War Service Regulations 1916 (Amendment)

Legislation au C1916L00253 Regulations Not in force Legislative Instrument

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STATUTORY RULES,

1916. No. 253

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REGULATIONS UNDER THE DEFENCE ACT 1903–1915 AND THE WAR PRECAUTIONS ACT 1914–1916.

War Service Regulations 1916.

I, SIR JOHN MADDEN, Lieutenant-Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, hereby make the within Regulations under the Defence Act 1903–1915 and the War Precautions Act 1914–1916 to come into operation forthwith.

Dated this eighteenth day of October, One thousand nine hundred and sixteen,

JOHN MADDEN,

Deputy of the Governor-General.

By His Excellency's Command,

G. F. PEARCE,

Minister of State for Defence.

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War Service Regulations 1916.

Amendments.

Regulation 3. — In Regulation 3 after the words " In these Regulations unless the contrary intention appears" insert—

“‘Authorized’ means authorized by the Military Board.”

Regulation 9.—Sub-Regulation (2) of Regulation 9 be amended by omitting the word “six” and inserting in its stead the word “three”

Regulation 13.––Regulation 13 be amended by inserting after the word “Force” the words—

“before leaving Australia, or who has served outside Australia and was discharged or dismissed on the ground of medical unfitness caused by his own misconduct or on the ground that his services were no longer required.”

After Regulation 13 insert the following new Regulations:—

Enrolment of person exempt under the Defence Act.

“13a. (1) Upon the issue of a Proclamation by the Governor-General under Section Sixty of the Defence Act calling upon a class of persons to enlist and serve, all persons who, but for provisions of Section Sixty-one of the Defence Act, would have been liable under that Proclamation to attend for enlistment and service, shall attend for enrolment at such times and places as may be notified by the Military Registrar or Assistant Military Registrar of a sub-district by notices exhibited at Post Offices and other authorized places, or by notice in the public press or by notice posted to the person's last known place of abode.

(2) All persons so attending for enrolment shall give such information as may be required.

(3) Any person who—

(a) fails to attend for enrolment in accordance with the provisions of this Regulation; or

(b) refuses or neglects without just cause (proof whereof shall lie upon him), to give such information as may be required of him under the provisions of this Regulation; or

 

 

C.13830.—Price 3d.


(c) gives false information when required to give information under the provisions of this Regulation,

shall be guilty of an offence against the War Precautions Act.”

Proof of certain matters.

“13b. In any proceedings against a person for failure to attend for enlistment in accordance with these Regulation the averment of the prosecutor that the person is a person liable for enlistment under a Proclamation made by the Governor-General under Section Sixty of the Defence Act shall be deemed to be proved in the absence of proof to the contrary.”

Regulation 14.—Regulation 14 be amended—

(a) by omitting from Sub-Regulation (1) thereof the word “ in” and inserting in its stead the word “for”

and

(b) by inserting after Sub-Regulation (2) thereof the following Sub-Regulation:-

(“2a.) Where there is no Court of Summary Jurisdiction in a Sub-District the Courts of Summary Jurisdiction in the adjoining Sub-Districts shall be the Local Exemption Courts for that Sub-District”

Regulations 18, 19, 28. 52 and 53.—Regulations 18, 19, 28, 52 and 63 be amended by deleting the words” in the Sub-District “ (wherever they occur) and inserting in their stead the words” for the Sub-District”.

Regulation 19.—Regulation 19 be amended by adding thereto the following proviso:—

“Provided that where a person included in a schedule under Regulation 46 of these Regulations also submits a. personal application for exemption on grounds other than those set out in the schedule, the Local Exemption Court to which the schedule is referred under Regulation 46 shall also have jurisdiction to hear and determine the application of that person”

Regulation 35.—Regulation 35 be amended by inserting after Sub-Regulation (1) the following Sub-Regulation:—

“(1a) For the purpose of this Regulation an only son shall include a person whose only brother is an imbecile or permanently insane or permanently incapacitated by physical ailments from rendering any aid to his parents.”

