Australian Military Regulations (Amendment) (Cth)

DEFENCE ACT

AUSTRALIAN MILITARY REGULATIONS

Statutory Rules 1972 No. 57(a)

Commencement.

1. These Regulations shall come into operation on the fourth day of May, 1972.

Power of officer commanding Military Forces in time of war.

2. Regulation 13 of the Australian Military Regulations is amended—

(a) by omitting the proviso to sub-regulation (1.); and

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“ (1a.) Where an officer is in command of the Military Forces in time of war—

(a) the Chief of the General Staff, the Vice Chief of the General Staff, the Chief of Operations, the Chief of Personnel, the Chief of Logistics and the Chief of Materiel have, and may exercise and perform, subject to any directions given by the first-mentioned officer, the respective powers, functions and duties that they are required or authorized to exercise and perform when the Military Board is in existence; and

(b)the Secretary to the Department of the Army, concurrently with his responsibility as Permanent Plead of the Department of the Army for the general working and business of that Department, shall be responsible for the financial administration and control of expenditure for the Army and for civil personnel.”.

Authorities to discharge soldiers.

3. Regulation 175 of the Australian Military Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

 

“ (2.) A person holding, or performing the duties of, any of the following appointments is an authority for the purposes of section 44 of the Act:—

(a) Chief of Personnel;

(b) Director of Personnel Employment;

(c) Staff Officer, Grade 1 (Personnel) on the establishment of the Directorate of Personnel Employment;

(d) Commander of a Command; and

(e) Commandant of the Royal Military College.”.

Additional amendments.

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

(a) Made under the Defence Act 1903-1970 on 27 April 1972; notified in the Commonwealth Gazette on 4 May 1972.

Transitional.

5.—(1.) A certificate or direction given, suspension ordered, appointment or order made, discretion exercised, warrant issued or period specified by the Adjutant-General under the Australian Military Regulations before the commencement of this regulation, being a certificate, direction, suspension, appointment, order, discretion, warrant or period having force and effect immediately before the commencement of this regulation, continues to have force and effect after the commencement of this regulation as if it had been given, ordered, made, exercised, issued or specified by the Chief of Personnel under the Australian Military Regulations as amended by regulations 2, 3 and 4 of these Regulations.

 

 (2.) A warrant issued by an Assistant Adjutant-General or a Deputy Assistant Adjutant-General under the Australian Military Regulations before the commencement of this regulation, being a warrant having force and effect immediately before the commencement of this regulation, continues to have force and effect after the commencement of this regulation as if it had been issued by a Staff Officer, Grade 1 (Personnel) or a Staff Officer, Grade 2 (Personnel), as the case may be, under the Australian Military Regulations as amended by regulations 2, 3 and 4 of these Regulations.

 

 (3.) The amendments of the Australian Military Regulations effected by regulations 2, 3 and 4 of these Regulations do not apply to or in relation to—

(a) an order, instruction or letter purporting to have been signed under regulation 17 of the Australian Military Regulations before the commencement of this regulation by an officer appearing to be authorized by the Adjutant-General to issue orders on behalf of the Adjutant-General;

(b) a warrant issued by an Assistant Adjutant-General before the commencement of this regulation as an officer authorized to issue the warrant by virtue of regulation 232 of the Australian Military Regulations;

(c) a recommendation made under regulation 72, 73 or 85 of the Australian Military Regulations before the commencement of this regulation by officers appointed by the Adjutant-General; or

(d)a selection made under regulation 79 of the Australian Military Regulations before the commencement of this regulation by officers appointed by the Adjutant-General.

THE SCHEDULE Regulation 4.

