Australian Military (Places of Detention) Regulations (Amendment)

Legislation au C1976L00036 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 36

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this thirtieth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Australian Military (Places of Detention) Regulations †

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

Delegation.

2. The Australian Military (Places of Detention) Regulations are amended by inserting after regulation 2 the following regulation:—

“ 2a. (1) The Chief of the General Staff may delegate to an officer who holds a rank in the Australian Army not below the rank of Colonel any of his powers or functions under regulations 8 and 29.

“ (2) A delegation under sub-regulation (1) is revocable at will and no delegation shall prevent the exercise of any power or function by the Chief of the General Staff.”.

Continuation of orders, approvals, &c.

3. An order, approval, declaration, direction or instruction made, issued or given by the Military Board under regulation 3, sub-regulation 7 (2), 8 (2) or 24 (5) or regulation 38 of the Australian Military (Places of Detention) Regulations before the commencement of this regulation, and in force immediately before the commencement of this regulation, has effect after the commencement of this regulation as if it had been made, issued or given by the Chief of the General Staff under that regulation or sub-regulation of the Australian Military (Places of Detention) Regulations as amended by these Regulations.

* Notified in the Australian Government Gazette on 3 February 1976.

† Statutory Rules 1940, No. 58, as amended by Statutory Rules 1941, No. 165; 1943, Nos. 218 and 250: 1944 No. 171: 1948, No. 41; 1949, No. 93; and 1973, No. 215.

4. The Australian Military (Places of Detention) Regulations are amended as set out in the following table:—

Amendments of the Australian Military (Places of Detention) Regulations.

Provision	Amendment
Sub-regulation 2 (1) ...	Omit from the definition of “ commanding officer ” the words “ of these Regulations ”.
	Omit from paragraph (b) of the definition of “ proper authority ” the words “ Formation, &c., commander ”, substitute the words “ formation commander ”.
	Omit from the definition of “ soldier temporarily committed for safe keeping ” the words “ of these Regulations ”.
Regulation 3 ........	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Regulation 3a .......	Omit from paragraph (a) “ Naval Forces of the Commonwealth ”, substitute “ Australian Navy ”.
Sub-regulation 4a (2) ..	Omit “ of this Regulation ”.
Sub-regulation 7 (1) ...	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 7 (2) ...	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 8 (2) ...	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 13 (2) ..	Omit “ of this regulation ”.
Regulation 14 .......	Omit “ six ”, substitute “ 6 ”.
	Omit “ nine ”, substitute “ 9 ”.
Sub-regulation 19 (1) ..	Omit “ twenty-eight ”, substitute “ 28 ”.
	Omit from paragraph (b) (first occurring) “ Military Forces ”, substitute “ Army ”.
	Omit from paragraph (a) (last occurring) “ (a) ”, substitute” (d) ”.
	Omit from paragraph (a) (last occurring) “ twenty-eight ”, substitute “ 28 ”.
	Omit from paragraph (b) (last occurring), “ (b) ”, substitute “ (e) ”.
	Omit from paragraph (b) (last occurring), “ twenty-eight ”, substitute “ 28 ”.
	Omit from paragraph (c) “ (c) ”, substitute “ (f) ”.
	Omit from paragraph (c) “ two ”, substitute “ 2 ”.
	Omit from paragraph (c) “ twenty-eight ”, substitute “ 28 ”.
Sub-regulation 20 (2) ..	Omit from paragraph (a) “ of these Regulations ”.
	Omit from paragraph (a) “ of this regulation ”.
	Omit from paragraph (a) “ Naval Forces ” (first occurring), substitute “ Navy ”.
	Omit from paragraph (a) “ by the Naval Board ”,
	Omit from paragraph (a) “ of section 78 ”.
	Omit from paragraph (a) “ Naval Forces of the Commonwealth ”, substitute “ Australian Navy ”.
Sub-regulation 22 (2) ..	Omit “ of this regulation ”.
Sub-regulation 22 (3) ..	Omit from paragraphs (a), (b) and (c) “ three ” (wherever occurring), substitute “ 3 ”.
	Omit from paragraph (d) “ seven ”, substitute “ 7 ”.
Sub-regulation 24 (1) ..	Omit “ the last preceding regulation ”, substitute “ regulation 23 ”.
Sub-regulation 24 (2) ..	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (3 )”.
	Omit “ three ”, substitute “ 3 ”.

