Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00158 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1965 No. 119

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1965.

Dated this thirteenth day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

A. J. FORBES

Minister of State for the Army.

—————

Amendments of the Australian Military Regulations†

Sub-division of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by omitting the words—

“Division 1.—Australian Staff Corps 536-542”

and inserting in their stead the words—

“Division 1.—Australian Staff Corps 536-541”.

Definitions.

2. Regulation 3 of the Australian Military Regulations is amended by inserting in sub-regulation (1.) after the definition of “Soldier under sentence of detention” the following definition:—

“Special List” means a Special List specified in regulation 122 of these Regulations.”.

Transfer and secondment of officers.

3. Regulation 76 of the Australian Military Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Except in time of war, an officer included on the Special List for a Corps is not eligible to be transferred to another Corps or on to a list other than the Retired List.”.

Promotion of officers.

4. Regulation 79 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(9.) Except as provided in regulation 82 of these Regulations, an officer—

(a) included on the Special List for a Corps; or

(b) whose age for retirement has been extended under section 27 of the Act,

is not eligible to be promoted.”.

 

* Notified in the Commonwealth Gazette on 26 August     , 1965.

† Statutory Rules 1927, No 149, as amended to date. For subsequent amendments of the Australian Military Regulations, see footnote † to Statutory Rules 1965, No 61, and see also Statutory Rules 1965, Nos. 61, 72 and

8288/65.—Price 9d. (8c)      9/23.7.1965


Repeal.

5. Regulation 88a of the Australian Military Regulations is repealed.

Appointment of Honorary Colonels.

6. Regulation 98 of the Australian Military Regulations is amended by inserting in paragraph (a) of sub-regulation (2.), after the words “Provost Corps”, the words “, the Australian Army Psychology Corps”.

7. After regulation 121a of the Australian Military Regulations the following regulation is inserted:—

“122.—(1.) The Military Board shall keep—

(a) a list of officers of the Australian Staff Corps, to be called the Special List for the Australian Staff Corps;

(b) a list of officers of the Royal Australian Army Ordnance Corps, to be called the Special List for the Royal Australian Army Ordnance Corps; and

(c) a list of officers of the Royal Corps of Australian Electrical and Mechanical Engineers, to be called the Special List for the Royal Corps of Australian Electrical and Mechanical Engineers.

“(2.) Subject to the next succeeding sub-regulation, the Military Board may include an officer of a Corps specified in the last preceding sub-regulation whose rank is not above the rank of Lieutenant-colonel on the Special List for that Corps.

“(3.) An officer shall not be included on the Special List for a Corps unless he has consented, in writing, to being so included.

“(4.) The Staff Corps Special List kept immediately before the commencement of these Regulations under regulation 542 of these Regulations shall be incorporated with, and shall be deemed to form part of, the Special List for the Australian Staff Corps kept under this regulation.”.

Ages for retirement of officers.

8. Regulation 124 of the Australian Military Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the succeeding sub-regulations of this regulation, the age for the compulsory retirement of an officer included on a Special List is fifty-three years.

“(3.) Where an officer—

(a) attains, during a time of war, a time of defence emergency or a period of 90 days immediately following a time of war or a time of defence emergency, the age that, but for this sub-regulation, would be the age for his compulsory retirement; or

(b) commences, after having attained the age that would, but for this sub-regulation, be the age for his compulsory retirement, continuous full time military service during a time of war or a time of defence emergency,

the age for the compulsory retirement of the officer is the age that he will attain on the day that is 90 days after the end of that time or, if more than one of those times successively occur, after the end of the last occurring of those times.”.


re-engagement

9. Regulation 140 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “member of the Permanent Military Forces” and inserting in their stead the word “soldier”; and

(b) by omitting from sub-regulation (2.) the word “member” and inserting in its stead the word “soldier”.

Authorities to discharge soldiers.

