STATUTORY RULES.
1914. No. 51.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendment to Universal Training Regulation 122.
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 twenty-seventh day of May, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN.
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REGULATIONS (PROVISIONAL) FOR UNIVERSAL TRAINING.
Part V.—Citizen Forces.
Amendment.
Regulation 122—After paragraph (2) insert new paragraph—
“(3) When a person liable to be trained under the provisions of Part XII. of the Act has been committed by a Court to the custody of the officer commanding a place of detention, the Court may empower a member of the Permanent Forces to take such person into custody for the purpose of conducting him to the place of detention to which he has been committed.”
Paragraph now numbered (3) to be renumbered (4).
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the Stale of Victoria.
C.4628.—Price 3d.
Overview
The Statutory Rules 1914, No. 51, enacted on 27 May 1914, amends the Universal Training Regulations under the Defence Act 1903-1912. This legislation was introduced to address the need for more efficient and effective management of individuals who are required to undergo military training but are currently in the custody of a court. The regulation was made under the authority of the Governor-General in Council, recognising the urgency of the matter. The policy objective of this amendment is to streamline the process of transferring individuals from court custody to designated places of detention for the purpose of mandatory military training, thereby ensuring compliance with the provisions of Part XII of the Defence Act.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 apply to individuals who are liable for universal training as stipulated in Part XII of the Act. These regulations pertain specifically to members of the Citizen Forces and cover the conduct of persons who are required to undergo training. The geographic and jurisdictional reach of these regulations is limited to the Commonwealth of Australia, encompassing all states and territories under the federal government's authority. The regulations provide for the amendment of Regulation 122, detailing the procedure for taking into custody a person committed by a court and allowing a member of the Permanent Forces to conduct that person to the place of detention specified by the court. This amendment ensures a seamless transition for individuals who are required to serve their training sentences in a custodial setting. The application of these regulations is immediate, as they are designated as Provisional Regulations, effective from the date of their promulgation.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912, specifically Regulation 122, amend the existing provisions concerning universal training within the Citizen Forces (Regulation 122(2)). A new subsection (3) has been introduced, which allows a member of the Permanent Forces to take into custody a person who is liable to be trained under the Act, if that person has been committed to the custody of an officer by a court. This amendment ensures that a member of the Permanent Forces can transport such individuals to the place of detention specified by the court (Regulation 122(3)). The former subsection (2) is now renumbered as (4).
These regulations impose specific obligations on both the courts and the members of the Permanent Forces. Courts are now empowered to instruct a member of the Permanent Forces to take a committed individual into custody for the purpose of transportation to the designated detention facility (Regulation 122(3)). Meanwhile, the member of the Permanent Forces is required to comply with such instructions when issued by a court, facilitating the enforcement of court orders and ensuring that individuals are transported securely and efficiently to their designated places of detention (Regulation 122(3)).
Failure to comply with the provisions of these regulations could potentially lead to legal consequences. Although the specific offences and penalties are not detailed in this particular legislative instrument, breaches of Defence Act regulations generally may result in criminal charges, with penalties including fines and imprisonment. The exact penalties would be determined by the courts based on the severity of the breach and applicable laws at the time of the offence.