession of, or are eligible for the award of the Long Service Medal, may, on retirement under Regulation 134, or on resignation, be permitted by Commanding Officers to wear the uniform of their corps, with the addition of the letter ‘R’ on the shoulder straps.
Members of the Defence Force granted the right to wear uniform on discharge under this Regulation, may be permitted by Commanding Officers to retain one suit of such uniform.”
For—
“This paragraph will not apply to Warrant and Non-commissioned Officers who retired or resigned before the 1st January, 1905.”
Substitute—
“This Regulation will not apply to Warrant Officers, Non-commissioned Officers, and men who retired or resigned before the 1st January, 1905.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.17092—Price 3d.
Overview
The Statutory Rules 1910 No. 117, titled Provisional Regulations Under the Defence Acts 1903-1904, was enacted in 1910 to provide urgent regulatory amendments to the Defence Acts, ensuring smooth operation and compliance within the military forces of the Commonwealth. The Governor-General, acting on the advice of the Federal Executive Council, certified the urgency and immediate effect of these regulations, which were designed to address specific gaps in the existing military regulations. This legislative instrument aimed to formalise provisions concerning the wearing of uniforms by retiring or resigning members of the Defence Force, thereby recognising their long service and eligibility for the Long Service Medal. The overarching policy objective was to streamline and clarify the rights of service members in their transition from active duty to retirement or resignation.
Scope and Application
The Provisional Regulations under the Defence Acts 1903-1904 apply to members of the Australian Military Forces, specifically focusing on non-commissioned officers below the rank of sergeant and other soldiers who meet certain service criteria. This legislation allows these individuals to retain their rank and wear their uniform, with specific identifiers such as the letter 'R' on shoulder straps, upon retirement or resignation. Additionally, it grants these members the right to retain one suit of their uniform after discharge. Notably, the regulation excludes warrant officers, non-commissioned officers, and men who retired or resigned before 1 January 1905. The scope of this Act is national, operating across the Commonwealth of Australia, and its provisions are designed to be implemented immediately through the issuance of statutory rules. These regulations provide a clear framework for the post-service entitlements of eligible military personnel, ensuring recognition and respect for their service through uniform allowances and rank retention.
Key Provisions
The main operative sections of this Provisional Regulation under the Defence Acts 1903-1904 concern the retention of military uniforms by certain soldiers upon their retirement or resignation from service (Reg. 164). Specifically, the regulation allows other soldiers who have completed twenty years of service and are in possession of, or are eligible for, the award of the Long Service Medal to wear their corps uniform with an additional 'R' on the shoulder straps after retirement or resignation. Furthermore, members of the Defence Force who are granted the right to wear their uniform upon discharge are permitted to retain one suit of their uniform. These provisions were designed to recognise and honour the long service of these individuals.
Under this Act, the obligations imposed on the parties involved primarily rest with the Commanding Officers, who are granted the authority to permit soldiers to wear their uniforms in the specified circumstances. The regulation does not automatically entitle soldiers to wear their uniforms; rather, it empowers Commanding Officers to make this decision. Additionally, the regulation explicitly excludes Warrant Officers, Non-commissioned Officers, and men who retired or resigned before 1 January 1905 from its provisions.
The regulation does not explicitly outline offences or penalties for breaches, suggesting that the primary concern is the proper implementation and administration of the permissions granted rather than punitive measures for non-compliance. However, any misuse of the privileges granted under this regulation by Commanding Officers or soldiers could potentially lead to disciplinary action under other provisions of military law or administrative procedures within the Defence Force.
Given the historical context of this regulation, it is also worth noting that the potential consequences of breaches would likely be determined by the specific circumstances and the discretion of the relevant authorities at the time. The regulation itself does not provide for specific penalties, which may have been addressed through other legislative or administrative means within the Defence Force during that era.