Provision	Amendment
Sub-regulation 24 (3) ..	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.
	Omit “ two ”, substitute “ 2 ”.
Sub-regulation 24 (5) ..	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Regulation 25 .......	Omit from paragraph (a) “ fourteen ”, substitute “ 14 ”.
	Omit from paragraph (b) “ fifteen ”, substitute “ 15 ”.
Sub-regulation 28 (1) ..	Omit “ three ”, substitute “ 3 ”.
Sub-regulation 28 (2) ..	Omit “ three ” (wherever occurring), substitute “ 3 ”
	Omit “ of this regulation ”.
	Omit “ two ”, substitute “ 2 ”.
Sub-regulation 28 (3) ..	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”,
Sub-regulation 28 (5) ..	Omit “ three ” (wherever occurring), substitute “ 3 ”.
Sub-regulation 29 (3) ..	Omit “ seven ”, substitute “ 7 ”.
	Omit “ three ”, substitute “ 3 ”.
Sub-regulation 30 (2) ..	Omit “ twenty-four ”, substitute “ 24 ”.
Sub-regulation 30 (6) ..	Omit “ twenty-four ”, substitute “ 24 ”.
Sub-regulation 30 (9) ..	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 32 (2) ..	Omit “ twenty-four ”, substitute “ 24 ”.
Sub-regulation 32 (4) ..	Omit “ twenty-four ”, substitute “ 24 ”.
Sub-regulation 34 (1) ..	Omit “ twelve pounds ”, substitute “ 5 kilograms ”.
Regulation 35 .......	Omit “pay”, substitute “salary”.
Regulation 37 .......	Omit “ of these Regulations ” (first occurring).
Regulation 38 .......	Omit “ Military Board ”, substitute “ Chief or the General Staff ”.
Regulation 39 .......	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.

Overview

The Statutory Rules 1976 No. 36, made under the Defence Act 1903-1975, were enacted to introduce amendments to the Australian Military (Places of Detention) Regulations. These amendments were aimed at streamlining and updating the regulations to better align with the evolving structure and responsibilities of the Australian Defence Force. The enacting body was the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, as evidenced by the signature of A. R. Cutler, the Administrator, and D. J. Killen, the Minister of State for Defence. The regulations came into operation on 9 February 1976, with the policy objective of ensuring that the detention procedures within the Australian military are managed effectively and efficiently under the appropriate authority, the Chief of the General Staff.

Scope and Application

The Statutory Rules 1976 No. 36, made under the Defence Act 1903-1975, amends the Australian Military (Places of Detention) Regulations, introducing several key changes effective from 9 February 1976. These regulations primarily pertain to the Australian Army and the Australian Navy, applying to the conduct and powers of the Chief of the General Staff and other military officers, specifically those of the rank of Colonel or above. The amendments alter the authority over various military functions and delegations, replacing references to the Military Board with the Chief of the General Staff. Additionally, these Regulations ensure that pre-existing orders and approvals made by the Military Board remain valid and are transferred to the authority of the Chief of the General Staff. The scope of these Regulations is confined to the Commonwealth, and they extend to the continued effect of previous orders and approvals made under the Australian Military (Places of Detention) Regulations. No exclusions, exemptions, or thresholds are explicitly stated in these Regulations, but they do allow for the revocation of any delegations made by the Chief of the General Staff.

Key Provisions

These Regulations, made under the Defence Act 1903-1975, come into operation on 9 February 1976. The key amendments are detailed in the Australian Military (Places of Detention) Regulations. Firstly, regulation 2a allows the Chief of the General Staff to delegate certain powers to an officer of the rank of Colonel or higher, although such delegations can be revoked at any time. Secondly, any orders, approvals, declarations, directions, or instructions made by the Military Board under specific sub-regulations or regulations prior to the commencement of these Regulations will continue in force as if issued by the Chief of the General Staff. These Regulations impose several obligations on the parties they govern. The Chief of the General Staff can now delegate powers to Colonel-ranked officers, provided these officers meet the necessary criteria. Additionally, any pre-existing orders or approvals issued by the Military Board remain valid and continue to be enforceable as if issued by the Chief of the General Staff. The Regulations also mandate specific textual amendments across various provisions, including the substitution of certain terms and numerical values. Failure to comply with these Regulations could result in significant consequences. While specific offences and penalties are not detailed within these Regulations, any breach of Defence Act provisions or other applicable laws could lead to civil or criminal liability. Such breaches might attract penalties ranging from fines to imprisonment, depending on the severity of the offence and the specific provisions violated. It is essential for all parties governed by these Regulations to adhere strictly to their terms to avoid any potential legal repercussions.

Area of Law: Administrative Law; Military Law
Instrument: Regulation
Concepts: Delegation; Commencement Provisions; Amendments

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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