Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1171

Australian Military Regulations2

(Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.

Dated 13 June 1985.

James Ramsay

Administrator

By His Excellency’s Command,

K. C. Beazley

Minister of State for Defence

Commencement

1. These Regulations shall come into operation on 3 July 1985.

2. After regulation 64 of the Australian Military Regulations the following regulation is inserted:

Ranks of officers

“65. The ranks of officers in order of seniority, commencing with the most senior rank, shall be the ranks specified in Column 2 of the following table:

Column 1	Column 2
Item	Rank
1	Field Marshal
2	General
3	Lieutenant-General
4	Major-General
5	Brigadier
6	Colonel

S.R.47/85

 Cat. No. Recommended retail price 60c  11/7.5.1985

Column 1	Column 2
Item	Rank
7	Lieutenant-Colonel
8	Major
9	Captain
10	Lieutenant
11	Second Lieutenant
12	Officer cadet

First appointment as officer

3. Regulation 74 of the Australian Military Regulations is amended by omitting sub-regulations (5), (6), (7), (8), (9) and (10) and substituting the following sub-regulations:

“(5) The appointment of a person under section 10 of the Act to be an officer of the Army, that is expressed in the instrument of appointment to be an appointment on probation for a prescribed period specified in the instrument, shall be subject to the condition that, if not revoked before the end of that period, the appointment shall lapse at the end of that period unless confirmed by instrument before the end of that period.

“(6) In sub-regulation (5), “prescribed period” means—

(a) in the case of a person appointed with the rank of officer cadet while the person holds that rank;

(b) in the case of a person appointed while undergoing undergraduate or graduate training—the period of that training and the immediately succeeding period of 2 years; or

(c) in any other case—a period not exceeding 2 years.”.

Further amendments of the Australian Military Regulations

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

SCHEDULERegulation 4

AMENDMENTS OF AUSTRALIAN MILITARY REGULATIONS

After the definition of “Active Army Reserve” in sub-regulation 3 (1)—

Insert the following definition:

“ ‘active service’ has the same meaning as in the Defence Force Discipline Act 1982;”.

Sub-regulation 3 (1)—

Omit the definitions of “Civil court”, “Civil prison”, “Commandant of a place of detention”, “Custom of the Service”, “Defaulter”, “Fraudulent enlistment”, “Military premises”, “Military prison”, “Military prisoner”, “Place of detention”, “Place of imprisonment”, “Proper military authority”, “Public property”, “Rules of procedure”, “Sentence”, “Service property”, “Soldier under sentence”, “Soldier under sentence of detention” and “Subject to military law”.

Sub-regulations 3 (2), (4a), (5), (6), (7) and (8)—

Omit the sub-regulations.

Regulation 9—

Repeal the regulation.

Regulation 15—

Repeal the regulation.

Sub-regulation 16 (2)—

Omit the sub-regulation.

Regulation 18—

Repeal the regulation.

Regulation 19—

Repeal the regulation.

Regulation 57—

Omit “and punishment”.

Sub-regulation 58 (2)—

Omit “war”, substitute “active”.

Sub-regulation 135 (1A)—

Omit the sub-regulation.

Sub-regulation 135 (7)—

Omit the sub-regulation, substitute the following sub-regulation:

“(7) In this regulation, ‘service tribunal’ means—

(a) a service tribunal within the meaning of the Defence Force Discipline Act 1982;

(b) a court martial convened under the taw of another country and exercising jurisdiction in respect of an offence committed by a member of the Army attached temporarily to a part of the forces of that country under section 116b of the Act; or

(c) an officer of the forces of another country exercising jurisdiction, in accordance with the law of that country, in respect of offences committed by a member of the Army attached temporarily to a part of the forces of that country under section 116b of the Act.”.

SCHEDULE— continued

Sub-regulation 161 (4)—

Omit the sub-regulation.

Regulation 163—

Omit all the words after “his rank,” substitute “by a person authorized under regulation 161 to order the reduction in rank of the W.O. or N.C.O., as the case may be”.

Regulation 167—

Omit “, or, when applicable, the A.A.,”.

Heading to Part IV—

Omit the heading, substitute the following heading:

“PART IV—EXEMPTION FROM STATE LAWS AND DEDUCTIONS FROM SALARY”.

Divisions 1 and 2 of Part IV—

Repeal the Divisions.

Heading to Division 3 of Part IV—

Omit the heading, substitute the following heading:

“Division 3 Exemption from State laws”.

Regulations 202, 203, 203a, 204, 205, 206, 207, 209, 212, 213 and 214—

Repeal the regulations.

Divisions 4, 5, 6, 7, 9 and 11 of Part IV—

Repeal the Divisions.

Heading to Division 12 of Part IV—

Omit the heading, substitute the following heading:

“Division 12—Deductions from salary in respect of loss or damage”.

Regulation 291—

Repeal the regulation.

Regulation 292—

Repeal the regulation.

Sub-regulation 294a (5)—

Omit “military”, substitute “service”.

Paragraph 294a (10) (c)—

Omit paragraph (c), substitute the following paragraph:

“(c) ‘service tribunal’ has the same meaning as in the Defence Force Discipline Act 1982.”.

Sub-regulation 294a (12)—

Omit the sub-regulation.

Regulations 295, 296, 297 and 298—

Repeal the regulations.

SCHEDULE—continued

Divisions 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21 and 23 of Part IV—

Repeal the Divisions.

Sub-regulation 437 (2)—

Omit the sub-regulation.

Division 1 of Part VII—

Repeal the Division.

Division 6 of Part VII—

Repeal the Division.

Sub-regulation 581 (1)—

Omit “as Judge-Advocate-General, Deputy Judge-Advocate-General,”.

Sub-regulation 582 (1)—

(a) Omit “shall be” (first occurring), substitute “shall, in addition to any other duties conferred on him under the Defence Force Discipline Act 1982, be”.

(b) Omit paragraphs (a), (b), (c), (d) and (f).

Sub-regulation 582 (2)—

Omit the sub-regulation.

Sub-regulation 582 (3)—

After “Reserve”, insert “rendering service”.

Sub-regulation 582 (5)—

Omit “(a), (b). (f),”.

Sub-regulation 584 (2)—

Omit the sub-regulation.

Paragraph 585a (ba)—

Omit the paragraph.

Paragraph 585a (c)—

Add at the end “and”.

Paragraph 585a (d)—

Omit the paragraph.

Divisions 1, 2, and 4a of Part X—

Repeal the Divisions.

Regulation 791—

Repeal the regulation.

Regulation 805—

Repeal the regulation.

Division 6 of Part XIII—

Repeal the Division.

SCHEDULE—continued

Appendices I, II and III—

Repeal the Appendices.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1985.

2. Statutory Rules 1927 No. 149 as amended to dale. For previous amendments see Note 2 to Statutory  Rules 1985 No. 90 and see also Statutory Rules 1985 No. 90.

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