Australian Military Regulations 1916 (Amendment)

Overview

The Australian Military Regulations 1916 Amendment Statutory Rules 1920 No. 208, made under the Defence Act 1903-1918, were enacted by the Governor-General, acting on advice from the Federal Executive Council, to address specific operational and ceremonial protocols within the Australian military. The regulations were designed to provide greater flexibility and discretion in the application of certain military protocols, such as the use of artillery salutes, by allowing the Governor-General to direct exceptions to these rules as necessary. This amendment sought to ensure that the military could adapt to changing circumstances and requirements without the need for further legislative changes. The policy objective was to streamline the decision-making process regarding military honours and salutes, ensuring that they could be appropriately managed in a dynamic operational environment.

Scope and Application

The Australian Military Regulations 1916, as amended by these Statutory Rules, apply to members of the Australian Defence Force, including the Australian Army, Royal Australian Navy, and Royal Australian Air Force, as well as any civilian personnel employed by or on behalf of the Defence Force. These regulations govern various aspects of conduct, including the use of force and salutes, and are designed to maintain discipline and order within the Defence Force. The regulations have a national jurisdictional reach, as they are issued under the Defence Act 1903-1918, which is a Commonwealth Act. The specific amendments made by these Statutory Rules pertain to the use of force and the circumstances under which artillery salutes may be given. These changes provide the Governor-General with the authority to direct certain actions, offering flexibility in specific situations. The regulations do not explicitly state any exclusions or exemptions, implying that they apply broadly within their scope. Any further application or restriction of these regulations may be achieved through subordinate instruments, as permitted by the Defence Act 1903-1918.

Key Provisions

The main operative sections of these regulations concern the amendments to Regulation 226 and Regulation 228 of the Australian Military Regulations 1916. Regulation 226 now includes a provision that a sentry will not fire unless the Governor-General otherwise directs (section 1). Regulation 228 is amended to state that a person will not be saluted unless the Governor-General otherwise directs (section 2(i)). Furthermore, the phrase "They will not receive artillery salutes on any other occasions" is inserted as a new sub-regulation (section 2(iv)). These changes are aimed at providing the Governor-General with additional control over the circumstances under which sentries may fire or salutes may be given. These regulations impose specific obligations and requirements on military personnel regarding the use of firearms and the giving of salutes. Military personnel are now required to adhere to the directive of the Governor-General before taking certain actions, such as firing a weapon or giving a salute (section 1 and section 2(i)). The regulations also specify that artillery salutes will not be given on any other occasions unless the Governor-General has otherwise directed (section 2(iv)). These provisions are intended to ensure that military protocols are followed in a manner that is subject to the Governor-General's discretion. The regulations do not explicitly state any offences, penalties, or consequences for breaches of the provisions. However, it can be inferred that any failure to comply with the directives of the Governor-General concerning the use of firearms or the giving of salutes could result in disciplinary action within the military. The specific consequences would depend on the severity of the breach and the internal disciplinary procedures of the Australian Defence Force. No maximum penalties are specified in the text of the regulations.