STATUTORY RULES.
1913. No. 6.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to Universal Training Regulations 33, 42 and 43.
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 sixteenth day of January, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Part III.—Senior Cadets.
Additions.
After Regulation 33 add—
“33A.—(1) Officers of Senior Cadets on becoming liable for service in the Citizen Forces may, on the recommendation of their Commanding Officers, be permitted by the District Commandant to continue to serve as officers of Senior Cadets, and such service shall be in lieu of service in the Citizen Forces. Such officers will be eligible for promotion to higher ranks in the Senior Cadets under conditions which apply to officers not liable for service under Part XII. of the Defence Act 1903-1912.
(2) Officers of Senior Cadets who are so permitted to continue their service with the Senior Cadets will be subject to the same regulations and conditions as regards attendance at parades, efficiency, leave of absence, exemption, and other matters appertaining to their service, as other persons serving as Senior Cadets under Part XII. of the Defence Act 1903-1912.
“(3) Officers of Senior Cadets who, on becoming liable to serve in the Citizens Forces, do not wish to serve with the Senior Cadets, or who are not permitted by the District Commandant to so continue their service, will be allotted to the Citizen Forces in the same manner as other trainees are allotted, but before being enrolled in a unit of the Citizen Forces they will be required to resign their commissions in the Senior Cadets.
C.91.—Price 3d.
“(4) Officers of Senior Cadets permitted to continue their service with the Senior Cadets as above may be paid the allowance for the appointment they hold, as provided by U.T. Regulation 57.
“(5) Officers of Senior Cadets permitted to continue their service as above are eligible to compete at any examination for appointment to the rank of 2nd Lieutenant in the Citizen Forces.”
Regulation 42.—After the second paragraph, add new paragraph:—
“The substantive commission on the Unattached List of the Citizen Forces granted to an officer of the Senior Cadets, will be withdrawn when such officer ceases to serve with the Senior Cadets.”
Amendment.
Regulation 43.—After the words “Officers of Senior Cadets” insert the words “who have been confirmed in their rank, and”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
Overview
Statutory Rules 1913 No. 6, made under the Defence Act 1903-1912, was enacted in 1913 to address the management of officers within the Senior Cadets who were becoming liable for service in the Citizen Forces. This was achieved through Provisional Regulations, which were put into immediate operation due to urgency. The Regulations were made by the Governor-General in Council, reflecting the need for swift legislative action. The policy objective was to allow certain Senior Cadet officers to continue their service in this capacity instead of transitioning to the Citizen Forces, ensuring continuity and stability within the Cadet system while managing the transition of personnel to active military roles as required.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912, specifically amending Universal Training Regulations 33, 42, and 43, pertain to the officers of Senior Cadets who are liable for service in the Citizen Forces. These regulations apply to individuals who hold officer positions within the Senior Cadets and who are subject to mandatory service in the Citizen Forces. The regulations govern how these officers may continue their service with the Senior Cadets in lieu of serving in the Citizen Forces, subject to approval by the District Commandant. Furthermore, these provisions address the terms of continued service, including eligibility for promotion, pay allowances, and the conditions governing their service, such as attendance at parades and leave of absence. The regulations also clarify the consequences for officers who do not wish to continue serving with the Senior Cadets, including the process for their transfer to the Citizen Forces and the withdrawal of their commissions from the Unattached List. These regulations are in effect throughout the Commonwealth of Australia, as they are promulgated under the authority of the Defence Act and certified by the Governor-General in Council.
Key Provisions
The Provisional Regulations, particularly those amending Regulations 33, 42, and 43, introduce provisions concerning the service of Senior Cadet officers in the Citizen Forces. Under Regulation 33A, officers of Senior Cadets who become liable for service in the Citizen Forces may, upon recommendation by their Commanding Officers and permission by the District Commandant, continue to serve with the Senior Cadets instead of joining the Citizen Forces. This service with the Senior Cadets is considered equivalent to their service in the Citizen Forces (Section 33A(1)). These officers must adhere to the same regulations, including attendance at parades, efficiency, and leave of absence, as other Senior Cadets (Section 33A(2)). Officers who do not wish to continue with the Senior Cadets or are not permitted to do so must resign their commissions and be allotted to the Citizen Forces in the same manner as other trainees (Section 33A(3)). Additionally, these officers may be eligible for allowances and can compete for the rank of 2nd Lieutenant in the Citizen Forces (Section 33A(4) and (5)).
The Regulations impose specific obligations on Senior Cadet officers who may continue their service under these provisions. These officers must seek and obtain permission from the District Commandant to continue serving with the Senior Cadets. They must also comply with all regulations governing Senior Cadet service, including those related to attendance, efficiency, and leave (Section 33A(2)). Furthermore, if they choose not to continue with the Senior Cadets, they must formally resign their commissions before being enrolled in the Citizen Forces (Section 33A(3)). The substantive commission on the Unattached List of the Citizen Forces will be withdrawn when such officers cease to serve with the Senior Cadets (Regulation 42). It is also specified that only officers of Senior Cadets who have been confirmed in their rank can be considered for these provisions (Regulation 43).
Failure to comply with the provisions outlined in these Regulations may lead to consequences under the Defence Act 1903-1912. Although the specific penalties are not detailed in the Regulations themselves, any breach of the Defence Act or its associated regulations could result in disciplinary action, including fines or imprisonment, depending on the severity of the breach. Officers who do not resign their commissions as required may also face administrative penalties or loss of eligibility for certain allowances and ranks within the Citizen Forces.