STATUTORY RULES.
1912. No. 229.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1912.
Regulations (Provisional) for Universal Training—Part V.—Citizen Forces, Regulation 155—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, further, should be taken to have come into operation on and from the first day of July, 1912, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this twelfth day of December, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command.
G. F. PEARCE.
REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Part V.—Citizen Forces.
Amendment.
At end of last paragraph “Recruits” of Regulation 155 add—
“provided that any trainee promoted to a rank higher than that of private during his first year of training, may be paid at the rate prescribed for the rank to which promoted.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.16517.—Price 3d.
Overview
The Statutory Rules 1912 No. 229, titled "Provisional Regulations Under the Defence Act 1903–1912," was enacted to address the immediate need for provisional regulations concerning universal training within the citizen forces under the Defence Act 1903–1912. The urgency of this legislative instrument was acknowledged by the Governor-General, who, acting on the advice of the Federal Executive Council, certified that the regulations should come into immediate effect. The regulation specifically amends the existing provisions regarding the remuneration of recruits in the citizen forces, providing that trainees promoted to a rank higher than private during their first year of training are to be paid at the rate prescribed for the rank to which they are promoted. This legislative measure aims to ensure that personnel within the Defence forces are compensated fairly and in accordance with their rank, thus maintaining morale and incentivising performance within the citizen forces.
Scope and Application
The Provisional Regulations under the Defence Act 1903–1912, specifically Regulation 155, apply to members of the Citizen Forces undergoing universal training within the Commonwealth of Australia. These regulations, coming into immediate effect from the first day of July, 1912, are designed to address the financial compensation of trainees who are promoted to ranks higher than that of a private during their first year of training. The regulations provide that such promoted trainees shall be paid at the rate prescribed for the rank to which they have been promoted, thereby ensuring equitable remuneration based on their new rank. These provisions extend across the national jurisdiction, impacting all members of the Citizen Forces in training across the Commonwealth. Notably, the regulations do not specify exclusions or exemptions, implying a broad application to all eligible individuals within the Citizen Forces. While the primary regulation is set forth, it is subject to amendment and further clarification through subordinate instruments, which may expand or restrict its application as needed.
Key Provisions
The main operative sections of these Provisional Regulations under the Defence Act 1903–1912 pertain to the remuneration of trainees in the Citizen Forces. Specifically, Regulation 155 is amended to include a provision that any trainee promoted to a rank higher than that of private within their first year of training may be paid at the rate prescribed for the rank to which they have been promoted (Regulation 155, Amendment). This provision is added to the existing text concerning recruits, thus ensuring that the remuneration of trainees is aligned with their rank if they achieve promotion during their initial training period.
The obligations and requirements imposed by these regulations are primarily focused on the administrative management of remuneration for trainees within the Citizen Forces. The regulations require that any trainee who is promoted to a rank higher than that of private during their first year of training must be paid according to the prescribed rate for that new rank. This provision aims to maintain fairness and consistency in the payment structure within the Citizen Forces, ensuring that trainees are compensated appropriately based on their rank and the duties associated with it.
In terms of potential consequences for non-compliance, the regulations themselves do not explicitly state any offences, penalties, or civil or criminal consequences for breach. However, failure to adhere to these remuneration provisions could potentially result in legal challenges or disputes regarding the appropriate compensation for trainees. It is also worth noting that any breaches of Defence Act provisions, including those related to remuneration, could result in administrative, civil, or criminal penalties as prescribed by the broader legislative framework governing the Defence Forces.
Overall, these Provisional Regulations provide a clear directive on how remuneration should be handled for trainees who are promoted within their first year of training. The regulations ensure that any such promotions are reflected in the pay rates, thereby maintaining equity and adherence to the prescribed pay scales within the Citizen Forces.