Australian Military Regulations (Amendment)

Overview

The Regulations under the Defence Act 1903-1934, enacted in 1939 by the Governor-General, address the need to clarify and update provisions governing the Australian Military Regulations, particularly concerning the attachment of Citizen Forces to Permanent Forces for training and the regulation of military work and passes. These regulations aim to streamline and formalise the processes involved in military training and security within designated military areas. The policy objective behind these amendments is to ensure that the military operations are efficiently managed while maintaining the necessary security protocols. By refining the definitions of military work and closed places, and by updating the procedures for issuing passes, the regulations seek to enhance the coordination and discipline within the military framework.

Scope and Application

The Regulations under the Defence Act 1903-1934, specifically amending the Australian Military Regulations, primarily apply to individuals who have enlisted in the Active Citizen Forces and are seeking attachment to the Permanent Forces for training purposes. These Regulations define the conditions under which such individuals may be attached to the Permanent Forces, the duration of attachment, and the duties they may be required to perform during this period. The Regulations also pertain to the definition of "military work" and "closed place" for the purposes of maintaining security and discipline within military premises. Furthermore, the Regulations detail the issuance of certificates of identity and passes for individuals requiring access to military works, distinguishing between ordinary and special passes and outlining who is authorised to issue them. These Regulations extend their application across the Commonwealth, affecting all military personnel and establishments within Australia. No specific exclusions or exemptions are mentioned in the text, though the authority to issue passes and certificates of identity is subject to the discretion of the Military Board and formation commanders, potentially extending or restricting application through subordinate instruments.

Key Provisions

The main operative sections of these Regulations pertain to the attachment of Citizen Forces members to Permanent Forces for training purposes, the definition of military work and closed places, and the issuance of passes and certificates of identity for accessing military works. Regulation 483a (2) allows a member of the Citizen Forces who volunteers for training with the Permanent Forces to be attached to the Permanent Forces for a period approved by the Military Board, during which time they may be required to perform any duty that a member of the Permanent Forces could be required to perform. Regulation 806 defines "military work" as a military fort or any work, place, or thing appointed by the Military Board as a military work, including all adjoining government property. Regulation 810(3) clarifies that a certificate of identity permits entry to the military work for which it is issued, but does not permit entry to any closed place unless a special pass is also held. Regulation 811 outlines the authority to issue passes, with special passes issued by a member of the Military Board or the commander of the troops occupying or protecting the military work, and ordinary passes issued by the same authorities or the commanding officer of the troops to the extent directed by the formation commander. Regulation 811a allows a commander to approve the issuance of certificates of identity in lieu of ordinary passes if they deem it not expedient to issue ordinary passes to all persons required to enter the work. The Regulations impose several obligations and requirements on parties governed by them. Members of the Citizen Forces who volunteer for training with the Permanent Forces must adhere to the terms of their attachment, including the period of attachment approved by the Military Board and the performance of any duties required of a member of the Permanent Forces. The Military Board and commanders of troops occupying or protecting military works are responsible for appointing military works and closed places, issuing special and ordinary passes, and determining whether to issue certificates of identity instead of ordinary passes. Persons holding certificates of identity must comply with the conditions of their certificate, including the restriction on entry to closed places without a special pass. The Regulations establish offences, penalties, and consequences for breach. While the Regulations themselves do not explicitly state penalties for breach, contravention of the Defence Act 1903-1934 or any regulations made under it may result in criminal or civil liability, depending on the nature and severity of the breach. The Defence Act provides for penalties such as fines and imprisonment for offences related to military works and closed places, as well as other offences under the Act. The specific penalties for breach of the Regulations would depend on the relevant provisions of the Defence Act and any applicable case law.