Australian Military Regulations (Amendment) (Cth)
STATUTORY RULES
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
Dated this tenth
day of August
HENRY ABEL SMITH
Administrator.
By His Excellency’s Command,
A.S. FORBES
Minister of State for the Army.
Amendments of the Australian Military regulations
(
a ) by omitting the words and figures—
| 71-104 |
| 106-133” |
and inserting in their stead the words and figures— | |
| 71a-104 |
* Notified in the
Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75,90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4. 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 63, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141, and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55, and 68; 1950, Nos. 10, 21, 29, 64 and 65; 951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113 ,117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957, No. 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 71; 1963, No. 28; and 1964, Nos. 62, 83, 93 and 149; 1965, Nos. 61 and 72.
2409/65.—Price 2s. 6d. 9/15.7.1963
| 106-133”; |
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| 544-554 |
| 555-563” |
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| 544-553 |
| 555-562”; |
( | |
| 586-589”; |
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| 603-605a |
| 609a-609g”. |
(
a )by inserting in sub-regulation (1.), after the definition of “Defaulter”, the following definition:—“ ‘ Dental officer ‘ means an officer of the Royal Australian Army Dental Corps who is or has been a person registered as a dentist under a law of a State or Territory.”;
(
b )by omitting from sub-regulation (1.) the definitions of “ Formation, &c.,” and “Formation, &c., commander” and inserting in their stead the following definitions:—“ ‘Formation’ or ‘Formation, &c.,’ means a Command, Military District, Army, Corps, Division or Task Force and includes any other part of the Military Forces declared by the Military Board to be a formation for the purposes of these Regulations.
‘Formation commander’ or ‘Formation, &c., commander’ means the commander of a formation.”;
(
c ) by inserting in sub-regulation (1.), after the definition of “King’s Regulations”, the following definition:—“ ‘Medical officer’ means an officer of the Royal Australian Army Medical Corps who is or has been a person registered as a medical practitioner under a law of a State or Territory that provides for the registration of medical practitioners.”.
(
a ) by omitting from paragraph (a ) of sub-regulation (2a.) the word and figures “and 187” and inserting in their stead the word and figures “, 187, 187a, 187aa and 187ab”; and(
b ) by omitting from the table in paragraph (b )of that sub-regulation the words and figures—
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and inserting in their stead the words and figures—
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“11.—(1.) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).
“(2.) The Military Board may, either generally or otherwise as provided by the instrument of delegation, delegate all or any of its powers and functions under these Regulations (except this power of delegation).
“(3.) The officer appointed to command the Military Forces in time of war may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).
“(4.) A power or function delegated under a sub-regulation of this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.
“(5.) Where an officer is appointed to command the Military Forces in time of war, every delegation in force under sub-regulation (2.) of this regulation immediately before the appointment continues in force after that appointment and has effect as if given by that officer, but may be revoked by that officer.
“(6.) A delegation under a sub-regulation of this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the person or authority giving the delegation.
“11a (1.) The Military Board may authorize an officer not below the rank of colonel to exercise, in relation to a specified part of the Military Forces, the powers and functions of a formation commander.
“(2.) An officer authorized under the last preceding sub-regulation has all the powers, and shall perform all the duties and functions, of a formation commander under these Regulations in respect of a member of the Military Forces serving with the part of the Military Forces specified in the authority.
“(3.) The Commandant of the Royal Military College has all the powers, and shall perform all the duties and functions, of a formation commander in respect of a member of the Military Forces serving at the Royal Military College.”.
