statutory rules.
1913. No. 161.
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PROVISIONAL RegulationS UNDER THE DefencE ACT 1903-1912.
Amendment to Universal Training Regulation 4a.
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 Act 1903-1912 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this seventeenth day of June, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
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ReGuLATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Part II.—Registration.
Amendment.
Regulation 4—
Cancel Regulation 4a and substitute therefor the following:—
“4a. (1) If an Area Officer has reason to believe that any person liable to training has not been registered under Section 142 of the Act, he may serve upon him, and also upon his parent or guardian, a notice calling upon him or his parent or guardian to furnish, within one month of the date of the notice specified herein, answers to a series of questions for the purpose of ascertaining the particulars necessary for registration as set out in the Registration Form prescribed by Universal Training Regulation 7.
(2) If, within the time above specified, the person liable, his parent, or guardian, does not furnish answers to the prescribed questions, then the Area Officer may, from the best information available, provisionally register the person and serve notice of the registration upon him, and, unless within a period of fourteen days after the date on which the notice of registration is served upon him, the person liable, his parent, or guardian, shows to the satisfaction of the Area Officer that the particulars are not correct, and affords the necessary correct information, the registration and the particulars entered by the Area Officer shall be absolutely conclusive as against the person liable, his parent, or guardian.
(3) Upon the expiration of this second period, the person liable in training shall be allotted to his proper Area, and, subject to Section 126 of the Act, will be required to undergo training in that Area.
C.8286.—Price 3d.
(4) If a person so allotted fails to attend a compulsory drill or to render the personal service required by the Act, he may be proceeded against in accordance with Section 135 of the Act.
(5) Any person liable to be trained and his parent or guardian, upon whom a notice is served in pursuance of paragraph (1) of this Regulation, who fails within one month of the date of such notice to answer any or all of the prescribed questions, or who gives a false answer to any question, shall, on conviction by a Court of Summary Jurisdiction, be liable to a penalty not exceeding Ten pounds.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Provisional Regulation S under the Defence Act 1903-1912, enacted in 1913, was introduced to address the urgency in the registration and allocation of individuals liable for universal training. This legislation, enacted by the Governor-General in Council, provides a provisional method for the registration of individuals who have not yet registered for training, ensuring that they are brought into the training scheme without delay. The policy objective is to efficiently and conclusively manage the registration of individuals for universal training, thereby ensuring that all eligible persons are accounted for and can be required to undergo training as mandated by the Defence Act.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically Amendment to Universal Training Regulation 4a, pertains to individuals who are liable for military training, their parents, or guardians, and applies to the entire Commonwealth of Australia. This legislation outlines the process for registration and provisional registration of individuals for universal training, including the requirements for submission of necessary information and the consequences for failure to comply. The regulations provide for a structured approach to ascertaining the details required for registration, with provisions for provisional registration if the required information is not provided within the specified timeframe. The Act also includes measures for the allotment of individuals to their proper training area and the enforcement of attendance and service requirements, with penalties for failure to comply. The scope of this legislation extends to ensuring that all eligible individuals are registered and prepared for their military training obligations under the Defence Act.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912, specifically the amended Regulation 4a, focus on the registration of individuals liable for universal training. Regulation 4a (1) mandates that if an Area Officer suspects an individual liable for training has not been registered, they may issue a notice to the individual and their parent or guardian, requiring them to provide the necessary details for registration within one month. Regulation 4a (2) allows the Area Officer to provisionally register the individual if the required information is not provided within the specified timeframe, and this provisional registration becomes absolute unless corrected within fourteen days. Regulation 4a (3) stipulates that upon the expiration of the correction period, the individual will be allotted to their proper area and required to undergo training. Regulation 4a (4) provides that failure to attend compulsory drills or provide required services can result in legal action under Section 135 of the Act. Finally, Regulation 4a (5) imposes a penalty of up to Ten pounds for those who fail to respond to the notice or provide false information.
The Act imposes specific obligations on both individuals liable for training and their parents or guardians. They must respond to the notice issued by the Area Officer within one month and provide accurate details for registration. Failure to comply with this requirement can result in provisional registration by the Area Officer and potential legal consequences if the information remains uncorrected within fourteen days. Additionally, individuals must attend compulsory drills and provide personal service as required by the Act, with potential legal action for non-compliance.
The Regulations establish clear consequences for non-compliance with the registration and training requirements. According to Regulation 4a (5), individuals who fail to respond to the notice, provide false information, or fail to correct their registration details within the specified timeframe can be convicted by a Court of Summary Jurisdiction and face a penalty of up to Ten pounds. Furthermore, failure to attend compulsory drills or provide required services can result in legal action under Section 135 of the Defence Act 1903-1912, although the exact penalties under this section are not detailed in the provided text.