Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 2031

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 22 September 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

K. C. BEAZLEY

Minister of State for Aviation

for and on behalf of the

Minister of State for Defence

Commencement

1. These Regulations shall come into operation on 30 September 1983.

Repeal of regulations 120, 120A, 121 and 121A

2. Regulations 120, 120a, 121 and 121a of the Australian Military Regulations are repealed.

Military title after retirement

3. Regulation 125 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:

“(5) In this regulation ‘officer’ includes a former officer.”.

Prescribed authorities

4. Regulation 193a of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) “sections 45, 46, 47 and 50b” and substituting “sections 45 and 46, sub-sections 50 (3) and (4) and section 50b”; and

(b) by omitting from sub-regulation (2) “sections 45, 46, 47, 50 and 50b” and substituting “sections 45 and 46, sub-sections 50 (3) and (4) and section 50b”.

Repeal of Division 5 of Part VI

5. Division 5 of Part VI of the Australian Military Regulations is repealed.

Repeal of regulation 483

6. Regulation 483 of the Australian Military Regulations is repealed.

7. Regulations 486, 487 and 488 of the Australian Military Regulations are repealed and the following regulations substituted:

Training periods

“486. For the purposes of sub-section 50 (2) of the Act, the Chief of the General Staff shall determine—

(a) training periods in respect of the Active Australian Army Reserve; or

(b) different training periods in respect of different parts, or different classes of members, of that Reserve.

Military service

“487. (1) For the purposes of sub-section 50 (2a) of the Act, a member is bound to render in each training period military service for such periods as are fixed by the Chief of the General Staff and applicable to the member.

“(2) For the purposes of paragraph 50 (2b) (a) of the Act, the Chief of the General Staff may fix different periods of military service with respect to different parts of the Active Australian Army Reserve or different classes of members.

“(3) For the purposes of paragraph 50 (2b) (b) of the Act, the Chief of the General Staff may exempt—

(a) a particular member; or

(b) members within a specified class of members,

from the obligation to render, during a training period, the whole or part of the military service that he or they would otherwise be bound to render during that period.

“(4) The periods of military service that a member is bound to render under sub-regulation (1) shall be rendered in accordance with a program that has been approved by the Chief of the General Staff.

Period for the purposes of sub-section 50 (5) of the Act

“488. The Chief of the General Staff may fix a period for the purposes of sub-section 50 (5) of the Act.

A kind or kinds of military service for the purposes of sub-section 50 (6) of the Act

“488A. The Chief of the General Staff may fix a kind or kinds of military service, for the purposes of sub-section 50 (6) of the Act.”.

8. Regulation 493 of the Australian Military Regulations is repealed and the following regulation substituted:

Military service for a period of less than one day

“493. Where a member renders military service for a period of less than one day, the member shall, for the purposes of calculating the military service that he has rendered, be deemed to have rendered military service for—

(a) if the period is not less than 6 hours—one day;

(b) if the period is less than 6 hours but not less than 3 hours—one-half of a day; or

(c) if the period is less than 3 hours but not less than 2 hours—one-third of a day.”.

