Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 177 1

Australian Military Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903.

Dated 27 August 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Kim C. Beazley

Minister of State for Defence

Amendments

The Australian Military Regulations are amended as set out in the Schedule.

SCHEDULE

AMENDMENTS OF THE AUSTRALIAN MILITARY REGULATIONS

Provisions amended	Amendments
Heading to Part I..............	Omit, substitute the following heading:
“PART I—PRELIMINARY”
Subregulation 3 (1)...........	After the definition of “Army Reserve” insert the following definition:
“ ‘Corps’ means a corps referred to in subregulation 68 (1);”
In the definition of “Formation” insert “, Brigade” after “Division”
Omit the definition of “His Majesty’s Regular Forces”
Omit the definition of “Officer”
Omit the definition of “Regulations made under the Defence Act”
Omit the definition of “Soldier”

(S.R. 132/86)—Cat. No.  16/24.6.1987

SCHEDULE—continued

Provisions amended	Amendments
Omit “brevet, local, temporary,” from the definition of “Substantive rank”, substitute “temporary”
Omit “an officer” from the definition of “Temporary rank”, substitute “a member”
Omit “the officer” from the definition of “Temporary rank”, substitute “the member”
Insert after the definition of “ ‘The Defence Act’ and ‘The Act’ ” the following definition:
“ ‘unit’ means a unit specified in the Order of Battle for the Army”
Subregulation 3 (3)...........	Omit
Subregulation 3 (4)...........	Omit
Regulation 7....................	Repeal
Subregulation 10 (1).........	Omit “D.A.”, substitute “Act, in their application in relation to the Army and the members of the Army”
Subregulation 10 (2).........	Omit
Regulation 17..................	Omit “D.A.”, substitute “Act”
Regulation 43..................	Omit all words from and including “, but an officer”
Regulation 44..................	Repeal
Regulation 45..................	Repeal
Regulation 46..................	Omit “, irrespective of the arm or service to which he belongs”
Regulation 48..................	(a) Omit “or acting”
(b) Omit “permanent”, substitute “substantive”
Regulation 64..................	Omit “precedence”, substitute “seniority commencing with the most senior rank”
Paragraph 74 (3) (b).........	Omit, substitute the following paragraph:
“(b) has previously served as an officer in a part of the Defence Force or the Naval, Military or Air Forces of any of Her Majesty’s dominions other than Australia;”
Regulation 78..................	Repeal
Regulation 103.................	Repeal
Regulation 104.................	Repeal
Subregulation 108 (1).......	Omit “regiment” (wherever occurring), substitute “unit”
Subregulation 108 (3).......	Omit “regiment”, substitute “unit”
Subregulation 109 (1).......	(a) Omit “regiment”, substitute “unit”
(b) Omit all words from and including “Pars.”
Regulation 109.................	After subregulation 109 (1) insert the following subregulation:
“(1A) Paragraphs (1) (a), (b), (c) and (d) do not apply to officers of the Permanent Forces.”
Regulation 110.................	Repeal
Regulation 111.................	Repeal
Regulation 123a..............	Repeal
Subregulation 125 (5).......	Omit
Subregulation 129 (1).......	Omit “A.M.R.”, substitute “regulation”

