Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00121 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1951. No. .

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REGULATION UNDER THE DEFENCE ACT 1903-1951.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1951.

Dated this sixteenth day of November, 1951.

J. NORTHCOTT

Administrator.

By His Excellencys Command,

Minister of State for the Army.

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Amendment of the Australian Military Regulations.†

Regulation 237 of the Australian Military Regulations is amended by inserting after sub-regulation (2.), the following sub-regulation:—

Canteen duty.

(2a.) Where a soldier is detailed for duty in a canteen, the officer for the time being responsible for the administration of the camp or military station in which the canteen is situated shall, for the purposes of the provisions mentioned in sub-regulation (1.) of this regulation, be deemed to be the soldiers commanding officer..

 

* Notified in the Commonwealth Gazette on , 1951.

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, 44 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, 280, 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; and 1951, No. 20.

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

2389.—Price 3d. 9/3.9.1951.

Overview

Statutory Rules 1951 No. 121, made under the Defence Act 1903-1951, amends the Australian Military Regulations to address a specific issue concerning the command structure when soldiers are detailed for duty in a canteen. The Defence Act 1903-1951 provides the legal framework for the governance of Australia's Defence Force and its operations, and the amendment seeks to clarify command responsibilities in a military setting. The regulation was enacted by the Administrator of the Government of the Commonwealth of Australia, J. Northcott, acting with the advice of the Federal Executive Council. The policy objective of the amendment is to ensure clear lines of authority and accountability for soldiers performing canteen duties.

Scope and Application

The Statutory Rules 1951 No. 121, made under the Defence Act 1903-1951, amends the Australian Military Regulations to introduce a specific provision regarding soldiers detailed for canteen duty. This regulation applies to soldiers who are assigned to work in a canteen within a military camp or station. Under this amendment, the officer responsible for the administration of the camp or station where the canteen is located is deemed to be the soldier's commanding officer for the purposes of any provisions referenced in sub-regulation (1.) of Regulation 237. This amendment aims to clarify the command structure and responsibilities when soldiers are assigned to canteen duties, ensuring that there is a clear chain of command and oversight in these specific roles. The amendment is part of a broader set of regulations that govern various aspects of military administration and conduct, and it applies nationally across all military camps and stations within Australia. The regulation does not specify any exclusions, exemptions, or thresholds, nor does it extend or restrict its application through subordinate instruments.

Key Provisions

The primary operative sections of this statutory rule (F1997B00121) concern the amendment of Regulation 237 of the Australian Military Regulations, specifically by inserting a new sub-regulation (2a). This new sub-regulation (2a) specifies that when a soldier is assigned to duty in a canteen, the officer responsible for the administration of the camp or military station where the canteen is located shall be deemed to be the soldier's commanding officer for the purposes of certain provisions mentioned in sub-regulation (1) of this regulation. This essentially clarifies the command structure and accountability when soldiers are working in canteens within military establishments. The obligations imposed by this amendment require the officer responsible for the administration of the camp or military station to take on the role of the soldier's commanding officer when that soldier is detailed for duty in a canteen. This means that any directives, orders, or disciplinary actions relevant to the soldier's conduct while on canteen duty will fall under the purview of this officer, ensuring a clear chain of command and accountability. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this statutory rule regarding the breach of the amended regulation. However, any failure to comply with the specified chain of command and accountability could potentially lead to disciplinary actions under the Defence Act 1903-1951 or other relevant military regulations, as the amended regulation is intended to clarify and reinforce existing command structures and responsibilities within the military framework.

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