STATUTORY RULES.
1913. No. 115.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to Universal Training Regulations 30 and 117.
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 Act 1903-1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this first day of May, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
E. A. ROBERTS.
REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Amendments.
Part III.—Senior Cadets.
Regulation 30—
At the commencement of first line insert “(1)”.
At the end of Regulation 30 add new paragraph—
(2) “The prescribed officer referred to in Section 110 (5) of the Act, and authorized by that Section to bring a prosecution in any Court of Summary Jurisdiction against a soldier or person liable to render personal service under the provisions of Part XII. of the Act, shall be—
Any officer of the Provost Staff or any other officer appointed by the District Commandant.”
Part V—Citizen Forces.
Regulation 117—
At the commencement of first line insert “(1)”.
At the end of Regulation 117 add new paragraph—
(2) “The prescribed officer referred to in Section 110 (5) of the Act, and authorized by that Section to bring a prosecution in any Court of Summary Jurisdiction against a soldier or person liable to render personal service under the provisions of Part XII. of the Act, shall be—
Any officer of the Provost Staff or any other officer appointed by the District Commandant.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.5408.—Price 3d.
Overview
The Statutory Rules of 1913, No. 115, titled "Provisional Regulations Under the Defence Act 1903-1912," were enacted to address an urgent need to amend the Universal Training Regulations 30 and 117. This legislative instrument was issued by the Governor-General in Council, acting on the advice of the Federal Executive Council due to the pressing nature of the amendments. The regulations were designed to streamline the process of prosecution in Courts of Summary Jurisdiction against soldiers or individuals liable to personal service under the Defence Act. By clarifying the authority of certain officers to bring such prosecutions, the regulations aimed to enhance the enforcement mechanisms within the Defence framework, ensuring that legal actions could be promptly and effectively pursued.
The policy objective of these provisional regulations was to provide immediate effect to the amendments, ensuring that the enforcement provisions of the Defence Act could be swiftly and efficiently implemented. This was particularly critical in the context of maintaining the readiness and discipline of the military forces during a period of heightened military preparedness and potential conflict.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically targeting the Universal Training Regulations 30 and 117, apply to all individuals and entities subject to the Defence Act, including soldiers and persons liable to render personal service, as well as prescribed officers who are authorised to bring prosecutions in any Court of Summary Jurisdiction. These Regulations, which are applicable throughout the Commonwealth of Australia, aim to clarify and expand the scope of authority for officers who can initiate legal proceedings against those failing to comply with the Act’s provisions. The Regulations extend to any officer of the Provost Staff or any other officer appointed by the District Commandant, thereby ensuring a broader enforcement capability within the framework of the Defence Act. This legislative instrument is intended to come into immediate operation due to its urgency, as certified by the Governor-General with the advice of the Federal Executive Council, and is set to operate as Provisional Regulations until further notice.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912 primarily amend two sections, Regulation 30 and Regulation 117, to expand the authority of certain officers to prosecute soldiers or persons liable to render personal service in any Court of Summary Jurisdiction. Regulation 30 (1) and Regulation 117 (1) have been modified to include new paragraph (2), which states that the prescribed officer authorised to bring a prosecution against a soldier or a person liable to render personal service under Part XII of the Defence Act 1903-1912, shall be any officer of the Provost Staff or any other officer appointed by the District Commandant. These amendments were made with urgency, effective from the first day of May, 1913.
These Regulations impose specific obligations on officers of the Provost Staff and other officers appointed by the District Commandant. They are now authorised to bring prosecutions against soldiers or persons liable to render personal service under Part XII of the Defence Act 1903-1912 in any Court of Summary Jurisdiction. This expanded authority ensures that these officers can effectively enforce compliance with the Act’s provisions and maintain discipline within the military and citizen forces.
The Regulations also outline potential consequences for breaches of the Defence Act 1903-1912. Although the specific offences, penalties, and consequences are not detailed in these Provisional Regulations, the Defence Act 1903-1912 itself provides for various offences related to military service, including failure to comply with training requirements or other obligations. Penalties for these offences can include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties are determined by the specific offence and the relevant sections of the Defence Act 1903-1912.