STATUTORY RULES.

1915. No. 209.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1915.

Regulations for Universal Training, Parts I., II., and III.—Regulations 4, 5, 6, 7, 8a, 9, 10, 18, 20, 21, 22, 25, 25a, 30, 34, 43.

Amendments.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, an account of urgency, the following Regulations under the Defence Act 1903-1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this twenty-seventh day of October, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

Regulations for Universal Training, Parts I., II., and III.

Amendments.

Regulation 4 is cancelled, and the following substituted therefor:—

“4. (1) (a) All persons who are required to register in accordance with section 142 of the Defence Act will do so by filling in a Registration Form, and forwarding it to the Area Officer in whose Area he resides, or by filling in such form and handing it to a Postmaster, who shall thereupon forward it to such Area Officer.

(b) Every such person who is not present in Australia during the months of January and February of the year in which he reaches the age of fourteen years shall, if not exempt from training under section 138(1) (f) of the Act, register himself in the manner prescribed in (a) not later than thirty days after completion of six months’ residence in Australia.

(c) Every such person, who is not bonâ fide resident within a distance of 5 miles, reckoned by the nearest practicable route from the nearest place appointed for training during the months of January and February of the year in which he reaches the age of fourteen years, shall register himself in the manner prescribed in (a) not later than thirty days after he has become bonâ fide resident within such distance of a place appointed for training.

C.8802.—Price 3d.


(2) Parents, guardians, and other persons acting in loco parentis of these persons who are liable to be registered are hereby required to register such persons as above prescribed.

(3) Section 85 of the Act prescribes a penalty not exceeding £10 for a contravention of this regulation.

Regulation 5 is cancelled, and the following substituted therefor:—

“5. (1) Every person who changes his address after making his registration shall, within a period of thirty days of such change, notify such change of address to the Area Officer.

(2) Notification may be made either personally or in writing, and shall specify the person’s new address, and former address, and the name of the Training Area (if any) in which the place of such former address was situated.

(3) Any Area Officer so notified shall communicate such change of address to the Area Officer of any other Training Area affected thereby.”

Regulation 6 is cancelled, and the following substituted therefor:—

6. (1) Forms of registration shall be sent to Postmasters, and shall, on application, be issued by such Postmasters to those persons who are liable to register, and shall be sent by such Postmasters, when delivered to them by the persons making the registrations, to the Area Officer.

(2) Postmasters shall forward to the Area Officer of the Training Area a form notifying that a further supply of registration forms is required by him for issue.

(3) No person shall be excused from making the registration required by the Act by reason of there being no forms available at a post-office.

Regulation 7—

Delete “Defence Act 1903-1912,” and substitute therefor “Defence Act 1903-1915.”

Delete the words, “This part to be used in cases where the person to be registered does not personally make the registration.”

Regulation 8a to be numbered 9, and heading “Medical Examination” cancelled.

Regulation 9 is cancelled.

Regulation 10 is cancelled, and the following substituted therefor:—

“Persons to whom temporary exemptions are granted under Regulation 21 may be excused by the Area Officer from attending the prescribed inspection and medical examination, and may be required by such Area Officer to attend such inspection or medical examination at subsequent dates.”

Regulation 18 (4) is cancelled, and the following substituted therefor:—

(4) The Duplicate Record Book shall, in the case of the Senior Cadets, and of all other persons who have registered, but are not allotted to a unit, be retained by the Area Officer of the Area in which the person resides. In the case of those to whom record books have been issued, but who do not reside within a Training Area, the Duplicate Record Book will be retained by the District Commandant or other officer authorized by him.


Regulation 20 is cancelled, and the following substituted therefor:—

“Any person exempt from training on account of residing more than 5 miles from the nearest place appointed for training, is required, in the event of his moving to a place where he is a bonâ fide resident within 5 miles of a place appointed for training, to report himself within thirty days of such removal to the Area Officer in charge of the Area, who will thereupon cancel any certificate of exemption which may have been granted, and such person will be required to attend for training as directed by the Area Officer.”

Regulation 21 is cancelled, and the following substituted therefor:—

District Commandants are authorized to grant temporary exemptions, not exceeding one year, renewable from time to time, to persons who reside at so great a distance from the place appointed for training that compulsory attendance would involve great hardships.

Regulation 22 is cancelled, and the following substituted therefor:—

22. (1) District Commandants, or officers appointed by them, may give certificates of exemption from training to persons who have registered, but do not reside in Training Areas.

(2) Area Officers may give certificates of exemption to persons residing within their Areas who are exempt from training for any of the prescribed reasons, provided that the certificate of exemption will be given to persons who are not required to register.

(3) Exemptions shall be entered in the Record Books of the persons exempted, and shall be signed by the authorities referred to in (1) or (2), as the case may be.

U.T. Regulation 25.—Paragraph (6) is cancelled, and the following substituted therefor:—

“(6) The establishment of a Company shall be as approved by the Military Board.”

U.T. Regulation 25a.—That portion which reads—

“Educational institutions, having as students thereat not less than sixty Senior Cadets, may be allowed to have separate half-companies or detachments organized for their training, provided, and so long as, not less than one officer of each company or detachment is a teacher in the institution,”

is cancelled, and the following substituted therefor:—

“Education institutions, having as students thereat not less than sixty Senior Cadets, may be allowed to have separate companies or detachments organized for their training, provided, and so long as, not less than one officer of each company or detachment is a teacher in the institution.”

Regulation 30 is cancelled, and the following substituted therefor:—

30. (1) The following shall be the prescribed authorities and persons referred to in sections 135 and 135a of the Act:—

Under Section 135 (2)—

The Commanding Officer, Adjutant, or other Officer appointed by the District commandant.


Under Sections 135(4), 135(5), 135(7), and 135(a)

Any member of the Permanent Military Forces or any Area Officer.

The following shall be the prescribed “Institution or Place” referred to in section 135 sub-section 5 of the Act:—

“Any place kept or used for Military purposes, or any other institution or place approved by the Minister.”

(2) The prescribed officer referred to in section 110(5) of the Act, and authorized by that section to bring a prosecution in any Court of summary jurisdiction against a soldier or person liable to render personal service under the provisions of Part XII. of the Act, shall be—

“Any Officer of the Provost Staff, or any other Officer appointed by the District Commandant.”

At the end of paragraph (6), in Regulation 34, add—

“Provided that in time of war, such officers may continue to hold office for such further time (not exceeding a period of eighteen months beyond the termination of the war) as may be approved by the Military Board.”

Regulation 43.—Paragraph (1), which reads—

“(1) Officers of the Senior Cadets who have been confirmed in their rank, and who are temporarily unable to discharge the more active duties involved by service in a Senior Cadet Battalion, may be transferred to an Unattached List,”

is cancelled, and the following substituted therefor:—

“(1) Officers of the Senior Cadets, provided they have served not less than five years as officers, and are not liable for training under Part XII. of the Defence Act, who have been confirmed in their rank, and who are temporarily unable to discharge the more active duties involved by service in a Senior Cadet Battalion, may be transferred to an Unattached List.”

 

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