Provisions amended	Omit	Insert
Regulation 17..........................	by the adjutant-general	by the Chief of Personnel
of the adjutant-general	of the Chief of Personnel
Regulation 12 (2.)....................	the Deputy Chief of the General Staff, the Adjutant-General, the Quartermaster-General or the Master-General of the Ordnance	the Vice Chief of the General Staff, the Chief of Operations, the Chief of Personnel, the Chief of Logistics or the Chief of Materiel
Regulation 36 (1.)....................	The Quartermaster General	The Chief of Logistics
Regulation 72 (2.) (ea).............	the Adjutant-General	the Chief of Personnel
Regulation 71..........................	the Adjutant-General	the Chief of Personnel
Regulation 75 (2.)....................	the Adjutant-General	the Chief of Personnel
Regulation 79 (8.)....................	the Adjutant-General	the Chief of Personnel
Regulation 85 (b).....................	the Adjutant-General	the Chief of Personnel
Regulation 140 (8.)..................	Adjustant-General	Chief of Personnel
Regulation 142 (a)...................	Adjutant-General	Chief of Personnel
Regulation 142 (b)...................	regulation by the Adjutant-General	regulation by the Chief of Personnel
specified by the Adjutant-General	specified by the Chief of Personnel
Regulation 144........................	the Adjutant-General	the Chief of Personnel
Regulation 175 (3.)..................	the Adjutant-General’s branch	the Chief of Personnel’s branch
Regulation 179........................	approved by the Adjutant-General	approved by the Chief of Personnel
authorized by the Adjutant-General	authorized by the Chief of Personnel
Regulation 191 (5.)..................	the Adjutant-General	the Chief of Personnel
Regulation 193a (2.) (a)...........	Adjutant-General	Chief of Personnel
Regulation 230 (10.)................	the Adjutant-General	the Chief of Personnel
Regulation 232 (1.) (d).............	an assistant adjutant-general	a Staff Officer, Grade 1 (Personnel)
Regulation 237........................	Adjutant-General or Deputy Adjutant-General	Chief of Personnel or Deputy Chief of Personnel
Regulation 238 (6.)..................	The Adjutant-General	The Chief of Personnel
Regulation 238 (7.)..................	The Adjutant-General	The Chief of Personnel
Regulation 239 (3.) (a).............	the Adjutant-General	the Chief of Personnel
Regulation 243g (2.)................	the Adjutant-General	the Chief of Personnel
Regulation 244 (1.) (a).............	The Adjutant-General	The Chief of Personnel
Regulation 268 (1.) (a).............	the Adjutant-General	the Chief of Personnel
Regulation 268 (1.) (b).............	the Adjutant-General	the Chief of Personnel
Regulation 279 (3.)..................	the Adjutant-General	the Chief of Personnel
Regulation 290 (2.)..................	the Adjutant-General	the Chief of Personnel
Regulation 318 (7.)(b).............	the Adjutant-General	the Chief of Personnel
Regulation 338 (7.) (ba)...........	the Deputy Adjutant-General	the Deputy Chief of Personnel
Regulation 338 (8.)..................	the Adjutant General	the Chief of Personnel
Regulation 353 (1.) (a) (1).......	the Adjutant-General	the Chief of Personnel
Regulation 353 (1.) (a) (iv)......	the assistant adjutant-general, deputy assistant-adjutant-general	a Staff Officer, Grade 1 (Personnel), Staff Officer, Grade 2 (Personnel)
Regulation 353 (1.) (b)(v).......	an adjutant-general, assistant adjutant-general	the Chief of Personnel, a Staff Officer, Grade 1 (Personnel)
Regulation 357 (3.) (d).............	an assistant adjutant-general	a Staff Officer, Grade 1 (Personnel)
Regulation 598 (1.)..................	of the Adjutant-General	of the Chief of Personnel
by the Adjutant-General	by the Chief of Personnel
Regulation 598 (2.)..................	the Adjutant-General	the Chief of Personnel
Regulation 765 (4.)..................	the Adjutant-General	the Chief of Personnel
Regulation 766........................	the Adjutant-General	the Chief of Personnel
Regulation 770 (1.) (b).............	the Adjutant-General	the Chief of Personnel