Statutory Rules 1948, No. 59.(e)
Constitution of Military Board.
1. Regulation 21 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “ The Business Member ” and inserting in their stead the words “ The Citizen Forces Member ”.e
Responsibilities of members.
2. Regulation 30 of the Australian Military Regulations is amended—
(a) by inserting in sub-regulation (1.), after paragraph (d), the following paragraph :—
“ (da) The Citizen Forces Member—shall be responsible for advising the Military Board in respect of any matter or class of matters affecting the Citizen Forces.” ; and
(b) by omitting sub-regulation (2.).
3. After regulation 189 of the Australian Military Regulations the following regulation is inserted :—
Review of discharges.
“ 189a. The Adjutant-General may review all matters concerning any discharge authorized and confirmed in pursuance of regulation 185 of these Regulations and, if it appears to the Adjutant-General that the reason for which the discharge has been effected is inappropriate to the circumstances of the case, the Adjutant-General may direct that the record of the discharge be amended by substituting for the reason recorded such other reason specified in A.M.R. 184 or A.M.R. 184a, as the case requires, as the Adjutant-General considers appropriate.”.
(e) Made under Defence Act 1903-1947 on 14th May, 1948; notified in Gazette on 17th May, 1948.
Overview
The Statutory Rules 1948, No. 59, introduced amendments to the Australian Military Regulations in 1948, responding to a need for restructuring the Military Board to better align with the evolving responsibilities of the Citizen Forces. This legislative instrument was enacted under the Defence Act 1903-1947 and notified in the Gazette on 17th May, 1948. The primary objective of these amendments was to clarify and redefine the roles and responsibilities within the Military Board, particularly focusing on the Citizen Forces Member. The amendments involved replacing the Business Member with the Citizen Forces Member in the composition of the Military Board and assigning specific advisory responsibilities to the Citizen Forces Member regarding matters affecting the Citizen Forces. Additionally, the regulations provided the Adjutant-General with the authority to review and amend the reasons for discharges within the military framework, ensuring that the discharges are appropriately justified and aligned with the circumstances.
Scope and Application
The statutory instrument F1997B00108, made under the Defence Act 1903-1947, pertains to amendments in the Australian Military Regulations concerning the constitution and responsibilities of the Military Board, specifically regarding the Citizen Forces Member. This legislation applies to members of the Military Board and other relevant personnel within the Australian Defence Force, encompassing both military and civilian roles as they pertain to the Citizen Forces. The geographic reach of this Act is national, as it relates to the Australian Military Regulations which govern the entire Commonwealth of Australia. The instrument amends Regulation 21 to replace the Business Member with the Citizen Forces Member and adds new responsibilities for the Citizen Forces Member under Regulation 30, focusing on advice to the Military Board on matters affecting the Citizen Forces. Additionally, it introduces a new regulation, 189a, granting the Adjutant-General the authority to review and amend the reasons for any discharges within the Citizen Forces. There are no stated exclusions or exemptions in this instrument, and its application is not restricted by any thresholds. The instrument also allows for further extension or restriction of its application through subordinate instruments as may be necessary.
Key Provisions
The statutory instrument F1997B00108 amends the Australian Military Regulations by modifying the constitution and responsibilities of the Military Board, specifically focusing on the role of the Citizen Forces Member. Regulation 21 is amended to replace the term "The Business Member" with "The Citizen Forces Member" (paragraph 1). Furthermore, Regulation 30 is amended to delineate the responsibilities of the Citizen Forces Member, who is now tasked with advising the Military Board on matters affecting the Citizen Forces (paragraph 2). Additionally, a new regulation, 189a, is introduced, which grants the Adjutant-General the authority to review discharges and amend the reasons for such discharges if deemed inappropriate (paragraph 3).
This legislative instrument imposes specific duties on the Citizen Forces Member, requiring them to provide advice to the Military Board on matters concerning the Citizen Forces (Regulation 30(1)(da)). It also places the responsibility on the Adjutant-General to review discharges and ensure that the recorded reasons are appropriate, allowing for amendments as necessary (Regulation 189a). These provisions ensure that the Citizen Forces Member and the Adjutant-General have clear roles and responsibilities within the military regulatory framework.
The statutory instrument also delineates potential consequences for non-compliance with these provisions. Although specific penalties are not stated within the text, any failure to adhere to the outlined responsibilities and review processes could potentially lead to administrative or disciplinary actions under the Defence Act 1903-1947. The lack of explicit penalties in the text suggests that the consequences would be determined by the overarching Defence Act or subsequent regulations.