“72.—(1.) For the purposes of section 10 of the Act, a person is not eligible to be appointed—
(
a ) an officer of the Military Forces for service in any of the following parts of the Military Forces:—(i) the Australian Staff Corps;
(ii) The Royal Australian Armoured Corps;
(iii) The Royal Regiment of Australian Artillery;
(iv) The Royal Australian Engineers;
(v) The Royal Australian Survey Corps;
(vi) The Royal Australian Corps of Signals;
(vii) The Royal Australian Infantry Corps;
(viii) The Australian Intelligence Corps;
(ix) The Royal Australian Army Service Corps;
(x) The Australian Army Canteens Service;
(xi) The Royal Australian Army Ordnance Corps;
(xii) The Australian Army Printing and Stationery Service;
(xiii) The Royal Corps of Australian Electrical and Mechanical Engineers;
(xiv) The Royal Australian Army Educational Corps;
(xv) The Australian Army Catering Corps;
(xvi) The Royal Australian Army Pay Corps;
(xvii) The Royal Australian Army Provost Corps; and
(xviii) The Women’s Royal Australian Army Corps; or
(
b )an officer of the Military Forces included in any of the following classes of officers:—(i) officers included on the Quartermaster List of a Corps; or
(ii) officers included on the Bandmaster List of a Corps,
unless he is a graduate of the Royal Military College, the Officer Cadet School or another school established for training persons for appointment as officers of the Military Forces or he possesses other qualifications determined by the Military Board to be sufficient for the performance of the duties of an officer of that part or included in that class of officers, as the case may be.
“(2.) For the purposes of section 10 of the Act, a person is not eligible to be appointed an officer of the Military Forces for service—
(
a )in the Royal Australian Army Medical Corps unless—(i) he is or has been a person registered as a medical practitioner under a law of a State of Territory that provides for the registration of medical practitioners;
(ii) he is the holder of a degree in medicine or surgery granted by a University;
(iii) he is studying medicine or surgery at a University;
(iv) he is or has been a person registered as a pharmacist or pharmaceutical chemist under a law of a State or Territory;
(v) he is studying pharmacy at a University;
(vi) he is a graduate of the Royal Military College, the Officer Cadet School or another school established for training persons for appointment as officers of the Military Forces; or
(vii) he possesses other qualifications determined by the Military Board to be sufficient for the performance of the duties of a class of officers of that Corps;
(
b ) in the Royal Australian Army Dental Corps unless—(i) he is or has been a person registered as a dentist under a law of a State or Territory;
(ii) he is the holder of a degree in dentistry granted by a University;
(iii) he is studying dentistry at a University;
(iv) he is a graduate of the Royal Military College, the Officer Cadet School or another school established for training persons for appointment as officers of the Military Forces; or
(v) he possesses other qualifications determined by the Military Board to be sufficient for the performance of the duties of a class of officers of that Corps;
(
c ) in the Australian Army Legal Corps unless—(i) he is or has been a barrister or solicitor or barrister and solicitor of the High Court or of the Supreme Court of a State or Territory; or
(ii) he is or has been entitled, in another part of Her Majesty’s dominions, to the like rights and privileges of practice before the courts of that part as a barrister or solicitor or barrister and solicitor of a State or Territory is entitled before the courts of the State or Territory and the Director of Legal Services has certified that he possesses qualifications sufficient for the performance of the duties of an officer of the Australian Army Legal Corps;
(
d )in the Australian Engineer and Railway Staff Corps unless he is—(i) the Commonwealth Railways Commissioner;
(ii) a person employed by the Commonwealth Railways Commissioner; or
(iii) a person employed in the Railway Service of a State;
(
e ) in the Australian Army Psychology Corps unless he is a graduate of a University and possesses the qualifications determined by the Military Board to be necessary for the performance of the duties of an officer in that Corps; or(
f ) in the Royal Australian Army Nursing Corps unless she is or has been registered as a nurse under a law of a State or Territory.
“(3.) A person is not eligible to be appointed an officer of the Military Forces unless he is—
(
a ) a British subject; or(
b )an Australian protected person within the meaning of regulation 5 of the Citizenship Regulations.
“73. A person is not eligible to be appointed an officer of the Military Forces included on the Quartermaster List or the Bandmaster List of a Corps unless he has been recommended for inclusion on that list by the officers appointed by the Adjutant-General for the purpose of considering and recommending persons suitable for inclusion on that list.
“74.—(1.) Subject to this regulation, a person appointed to be an officer of the Military Forces shall be appointed with a rank not higher than the rank of lieutenant.
