Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1953. No. 87.

REGULATIONS UNDER THE DEFENCE ACT 1903-1953.*

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 1903-1953.

Dated this twenty-fifth day of September, 1953.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

JOS. FRANCIS

Minister of State for the Army.

Amendments of the Australian Military Regulations.

Subdivision of Regulations.

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

“ Division 6.—Transfer of W.O.’s, N.C.O.’s, and

men .................................................................................................  168-174 ”.

Precedence of Corps.

2. Regulation 68 of the Australian Military Regulations is amended by inserting after the words—

“ The Royal Australian Army Provost Corps,”

the words—

“ The Australian Army Psychology Corps,”.

Proscribed Corps.

3. Regulation 71a of the Australian Military Regulations is amended by inserting after the words—

“ The Royal Australian Army Provost Corps;”

the words—

“ The Australian Army Psychology Corps;”.

* Notified in the Commonwealth Gazette on 1st October, 1953.

* 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, 40 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, 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; 1951, Nos. 20, 56, 125 and 152; and 1952, Nos. 8, 60, 68 and 69.

120.—Price 5d.

4. After regulation 81 of the Australian Military Regulations the following regulation is inserted :—

Prescribed Corps for the purposes of section 21a.

“ 81a. Each of the following is a prescribed corps for the purposes of sub-section (1.) and sub-section (2.) of section 21a of the Act :—

(a) The Royal Australian Survey Corps ;

(b) The Australian Army Canteens Service ;

(c) The Royal Australian Army Medical Corps ;

(d) The Royal Australian Army Dental Corps ;

(e) The Australian Army Educational Corps ;

(f) The Australian Army Catering Corps ;

(g) The Royal Australian Army Pay Corps ;

(h) The Australian Army Legal Corps ;

(i) The Australian Army Psychology Corps ;

(j) The Royal Australian Army Nursing Corps ; and

(k) The Women’s Royal Australian Army Corps.”.

Repeal of regulations 93 and 94.

5. The sub-heading immediately preceding regulation 93 and regulations 93 and 94 of the Australian Military Regulations are repealed.

Appointment of aides-de-camp.

6. Regulation 95 of the Australian Military Regulations is amended by omitting from sub-regulation (3) the word “ colonel ” and inserting in its stead the word “ brigadier ”.

Ages for retirement of officers.

7.—(1.) Regulation 124 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

“ (1.) Subject to this regulation—

(a) an officer of The Royal Australian Army Ordnance Corps, The Royal Corps of Australian Electrical and Mechanical Engineers and The Royal Australian Army Provost Corps of a rank or appointment specified in column 1 of the table in this sub-regulation shall be retired when he attains the age specified in column 2 of that table opposite to that rank or appointment ;

(b) an officer of The Royal Australian Survey Corps, The Royal Australian Army Chaplains’ Department (other than an officer specified in sub-regulation (4) of this regulation), The Australian Army Printing and Stationery Services, The Australian Army Canteens Service, The Royal Australian Army Medical Corps, The Royal Australian Army Dental Corps, The Australian Army Educational Corps, The Australian Army Catering Corps, The Royal Australian Army Pay Corps, The Australian Army Legal Corps and The Army Labour Corps of a rank, appointment or, in the case of an officer of The Royal Australian Army Chaplains’ Department, precedence specified in column 1 of the table in this sub-regulation shall be retired when he attains the age specified in column 3 of that table opposite to that rank, appointment or precedence ;

(c) an officer of The Royal Australian Army Nursing Corps of a rank or appointment specified in column 1 of the table in this sub-regulation shall be retired when that officer attains the age specified in column 4 of that table opposite to that rank or appointment ;

(d) an officer of The Women’s Royal Australian Army Corps of a rank or appointment specified in column 1 of the table in this sub-regulation shall be retired when that officer attains the age specified in column 5 of that table opposite to that rank or appointment ; and

(e) an officer of any other part of the Military Forces, other than an officer specified in sub-regulation (4) of this regulation, of a rank or appointment specified in column 1 of the table in this sub-regulation shall be retired when the officer attains the age specified in column 6 of that table opposite to that rank or appointment.

