STATUTORY RULES.
1945. No. 81.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1941*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1941.
Dated this thirtieth day of May, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. M. FRASER
Acting Minister of State for the Army.
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Amendment of the Rifle Club Regulations.†
Regulation 30 of the Rifle Club Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—
“(1a.) Notwithstanding anything contained in the last preceding sub-regulation, in time of war the committee shall deal with the property of the Rifle Club as the Military Board may from time to time direct”.
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* Notified in the Commonwealth Gazette on 31st May, 1945.
† Statutory Rules 1931, No. 120, as amended by Statutory Rules 1932, Nos. 47 and 108; 1934, No. 15; 1936, No. 16; 1939, Nos. 7 and 93.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2000.—Price 3d.
Overview
The Statutory Rules 1945, No. 81, were enacted by the Governor-General in accordance with the Defence Act 1903-1941 to address specific issues arising during wartime concerning the management and control of property held by Rifle Clubs. This legislative instrument was issued to provide the Military Board with the authority to direct the handling of Rifle Club property during periods of conflict, ensuring that such assets could be effectively utilised for national defence purposes. The policy objective is to ensure that Rifle Club property can be efficiently and effectively managed in the interest of national security during times of war.
The Regulations were made with the advice of the Federal Executive Council and are designed to amend existing Rifle Club Regulations by inserting a new sub-regulation that overrides previous directives in times of war, thus allowing the Military Board to manage Rifle Club property as necessary. This amendment aims to streamline the process of utilising available resources to support the war effort. The Regulations were notified in the Commonwealth Gazette on 31st May 1945, and are part of a series of amendments to Rifle Club Regulations dating back to 1931.
Scope and Application
The Statutory Rules 1945, No. 81, made under the Defence Act 1903-1941, provide amendments to the Rifle Club Regulations, specifically targeting the management of Rifle Club property during times of war. This legislative instrument applies to the committees of Rifle Clubs established under the Defence Act, imposing obligations on them to manage the property as directed by the Military Board during wartime. The scope of this regulation is geographically limited to the Commonwealth of Australia, reflecting its jurisdictional reach within the national framework. The regulation does not specify exclusions or exemptions but implies that its provisions override previous sub-regulations, emphasising the primacy of military directives during periods of conflict. Through this subordinate instrument, the application of the Defence Act is extended to ensure that Rifle Clubs operate in alignment with national defence strategies during war, thereby reinforcing the coordination between civilian and military authorities.
Key Provisions
The key operative section of this legislation (Regulation 30) amends the Rifle Club Regulations to include a new sub-regulation (1a), which stipulates that during times of war, the committee of a rifle club must handle the club's property in accordance with directions from the Military Board. This means that in the event of war, the usual protocols governing the management and disposition of a rifle club's assets will be overridden, and the Military Board will have the authority to dictate how these assets are to be used or managed. This is a significant shift from the existing provisions, which likely allowed for more autonomy in the management of club property under normal circumstances.
The Act imposes several obligations on the parties it governs. The committee of a rifle club must now follow any directions issued by the Military Board regarding the club's property during wartime. This requirement places a duty on the committee to comply with these directives, ensuring that the club's assets are used in a manner that aligns with military needs and objectives. Additionally, the Military Board is granted the authority to provide these directions, thereby establishing a chain of command where the Board's decisions are to be implemented without delay or deviation by the rifle club committee.
Failure to comply with the provisions of this legislation could result in legal consequences. While the specific offences and penalties are not detailed within the excerpt, breaches of regulations typically entail administrative or judicial actions. For instance, the committee members might face disciplinary measures, or the club itself could be subject to fines or other sanctions. In severe cases, the club might even face dissolution or the confiscation of its property if it fails to adhere to the Military Board's directives during wartime. The exact nature and severity of the penalties would depend on the specific circumstances and the interpretation of the broader Defence Act 1903-1941.