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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These 1908 Defence Regulations set the administrative, organisational and disciplinary framework for the Commonwealth Military Forces, establishing civilian oversight, military command and personnel rules for full‑time, militia and volunteer service and creating courts‑martial and disciplinary procedures. They apply to all Australian service members across branches and states.
They matter because they replaced colonial systems with a unified legal and command basis for military discipline, organisation and ceremonial practice.
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Direct links to the current provisions in Military Forces of the Commonwealth Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1908. No. 60.
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PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
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 Revised Regulations under the Defence Acts 1903-1904 should come into operation on and from the 1st June, 1908, and make the Regulations to come into operation accordingly as Provisional Regulations.
Dated this twenty-first day of May, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command—
THOS. EWING.
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The Regulations for the Military Forces of the Commonwealth heretofore made, whether provisional or otherwise, are hereby repealed, except that all appointments made thereunder will bear date of the original appointment.
DEFINITIONS.
“Head-Quarters” means the office of the Central Administration.
“District Head-Quarters” means the Office of a District Commandant.
“Military Decoration” means any medal, clasp, good conduct badge, or decoration.
“Superior Officer,” when used in relation to a soldier, includes a Warrant Officer not holding a commission, and also a Non-commissioned Officer.
“The Act” means the Defence Acts 1903-1904.
“Rank,” unless it is otherwise stated, means, in the case of an Officer, the highest permanent rank held by him when serving, whether substantive, brevet, or honorary.
“Substantive Rank” shall include all rank except brevet, honorary, local, and temporary.
The term “conduct sheet” or “conduct book,” without the prefix “regimental,” will be understood to mean the squadron, battery, or company conduct sheet or book.
The term “company” will be understood to mean squadron, battery, or company, as the case may be, according to the nomenclature of the portion of the Defence Force to which any regulation may be applied, and includes any corresponding subdivision, such as a transport and supply column.
ABBREVIATIONS.
C.M.R.=Commonwealth Military Regulations.
C.M.F.=Commonwealth Military Form.
C.M.B.=Commonwealth Military Book
D.A.=Defence Acts 1903-1904.
| S.O. = Standing OrderM. O.= Military Order | Issued by the Military Board. |
|---|
Regulations referring to Permanent Forces only are marked with the letter “P.” in the margin; to Citizen Forces only, with the letter “C”; to Militia Forces only, with the letter “M”; and to Volunteer Forces only, with the letter “V”
C. 9374.— Price 2s. 3d.
Paragraphs of the Regulations which have been amended, or redrafted, or are new, are denoted by a black line in the margin.
PART II.
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REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.
Nothing in these Regulations shall be construed to be contrary to or inconsistent with any provision of the Act.
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THE COUNCIL OF DEFENCE.
Constitution.
Regular members.
The regular members are the Minister of State for Defence (who is the President), the Treasurer, the Inspector-General, the Director of the Naval Forces, and the Chief of Intelligence.
Consultative members.
The consultative members, at a meeting of the Council, are such officers of the Citizen Forces and expert advisers as are summoned by the President to that meeting.
Meetings.
Meetings of the Council are convened by the President. If the President is not present at a meeting, the Treasurer, if present, shall preside, and if the Treasurer is not present then the Inspector-General shall preside.
Quorum.
Three regular members constitute a quorum of the Council.
Secretary.
The Permanent Head of the Department of Defence is the Secretary to the Council.
Minutes.
Minutes are kept of the proceedings of all meetings of the Council.
POWERS AND FUNCTIONS OF THE COUNCIL OF DEFENCE.
The Council of Defence inquires into, discusses, and records opinions upon matters submitted to it by the Minister affecting—
(a) The general policy of the Naval and Military Defence of the Commonwealth;
(b) Measures necessary for the defence of the Commonwealth in time of war;
(c) The total expenditure on Defence, and its distribution.
THE MILITARY BOARD.
CONSTITUTION OF THE BOARD OF ADMINISTRATION FOR THE MILITARY FORCES.
Constitution.
Regular members.
The regular members are the Minister (who is President of the Board), the Adjutant-General, the Chief of Intelligence, the Chief of Ordnance, and the Finance Member.
Consultative members.
The consultative members, at a meeting of the Board, are such officers of the Citizen Military Forces as are summoned by the President to that meeting.
Meetings.
Meetings of the Military Board are convened by the President. In the absence of the President, the Senior Military Officer present shall preside.
Quorum.
Three members constitute a quorum.
Minutes.
Minutes are kept of the proceedings of all meetings of the Military Board.
POWERS AND FUNCTIONS OF THE MILITARY BOARD.
The Military Board, subject to the control of the Minister, is charged with the administration of all matters relating to the Military Forces.
