EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO 78
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
Section 33 of the Defence Act 1903 (“the Act”) provides that the Army shall be organised as prescribed or, where there is no provision or insufficient provision made by the Act or the regulations, as determined by the Chief of the General Staff.
Regulations 22, 23, 24 and 25 of the Australian Military Regulations (“the Regulations”) establish, for the purposes of section 33 of the Act, the following career Divisions for officers of the Army:
a. the Specialist Service Officer Division,
b. the Prescribed Service Officer Division, and
c. the General Service Officer Division.
Regulation 76 of the Regulations provides that the Governor-General may transfer or second an officer from one part of the Army to another but did not enable an officer to be transferred or seconded from one career Division to another.
This Statutory Rule amends the Regulations to enable an officer to be transferred or seconded from one career Division to another.
Regulation 1 of the Statutory Rule amends regulation 23 to include in the Specialist Service Officer Division any officer transferred to that Division from another Division.
Regulation 2 of the Statutory Rule amends regulation 24 to include in the Prescribed Service Officer Division any officer transferred to that Division from another career Division.
A corresponding amendment is not required in relation to the General Service Officer Division which is defined in regulation 25 to consist of officers who are not included in the Specialist Service or Prescribed Service Officer Divisions.
Regulation 3 of the Statutory Rule amends sub-regulation 76(1) to enable the Governor-General to transfer or second an officer from one career Division to another. Since a transfer may involve a variation in an officer’s retiring age, a further amendment includes a new sub-regulation 76(4) which provides that an officer may not be transferred from one career Division to another without his written consent.
The amendments have effect from the date of gazettal of the Statutory Rule.