SCHEDULE—continued

Provisions amended	Amendments
Regulation 131.................	Repeal
Paragraph 135 (1) (e)........	Omit “5”, substitute “6”
Subregulation 135 (6).......	Omit “paragraph (c) of the last preceding subregulation”, substitute “paragraph (5) (c)”
Subregulation 139 (1).......	Omit “An”, substitute “Subject to this regulation, an”
Subregulation 139 (2).......	Omit “C.O.” (wherever occurring), substitute “commanding officer”
Subregulation 139 (3).......	Omit “C.O.” (wherever occurring), substitute “commanding officer”
Paragraph 140 (2) (e)........	Omit “Active”
Subregulation 147 (3).......	Omit “Military Forces”, substitute “Army”
Subregulation 147 (4).......	Omit “are”, substitute “is”
Regulation 160.................	Repeal
Regulation 163.................	Omit “W.O. or N.C.O.” (wherever occurring), substitute “warrant officer or non-commissioned officer”
Regulation 166.................	Repeal, substitute the following regulation:
Reduction in rank
“166. (1) A warrant officer or non-commissioned officer may apply, in writing, to his or her commanding officer to be reduced in rank to a rank specified by him or her in his or her application.
“(2) An officer who has authority to promote a member to a rank from which a member applies to be reduced may order that the member be reduced from that rank to the rank specified by him or her in his or her application.”
Regulation 167.................	Repeal, substitute the following regulation:
When reduction takes effect
“167. The reduction of a warrant officer or noncommissioned officer to a lower rank, or in seniority of rank, under this Division shall take effect on the day on which the order effecting his or her reduction in rank or seniority of rank is communicated to the member or, if a later day is specified in the order, on that later day.”
Subregulation 176 (1).......	Omit “, other than a national serviceman”
Regulation 178a..............	Repeal
Regulation 179.................	Repeal
Regulation 180.................	Repeal
Subregulation 192 (1).......	(a) Omit “W.O. or N.C.O.” (first occurring), substitute “warrant officer or non-commissioned officer”
(b) Omit “W.O. or N.C.O.” (second occurring), substitute “lance corporal or a higher rank”
Paragraph 192 (3) (c)........	Omit “N.C.O.”, substitute “non-commissioned officer”
Subregulation 192 (4).......	Omit “C.O.”, substitute “commanding officer”
Paragraph 192 (4) (c)........	Omit “N.C.O.”, substitute “non-commissioned officer”
Paragraph 192 (4) (d).......	Omit “N.C.O.”, substitute “non-commissioned officer”
Subregulation 192 (5).......	Omit “C.O.”, substitute “commanding officer”

SCHEDULE—continued

Provisions amended	Amendments
Paragraph 192 (7) (ba)......	Omit, substitute the following paragraph:
“(ba) service in the Army Reserve when called out for continuous full time military service; or”
Subregulation 193d (3).....	Omit “Post and Telegraph Act 1901-1961 of Director, Posts and Telegraphs”, substitute “Postal Services Act 1975”
Subregulation 404 (1).......	Omit “A.M.R.”, substitute “regulation”
Subregulation 408 (1).......	Omit “A.M.R.”, substitute “regulation”
Subregulation 473 (2).......	Omit “medals or decorations or sick leave;”
Subregulation 475 (3).......	Omit “public offices of, substitute “Australian Public Service in”
Regulation 562.................	Add at the end of paragraph (c) “or”
Subregulation 578 (2).......	Omit “a higher rank may be conferred”, substitute “the officer may be promoted to a higher rank”
Subregulation 578 (3).......	Omit “granted”, substitute “promoted to”
Paragraph 582 (1) (g)........	Omit “D.A.”, substitute “Act”
Paragraph 582 (1) (h).......	Omit “D.A.”, substitute “Act”
Regulation 784.................	(a) Omit “regiment” (wherever occurring), substitute “unit”
(b) Omit “troops”, substitute “members”
Subregulation 785 (1).......	Omit “an”, substitute “a”
Paragraph 802 (a).............	Omit “those Forces”, substitute “that Force”
Subregulation 804 (1).......	Omit “D.A.”, substitute “Act”
Subregulation 807 (2).......	(a) Omit “C.O.” from paragraph (c), substitute “commanding officer”
(b) Omit “a British subject”, substitute “an Australian citizen”
Subregulation 811 (2).......	Omit “C.O.”, substitute “commanding officer”
Regulation 814.................	Repeal

NOTES

1. Notified in the Commonwealth of Australia Gazette on 2 September 1987.

2. Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 19 and see also Statutory Rules 1987 No. 19.

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