STATUTORY RULES.
1914. No. 42.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
(Regulations (Provisional) for Universal Training—Part V., Citizen Forces—Regulation 123—Amendment.)
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 eighth day of May, One thousand nine hundred and fourteen.
DENMAN,
Governor-General.
By His Excellency's Command,
E. D. MILLEN.
REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Part V.—Citizen Forces.
Amendment.
Regulation 123, which reads—
" 123. Persons liable to be trained in the Citizen Forces under section 125 of the Defence Act, who are sentenced to imprisonment by a Court-Martial or a Civil Court for offences against Parts XII. and XIV. of the Act, or who are awarded imprisonment in default of payment of a pecuniary penalty imposed for an offence against those parts of the Act, shall, in lieu of imprisonment in a civil gaol, be imprisoned in a detention barracks or other institution or place authorized in that behalf by these Regulations."
is amended as follows :—
" 123. Persons liable to be trained in the Citizen Forces under section 125 of the Defence Act, who are sentenced to imprisonment by a Court-Martial or a Civil Court for offences against Parts XII. and XIV. of the Act, shall, in lieu of imprisonment in a civil gaol, be imprisoned in a detention barracks or other institution or place authorized in that behalf by these Regulations."
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.5308.—Price 3d.
Overview
The Provisional Regulations under the Defence Act 1903-1912, specifically Statutory Rules 1914 No. 42, were enacted in 1914 to address the urgent need for amendments to the regulations governing the Citizen Forces, particularly concerning the imprisonment of individuals liable to be trained in these forces. This legislation was enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council, due to the pressing nature of the required changes. The primary policy objective of these regulations was to ensure that individuals sentenced for offences against specific parts of the Defence Act serve their imprisonment in detention barracks rather than in civil gaols, thereby integrating military discipline and training into the punishment process. This amendment aimed to maintain the readiness and effectiveness of the Citizen Forces by directly involving those convicted in military institutions.
Scope and Application
The Statutory Rules of 1914, No. 42, titled "Provisional Regulations under the Defence Act 1903-1912," specifically pertain to the regulations provisional for universal training within the Citizen Forces. These regulations apply to individuals who are liable to be trained in the Citizen Forces under section 125 of the Defence Act and who have been sentenced to imprisonment by a Court-Martial or a Civil Court for offences against Parts XII and XIV of the Act. In lieu of imprisonment in a civil gaol, these individuals will be confined in a detention barracks or another institution or place authorised by the regulations. The regulation, enacted with urgency and coming into immediate operation, signifies its Commonwealth reach and applies directly to the specified individuals involved in the Citizen Forces. The regulation does not explicitly mention any exclusions, exemptions, or thresholds, but its application is restricted to those particular offences outlined in the Defence Act. The application of the regulation may also be extended or restricted through subordinate instruments, which are not detailed in the excerpt provided.
Key Provisions
The primary operative sections of the Provisional Regulations under the Defence Act 1903-1912 pertain to the amendment of Regulation 123, which outlines the conditions under which individuals liable for training in the Citizen Forces may be imprisoned. Regulation 123, as amended, stipulates that any person sentenced to imprisonment by a Court-Martial or a Civil Court for offences against Parts XII and XIV of the Defence Act shall serve their sentence in a detention barracks or another institution authorised by these Regulations, instead of being confined in a civil gaol (Regulation 123). This change is intended to ensure that those who are part of the Citizen Forces and are found guilty of certain offences are detained in a manner consistent with their military obligations.
The Act imposes specific obligations on the parties it governs, particularly focusing on those liable for training in the Citizen Forces. These individuals are required to adhere to the terms of the Defence Act 1903-1912, and if they commit offences that lead to a sentence of imprisonment, they must serve that sentence in a detention barracks or other approved institution. This requirement ensures that individuals who are part of the Citizen Forces and face imprisonment for certain offences are detained in a manner that aligns with their military status, rather than being placed in a general civilian prison (Regulation 123).
In terms of consequences for breach, the Act does not explicitly state penalties for failing to comply with the provisions of Regulation 123. However, non-compliance with the Defence Act 1903-1912 or its associated regulations could result in additional legal consequences under other sections of the Act or related legislation. The primary focus of the regulation is to direct the specific form of detention for those sentenced to imprisonment for offences against Parts XII and XIV of the Defence Act, ensuring that it is carried out in a setting that is appropriate for members of the Citizen Forces.