Universal Training Regulations (Amendment) (Provisional)

Legislation au C1915L00226 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1915. No. 226.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.

Universal Training RegulationsPart V.—Citizen Forces.—Regulations 149 and 160.

Amendments.

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 1903-1915 should come into immediate operation and, further, should be taken to have come into operation on and from the 1st July, 1915, and make the Regulations to come into operation accordingly as Provisional Regulations.

Dated this twenty-fourth day of November, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

Regulations (Provisional) for Universal Training.

Part V.—Citizen Forces.

Amendments.

Regulation 149.—Delete that portion of Paragraph (4), which reads:—

“Grade 4.—Sergeants-Major, Quartermaster-Sergeants, Colour-Sergeants of Squadrons, Batteries, and Companies, and others of similar grade, are eligible to compete for promotion to higher non-commissioned rank or to rank of Warrant Officer.”

and substitute the following therefor:—

“Grade 4.—Sergeants-Major, Quartermaster-Sergeants of Squadrons, Batteries, and Companies, and others of similar grade, are eligible to compete for promotion to higher non-commissioned rank or to Warrant Officer.”

Regulation 160.—In column headed “Rank” delete the word “Coleur-Sergeant” and substitute therefor the words “Company Quartermaster Sergeant (Infantry).”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.15868.—Price 3d.

Overview

The Statutory Rules of 1915, No. 226, titled "Provisional Regulations Under the Defence Act 1903-1915," were enacted to address urgent amendments to the Universal Training Regulations, specifically targeting the Citizen Forces. These regulations were issued by the Governor-General in Council under the authority of the Defence Act 1903-1915, and they came into immediate operation on 1 July 1915. The primary objective of these provisional regulations was to streamline the eligibility criteria for promotion within the Citizen Forces, ensuring that certain ranks, such as Sergeants-Major, Quartermaster-Sergeants, and others of similar standing, could compete for higher non-commissioned ranks or the rank of Warrant Officer. The regulations made specific amendments to Regulations 149 and 160, refining the categories eligible for promotion and correcting a typographical error in the rank nomenclature.

Scope and Application

The Provisional Regulations under the Defence Act 1903-1915, specifically Regulations 149 and 160, pertain to the Citizen Forces within the Commonwealth of Australia and are effective as of 1 July 1915. These regulations primarily concern the eligibility criteria for promotion within the military ranks, making precise amendments to the existing provisions. Regulation 149 modifies the eligibility for non-commissioned officers and warrant officers by removing the reference to Colour-Sergeants, thereby affecting the categories of personnel who can compete for higher ranks. Similarly, Regulation 160 corrects a typographical error by replacing "Coleur-Sergeant" with "Company Quartermaster Sergeant (Infantry)" in the rank column, ensuring accuracy in the designation of military positions. These regulations are applicable to the military personnel within the Commonwealth and are enforced to streamline and clarify the promotion pathways within the Citizen Forces.

Key Provisions

The key operative sections of these Provisional Regulations under the Defence Act 1903-1915 focus on amending the eligibility criteria for promotion within the Citizen Forces. Specifically, Regulation 149 revises the eligibility criteria for certain non-commissioned officers to compete for promotion. Initially, Sergeants-Major, Quartermaster-Sergeants, Colour-Sergeants of Squadrons, Batteries, and Companies, and others of similar grade were eligible to compete for promotion to higher non-commissioned rank or to the rank of Warrant Officer. However, the regulation now excludes Colour-Sergeants from this eligibility, thereby limiting it to Sergeants-Major, Quartermaster-Sergeants of Squadrons, Batteries, and Companies, and others of similar grade. Regulation 160 makes a minor but significant change by correcting a typographical error, substituting the term "Company Quartermaster Sergeant (Infantry)" for the misspelled "Coleur-Sergeant" in the rank column. These regulations impose specific obligations on the parties they govern, particularly within the Citizen Forces. The amended provisions in Regulation 149 require that only Sergeants-Major, Quartermaster-Sergeants of Squadrons, Batteries, and Companies, and other similarly graded personnel be eligible for promotion to higher non-commissioned ranks or to the rank of Warrant Officer. This change necessitates that promotion boards and relevant authorities take note of the revised eligibility criteria when considering candidates for promotion. Regulation 160 mandates that the correct title "Company Quartermaster Sergeant (Infantry)" be used in all official documentation, ensuring clarity and accuracy in rank designation. The consequences for non-compliance with these regulations, although not explicitly stated in the text, could include procedural errors in the promotion process or administrative inaccuracies in rank designations. For instance, if promotion boards overlook the revised eligibility criteria in Regulation 149, they may inadvertently consider Colour-Sergeants who are no longer eligible, leading to potential disputes or unfair advantages. Similarly, continued use of the incorrect term "Coleur-Sergeant" instead of "Company Quartermaster Sergeant (Infantry)" could result in confusion and errors in official records. While the text does not detail specific penalties for such breaches, it is likely that any resulting errors could be subject to administrative review and correction.

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Defence Law
Instrument
Regulation
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Definitions & Interpretation
Repeal & Amendment
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