Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 2891

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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 Regulations under the Defence Act 1903.

Dated 18 November 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Aviation for and on behalf of the Minister of State for Defence

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Military title after retirement

1. Regulation 125 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) “Governor-General” and substituting “Chief of the General Staff”;

(b) by inserting in sub-regulation (1) “or former officer” after “officer” (wherever occurring);

(c) by omitting from sub-regulation (2) “Governor-General” and substituting “Chief of the General Staff”;

(d) by inserting in sub-regulation (2) “or former officer” after “officer” (wherever occurring); and

(e) by omitting from sub-regulation (3) “Governor-General” and substituting “Chief of the General Staff”.

Withdrawal of privileges after retirement

2. Regulation 129a of the Australian Military Regulations is amended by omitting “Governor-General” and substituting “Chief of the General Staff”.

Repeal of regulation 175

3. Regulation 175 of the Australian Military Regulations is repealed.

 

S.R. 174/33 Cat. No.  Recommended retail price 40c   12/17.8.1983

 

Reasons for discharge

4. Regulation 176 of the Australian Military Regulations is amended—

(a) by omitting from paragraphs (1) (e), (f), (k), (l), (m), (n) and (u) “an authority” and substituting “the Chief of the General Staff”; and

(b) by omitting sub-regulation (2).

Order for discharge of a soldier

5. Regulation 177 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) “an authority having power under section 44 of the Act to discharge the soldier” and substituting “the Chief of the General Staff”; and

(b) by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) As soon as practicable after the Chief of the General Staff signs an order for the discharge of a soldier in pursuance of sub-regulation (1) he shall, unless, the soldier cannot be found—

(a) cause the soldier to be informed of the making of that order; and

(b) cause a copy of the order—

(i) to be served on the soldier personally; or

(ii) to be served by post on the soldier at his address last known to the Chief of the General Staff.”.

Cancellation of order for discharge of soldier

6. Regulation 178 of the Australian Military Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) Where the Chief of the General Staff has signed an order for the discharge of a soldier he may at any time before the date on which the discharge is to have effect, by writing under his hand, cancel the order.”.

Certain regulations not to apply to members of the Corps of Staff Cadets

7. Regulation 178a of the Australian Military Regulations is amended by omitting “175,”.

Certificate of discharge

8. Regulation 179 of the Australian Military Regulations is amended by omitting “commanding officer of the soldier, by an officer authorized under section 44 of the Act to discharge the soldier” and substituting “Chief of the General Staff, by the commanding officer of the soldier”.

Amendment of certificate of discharge

9. Regulation 180 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) “an authority for the purposes of section 44 of the Act” and substituting “Chief of the General Staff”;

 

(b) by omitting from paragraph (1) (a) “it is”; and

(c) by omitting from paragraph (1) (b) “it is”.

Transitional

10. Where the Chief of the General Staff placed an officer or former officer on a retired list on or after 18 July 1983 and before the commencement of regulation 1, he shall, on that commencement, grant to that officer or former officer, as the case requires, a military title of the same designation as the substantive rank held by the officer or former officer immediately before his retirement.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1983.

2. Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 40 and see also Statutory Rules 1983 Nos. 40, 61 and 203.

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