10. Regulation 175 of the Australian Military Regulations is amended by omitting paragraphs (d) and (e) of sub-regulation (2.) and inserting in their stead the following paragraphs:—

“(d) Director of Army Records;

(e) Commander of a Command; and

(f) Commandant of the Royal Military College.”.

Staff Corps Special List.

11. Regulation 542 of the Australian Military Regulations is repealed.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1965 No. 119, Regulations under the Defence Act 1903-1965, were enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were introduced to address various administrative and operational requirements concerning the Australian Defence Force. The objective of these amendments is to refine and update the Australian Military Regulations, particularly in relation to the management and deployment of officers within specific corps, the establishment of special lists for certain officers, and the adjustment of retirement ages under certain conditions. The enacting body for these regulations is the Federal Executive Council, and they were designed to ensure the efficient administration of military personnel within the Australian Defence Force.

Scope and Application

The Regulations under the Defence Act 1903-1965, as made on August 13, 1965, apply to the officers of the Australian Staff Corps, the Royal Australian Army Ordnance Corps, and the Royal Corps of Australian Electrical and Mechanical Engineers, specifically those included on the Special List. These regulations pertain to the transfer, promotion, and retirement of officers, as well as the appointment of Honorary Colonels, within the Commonwealth of Australia. The regulations modify existing provisions in the Australian Military Regulations, including the definition of "Special List" and the age for compulsory retirement of officers on such lists. The changes do not apply in times of war, defence emergency, or the 90 days following such periods. These regulations are applicable nationwide and extend to all officers within the specified Corps who are included on the Special List, with their consent. Any exclusions or exemptions from these regulations are not explicitly stated within the text. The application of these regulations may be further refined or extended through subordinate instruments, which are not detailed in this legislative instrument.

Key Provisions

The regulations made under the Defence Act 1903-1965 provide several key amendments to the Australian Military Regulations. Regulation 2 modifies the sub-division of Regulations by removing the reference to Australian Staff Corps 536-542 and replacing it with 536-541. Regulation 3 introduces a new definition of "Special List" in regulation 3, specifying that it refers to a Special List mentioned in regulation 122 of these Regulations. Regulation 76 prohibits the transfer of officers on the Special List to other Corps or lists, except in wartime. Regulation 79 restricts the promotion eligibility of officers on the Special List or whose retirement age has been extended under section 27 of the Act. Regulation 88a is repealed, and regulation 98 is amended to include the Australian Army Psychology Corps in the appointment of Honorary Colonels. A new regulation, 122, mandates the Military Board to maintain Special Lists for certain Corps and stipulates that officers must consent in writing to be included on these lists. Regulation 124 adjusts the compulsory retirement age for officers on a Special List to fifty-three years, with extensions during times of war, defence emergency, or for continuous full-time military service during such periods. Regulation 140 expands the scope of re-engagement to include all soldiers, not just members of the Permanent Military Forces. Regulation 175 modifies the authorities empowered to discharge soldiers, adding the Director of Army Records, Commander of a Command, and Commandant of the Royal Military College. Lastly, regulation 542, concerning the Staff Corps Special List, is repealed. The regulations impose several obligations on the parties involved. The Military Board is required to maintain and update Special Lists for specific Corps, ensuring that only officers who have consented in writing are included. Officers on these lists must adhere to the restrictions on transfers and promotions as outlined in the regulations. Additionally, the Board must integrate the previous Staff Corps Special List into the new Special Lists for the Australian Staff Corps. Officers on the Special List must consent to their inclusion in writing, and their eligibility for promotion is contingent on their status on the list or their extended retirement age. Violations of the provisions in these regulations can lead to various consequences. While the specific offences and penalties are not detailed within the text of the regulations, breaches of military regulations typically result in disciplinary action, which can include fines, imprisonment, or other penalties as deemed appropriate by the military authorities. The severity of the penalties would depend on the nature and severity of the breach, as well as the applicable military law and regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.