“(2.) A person appointed to
be an officer of the Military Forces, being a person referred to in
sub-paragraph (i) of paragraph (
“(3.) Where a person appointed to be an officer of the Military Forces—
(
a )possesses special professional or technical qualifications that, in the opinion of the Military Board, qualify him to perform the duties of a rank higher than the rank of lieutenant; or(
b )has previously served as an officer in the Naval Forces, Military Forces or Air Force of the Commonwealth or the Naval, Military or Air Forces of another part of Her Majesty’s dominions,
the person may, if the Military Board so approves, be appointed with a rank higher than the appropriate rank under whichever of the preceding provisions of this regulation is applicable.
“(4.) Where a person is appointed, during a time of war or a time of defence emergency, to be an officer of the Military Forces, the person may, with the approval of the Military Board, be appointed with a rank higher than the rank of lieutenant.
“(5.) The appointment of a person to be an officer of the Military Forces may be an appointment on probation.
“(6.) A person appointed to be an officer of the Military Forces on probation remains an officer on probation until his appointment is confirmed or terminated, in accordance with the succeeding provisions of this regulation, by the Governor-General or by an officer appointed by the Governor-General for the purpose.
“(7.) Where a person is appointed to be an officer on probation, the period of his probationary service is—
(
a )if the Military Board determines a period in the case of that person—the period so determined;(
b ) if the Military Board does not so· determine but the person is included in a class of persons in respect of whom the Military Board has determined a period of probation—the period determined in respect of that class; or(
c ) in any other case—two years.
“(8.) The appointment of a person who is a probationary officer may be terminated before the completion of the period of his probationary service if his formation commander certifies in writing that he is incapable of carrying out efficiently the duties of his rank.
“(9.)Where the Military Board determines that the appointment of probationary officers included in a class of probationary officers shall not be confirmed unless they qualify at a course of instruction, or pass an examination, approved by the Military Board, the appointment of a probationary officer included in such a class may be terminated before the completion of the period of his probationary service—
(
a ) if he attends a course of instruction approved for that class but fails to qualify at the course; or(
b )if he sits for an examination approved for that class but fails to pass the examination,
as the case requires.
“(10.) Subject to the last two preceding sub-regulations, the appointment of a person who is a probationary officer shall be confirmed or terminated upon the completion of the period of his probationary service.
“75.—(1.) A person is not eligible to be appointed a Chaplain in the Military Forces unless he is recommended for appointment by a Chaplain-General or the Senior Jewish Chaplain.
“(2.) A person appointed to be a Chaplain in the Military Forces shall be appointed to hold the classification of Chaplain Fourth Class or such higher classification as the Adjutant-General approves.
“(3.) This regulation does not apply to the appointment of a person to be a Chaplain-General, a deputy Chaplain-General, the Senior Jewish Chaplain or a Senior Chaplain in a Command.
“76.—(1.) The Governor-General, or an officer authorized by the Governor-General by writing under his hand to do so, may transfer or second—
(
a )an officer in the Australian Regular Army to another force forming part of the Permanent Military Forces or to the Active Citizen Military Forces or the Reserve Citizen Military Forces;(
b )an officer in a force forming part of the Permanent Military Forces, not being the Australian Regular Army, to another force, not being the Australian Regular Army, forming part of the Permanent Military Forces or to the Active Citizen Military Forces or the Reserve Citizen Military Forces;(
c ) an officer of the Active Citizen Military Forces to the Regular Army Supplement, the Regular Army Emergency Reserve or the Reserve Citizen Military Forces;(
d )an officer of the Reserve Citizen Military Forces to the Regular Army Supplement, the Regular Army Emergency Reserve or the Active Citizen Military Forces; or(
e ) an officer of a corps or on a corps list to another corps or on to another corps list.
“ (2.) Where the appointment of an officer is expressed to be for a specified period of service in one part of the Military Forces to be followed by a specified period of service in another part of the Military Forces, the last preceding sub-regulation does not authorize the transfer of the officer from the first-mentioned part otherwise than to the other part of the Military Forces.
“ (3.) Where an officer serving in a part of the Military Forces is transferred to· another part of those forces, he ceases, for the purposes of these Regulations, to be an officer serving in that first-mentioned part.
