Statutory Rules 1959, No. 10.(c)
Ages for retirement except in time of war.
1. Regulation 124 of the Australian Military Regulations is amended by omitting from sub-regulation (4.) the words “, the Senior Jewish Chaplain or a senior chaplain in a Military District ” and inserting in their stead the words “ or the Senior Jewish Chaplain ”.
Reversion from acting or lance appointment and reduction from temporary rank.
2. Regulation 164 of the Australian Military Regulations is amended—
(a) by inserting after sub-regulation (1.) the following sub-regulation :—
“ (1a) A N.C.O. holding temporary rank may, by order of his C.O., be reduced to his permanent rank or to any intermediate temporary rank subject, in the case of a N.C.O. of the Citizen Forces, to D.A. 112.” ; and
(b) by inserting in sub-regulation (2.), after the word “ regulation ”, the words “ or reduced under sub-regulation (1a) of this regulation ”.
3. Regulation 256 of the Australian Military Regulations is amended—
(a) by omitting paragraph (d) of sub-regulation (2.) and inserting in its stead the following paragraph :—
Reversion or reduction. Not on war service, C.F.
“ (d) For an offence committed, when not on war service, by a W.O. or N.C.O. of the Citizen Forces, but subject to sub-regulations (3.) and (4.) of this regulation :—
(i) Reversion or reduction to permanent rank ; or
(ii) Reduction in permanent rank, or to the ranks,
or, where applicable, both.”;
(c) Made under the Defence Act 1903-1949 on 1st March, 1950 ; notified in the Gazette on 9th March, 1950.
Reversion or reduction. On war service.
(b) by omitting from paragraph (da) of that sub-regulation the words “ whether on war service or not ” and inserting in their stead the words “ on war service ”; and
(c) by inserting in sub-paragraph (i) of that paragraph, after the word “ Reversion ”, the words “ or reduction ”.
Flag stations.
4. Regulation 708 of the Australian Military Regulations is amended by omitting from the table in sub-regulation (1.) the words “ George’s Heights ” and inserting in their stead the words “ South Head ”.
Saluting stations.
5. Regulation 709 of the Australian Military Regulations is amended by omitting from the table in sub-regulation (1.) the words “ George’s Heights ” and “ Larrakeyah Barracks ” and inserting in their stead the words “ South Head ” and “ Emery Point ”, respectively.
Overview
The Statutory Rules 1959, No. 10, made under the Defence Act 1903-1949, was enacted to address various administrative and procedural issues within the Australian Military Regulations, particularly concerning ranks, reductions, and reversions. This legislative instrument includes amendments to specific regulations to ensure clarity and applicability in both wartime and non-wartime contexts. The policy objective of these amendments is to provide a more streamlined and precise framework for handling military rank changes and reversions, thereby enhancing the operational efficiency of the military hierarchy. These changes were notified in the Gazette on 9th March, 1950, following their enactment on 1st March, 1950.
Scope and Application
This legislative instrument amends certain regulations under the Australian Military Regulations as part of broader adjustments to military service provisions. The amendments primarily affect the reversion or reduction of ranks for non-commissioned officers (NCOs) within the Citizen Forces, both when on and not on war service. The changes to the regulations aim to refine the processes and conditions under which NCOs may revert to their permanent ranks or be reduced to intermediate temporary ranks, with specific oversight by the Chief of Defence. The scope of the amendments is limited to military personnel, particularly focusing on the conditions of service and rank adjustments in the context of both wartime and peacetime scenarios. The jurisdictional reach of these regulations is inherently military, applying to members of the Australian Defence Force and their commanding officers. Notably, the regulations do not specify any exclusions or exemptions, implying that the outlined procedures apply universally to the affected personnel within the scope of the Citizen Forces. The legislative instrument extends its application through subordinate instruments, ensuring that the amendments are effectively integrated into the existing framework of military regulations.
Key Provisions
The statutory instrument primarily amends several sections of the Australian Military Regulations, introducing specific changes to the regulation of military ranks, retirement ages, and the designation of certain military stations. Regulation 124 has been amended to remove the reference to a “senior chaplain in a Military District” and instead focus on the “Senior Jewish Chaplain.” Regulation 164 is modified to allow a Non-Commissioned Officer (NCO) holding temporary rank to be reduced to their permanent rank or an intermediate temporary rank, with specific conditions for Citizen Forces members. Regulation 256 is amended to redefine penalties for Warrant Officers (W.O.) or NCOs of the Citizen Forces who commit offences not related to war service, and further specifies punishments for those who commit offences on war service. Additionally, Regulation 708 changes the designation of a flag station from “George’s Heights” to “South Head,” while Regulation 709 updates saluting stations from “George’s Heights” and “Larrakeyah Barracks” to “South Head” and “Emery Point,” respectively.
These amendments impose several obligations on the military personnel and administrative authorities. For instance, commanding officers must follow the new provisions when considering reversion or reduction of ranks for NCOs. The Citizen Forces members must adhere to the updated regulations regarding penalties for offences, ensuring they are aware of the potential consequences of their actions both during and outside of war service. The updated flag and saluting stations require adjustments in military protocol and procedures to reflect the new locations.
Breaches of these amended regulations may result in disciplinary actions, including rank reversion or reduction for military personnel. For example, an NCO holding temporary rank who is not reduced as per the new sub-regulation (1a) could face penalties. Similarly, any W.O. or NCO of the Citizen Forces found guilty of committing an offence not related to war service may be subject to reversion or reduction in rank as outlined in sub-regulation (2) of Regulation 256. The precise consequences would depend on the nature and severity of the offence, with potential ramifications for both personal career progression and military effectiveness.