Australian Military Amendment Regulations 2002 (No. 1) 2002 No. 277
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 277
Defence Act 1903
Australian Military Amendment Regulations 2002 (No. 1)
Issued by the authority of the Minister for Veterans' Affairs
Paragraphs 124 (1) (a) to (ac) of the Defence Act 1903 provide that the Governor-General may make regulations in relation to enlistment, appointment, promotion, reduction in rank, retirement and discharge of members of the Defence Force, the transfer of members of the Defence Force, the training of members and the conditions of service of members.
This Statutory Rule forms part of a package which consolidates the existing regulations relating to personnel matters contained in service specific regulations, as well as some former provisions of the Defence Act 1903 and the Naval Defence Act 1910 into a single consolidated set of tri-service regulations contained in the Defence (Personnel) Regulations 2002 (the Principal Regulations). The Principal Regulations were made in an interim form in March 2002. However, the Defence (Personnel) Amendment Regulations 2002, which form part of this package of regulation changes, have consolidated all of these personnel provisions into the one Statutory Rule.
The purpose of this Statutory Rule is to repeal those parts of the Australian Military Regulations 1927 no longer required as a result of the commencement of the Defence (Personnel) Amendment Regulations, and to make consequential amendments to the remaining regulations.
The remaining regulations are largely those not dealing with personnel functions.
Regulation 1 names the Regulations as the Australian Military Amendment Regulations 2002 (No. 1).
Regulation 2 provides that the Regulations commence on 1 December 2002.
Regulation 3 provides Schedule 1 to amend the Australian Military Regulations 1927.
The remaining items omit the provisions that are no longer required, make consequential drafting changes and retain the following provisions of these Regulations (which reinstate the substance of the current provisions):
Regulation 68 which lists the precedence of Corps; the only changes to the existing list are the insertion of the Australian Army Public Relations Service and the deletion of the Royal Australian Survey Corps.
Regulation 70 which provides for the ranking of consular service officers.
Regulation 72 which provides for the establishment of Divisions in the Australian Army.
Regulation 433 which deals with when a member can be medically examined. It updates the range of superior officers who can direct a member to attend an examination.
Regulations 803 which remakes regulations 803 and 804 (ie the offences relating to impersonation, false representation and assumption of a title of rank in the Australian Army). It also increases the penalty for the offence from $20 to 10 penalty units (ie $1100).
Overview
The Australian Military Amendment Regulations 2002 (No. 1) were enacted to address the need for the consolidation and updating of existing military regulations, particularly those concerning personnel matters. This legislation was issued by the authority of the Minister for Veterans' Affairs and forms part of a broader package that aimed to bring together all personnel provisions into the Defence (Personnel) Regulations 2002. The primary objective of these regulations was to repeal parts of the Australian Military Regulations 1927 that were no longer required and to make necessary amendments to the remaining regulations. This consolidation ensures a more streamlined and efficient regulatory framework for the Defence Force, aligning with modern administrative practices and addressing outdated provisions.
Scope and Application
The Australian Military Amendment Regulations 2002 (No. 1) apply to members of the Defence Force, specifically addressing personnel matters such as enlistment, appointment, promotion, reduction in rank, retirement, discharge, transfer, training, and the conditions of service. This legislation consolidates existing regulations concerning personnel from service-specific regulations, the Defence Act 1903, and the Naval Defence Act 1910 into the Defence (Personnel) Regulations 2002. The regulations govern the conduct and administrative procedures related to Defence Force members and aim to streamline and modernise the regulatory framework. The geographic reach of these regulations is national, applying across all Australian states and territories, as they pertain to federal Defence Force personnel. The regulations do not specify exclusions or exemptions, but they do retain certain provisions such as the precedence of Corps, ranking of consular service officers, and the establishment of Divisions in the Australian Army. The Regulations also address specific offences such as impersonation and false representation, updating the penalties associated with these offences.
Key Provisions
The Australian Military Amendment Regulations 2002 (No. 1) serve to consolidate and update various existing regulations concerning personnel matters within the Defence Force, as stipulated in paragraphs 124(1)(a) to (ac) of the Defence Act 1903. These regulations, which are part of a broader effort to streamline and modernise the governance of Defence personnel, introduce changes to the Australian Military Regulations 1927. The primary objective is to repeal outdated provisions and make necessary amendments to ensure the regulations remain relevant and effective.
These regulations impose specific obligations on members of the Defence Force and the entities responsible for their administration. They dictate the processes for enlistment, appointment, promotion, reduction in rank, retirement, and discharge of members, as well as the conditions of their service. The amendments include updates to the list of Corps precedence, the ranking of consular service officers, and the establishment of Divisions within the Australian Army. Additionally, they provide clarity on when a member can be required to undergo a medical examination and update the penalties for certain offences related to impersonation and false representation within the Australian Army.
Failure to comply with the provisions of these regulations can result in significant consequences. Specifically, the regulations introduce more stringent penalties for offences such as impersonation, false representation, and the assumption of a title of rank, with the maximum penalty increased from $20 to 10 penalty units, equating to $1100. These amendments underscore the importance of adherence to the regulations and the potential legal repercussions for non-compliance. By clearly outlining the obligations, permissible actions, and consequences of breaches, the Australian Military Amendment Regulations 2002 (No. 1) aim to ensure a well-regulated and disciplined Defence Force.