“77.—(1.) The Governor-General, or a person authorized by the Governor-General by writing under his hand to do so, may post an officer to an appointment on the establishment of the Military Forces, being an appointment of commanding officer the rank for which is the rank of lieutenant-colonel or another appointment the rank for which is the rank of colonel or a higher rank.
“(2.) Subject to the last preceding sub-regulation, the Military Board may post an officer to an appointment on the establishment of the Military Forces or to a unit of the Military Forces.
“(3.) Subject to the next two succeeding sub-regulations the commanding officer of a unit shall determine the duties to be performed by the officers posted to the unit.
“(4.) Where the Military Board posts an officer to an appointment on the establishment of a unit, the commanding officer shall not, without the approval of the formation commander—
(
a )direct the officer to perform, the duties of another appointment on the establishment of the unit; or
(
b )direct another officer to perform the duties of that appointment.
“(5.) The commanding officer of a unit shall, in exercising the powers conferred on him by sub-regulation (3.) of this regulation, have regard to the seniority and experience of the officers posted to the unit.
“78.—.(1.) The appointment of a person to be an officer of the Military Forces, the transfer or secondment of an officer and the posting of an officer under sub-regulation (1.) of the last preceding regulation.—
(
a ) shall be notified in theGazette; and(
b )takes effect on the date of notification or, if another date is specified in, the notification, from, the date so specified.
“(2.) The posting of an officer by the Military Board under sub-regulation (2.) of the last preceding regulation—
(
a ) shall be notified in the Australian Army Orders; and(
b )takes effect from the date of notification or, if another date is specified in the notification, from the date so specified.
“(2.) The last preceding sub-regulation does not apply to the promotion of an officer serving in the Australian Engineer and Railway Staff Corps.
“(3.) Except as provided in sub-regulations (7.) and (8.) of this regulation or in the next three succeeding regulations, an officer in the Permanent Military Forces, other than an officer who was appointed an officer with the rank of second lieutenant, is not eligible to be promoted—
(
a ) to the rank of captain unless he has served in those Forces as an officer for four years; or(
b ) to the rank of major unless he has served in those Forces as an officer for—(i) if he was appointed an officer with the rank of lieutenant—ten years; or
(ii) in any other case—six years.
“(4.) Except as provided in sub-regulations (7.) and (8.) of this regulation or in the next three succeeding regulations, an officer in the Permanent Military Forces who was appointed an officer with the rank of second lieutenant is not eligible to be promoted—
(
a )to the rank of lieutenant unless he has served in those Forces for—(i) if the Military Board determines a period in the case of that officer—the period so determined; or
(ii) in any other case—the period determined by the Military Board for officers included in the class of officers in which he is included;
(
b ) to the rank of captain unless he has served as an officer in those Forces for the period required for promotion to the rank of lieutenant and an additional four years; or(
c ) to therank of major unless he has served as an officer in those Forces for the period required for promotion to the rank of lieutenant and an additional ten years.
“(5.) Except as provided in sub-regulations (7.) and (8.) of this regulation or in the next three succeeding regulations, an officer in the Citizen Military Forces holding the rank of captain or a lower rank is not eligible to be promoted to a higher rank unless he has served as an officer in those Forces for—
(
a )in the case of an officer holding the rank of second lieutenant— eighteen months;(
b )in the case of an officer holding the rank of lieutenant—(i) if he held that rank upon being appointed an officer— three years; or
(ii) in any other case—four and one-half years; or
(
c )in the case of an officer holding the rank of Captain—(i) if he held that rank upon being appointed an officer— three years;
(ii) if he held the rank of lieutenant upon being appointed an officer—six years; or
(iii) in any other case—seven and one-half years.
“(6.) Where—
(
a )an officer in the Permanent Military Forces has also served as an officer in another part of the Defence Force or in the Naval, Military or Air Forces of any of Her Majesty’s dominions other than the Commonwealth; or(
b )an officer in the Citizen Military Forces has also served as an officer in another part of the Defence Force or in the Naval, Military or Air Forces of any of Her Majesty’s dominions other than the Commonwealth,
so much of that service as the Military Board determines shall, for the purposes of whichever of the preceding sub-regulations of this regulation is applicable, be deemed to be service as an officer in the Permanent Military Forces or the Citizen Military Forces, as the case requires.
