Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 28.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.

Dated this twenty-second day of March, 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command.

Minister of State for the Army.

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Amendments of the Australian Military Regulations. 

Appointment of Honorary Colonels.

1. Regulation 98 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“ (3.) An appointment as an Honorary Colonel or Colonel Commandant shall be for a period not exceeding four years.

“ (3a.) A person who has been appointed an Honorary Colonel or Colonel Commandant may be re-appointed once at the end of the period for which he was appointed for a further period not exceeding two years.”; and

(b) by omitting from sub-regulation (6.) the words “ Sub-regulations (3.) and (4.) ” and inserting in their stead the words “ Sub-regulations (3.), (3a.) and (4.) ”.

Repeal of regulations 113 to 119.

2. Regulations 113 to 119 (inclusive) of the Australian Military Regulations are repealed.

Retired list and military title after retirement.

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

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“ (1.) For the purposes of this regulation, an officer shall be deemed to have completed a specified number of years of service if the total of—

(a) the period of his service—

(i) as an officer in the Active Forces or the Regular Army Special Reserve; and

• (ii) if the officer has had service as an officer in a naval, military or air force (not being part of the

   Defence Force)

 

* Notified in the Commonwealth Gazette on 28th March, 1963.

  Statutory Rules 1927, No. 149 as amended to date. For previous amendments to the Australia Military Regulations, see footnote   to Statutory Rules 1962, No. 23, and see also Statutory Rules 1962, Nos. 23, 27, 68, 69 and 71.

10450/62.—Price 3d. 10/6.2.1963.

 

approved by the Military Board—so much of the period of his service as an officer in that force as the Military Board approves for the purposes of this regulation;

(b) a period equal to one-half of—

(i) his continuous full-time service in the ranks in the Defence Force; and

(ii) if the officer has had continuous full-time service in the ranks in a naval, military or air force (not being part of the Defence Force) approved by the Military Board—so much of the period of his service in the ranks in that force as the Military Board approves for the purposes of this regulation;

(c) a period equal to one-fifth of—

(i) his service, other than continuous full-time service, in the ranks in the Active Citizen Forces; and

(ii) if the officer has had service, other than continuous full-time service, in the ranks in a naval, military or air force (not being part of the Defence Force) approved by the Military Board—so much of the period of his service in the ranks in that force as the Military Board approves for the purposes of this regulation; and

(d) in an appropriate case, the period of service in the Australian Army Nursing Service before the twenty-third day of March, 1943,

equals or exceeds that specified number of years of service.

“ (2.) The Governor-General may, if he places on a retired list an officer who—

(a) has completed ten years of service; or

(b) is retired in consequence of an incapacity attributable to war service,

grant to the officer the military title equivalent to the substantive or honorary rank held by him immediately before his retirement.

“ (3.) The Governor-General may, if he places on a retired list an officer who is—

(a) a colonel who has completed thirty years of service;

(b) a lieutenant-colonel or major who has completed twenty years of service; or

(c) a captain or lieutenant who has completed fifteen years of service,

grant to the officer the military title one step higher than the substantive rank held by him immediately before his retirement.”;

 

(b) by omitting from sub-regulation (4.) the figure “ (1.) ” and inserting in its stead the figure “ (2.) ”; and

(c) by omitting sub-regulations (5.) and (6.).

Special cases.

4. Regulation 126 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (a) after the word “ conferred ” the words “ during service in the Military Forces ”; and

(b) by inserting in paragraph (a) after the word “ brigadier ” (second occurring) the words “ during service in the Military Forces.

Re-engagement.

5. Regulation 140 of the Australian Military Regulations is amended by omitting from sub-regulation (6.) the words “ one year ” and inserting in their stead the words “ two years ”.

Repeal of regulation 153.

6. Regulation 153 of the Australian Military Regulations is repealed.

Military title on discharge.

7. Regulation 192 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“ (1.) A W.O. or N.C.O. who has completed twenty years’ service, has held the rank of W.O. or N.C.O. for not less than ten years, and has been awarded a long service medal appropriate to the Military Forces shall be an eligible person for the purposes of this regulation and may, on discharge, be granted a military title in accordance with this regulation.”;

(b)by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“ (5.) A private soldier who has completed twenty years’ service, and has been awarded a long service medal appropriate to the Military Forces, may, on discharge, be granted permission by his C.O. to wear the uniform of his corps.”; and

(c) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“ (7.) For the purposes of sub-regulations (1.) and (5.) of this regulation, ‘ service ’ means—

(a) service in the Active Forces;

(b) service in the Reserve Forces, other than service in the Regular Army Reserve which is not continuous full-time service; or

(c) service in any naval, military or air forces if the service is approved by the Military Board for the purposes of this sub-regulation.”.

Modifications and adaptations of A.A. (War Service).

8. Regulation 202 of the Australian Military Regulations is amended by omitting from paragraphs (b) and (h)the words “ penal servitude ” and inserting in their stead the word “ imprisonment ”.

Adaptations of R.P. 51, 56 and 57, (Peace and war service).

9. Regulation 329 of the Australian Military Regulations is amended by omitting sub-paragraph (i) of paragraph (b).

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