    

Column 1.	Column 2.	Column 3.	Column 4.	Column 5.	Column 6.
Rank, appointment or precedence.
General.......................................	..	..	..	..	62
Lieutenant-General......................	..	..	..	..	60
Major-General............................	..	60	..	..	57
Brigadier.....................................	57	57	55	52	55
Colonel.......................................
Lieutenant-Colonel......................	53	55	55	52	50
Major..........................................	50	55	55	50	47
Captain.......................................	50	55	55	50	47
Lieutenant..................................	50	55	55	47	47
Second Lieutenant.......................	50	55	55	47	47
Quartermaster or Bandmaster.......	55	55	..	..	55”.

(2.) Regulation 124 of the Australian Military Regulations is amended by omitting from sub-regulation (5.) the word “ Permanent ”.

Chaplains.

8. Regulation 127 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (3.) Upon the retirement of a chaplain-general who has ten years’ commissioned service in the Active Military Forces, that chaplain-general may, if placed upon the retired list, he granted by the Governor-General the military title of chaplain-general.”.

Period of re-engagement

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

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

“ (1.) Subject to this regulation, a soldier of the Australian Regular Army may elect to re-engage at the expiration of the period of his original engagement or subsequent re-engagement and, if—

(a) he so elects ;

(b) his re-engagement is approved ; and

(c) he is medically fit,

the soldier shall, with all convenient speed after the expiration of that period, be re-engaged to serve—

(d) on his first re-engagement—for a period of six years ;

(e) on his second and subsequent re-engagements—for a period of five years ; or

(f) where the period of re-engagement applicable to the soldier would, but for this paragraph, expire on a day after the day on which he will attain the age of fifty-five years—for a period which will expire on the day on which he will attain that age.

“ (1a.) The period of re-engagement of a soldier, or a soldier included in a class of soldiers, of a part of the Permanent Forces other than the Australian Regular Army shall be the period specified in the last preceding sub-regulation unless otherwise determined by the Military Board, in which case, the period shall be the period determined by the Military Board.”;

(b) by omitting from sub-regulation (2.) the words “ the last preceding sub-regulation ” and inserting in their stead the words “ either of the last two preceding sub-regulations ”;

(c) by omitting the proviso to sub-regulation (5.);

(d) by inserting in sub-regulation (6.), after the word “ year ”, the words “ or such shorter period as will expire on the day on which he will attain the age of forty-eight years ”; and

(e) by adding at the end thereof the following sub-regulations :—

“ (11.) Subject to the next succeeding sub-regulation, a soldier of the Permanent Forces, whether or not he has attained the age of fifty-five years, may be re-engaged for a period of re-engagement that will expire on a day after the day on which he attains the age of fifty-five years if—

(a) in the case of a soldier of the Australian Regular Army—the Minister considers that the services of that soldier should be retained beyond that age and approves his re-engagement ; or

(b) in the case of a soldier of another part of the Permanent Forces—the Adjutant-General considers that the services of the soldier, or of the soldiers in a class of soldiers in which the soldier is included, should be retained beyond that age and approves the re-engagement of the soldier or the soldiers in that class.

“ (12.) The period of re-engagement of a soldier under the last preceding sub-regulation shall not exceed—

(a) in the case of a soldier of the Australian Regular Army—five years; or

(b) in the case of a soldier of another part of the Permanent Forces—three years,

and in any case, shall not exceed a period that will expire on a day after the day on which that soldier will attain the age of sixty years.”.

Soldiers not to be promoted after reaching age for retirement prescribed by regulation 191 (1).

