Australian Military Regulations (Amendment) (Cth)

Statutory Rules 1956, No. 102.(c)

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Sub-division of Regulations.

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

(a) by omitting the words and figures—
“ Division 2.—Appointment and promotion of officers and special appointments...................................................................................	71-105 ”
and inserting in their stead the words and figures—
“ Division 2.—Appointment and promotion of officers and special appointments...................................................................................	71-104 ” ;
(b)by omitting the words and figures—
“ Division 4.—Enlistment and re-engagement......................	135-141 ”
and inserting in their stead the words and figures—
“ Division 4.—Enlistment and re-engagement......................	135-141aa ” ;
(c) by omitting the words and figures—
“ Division 1.—Redress of wrongs........................................	194- 195
Division 2.—General..........................................................	196-200 ”
and inserting in their stead the words and figures—
“ Division 1.—Redress of wrongs........................................	194
Division 2.—General..........................................................	196-198a ” ;
(d) by omitting the words and figures—
“ Division 15.—Preparation for defence by accused persons..	317-318
Division 16.—Finding and sentence.....................................	319-325 ”
and inserting in their stead the words and figures—
“ Division 15.—Preparation for defence by accused persons..	317-318a
Division 16.—Finding and sentence.....................................	319-324 ” ;
(e)by omitting; the words and figures—
“ Division 20.—Courts of inquiry and Boards other than courts of inquiry held under A.M.R. 276........................................................	371-386 ”
and inserting in their stead the words and figures—
“ Division 20.—Courts of inquiry and Boards other than courts of inquiry held under A.M.R. 276........................................................	371-385 ” ;
(f) by omitting the words and figures—
“ Division 6.—Leave of absence and holidays—Permanent Forces	463-177 ”
and inserting in their stead the words and figures—
“ Division 6.—Leave of absence and holidays—Permanent Forces	463-476 ” ;

(c) Made under the Defence Act 1903-1956 on 14th December, 1956; notified in the Gazette on 14th December, 1956.

 

(g) by omitting the words and figures—
“ Division 1.—Australian Staff Corps..................................	535-541 ”
and inserting in their stead the words and figures—
“ Division 1.—Australian Staff Corps..................................	536-541 ” ;
(h)by omitting the words and figures—
“ Division 3.—Royal Australian Army Medical Corps..........	544-550 ”
and inserting in their stead the words and figures—
“ Division 3.—Royal Australian Army Medical Corps..........	543a-550 ” ;
and
(i) by omitting the words and figures—
“ Division 10.—Royal Australian Survey Corps...................	603-605 ”
and inserting in their stead the words and figures—
“ Division 10.—Royal Australian Survey Corps...................	603-605a ”.

Constitution of Military Board.

2. Regulation 21 of the Australian Military Regulations is amended by omitting sub-regulation (1a).

Committees.

3. Regulation 33 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

“ 33.—(1.) The Military Board may appoint committees for the purposes of this regulation.

“ (2.) A committee so appointed shall, as directed by the Military Board, consider, and make recommendations to the Military Board with respect to, any of the following matters :—

(a) all promotions to the rank of lieutenant-colonel, colonel, brigadier or major-general in the Permanent Forces and in the Citizen Forces ;

(b)all appointments of officers of the rank of lieutenant-colonel, colonel, brigadier or major-general in the Permanent Forces and in the Citizen Forces ;

(c) all appointments of officers of the Permanent Forces and the Citizen Forces to be staff officers of brigades and higher formations in the rank of major ;

(d)such other matters as are referred to it by the Military Board.

“ (3.) The recommendations of a committee appointed under this regulation shall be considered at an ordinary meeting of the Military Board.

“ (4.) The Military Board shall submit its recommendations with respect to a matter specified in paragraph (a) or (b) of sub-regulation (2.) of this regulation to the Minister.”.

Command for purpose of discipline in certain corps.