“(7.) Sub-regulations (3.), (4.) and (5.) of this regulation do not apply to the promotion, with the approval of the Military Board, of—
(
a ) a medical officer;(
b ) a dental officer;(
c ) an officer serving in the Australian Army Legal Corps;(
d )an officer serving in the Australian Army Psychology Corps, being an officer who is an Associate of the British Psychological Society;(
e ) an officer serving in the Australian Engineer and Railway Staff Corps; or(
f ) an officer included on the Quartermaster List or the Bandmaster List of ä corps.
“ (8.) An officer included on the Quartermaster List or the Bandmaster List of a corps is not eligible for promotion to a higher rank unless selected for promotion to that rank by the officers appointed by the Adjutant-General for the purpose of considering and selecting persons included on those lists for promotion.
“80. The last preceding regulation does not apply to the promotion of an officer in time of war or in time of defence emergency.
“81.—(1.) An officer who has served as an officer for the period required for promotion to a higher rank but is not otherwise eligible for promotion to that rank may be promoted to that rank provisionally.
“(2.) Where an officer is promoted to a higher rank provisionally, the officer shall revert to his previous rank unless he obtains, within three years after being so promoted, the qualifications for promotion to that rank.
“82.—(1.) Where an officer is posted to an appointment on the establishment of the Military Forces the rank for which is a rank higher than the rank held by the officer, the officer may be promoted to that rank temporarily.
“(2.) An officer promoted to a rank temporarily under the last preceding sub-regulation, holds the rank while he performs the duties of the office to which he was so posted and for such further period (if any) as the Military Board approves.
“83.Notwithstanding the provisions of the last four preceding regulations, the Governor-General may, on the recommendation of the Military Board—
(
a )promote an officer to a rank to be held by him as an honorary rank; or(
b )appoint a person who has special professional or technical qualifications to be an officer on the Reserve of Officers List of the Reserve Citizen Military Forces with a rank to be held by him as an honorary rank.
“84.—(1.) The Governor-General, or an authorized person, may—
(
a ) appoint persons to be officers of cadets;(
b ) promote officers of cadets;(
c ) accept the resignation of, or retire, officers of cadets; and(
d )terminate the appointment of officers of cadets.
“(2.) The Governor-General may authorize a person by name, or the holder for the time being of a specified office, to be an authorized person for the purposes of the last preceding sub-regulation.
“(3.) An appointment under this regulation—
(
a ) shall be notified in theGazette; and(
b )takes effect from, the date of notification or, if another date is specified in the notification, from that other date.
“(4.) A person appointed an. officer of cadets before the date of commencement of this regulation and serving as such an officer immediately before that date continues in office as if he had been appointed an officer of cadets under this regulation.
“85. A person is not eligible for appointment as an officer of cadets—
(
a )unless he is a member of the staff of an educational institution for which a unit of the Australian Cadet Corps is established and is recommended for appointment by the Headmaster or Principal of that institution; or(
b )unless he is an officer of the Defence Force recommended for appointment by the Headmaster or Principal of such an educational establishment and. the Adjutant-General approves his appointment.
“86. The training and conditions of service of officers of cadets are as determined by the Military Board.”.
“DIVISION 3. —TRANSFER—SUPERNUMERARY AND SECONDED OFFICERS—UNATTACHED LIST—RESERVE OF OFFICERS— TERMINATION OF THE SERVICES OF OFFICERS—RETIREMENT AND RESIGNATION OF OFFICERS.”.
“123a. Where—
(
a )the Governor-General terminates the services of an officer—(i) by terminating his appointment as an officer of the Military Forces, whether or not his commission is also cancelled;
(ii) by retiring him; or
(iii) by accepting his resignation;
(
b ) the services of an officer are terminated—(i) by the sentence of a court martial; or
(ii) by reason of the termination of his appointment as an officer on probation; or
(
c ) the appointment of an officer is terminated—(i) upon the officer completing the period of service for which he was appointed or for which the term of his appointment is, under section 10a of the Act, to be deemed to have been extended; or
(ii) by reason of his having attained the age for compulsory retirement,
notification of
the termination, and of the date as from which his services are, or appointment
is, terminated, shall be published in the
“136.—(1.) A soldier enlisted in a force forming part of the Permanent Military Forces is liable to serve in any corps or part of that force.
