Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00107 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1948. No. 40.

 

REGULATION UNDER THE DEFENCE ACT 1903-1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1947.

Dated this sixteenth day of March, 1948.

W. J. McKell

Governor-General.

By His Excellency's Command,

Minister of State for the Army.

_________

Amendment of the Australian Military Regulations. †

Intoxicating liquor forbidden.

Regulation 365 of the Australian Military Regulations is amended by omitting the words “of tobacco in any form, or of any intoxicating liquor,” and inserting in their stead the words “of intoxicating liquor”.

_________________________________________________________________________________

* Notified in the Commonwealth Gazette on , 1948.

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos, 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; and 1947, Nos. 25 and 59.

__________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

346.—Price 3d. 10/19.1.1948.

Overview

The Statutory Rules 1948 No. 40, made under the Defence Act 1903-1947, were enacted by the Governor-General in Council to amend the Australian Military Regulations. Specifically, this legislation modifies Regulation 365 by removing the prohibition on tobacco and replacing it with a sole restriction on intoxicating liquor. This change was made to address the evolving requirements of military discipline and operational readiness during a period of significant global conflict, namely World War II. The policy objective underpinning this amendment likely aimed to maintain a stricter control over substances that could impair military effectiveness and discipline, while allowing for some flexibility regarding tobacco use. This legislative instrument reflects the Australian Government's efforts to adapt military regulations to the exigencies of wartime conditions.

Scope and Application

The Statutory Rules 1948, No. 40, made under the Defence Act 1903-1947, amends the Australian Military Regulations to exclude tobacco products from the list of items previously forbidden, now focusing solely on intoxicating liquor. This regulation applies to all members of the Australian Defence Force, including personnel in all military branches and any associated entities, as well as any conduct or transactions occurring within the jurisdiction of the Commonwealth of Australia. The regulation’s application is nationwide, covering all military establishments and operations across Australia. There are no stated exclusions or exemptions within the text, implying that the prohibition on intoxicating liquor applies universally to all ADF personnel without specific exceptions. The regulation is effective across all military settings, whether on active duty or in training facilities. Additionally, the application of this regulation may be extended or further specified through subordinate instruments as needed.

Key Provisions

The Statutory Rules 1948, No. 40, made under the Defence Act 1903-1947, amends the Australian Military Regulations by omitting the prohibition on the consumption of tobacco in any form and solely prohibiting the consumption of intoxicating liquor (Regulation 365). This alteration narrows the scope of what was previously banned, focusing exclusively on intoxicating liquor and excluding tobacco products. The amendment streamlines the regulation by removing redundancy and ensuring the focus remains on controlling substances that impair military discipline and operational readiness. The entities governed by these regulations, primarily members of the Australian Defence Force, are obligated to adhere to the updated provisions. They must comply with the new restriction on consuming intoxicating liquor, which is intended to maintain discipline, safety, and effectiveness in military operations. Non-compliance with this regulation could potentially undermine the operational integrity and morale of the armed forces. Breaches of these regulations could result in disciplinary actions under military law, which may include fines, demotion, or other forms of punishment as deemed appropriate by military authorities. While specific penalties are not detailed in the provided text, they are typically outlined in the broader Defence Act or other relevant military regulations. The consequences for violating these rules are significant, reflecting the importance of maintaining strict control over substances that can affect military readiness and discipline.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.