Members of the Board and Officers appointed in connexion therewith severally exercise such powers and perform such duties, as are from time to time assigned to them by the Minister.
The Military Board will refer all matters in connexion with the appointment of Commandants and officers of the District Head-quarters Staffs to the Inspector-General for his advice and recommendation.
PROMOTION BOARD.
Promotion Board.
THE INSPECTOR-GENERAL.
Inspector-General.
He will furnish a report to the Military Board on the 1st January of each year, and intermediate reports whenever he thinks fit, or is so requested by the Minister or the Board.
He will report on all matters in connexion with the appointment of Commandants and officers of District Headquarters Staffs which are referred to him by the Military Board.
He is President of a Board to consider and make recommendations with regard to all promotions in the Military Forces of the Commonwealth to ranks above the rank of Captain.
By virtue of his office he takes rank and precedence as the senior officer of the Military Forces of the Commonwealth.
MILITARY DISTRICTS.
Military Districts.
(1) New South Wales,
(2) Victoria,
(3) Queensland,
(4) South Australia,
(5) Western Australia,
(6) Tasmania,
are appointed Military Districts under the Act.
PRECEDENCE OF CORPS.
Precedence of Corps.
(1) The Regiments of Light Horse.
(2) The Royal Australian Artillery Regiment.*
(3) Batteries of Australian Field Artillery.*
(4) Companies of Australian Garrison Artillery.
(5) The Corps of Australian Engineers—
(a) Royal Australian Engineers.
(b) Australian Engineers.
(6) The Infantry Regiments.
(7) The Australian Intelligence Corps.
(8) The Australian Corps of Signallers.
(9) The Australian Army Service Corps.
(10) The Australian Army Medical Corps.
(11) The Reserve Forces.
(12) The Military Cadet Corps.
* The Royal Australian Artillery Regiment (if mounted), and the Batteries of Australian Field Artillery (if allotted to units of Light Horse) on ceremonial parade with their guns, to take the right, and march at the head of the Light Horse Regiments.
A 2
Units of same Arm.
Different units of the same Arm take precedence in accordance with their numerical succession, except that a unit of the Permanent Forces shall always take precedence of a unit of the same Arm not forming part of the Permanent Forces, and in like manner a unit of the Militia Forces shall take precedence of a unit of the same Arm of the Volunteer Forces. Units which are not included in any numerical succession will take precedence by Military Districts and in accordance with the order given in the authorized Military Forces List.
On parade or for the purposes of manœuvring, units will be distributed and drawn up in the mode which the officer in command of such parade or manœuvres may deem most convenient.
COMMAND, RANK, PRECEDENCE, ETC., OF OFFICERS.
Command.
7a. In all Regulations and Standing Orders of the Military Forces of the Commonwealth, including Financial and Allowance Regulations, unless the context otherwise provides, the terms “Commanding Officer,” “Officer Commanding,” “Commanding Officer of regiment, corps, or unit,” include an “Officer Commanding Australian Intelligence Corps for a District.”
Half-pay, ill-health.
Half-pay on account of wounds, &c.
Imperial officers.
Exercise of command.
11 The function of command is to be exercised by the senior combatant officer, except in cases where an officer has been specially appointed to the command of a body of forces or appointed to the command of a corps, irrespectively of the branch of the service to which he belongs.
In the case of a District Commandant being temporarily absent from his district, or unable for temporary reasons to perform his duties, the functions of his command may be administered by the senior or other staff officer present, subject to the approval of the Military Board.
Notwithstanding the foregoing, the Inspector-General shall be entitled to assume command at any parade of the Military Forces not being a parade held in time of war.
The Australian Intelligence Corps is a combatant corps forming part of the Militia Forces but no officer of this corps shall exercise command over other corps except for the substantive rank for which he has qualified in the examinations prescribed for Light Horse, Artillery, Engineers, or Infantry.
Command of detachments.
Local and temporary rank
Officers appointed to act temporarily in a higher rank shall take rank among themselves, while so acting, according to the dates of their temporary appointments, but as junior to all permanent officers of the same grade.
Brevet rank.
Honorary rank.
Departmental and other officers.
Officers of the Australian Army Medical Corps will not be entitled to the presidency of courts-martial, nor will they exercise any military command outside their corps, except over such officers and soldiers as may be attached thereto for duty, and over all patients in military hospitals.
Corresponding Ranks in the Military and Naval Forces of the Commonwealth.
Corresponding rank gives no claim to command.
Nothing contained in these Regulations is to give a claim to any officer of the Naval Forces to assume command of the Commonwealth Military Forces on shore, nor to any officer of the Commonwealth Military Forces to assume command of any of the ships of the Commonwealth, or any of the officers or men thereunto belonging, unless under special authority from the Governor-General for any particular service.
Corresponding Ranks.
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