Regulation 36.—Sub-Regulation (1) of Regulation 36 be amended by inserting after the words “together with the sons” the words “(if any)”.

Regulation 50.—Regulation 50 be amended by deleting the word "section" and inserting in its stead the word “Division”.

Regulation 73.—Sub-Regulation (1) of Regulation 73 be amended:—

(a) by inserting after the word “discharged” (where it first occurs) the words “on the ground of medical unfitness caused by his own misconduct”, and

(b) by deleting the words “if the member has been discharged on the grounds of medical unfitness”.

Regulation 82.—Regulation 82 be amended by deleting the word “six” and inserting in its stead the word “three”.

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

Overview

The War Service Regulations 1916 were enacted to address the need for streamlined and efficient military enlistment and service regulations during the First World War. This legislative instrument was made under the authority of the Defence Act 1903–1915 and the War Precautions Act 1914–1916 by Sir John Madden, Lieutenant-Governor of Victoria, acting as the Deputy of the Governor-General, with the advice of the Federal Executive Council. The policy objective was to provide a cohesive and legally binding framework for managing the enlistment, service, and exemption of individuals in the Australian military during wartime. The regulations aimed to ensure that the military could effectively manage personnel, including provisions for exemptions and amendments to existing regulations to accommodate the exigencies of war.

Scope and Application

The War Service Regulations 1916, made under the Defence Act 1903–1915 and the War Precautions Act 1914–1916, applies to individuals who are subject to enlistment and service under the Defence Act, including those who would be liable to attend for enlistment and service upon the issue of a Proclamation by the Governor-General. This legislation covers the entire Commonwealth of Australia, encompassing all states and territories, and is applicable to any person within its jurisdiction who falls under the specified categories of enlistment and service. The Regulations lay out specific requirements for enrolment, information disclosure, and penalties for non-compliance, which includes offences under the War Precautions Act for those who fail to comply with enrolment or information requirements. Certain amendments and insertions into the Regulations clarify definitions, modify procedural aspects, and extend the scope of exemptions and the application of local exemption courts. This legislation does not specify any exclusions, exemptions, or thresholds but allows for the extension or restriction of application through subordinate instruments as necessary.

Key Provisions

The War Service Regulations 1916, as amended, set forth the requirements and provisions for military service during wartime under the Defence Act 1903–1915 and the War Precautions Act 1914–1916. Regulation 3 redefines 'authorized' to mean actions authorised by the Military Board, while Regulation 9 reduces the age limit for enlistment from six to three years (Reg. 9(2)). Regulation 13 specifies that those who have left Australia and were discharged or dismissed due to medical unfitness caused by their own misconduct, or because their services were no longer required, are subject to the regulations (Reg. 13 amended). Regulation 13a mandates that individuals exempt under the Defence Act must attend for enrolment if called upon by a Governor-General's Proclamation, and failure to comply constitutes an offence under the War Precautions Act (Reg. 13a(1)-(3)). These regulations impose several obligations on individuals and entities. Firstly, they require all eligible persons to attend for enrolment and provide necessary information when summoned by the Military Registrar or Assistant Military Registrar (Reg. 13a(1)-(3)). Additionally, the Local Exemption Courts are tasked with handling exemption applications, including those submitted by individuals not listed in the schedule under Regulation 46 (Reg. 19). The Courts of Summary Jurisdiction in adjoining sub-districts may also serve as Local Exemption Courts if there is no such court in the sub-district in question (Reg. 14 amended). These provisions ensure that all eligible persons are accounted for and that exemption applications are processed appropriately. Failure to comply with these regulations can result in severe consequences. Under Regulation 13a, not attending for enrolment, refusing to provide required information, or providing false information are all considered offences under the War Precautions Act. The penalties for such offences are not explicitly stated in the regulations, but they would likely align with the provisions of the War Precautions Act, which could include fines and imprisonment. Furthermore, the averment of the prosecutor in proceedings for failure to attend for enlistment is deemed proved unless there is evidence to the contrary (Reg. 13b). This stringent approach underscores the seriousness with which the regulations are to be taken.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.