“(2.) A soldier enlisted in the Active Citizen Military Forces is liable to serve in any corps or part of those forces.”.
“138. The procedure for and in relation to voluntary enlistment in the Permanent Military Forces or the Active Citizen Military Forces is as determined by the Military Board.”.
“140.—(1.) A member of the Permanent Military Forces may, at his option, on or before the expiration of his original enlistment or any subsequent re-engagement, re-engage to serve for a further period without any fresh oath of enlistment.
“(2.) Subject to the next two succeeding sub-regulations, the period for which a member may re-engage is—
(
a ) in the case of a soldier in the Australian Regular Army, not being a soldier in a native force—six years or three years;(
b )in the case of a soldier in a native force—four years;(
c ) in the case of a soldier in the Regular Army Supplement—three years;(
d )in the case of a soldier in the Regular Army Emergency Reserve—two years; and(
e )in the case of a soldier in the Active Citizen Military Forces —two years.
“(3.) Where a soldier in a native force is selected for training as a tradesman, the period for which he may re-engage is the period ascertained by subtracting from nine years the period for which he is, at the time he is so selected, still bound to serve under his original enlistment or subsequent re-engagement, as the case may be.
“(4.) Where, at the expiration of the period for which a soldier is, or is to be deemed to have, engaged or re-engaged to serve, the period from and including the day immediately following the expiration of that period to the day on which the soldier will attain the age for his compulsory retirement is less than the period for which, but for this sub-regulation, he might re-engage, the period for which he may re-engage is that lesser period.
“(5.) The re-engagement of a soldier under this regulation for a further period of service is subject to the conditions—
(
a ) that the soldier is medically fit;(
b )that the soldier has not, or will not have, at the expiration of the period for which he is, or is to be deemed to have, engaged or re-engaged to serve, attained the age for his compulsory retirement;(
c ) that—(i) if a soldier holds a rank below the rank of sergeant— his commanding officer; or
(ii) in any other case—his formation commander, is satisfied that his service in the Military Forces has been satisfactory; and
(
d ) that it is in the interests of the Military Forces that he should continue to serve in those Forces.
“(6.) In the application of the last two preceding sub-regulations to and in relation to a soldier, the age for the soldier’s compulsory retirement shall be ascertained in accordance with the provisions of sub-regulations (2.), (3.), (4.) and (5.) of regulation 191 of these Regulations.
“(7.) The period for which a soldier re-engages to serve commences on the day immediately following the expiration of the period for which he is bound to serve.
“(8.) Each person occupying, or performing the duties of, the office of Adjutant-General or Director of Personnel Administration and each formation commander is, for the purposes of section 36 of the Act, an authority who may veto the re-engagement of a soldier.
“(9.) The re-engagement of a soldier may be vetoed at any time before the expiration of six months after the commencement of the period of re-engagement.”.
“191.—(1.) This regulation does not apply to or in relation to a soldier during a time of war or a time of defence emergency.
“(2.) Subject to the succeeding sub-regulations of this regulation, the age for the compulsory retirement of a soldier, for the purposes of section 27 of the Act, is—
(
a )in the case of a soldier enlisted in the Permanent Military Forces —fifty-five years;(
b )in the case of a soldier enlisted in the Citizen Military Forces, not being a soldier who is a bandmaster, drum-major or bandsman—forty-eight years; and(
c ) in the case of a soldier enlisted in the Citizen Military Forces, being a soldier who is a bandmaster, drum-major or bandsman—fifty-five years.
“(3.) Subject to the succeeding sub-regulations of this regulation, the age for the compulsory retirement of a soldier enlisted in the Permanent Military Forces or in the Citizen Military Forces, being a soldier who is a female, is, for the purposes of section 27 of the Act, fifty years.
