Australian Military Regulations (Amendment) 1993 No. 190
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 190
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
Defence Act 1901
Australian Military Regulations (Amendment)
The Australian Military Regulations ("the Regulations"), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Army.
The formal step by which persons other than officers enter the Army is the taking of an oath or affirmation of enlistment. Regulation 135 of the Regulations sets out the procedures for taking the oath or affirmation in the Army. This must be in accordance with the prescribed forms of oath or affirmation that are set out in the Schedule to the Regulations.
These provisions limited the persons before whom an oath or affirmation could be taken to officers of the Army, Justices of the Peace, Commissioners for Affidavits and Commissioners for Declarations.
In order to allow more effective utilisation of available resources, it was proposed that the military personnel before whom an oath or affirmation could be taken be extended to include any officer or senior warrant officer of the Defence Force.
The Statutory Rule amends regulation 135 and the Schedule of the Regulations. The amendments enable a person enlisting in the Army to take an oath or affirmation before any officer of the Defence Force, or a Warrant Officer Class 1 of the Army, or a Warrant Officer of the Navy or Air Force. The Statutory Rule. also retains the facility to use Justices of the Peace, Commissioners for Affidavits and Commissioners for Declarations for this purpose.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Australian Military Regulations (Amendment) 1993 No. 190, issued under the authority of the Minister for Defence Science and Personnel, amends the Australian Military Regulations made under the Defence Act 1903. This amendment was introduced to address a procedural limitation in the enlistment process for the Australian Army. Specifically, it sought to enhance the efficiency of the enlistment process by expanding the categories of personnel authorised to administer the oath or affirmation of enlistment. The policy objective behind this amendment is to facilitate the effective utilisation of available resources within the Defence Force by allowing a broader range of authorised personnel to administer the enlistment oath or affirmation. This includes any officer of the Defence Force, or a Warrant Officer Class 1 of the Army, or a Warrant Officer of the Navy or Air Force, in addition to the previously authorised Justices of the Peace, Commissioners for Affidavits, and Commissioners for Declarations. The amendment streamlines the process, ensuring that the enlistment procedures are more flexible and responsive to the operational needs of the Defence Force.
Scope and Application
The Australian Military Regulations (Amendment) 1993 No. 190 amends the Australian Military Regulations to broaden the categories of personnel who can administer the oath or affirmation of enlistment for individuals joining the Army. This legislation applies to any person enlisting in the Army and affects the conduct related to taking the oath or affirmation of enlistment. The amendment extends the authority to administer these oaths to officers of the Defence Force, including Warrant Officer Class 1 of the Army, and Warrant Officers of the Navy or Air Force, in addition to the existing categories of Justices of the Peace, Commissioners for Affidavits, and Commissioners for Declarations. The reach of this amendment is jurisdictional and applies across the Commonwealth of Australia, as it is an amendment to regulations made under the Defence Act 1903. There are no exclusions or exemptions specified in the text, and the changes are direct and effective from the date of gazettal without the need for subordinate instruments.
Key Provisions
The main operative sections of the Australian Military Regulations (Amendment) 1993 No. 190 (the "Amendment") pertain to regulation 135 and its Schedule, which detail the procedures and authorised persons for taking the oath or affirmation of enlistment in the Army (reg 135). These provisions now allow for enlistment oaths or affirmations to be taken before any officer of the Defence Force, a Warrant Officer Class 1 of the Army, or a Warrant Officer of the Navy or Air Force, in addition to the previously authorised Justices of the Peace, Commissioners for Affidavits and Commissioners for Declarations (reg 135(1)).
The Amendment imposes certain obligations and requirements on those administering the oath or affirmation of enlistment. Specifically, it mandates that the procedures outlined in regulation 135 and the prescribed forms set out in the Schedule must be adhered to when administering the oath or affirmation (reg 135(1)). Furthermore, only the authorised persons specified in the Amendment can administer the oath or affirmation (reg 135(1)).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Amendment for breach of the new provisions. However, failure to comply with the requirements for administering the oath or affirmation of enlistment could potentially lead to legal challenges regarding the validity of the enlistment. Such challenges may result in the enlistment being declared void or ineffective, thereby impacting the individual's status within the Defence Force and their eligibility for benefits and entitlements.