10. Regulation 160a of the Australian Military Regulations is amended—

(a) by omitting the words “ sub-regulation (2) or sub-regulation (4) of regulation 191 of these Regulations ” and inserting in their stead the words “ sub-regulation (11.) of regulation 140 of these Regulations or under sub-section (2.) of section 39 of the Act ”; and

(b) by omitting the words “ sub-regulation (1) of that regulation ” and inserting in their stead the words “ paragraph (b) of sub-regulation (1.) of regulation 191 of these Regulations”.

Repeal of Division 6, Part III.

11. Division 6 of Part III. of the Australian Military Regulations is repealed.

12. Regulation 191 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

Compulsory retirement (peace) and discharge in time of war.

“ 191.—(1.) Except in time of war, the age of compulsory retirement of a soldier of the Military Forces shall be—

(a) in the case of a soldier who has been re-engaged under sub-regulation (11.) of regulation 140 of these Regulations—sixty years ; and

(b) in any other ease—

(i) if he is a soldier of the Permanent Forces—fifty-five years ; or

(ii) if he is a soldier of the Citizen Forces—forty-eight years.

“ (2.) In time of war, a soldier who has attained the age of sixty years may be discharged at any time after he attains that age.”.

Suspension, Citizen Forces (Peace).

13.—(1.) Regulation 230 of the Australian Military Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (7) and inserting in its stead the following paragraph :—

“ (a) shall not be entitled to receive any pay or allowances in respect of the period of suspension other than such of the following allowances (if any) as were, immediately before his suspension, payable to that officer or soldier under the Financial (Military) Regulations:—

(i) marriage allowance ;

(ii) provision allowance ;

(iii) separation allowance ;

(iv) living out allowance ;

(v) living out away from home allowance ;

(vi) allowance in lieu of rations or in lion of quarters or tentage ; or

(vii) uniform maintenance allowance; and ”; and

(b) by omitting from sub-regulation (9) the words “ all pay and allowances ” and inserting in their stead the words “ the pay and allowances which, but for the operation of sub-regulation (7) of this regulation, he would have received ”.

120.—2

(2.) The amendment of the Australian Military Regulations effected by the last preceding sub-regulation shall be deemed to have come into operation on the eighteenth day of April, 1952.

14. After regulation 293 of the Australian Military Regulations the following regulation is inserted :—

Forfeiture of pay while in custody for falling to reader service.

“ 293a. A member of the Citizen Forces called up for service under the National Service Act who is detained, in pursuance of a direction given by a prescribed authority under paragraph (b) of sub-section (12.) of section 51 of that Act, in a place which is a prescribed place for the purposes of that section shall forfeit all pay and allowances for each day or part of a day on which he is in that proscribed place.”.

Obligations to undergo medical or dental treatment.

15. Regulation 435 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “ Citizen Forces on war service or of the Permanent Forces ” and inserting in their stead the words “ Military Forces ”.

Repeal of regulation 546c.

16. Regulation 546c of the Australian Military Regulations is repealed.

Positions and ranks.

17. Regulation 549 of the Australian Military Regulations is amended by omitting the words—

“ Senior psychologist........................................................ Major.

Psychologist.................................................................... Captain.”.

Classes of Chaplains.

18. Regulation 594 of the Australian Military Regulations is amended by inserting in sub-regulation (1), after the word “ Chaplains ”, the words “, other than chaplains-general.”.

Flag stations.

19. Regulation 708 of the Australian Military Regulations is amended by omitting from the table in sub-regulation (1) the words “ South Head ” and inserting in their stead the words “ George’s Heights ”.

Artillery salutes.

20. Regulation 710 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (iii) of sub-regulation (2), after the words—

“ The Birthday, Accession, and Coronation of the Sovereign.”.

the words—

“ The day notified in the London Gazette for the official observance of the anniversary of the Birthday of the Sovereign.”; and

(b) by omitting from that paragraph the words—

“ The Birthday of Queen Mary.”

and inserting in their stead the words—

“ The Birthday of Queen Elizabeth, the Queen Mother.”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.