“(4.) Where the Minister certifies, by writing under his hand, that it is desirable in the interests of the Military Forces that the services of a soldier in the Australian Regular Army who has not attained the age of fifty-five years be retained after the soldier has attained that age, the age for the compulsory retirement of the soldier is sixty years.
“(5.) Where the Adjutant-General certifies, by writing under his hand, that it is desirable in the interests of the Military Forces that the services of a soldier in the Military Forces, not being a soldier in the Australian Regular Army, who has not attained the age that would, but for this sub-regulation, be his age for compulsory retirement be retained after he has attained that age, the age for the compulsory retirement of the soldier is sixty years.
“191a. During a times of war or a time of defence emergency, the age for the compulsory retirement of a soldier, for the purposes of section 27 of the Act, is sixty years.”.
(
a )by omitting from sub-regulation (4.) the words “, or sub-regulation (5.) of A.M.R. 350,”; and(
b )by omitting from that sub-regulation the word and figure “ , or 350 (5.) “.
(
a )by omitting from sub-regulation (1.) the word and figures “ and 350 (6.) “; and(
b ) by omitting from sub-regulation (2.) the figures “ , 350 (7.),”.
“465. Subject to such conditions as the Military Board determines, an officer authorized by the Military Board to do so may grant to a member of the Military Forces employed on continuous full time military service leave of absence for recreation, called ‘recreation leave’, for a period not exceeding, or for periods not exceeding in the aggregate, eighteen days, exclusive of Sundays and holidays, for each year of continuous full time military service.”.
“466.—(1.) In such circumstances and subject to such conditions as the Military Board determines, an officer authorized by the Military Board to do so may grant to a member of the Military Forces employed on continuous full time military service leave of absence, called ‘emergency leave’, for a period not exceeding, or for periods not exceeding in the aggregate, seven days in any year of continuous full time military service.
“(2.) Where a member who is granted emergency leave travels at the expense of the Department during the period of the leave, an. officer authorized for the purposes of the last preceding sub-regulation may grant to the member an additional period of leave of absence equal to the period of that travel.
“(3.) A period of leave of absence granted under the last preceding sub-regulation does not count as a period of recreation leave or, in calculating a period of emergency leave that may be granted to the member under sub-regulation (1.) of this regulation, as a period of emergency leave.”.
“468. Where a member of the Permanent Forces performs duties for more than the usual working hours by reason of the fact that his duties cannot ordinarily be performed in a year during the usual working hours and compensation in the form of absence from duty or additional remuneration has not been made to the member for the performance of those duties, regulation 465 of these Regulations applies, if the Military Board so approves, to the member as if the reference to eighteen days were read as a reference to twenty-four days.”.
“(2.) A person is not qualified for transfer to or seconding for duty with the Australian Army Legal Corps unless—
(
a ) he is or has been a barrister or solicitor or barrister and solicitor of the High Court or of the Supreme Court of a State or Territory; or(
b )he is or has been entitled, in another part of Her Majesty’s dominions, to the like rights and privileges of practice before the courts of that part as a barrister or solicitor, or barrister and solicitor, of a State or Territory is entitled before the courts of that State or Territory and the Director of Legal Services has certified that he possesses qualifications sufficient for the performance of the duties of an officer of the Australian Army Legal Corps.”.
(
a )by omitting from sub-regulation (1.) the words “legal officer” (first occurring) and inserting in their stead the words “an officer of the Australian Army Legal Corps”;(
b ) by omitting from paragraph (h )of sub-regulation (1.) the words “the officers of” and inserting in their stead the words “members serving in”; and(
c ) by omitting from paragraph (i) of sub-regulation (1.) the words “ when employed on war service,”.
“(
ba )representing the Military Board upon the hearing of appeals to the Courts Martial Appeals Tribunal;”.
“P.S.—for penal servitude.”.
(
a ) an officer who had been provisionally promoted to a rank under section 21 of theDefence Act 1903-1956 had not passed the examination required under that section; and(
b )the time within which he was required to pass that examination had not expired,
the Governor-General may—
(
c ) if, before the expiration of that time, he passes an examination for promotion to that rank approved by the Military Board —confirm the provisional promotion; or(
d ) in any other case—terminate the provisional promotion.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
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