STATUTORY RULES.
1910. No. 28.
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 14th day of March, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.
Amendments.
Regulation 414—
Cancel paragraphs (a), (b), (c), and (d), and substitute—
(a) A court of inquiry is an assembly of officers directed to collect evidence, and, if so required, to report with regard to any matter which may be referred to them.
(b) A court of inquiry may be assembled by the Military Board or by the officer in command of any body of troops, whether belonging to one or more corps.
(c) The court may be composed of any number of officers of any rank, and of any branch or department of the service, according to the nature of the investigation.
(d) The court will be guided by the written instructions of the authority who assembled the court. The instructions will be full and specific, and will state the general character of the information required. They will also state whether a report is required or not.
In paragraphs (h) and (i) delete “officer.” and substitute “authority.”
C.2987.—Price 3d.
Regulation 415 is cancelled, and the following substituted:—
415. A court of inquiry, committee, or Board, may be assembled by the Military Board, or by an officer in command of any body of troops, to assist it or him in arriving at a correct conclusion on any subject on which it may be expedient for it or him to be thoroughly informed. It may be required to give an opinion on any point not involving the conduct of any officer or soldier. A court of inquiry, a committee, or a Board, may consist of any number of members, its composition being determined by the convening authority, according to the circumstances under which it is assembled. Three members, the senior acting as President, will in ordinary cases be sufficient.
Regulation 416—
In first and third lines delete “officer” and substitute “authority.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1910, No. 28, issued under the Defence Acts 1903-1904, were enacted to provide provisional regulations for the military forces of the Commonwealth. This legislation was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, recognising the urgency of establishing immediate operational regulations for military matters. The overarching policy objective was to ensure the efficient and effective administration of military inquiries and investigations, allowing for the assembly of courts of inquiry and committees under specific guidelines and instructions. These provisional regulations aimed to provide a framework for the operation of military forces by enabling the convening of assemblies to collect evidence and report on matters referred to them, thereby addressing the immediate needs of military governance and oversight.
Scope and Application
The Statutory Rules 1910, No. 28, titled Provisional Regulations Under the Defence Acts 1903-1904, applies to the military forces of the Commonwealth. The regulations are designed to facilitate the operation and conduct of courts of inquiry and other assemblies within the military hierarchy, allowing them to be convened by the Military Board or by an officer in command of any body of troops. The scope of these regulations encompasses any matter referred to the courts of inquiry, including investigations into various subjects and the provision of opinions where necessary, thereby ensuring a structured approach to addressing issues within the military context. These regulations are applicable across the Commonwealth, extending to all military personnel and units under federal jurisdiction. The regulations allow for flexibility in the composition of these courts, enabling the inclusion of officers from any rank, branch, or department based on the nature of the investigation, and are guided by specific written instructions provided by the convening authority. Any amendments to these regulations are to be made by cancelling and substituting specific paragraphs, as outlined in the statutory rules, ensuring that the regulations remain relevant and effective in their application.
Key Provisions
The primary provisions of these Provisional Regulations, as outlined in Regulations 414 and 415, focus on the establishment and function of courts of inquiry within the military forces of the Commonwealth. Regulation 414 defines what constitutes a court of inquiry, stipulating that it is an assembly of officers tasked with collecting evidence and reporting on matters referred to them. This regulation also clarifies that such courts can be assembled by the Military Board or by the officer in command of any body of troops, regardless of the corps they belong to. Additionally, the composition of the court can include officers of any rank and branch, depending on the nature of the investigation. The court must operate under specific, written instructions from the authority that convened it, which detail the required information and whether a report is necessary.
These regulations impose specific obligations on the parties involved in the military forces. The convening authority, whether the Military Board or an officer in command, must ensure that courts of inquiry are assembled appropriately for the task at hand. The instructions provided to the court must be comprehensive and precise, outlining the scope and purpose of the inquiry. Furthermore, the regulations mandate that the composition of the court be suitable for the investigation, typically involving three members with the senior acting as President, though this can vary based on the circumstances.
Breaches of the provisions set out in these regulations may lead to serious consequences. While the specific offences and penalties are not detailed within these regulations, the overarching Defence Acts 1903-1904 provide a framework within which any misconduct or failure to comply with the regulations can be addressed. Violations may result in disciplinary actions, which can range from administrative penalties to more severe sanctions depending on the nature and severity of the breach. Given the military context, breaches could also lead to criminal charges under the Defence Acts or other relevant legislation, with potential penalties including fines, imprisonment, or other forms of punishment as prescribed by law.