Australian Military Regulations 1916 (Amendment)

Overview

Statutory Rules 1920 No. 159, made under the Defence Act 1903-1918, introduced amendments to the Australian Military Regulations 1916 to address several issues within the military hierarchy and administrative processes. Enacted by the Federal Executive Council and under the authority of the Minister of State for Defence, these regulations aimed to streamline the appointment and duties of military officers and to update the administrative requirements for officers on various lists. The policy objective was to enhance the efficiency and structure of the military forces by clarifying the roles and responsibilities of officers, particularly those in commissioned ranks and their temporary appointments.

Scope and Application

These Regulations, made under the Defence Act 1903-1918, amend the Australian Military Regulations 1916 to facilitate the temporary appointment of Warrant and Non-Commissioned Officers of the Permanent Military Forces to commissioned rank specifically for the role of Quartermaster. This amendment applies to those officers who are not graduates of the Royal Military College and allows for the temporary nature of these appointments, which can be terminated at any time. Notably, if a member continues to serve in their original rank post-termination, their service in commissioned rank will be considered as warrant or non-commissioned rank for all entitlement purposes. Additionally, certain members granted honorary ranks of Captain or Major due to their war service are exempted from specific regulations. The Regulations also mandate that officers on the Unattached, Reserve, or Retired List must report their current address to the Commandant of their district each year in January or February, with any changes in address to be reported promptly. Failure to comply with this requirement may result in the officer’s removal from the List. Furthermore, the Regulations adjust the fee structure for document copying to reflect the actual cost rather than a fixed rate.

Key Provisions

The Regulations under the Defence Act 1903-1918, particularly as amended by Statutory Rules 1920 No. 159, introduce several key changes to the Australian Military Regulations 1916. Firstly, Division 6 has been renamed to "Appointment to commissioned rank for the position of Quartermaster of Warrant and Non-Commissioned Officers of the Permanent Forces who are not graduates of the Royal Military College" (regulation 59). Regulation 59 allows Warrant and Non-commissioned Officers of the Permanent Military Forces to be temporarily appointed to commissioned rank for the position of Quartermaster (section 59(1)). It also states that if such an appointment is terminated, any continued service in the Permanent Military Forces as a Warrant or Non-Commissioned Officer will be counted as service in commissioned rank for privileges (section 59(2)). Furthermore, regulation 59 exempts those granted honorary ranks of Captain or Major due to war service from regulation 97 (section 59(3)). Additionally, these appointed officers may be required to perform additional duties as ordered by the Military Board (section 59(4)). The Regulations impose specific obligations on the parties they govern. For example, Warrant and Non-commissioned Officers who are temporarily appointed to commissioned rank must adhere to the additional duties as directed by the Military Board (section 59(4)). Officers of the Unattached, Reserve, or Retired List are required to report themselves in writing to the Commandant of the District in which they reside during the months of January or February each year, notifying their address and any changes thereof (regulation 159). Failure to comply with these reporting requirements can result in the officer's name being removed from the List (regulation 159). The Regulations also establish consequences for non-compliance. Under regulation 159, any Officer of the Unattached, Reserve, or Retired List who fails to report themselves in writing as required will have their name removed from the List. This removal is a significant consequence, as it impacts the officer's status and eligibility for certain benefits or privileges. Additionally, regulation 660 now requires payment of the actual cost of copying, replacing the previous system of charging a prescribed rate (regulation 660). While the Regulations do not explicitly detail penalties for breach of these provisions, the removal of an officer's name from the List and the requirement to pay actual copying costs suggest potential civil or administrative consequences for non-compliance.