Repeal of regulation 495

9. Regulation 495 of the Australian Military Regulations is repealed.

Repeal of regulations 498 and 499

10. Regulations 498 and 499 of the Australian Military Regulations are repealed.

Repeal of Division 9 of Part VI

11. Division 9 of Part VI of the Australian Military Regulations is repealed.

Further amendments

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

SCHEDULE  Regulation 12

FURTHER AMENDMENTS

Provisions amended	Amendments
Sub-regulation 3 (1)...................	(a) Omit the definitions of “Active Forces” and “Citizen Forces”, substitute the following definitions:
“ ‘Active Army Reserve’ means the Active Australian Army Reserve;”.
“ ‘Army Reserve’ means the Australian Army Reserve;”.
(b) Insert after the definition of “His Majesty’s Service” the following definition:
“ ‘Inactive Army Reserve’ means the Inactive Australian Army Reserve;”.
(c) Omit the definitions of “Permanent Forces” and “Reserve Forces”.
Paragraph 23 (2) (c)...................	Omit “Reserve Citizen Military Forces”, substitute “Inactive Army Reserve”.
Regulation 45............................	(a) Omit “Reserve Forces”, substitute “Inactive Army Reserve”.
(b) Omit “those Forces”, substitute “that Reserve”.
(c) Omit “on the Active List”, substitute “in the Active Army Reserve”.
Regulation 57............................	Insert “Military” after “Permanent”.
Paragraphs 76 (1) (a) and (b)	Omit “Active Citizen Military Forces or the Reserve Citizen Military Forces”, substitute “Army Reserve”.
Paragraph 76(1) (c)....................	(a) Omit “Active Citizen Military Forces”, substitute “Active Army Reserve”.
(b) Omit “Reserve Citizen Military Forces”, substitute “Inactive Army Reserve”.
Paragraph 76(1) (d)...................	(a) Omit “Reserve Citizen Military Forces”, substitute “Inactive Army Reserve”.
(b) Omit “Active Citizen Military Forces”, substitute “Active Army Reserve”.
Paragraph 83 (b)........................	Omit “on the Reserve of Officers List of the Reserve Citizen Military Forces”, substitute “in the Inactive Army Reserve”.
Sub-regulation 96 (1).................	Omit “Active Military Forces or in the Reserve of Officers”, substitute “Australian Regular Army, the Regular Army Supplement or the Army Reserve”.
Sub-regulation 96 (5).................	Omit “Citizen Forces”, substitute “Army Reserve”.
Regulation 102..........................	(a) Omit “Citizen Forces”, substitute “Army Reserve”.
(b) Insert “Military” after “Permanent”.
Sub-regulations 103 (1) and (2), regulation 104 and sub-regulation 106 (2)	Omit “Citizen Forces”, substitute “Army Reserve”.
Regulation 107..........................	(a) Omit “Citizen Forces” (wherever occurring), substitute “Army Reserve”.
(b) Omit paragraph (b).
Sub-regulation 132 (2)...............	Omit “on the Reserve of Officers List, not being on a Regimental List of officers in the Reserve of Officers”, substitute “of the Inactive Army Reserve”.
Sub-regulation 135 (1)...............	Omit paragraphs (e) and (f). substitute the following word and paragraph:
“and (e) in the case of a person enlisted as a soldier in the Army Reserve—5 years or 3 years.”.
Sub-regulation 136 (1)...............	(a) Insert “Military” after “Permanent”.
(b) Omit “Citizen Forces”, substitute “Army Reserve”.