4. Regulation 66 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (3.) the word “ and ” ; and

(b) by omitting paragraph (c) of sub-regulation (3.) and inserting in its stead the following paragraphs :—

“; (c) in respect of a member serving under the command of the Commandant of the Officer Cadet School or attending for instruction at the Officer Cadet School—the Commandant of the Officer Cadet School or an officer, not below the rank of major, authorized by him for that purpose ;

“ (d)in respect of a member serving under the command of the Commandant of the Jungle Training Centre or attending for instruction at the Jungle Training Centre—the Commandant of the Jungle Training Centre or an officer, not below the rank of major, authorized by him for that purpose ; and

“ (e) in respect of a member allotted for duty or attending for instruction at any other Army School—the chief instructor of the School, not below the rank of major.”.

Service before promotion of officers in the Permanent Forces.

5. Regulation 85 of the Australian Military Regulations is amended—

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

“ (1) Unless the Military Board in exceptional circumstances otherwise recommends—

(a)an officer of the Australian Regular Army who graduated at the Officer Cadet School as a second lieutenant on or before the thirty-first day of December, 1954, shall not be promoted—

(i) to the rank of lieutenant until he has served as an officer of the Australian Regular Army for a period of four years or for such shorter period as the Military Board determines in respect of officers of his age and with equivalent educational qualifications ;

(ii) to the rank of captain until he has served as an officer of the Australian Regular Army for a period of eight years ; or

(iii) to the rank of major until he has served as an officer of the Australian Regular Army for a period of fourteen years ;

(b)an officer of the Australian Regular Army who has graduated or graduates at the Officer Cadet School as a second lieutenant after the thirty-first day of December, 1954, shall not be promoted—

(i) to the rank of lieutenant until he has served as an officer of the Australian Regular Army for a period of three and a half years ;

(ii) to the rank of captain until he has served as an officer of the Australian Regular Army for a period of seven and a half years ; or

(iii) to the rank of major until he has served as an officer of the Australian Regular Army for a period of thirteen and a half years ;

(c) an officer appointed to the Australian Regular Army in the rank of lieutenant shall not be promoted—

(i) to the rank of captain until he has served as an officer of the Australian Regular Army for a period of four years ; or

(ii) to the rank of major until he has served as an officer of the Australian Regular Army for a period of ten years ; and

(d)an officer appointed to the Australian Regular Army in the rank of captain shall not be promoted to the rank of major until he has served as an officer of the Australian Regular Army for a period of six years.” ;

(b)by omitting from sub-regulation (2) the words “ Permanent Forces ” (wherever occurring) and inserting in their stead the words “ Australian Regular Army ” ;

(c) by adding at the end of paragraph (b)of sub-regulation (2) the word “ and ” ;

(d)by omitting paragraph (c) of sub-regulation (2); and

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

“ (3) This regulation does not apply to an officer appointed in the position of Quartermaster in the Australian Regular Army.”.

Retired list and military title after retirement.

6. Regulation 125 of the Australian Military Regulations is amended by omitting sub-regulation (6) and inserting in its stead the following sub-regulation :—

“ (6) For the purpose of this regulation, ‘ commissioned service in the Active Military Forces ’ includes—

(a) one-half of any service in the ranks of the Permanent Forces ;

(b) one-fifth of any service in the ranks of the Active Citizen Forces ; and

(c) service as a member of the Australian Army Nursing Service before the twenty-third day of March, 1943.”.

Interpretation.

7. Regulation 237 of the Australian Military Regulations is amended by inserting after sub-regulation (5) the following sub-regulation :—

“ (5a) For the purposes of the provisions referred to in sub-regulation (1) of this regulation—

(a) an officer of the rank of major or above commanding a unit to which is attached a unit commanded by a member of a rank below that of major shall be deemed to be the commanding officer of the members of the unit so attached ; and

(b)an officer of the rank of major or above appointed by a formation, &c., commander to deal with charges against members of a unit not attached to another unit and commanded by a member of a rank below that of major shall be deemed to be the commanding officer of those members.”.

Heading to Division 14, Part VII.

8. The heading “ DIVISION 14.—AUSTRALIAN ARMY NURSING SERVICE.” in Part VII. of the Australian Military Regulations is repealed.

Heading to Division 7, Part XIII.

9. The heading “ DIVISION 7.—WILLS.” in Part XIII. of the Australian Military Regulations is repealed.

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