Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 1271

Australian Military Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations under the Defence Act 1903.

Dated 17 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

R. Kelly

Minister of State for Defence Science and Personnel

Commencement

1. These Regulations commence on 1 July 1988.

Interpretation

2. Regulation 3 of the Australian Military Regulations is amended:

(a) by inserting after the definition of “Dental officer” the following definition:

“ ‘force’, in relation to a part of the Army, means one of the following parts of the Army;

(a) the Australian Regular Army;

(b) the Regular Army Supplement;

(c) the Regular Army Emergency Reserve;

(d) the Active Australian Army Reserve;

(e) the Inactive Australian Army Reserve;”; and

 

(S.R. 82/88)—Cat. No. 16/24.5.1988

 

(b) by inserting after the definition of “Non-commissioned officer” the following definition:

“ ‘officer’ means a person appointed as an officer of the Australian Army;”.

3. Regulation 76 of the Australian Military Regulations is repealed and the following regulation substituted:

Transfer of officers

“76. (1) In this regulation, ‘Division’ means a Division established in the Army by regulation 22.

“(2) The Governor-General, or the Chief of the General Staff, may, by instrument, transfer an officer:

(a) from one force in the Army to another; or

(b) from one Division to another;

if the officer, by instrument, volunteers for that transfer.”.

4. Regulations 135, 136, 138, 139 and 140 of the Australian Military Regulations are repealed and the following regulation is substituted:

Oath or affirmation

“135. (1) For the purposes of subsection 36 (2) of the Act, an oath or affirmation shall be taken and subscribed by a person before an officer, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations.

“(2) For the purposes of subsection 36 (2) of the Act:

(a) the prescribed form of oath is the form set out in Part I of the Schedule; and

(b) the prescribed form of affirmation is the form set out in Part II of the Schedule.”.

5. After regulation 143 of the Australian Military Regulations the following regulation is inserted:

Transfer of soldiers

“143a. The Chief of the General Staff may, by instrument, transfer a soldier from one force in the Army to another if the soldier, by instrument, volunteers for that transfer.”.

6. After regulation 174d of the Australian Military Regulations the following regulation is inserted in Division 7 of Part III:

Matters prescribed: paragraph 39 (3) (a) of the Act

“175. For the purposes of paragraph 39 (3) (a) of the Act, in relation to a soldier of the Australian Regular Army or Regular Army Supplement who has claimed a discharge, the following matters are prescribed:

(a) the Army’s potential to provide a replacement for that soldier;

(b) other manning considerations;

(c) training requirements;

(d) any operational requirements that are applicable.”.

Reasons for discharge of a soldier

7. Regulation 176 of the Australian Military Regulations is amended by inserting after subregulation (1) the following subregulation:

“(2) Paragraph (1) (g) does not apply in relation to a soldier of the Australian Regular Army unless:

(a) retrenchment in the Army is the subject of a document issued by or with the authority of the Chief of the General Staff;

(b) the soldier is given 12 months written notice that it is intended to discharge him or her because of that retrenchment; and

(c) that retrenchment is effected substantially in accordance with that document.”.

Notice to report for continuous full time military service

8. Regulation 193b of the Australian Military Regulations is amended by omitting from subregulation (1) “45, 46, 50 or 50b” and substituting “50d, 50e or 50f”.

Schedule

9. The Australian Military Regulations are amended by adding at the end the following Schedule:

 

SCHEDULE Subregulation 135 (2)

PART I

FORM OF OATH

I, (insert full name of person), swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a soldier in the (insert Australian Regular Army, Regular Army Supplement, Regular Army Emergency Reserve, Active Australian Army Reserve or Inactive Australian Army Reserve as the case requires), or in any other force in the Army in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires), that I will resist Her enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(Insert signature of person)

Taken and subscribed before me on (insert date)

(Insert signature of the officer of the Army, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations before whom the oath is taken and subscribed)

*Officer of the Army

(or)

*Justice of the Peace

(or)

*Commissioner for*Affidavits or

*Declarations

*(Omit whichever is not applicable)

PART II

FORM OF AFFIRMATION

I, (insert full name of person), promise that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a soldier in the (insert Australian Regular Army, Regular Army Supplement, Regular Army Emergency Reserve, Active Australian Army Reserve or Inactive Australian Army Reserve as the case requires), or in any other force in the Army in which I volunteer, and am accepted, for service, (insert for the period of insert number of years years and any extensions of that period or until attaining retiring age as the case requires), that I will resist Her enemies and faithfully discharge my duty according to law.

(Insert signature of person)

Taken and subscribed before me on (insert date)

(Insert signature of the officer of the Army, Justice of the Peace, Commissioner for Affidavits or Commissioner for Declarations before whom the affirmation is taken and subscribed)

*Officer of the Army

(or)

*Justice of the Peace

(or)

*Commissioner for*Affidavits or

*Declarations

*(Omit whichever is not applicable)

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 June 1988.

2. Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 38 and see also Statutory Rules 1988 Nos. 38 and 90.

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