SCHEDULE—continued

Provisions amended	Amendments
Sub-regulation 136 (2)................	Omit “Citizen Forces” (wherever occurring), substitute “Army Reserve”.
Regulation 138 and paragraph 140 (2) (e)	Omit “Active Citizen Military Forces”, substitute “Active Army Reserve”.
Sub-paragraph 140 (5) (c) (iv), paragraphs 176 (1) (u) and 191 (2) (b) and sub-regulation 191 (3)	Omit “Citizen Military Forces”, substitute “Army Reserve”.
Paragraphs 192 (3) (a), (b), (ba) and (c)	Omit “Permanent Forces”, substitute “Permanent Military Forces”.
Paragraphs 192 (4) (a), (b), (ba) and (c)	Omit “Citizen Forces”, substitute “Army Reserve”.
Paragraph 192 (7) (a)..................	Omit “Active Forces”, substitute “Permanent Military Forces”.
Paragraph 192 (7) (ba)................	Omit “Regular Army Reserve”, substitute “Army Reserve when called out for continuous full time military service”.
Part IIIa.....................................	Omit from the heading all words after “EMERGENCY”, substitute “RESERVE OR THE ARMY RESERVE”.
Sub-regulation 193b (1)..............	(a) Omit “, the Regular Army Reserve or the Citizen Forces”, substitute “or the Army Reserve”.
(b) Omit “, 47”.
Sub-regulations 193c (1) and (2)	Omit “45 (3)”, substitute “45 (2)”.
Regulation 197...........................	Omit sub-regulation (1a).
Paragraph 197 (1) (a)..................	(a) Insert “Military” after “Permanent”.
(b) Omit “and the Regular Army Reserve”.
Paragraph 197 (1) (aa)................	Omit “or of the Regular Army Reserve”.
Paragraph 197 (1) (b) and sub-regulation 197 (2)	Omit “Citizen Forces”, substitute “Army Reserve”.
Paragraph 205 (1) (b)..................	Omit “Active Defence Force”, substitute “Permanent Forces or the Active Army Reserve”.
Paragraph 205 (1) (c)..................	Omit “Active Military Forces”, substitute “Australian Regular Army, the Regular Army Supplement or the Active Army Reserve”.
Sub-regulations 213 (1) and (2)	Omit “, the Regular Army Reserve or the Citizen Forces”, substitute “or the Army Reserve”.
Sub-regulation 214 (1)................	Omit “Regular Army Reserve”, substitute “Inactive Army Reserve”.
Sub-regulation 214 (2)................	Omit “Regular Army Reserve” (wherever occurring), substitute “Inactive Army Reserve”.
Paragraph 220 (a).......................	Insert “Military” after “Permanent”.
Paragraphs 220 (a) and (aa).........	Omit “and the Regular Army Reserve”.
Paragraph 220 (b), sub-regulations 230 (1) and (8)	Omit “Citizen Forces”, substitute “Army Reserve”.
Regulation 303...........................	Omit “Citizen Forces or the Permanent Forces”, substitute “Permanent Military Forces or the Army Reserve”.
Sub-regulations 348 (3), (4) and	(a) Insert “Military” after “Permanent” (wherever occurring),
(5)	(b) Omit “Citizen Forces”, substitute “Army Reserve”.
Sub-regulation 372 (3)................	Omit “Citizen Forces” (wherever occurring), substitute “Army Reserve”.
Part VI—Division 6....................	Insert “MILITARY” after “PERMANENT” in the heading.
Sub-regulation 473 (1)................	Insert “Military” after “Permanent”.
Sub-regulation 473 (2)................	Insert “Military” after “Permanent” (wherever occurring).
Sub-regulation 475 (3) and regulation 476	Insert “Military” after “Permanent”.

SCHEDULE—continued

Provisions amended	Amendments
Part VI Division 8......................	Omit “CITIZEN FORCES” from the heading, substitute “ARMY RESERVE”.
Regulation 482..........................	Omit “Citizen Forces”, substitute “Army Reserve”
Regulation 483A.......................	(a) Omit “Citizen Military Forces”, substitute “Army Reserve”.
(b) Insert “Military” after “Permanent” (wherever occurring).
Sub-regulations 580 (1) and (2)	Omit “Reserve of Officers, Australian Army Legal Corps”, substitute “Inactive Army Reserve”.
Sub-regulation 580 (3)...............	Omit “Reserve of Officers, Australian Army Legal Corps,”, substitute “Inactive Army Reserve”.
Sub-regulation 582 (3)...............	Omit “Reserve Citizen Military Forces”, substitute “Inactive Army Reserve”.
Paragraph 735 (1) (a).................	Insert “Military” after “Permanent”.
Paragraph 735 (1) (b).................	Omit “Citizen Forces”, substitute “Army Reserve”.
Sub-paragraph 735 (2) (a) (iv)	Insert “Military” after “Permanent”.
Sub-paragraph 735 (2) (a) (v)	Omit “Citizen Forces”, substitute “Army Reserve”.
Sub-regulation 765 (1), regulations 766 and 767	Insert “Military” after “Permanent”.
Regulation 768..........................	(a) Omit “Citizen Forces”, substitute “Army Reserve”.
(b) Insert “Military” after “Permanent”.
Part XI Divisions 3 and 4	Insert “MILITARY” after “PERMANENT” in the heading.
Sub-regulations 786 (1) and (2), regulation 787	Insert “Military” after “Permanent”.
Regulation 790..........................	Omit “Citizen Forces” (wherever occurring), substitute “Army Reserve”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 September 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