STATUTORY RULES.
1915. No. 46.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1914.
Regulations for Universal Training—Part III.—Senior Cadets—Regulation 30 (c)—Addition.
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 1903-1914 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-third day of April, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
REGULATIONS FOR UNIVERSAL TRAINING.
Part III.—Senior Cadets.
Addition.
After Regulation 30 (B) add new Regulation 30 (C):—
“30 (C). Every person liable to training under Part XII. of the Act, who, having been committed by a Court to the custody of any prescribed authority, and having been detained in any prescribed institution or place—
(a) Refuses or fails to comply with the Regulations or orders governing that institution or place; or
(b) Refuses to perform any drill, training, or other duty required of him; or
(c) Disobeys or neglects to obey the orders of any officer or soldier placed in authority over him;
shall be guilty of an offence, and shall, on conviction by a Court of Summary Jurisdiction, be liable to suffer one of the following penalties, namely:—
(a) Detention, that is to say, confinement in military detention rooms for a period not exceeding twenty days;
(b) Confinement in the custody of the prescribed authority for a further period not exceeding twenty days.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C. 3950.—Price 3d.
Overview
The Statutory Rules 1915, No. 46, under the Defence Act 1903-1914, introduced provisional regulations concerning universal training for senior cadets. Enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations were necessitated by the urgency of ensuring compliance and discipline among those liable for training. The aim of these regulations was to address the gap in enforcing discipline and obedience among cadets who, while detained in prescribed institutions, might otherwise refuse to comply with training regulations or orders, fail to perform required duties, or disobey authority. The policy objective, as implied by the stringent penalties outlined, was to maintain order and ensure that cadets adhere strictly to the prescribed conduct, thereby upholding the integrity of the training regime.
Scope and Application
The Provisional Regulations under the Defence Act 1903-1914, as outlined in Statutory Rules 1915, No. 46, pertain specifically to the conduct of individuals liable to training under Part XII of the Act. These regulations target senior cadets who, while in the custody of a prescribed authority, fail to comply with the established regulations, orders, or duties. The scope of these regulations encompasses any person who has been committed by a court and is detained in a prescribed institution or place. The regulations apply to conduct such as refusing to comply with the institution's rules, neglecting to perform required drills or duties, or disobeying the orders of officers or soldiers. The geographic and jurisdictional reach of these regulations is national, as they are issued under the authority of the Commonwealth of Australia. The penalties for conviction under these regulations include detention in military detention rooms for up to twenty days or confinement in the custody of the prescribed authority for a similar period. The application of these regulations is immediate and urgent, as certified by the Governor-General, acting on advice from the Federal Executive Council.
Key Provisions
The primary operative section of this legislation (Regulation 30(c)) outlines the circumstances under which a person liable to training under Part XII of the Defence Act 1903-1914 may be considered to have committed an offence. Specifically, it states that any person who has been committed by a court to the custody of a prescribed authority and detained in a prescribed institution or place may be found guilty of an offence if they refuse or fail to comply with regulations or orders governing the institution, refuse to perform any drill, training, or duty required of them, or disobey or neglect to obey the orders of an officer or soldier placed in authority over them. This regulation is designed to ensure discipline and compliance among individuals who are under detention as part of their universal training obligations.
The obligations imposed by this Act on the parties or entities it governs are quite specific. Individuals who are committed by a court and detained in a prescribed institution must comply with all relevant regulations and orders, perform any required drill, training, or duty, and obey the orders of any officer or soldier in authority over them. Failure to meet these obligations can result in the imposition of penalties outlined in the Act. The Act also imposes obligations on the prescribed authorities to enforce these regulations and ensure compliance from the detained individuals.
The consequences for breach of the provisions of this Act are clearly outlined in the legislation. Any person found guilty of an offence under Regulation 30(c) will be liable to suffer a penalty on conviction by a court of summary jurisdiction. The permissible penalties include detention, which means confinement in military detention rooms for a period not exceeding twenty days, or confinement in the custody of the prescribed authority for a further period not exceeding twenty days. These penalties are intended to provide a deterrent against non-compliance and to maintain discipline within the prescribed institutions.