Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 119

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

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 1903-1965.

Dated this thirteenth day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

A. J. FORBES

Minister of State for the Army.

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Amendments of the Australian Military Regulations 

Sub-division of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by omitting the words—

“Division 1.—Australian Staff Corps 536-542”

and inserting in their stead the words—

“Division 1.—Australian Staff Corps 536-541”.

Definitions.

2. Regulation 3 of the Australian Military Regulations is amended by inserting in sub-regulation (1.) after the definition of “Soldier under sentence of detention” the following definition:—

“Special List” means a Special List specified in regulation 122 of these Regulations.”.

Transfer and secondment of officers.

3. Regulation 76 of the Australian Military Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Except in time of war, an officer included on the Special List for a Corps is not eligible to be transferred to another Corps or on to a list other than the Retired List.”.

Promotion of officers.

4. Regulation 79 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(9.) Except as provided in regulation 82 of these Regulations, an officer—

(a) included on the Special List for a Corps; or

(b) whose age for retirement has been extended under section 27 of the Act,

is not eligible to be promoted.”.

 

* Notified in the Commonwealth Gazette on 26 August  , 1965.

  Statutory Rules 1927, No 149, as amended to date. For subsequent amendments of the Australian Military Regulations, see footnote   to Statutory Rules 1965, No 61, and see also Statutory Rules 1965, Nos. 61, 72 and

8288/65.—Price 9d. (8c) 9/23.7.1965

 

Repeal.

5. Regulation 88a of the Australian Military Regulations is repealed.

Appointment of Honorary Colonels.

6. Regulation 98 of the Australian Military Regulations is amended by inserting in paragraph (a) of sub-regulation (2.), after the words “Provost Corps”, the words “, the Australian Army Psychology Corps”.

7. After regulation 121a of the Australian Military Regulations the following regulation is inserted:—

“122.—(1.) The Military Board shall keep—

(a) a list of officers of the Australian Staff Corps, to be called the Special List for the Australian Staff Corps;

(b) a list of officers of the Royal Australian Army Ordnance Corps, to be called the Special List for the Royal Australian Army Ordnance Corps; and

(c) a list of officers of the Royal Corps of Australian Electrical and Mechanical Engineers, to be called the Special List for the Royal Corps of Australian Electrical and Mechanical Engineers.

“(2.) Subject to the next succeeding sub-regulation, the Military Board may include an officer of a Corps specified in the last preceding sub-regulation whose rank is not above the rank of Lieutenant-colonel on the Special List for that Corps.

“(3.) An officer shall not be included on the Special List for a Corps unless he has consented, in writing, to being so included.

“(4.) The Staff Corps Special List kept immediately before the commencement of these Regulations under regulation 542 of these Regulations shall be incorporated with, and shall be deemed to form part of, the Special List for the Australian Staff Corps kept under this regulation.”.

Ages for retirement of officers.

8. Regulation 124 of the Australian Military Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, the age for the compulsory retirement of an officer included on a Special List is fifty-three years.

“(3.) Where an officer—

(a)attains, during a time of war, a time of defence emergency or a period of 90 days immediately following a time of war or a time of defence emergency, the age that, but for this sub-regulation, would be the age for his compulsory retirement; or

(b) commences, after having attained the age that would, but for this sub-regulation, be the age for his compulsory retirement, continuous full time military service during a time of war or a time of defence emergency,

the age for the compulsory retirement of the officer is the age that he will attain on the day that is 90 days after the end of that time or, if more than one of those times successively occur, after the end of the last occurring of those times.”.

 

re-engagement

9. Regulation 140 of the Australian Military Regulations is amended—

(a)by omitting from sub-regulation (1.) the words “member of the Permanent Military Forces” and inserting in their stead the word “soldier”; and

(b) by omitting from sub-regulation (2.) the word “member” and inserting in its stead the word “soldier”.

Authorities to discharge soldiers.

10. Regulation 175 of the Australian Military Regulations is amended by omitting paragraphs (d) and (e) of sub-regulation (2.) and inserting in their stead the following paragraphs:—

“(d) Director of Army Records;

(e) Commander of a Command; and

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

Staff Corps Special List.

11. Regulation 542 of the Australian Military Regulations is repealed.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.