STATUTORY RULES.
1912. No. 253.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1912.
Amendments to Universal Training Regulation 148.
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-fourth 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.
Amendments
Regulation 148—
Cancel the first paragraph, and substitute the following therefor:—
148. The maximum terms during which officer will be permitted to serve in units of the Citizen Forces shall be as follows:—
In the rank of 2nd Lieutenant or Lieutenant, eight years;
Up to the rank of Captain, twelve years;
Up to the rank of Major, fifteen years;
Up to the rank of Lieutenant-Colonel, twenty years;
provided that, on the recommendation of a District Commandant, an officer may at any time be transferred to the Unattached List, or to the Reserve of Officers, if considered necessary in the interests if the Service.
Cancel the fourth paragraph and substitute the following therefor:—
The limitations in this regulation may be waived on the recommendation of the District Commandant.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.17855.—Price 3d.
Overview
The Statutory Rules 1912, No. 253, titled "Provisional Regulations under the Defence Act 1903-1912," were introduced to amend the Universal Training Regulation 148 with immediate effect. Enacted by the Governor-General in Council on the advice of the Federal Executive Council due to an urgency, these regulations sought to address immediate needs in the Citizen Forces' service terms and conditions. The overarching objective was to provide a structured framework for the maximum duration of service for officers in different ranks, while also allowing flexibility through the recommendations of District Commandants for transfers and exceptions to the established limitations.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1912 pertain to the management and service terms of officers within the Citizen Forces of the Australian Defence Force. These regulations are specifically aimed at governing the maximum duration for which officers can serve in various ranks within the Citizen Forces, setting out distinct terms for each rank, from Second Lieutenant to Lieutenant Colonel. Additionally, the regulations allow for flexibility through the potential transfer of officers to the Unattached List or the Reserve of Officers, contingent on recommendations from District Commandants, and can be waived under similar circumstances. The regulations apply nationally as they are enacted under the Commonwealth of Australia's authority, impacting all officers serving in the Citizen Forces across the country. There are no explicit exclusions or exemptions mentioned in the text, and the scope is limited to the terms of service for officers within the specified ranks. The regulations are intended to come into immediate operation as provisional measures, subject to potential amendments or confirmations in future legislative actions.
Key Provisions
The Provisional Regulations under the Defence Act 1903-1912, particularly Regulation 148, introduce significant changes to the terms of service for officers within the Citizen Forces. Specifically, Regulation 148 sets out the maximum durations for which officers can serve in various ranks, with 2nd Lieutenants or Lieutenants permitted to serve for up to eight years, Captains up to twelve years, Majors up to fifteen years, and Lieutenant-Colonels up to twenty years (Regulation 148). This regulation also provides flexibility by allowing officers to be transferred to the Unattached List or the Reserve of Officers at any time, based on the recommendation of a District Commandant, if such a transfer is deemed necessary for the interests of the Service (Regulation 148).
These regulations impose clear obligations on both the officers and the District Commandants. Officers must adhere to the specified service durations for their respective ranks unless a transfer recommendation is made by a District Commandant. The District Commandants, on the other hand, have the responsibility to assess the necessity of any such transfers, ensuring that the Service's interests are upheld. Additionally, the regulation allows for the limitations on service duration to be waived, again on the recommendation of a District Commandant, providing a mechanism for flexibility in exceptional circumstances (Regulation 148).
Breaches of these regulations could potentially lead to administrative or disciplinary actions, although the specific legal consequences are not detailed in the provided text. The regulations do not explicitly outline penalties or consequences for non-compliance, but it can be inferred that any failure to adhere to the prescribed terms of service or improper recommendations by District Commandants could result in disciplinary measures within the military hierarchy. The exact nature of these consequences would likely be governed by other provisions within the Defence Act 1903-1912 or subsequent regulations.