Australian Military Regulations (Amendment)

Overview

The Statutory Rules 1954 No. 117, enacted under the Defence Act 1903-1953, addresses the need to update the appointment process and roles of Honorary Colonels within the Australian military structure. The regulation was made by the Governor-General in accordance with the advice of the Federal Executive Council, and it specifically targets the Australian Military Regulations. The policy objective of this regulation is to streamline and clarify the process for appointing Honorary Colonels and Colonel Commandants across various military corps, ensuring that appointments are made in a manner that reflects the current needs and structure of the Australian Defence Force. This regulation repeals previous regulations and introduces new provisions to define the eligibility criteria, the number of appointments permitted per corps, the duration of appointments, and the exceptions that apply during times of war.

Scope and Application

This statutory rule, made under the Defence Act 1903-1953, pertains to the appointment of Honorary Colonels within specific corps of the Australian military. The regulation applies to individuals or entities within the scope of the Australian Defence Force and its various corps, including the Australian Intelligence Corps, the Royal Australian Army Chaplains' Department, and others listed. The appointments can be made to the Governor of a state, a retired officer with a certain rank, an active officer of lieutenant-colonel or higher, or in exceptional cases, to any other person deemed suitable. The appointments are limited in number per corps, with some having more flexibility than others. The appointment lasts for five years and can be renewed, with exceptions for individuals who are already holding the appointment during wartime, as well as for Governors of states who may hold the position indefinitely. The regulation does not apply to those who have reached the age of sixty-five years, unless they are already holding the appointment at the onset of a time of war. The regulation's scope and application are further defined and possibly extended or restricted through subordinate instruments.

Key Provisions

The main operative sections of the legislation (Regulations 98, 99, 100 and 101) amend the Australian Military Regulations to provide for the appointment of Honorary Colonels and Colonel Commandants. Regulation 98(1) outlines the eligibility criteria for these appointments, which include the Governor of a State, individuals on the retired list with an honorary rank of lieutenant-colonel or higher, officers with a rank of lieutenant-colonel or higher, or in exceptional circumstances, any other person. These individuals can be appointed as Honorary Colonels of specific corps or as Colonel Commandants of specific corps or regiments. Regulation 98(2) sets the maximum number of appointments for each corps, with different limits depending on the corps. Regulation 98(3) stipulates that these appointments are for a period of five years, with the possibility of reappointment for additional periods not exceeding five years, as determined by the Governor-General. Regulation 98(4) specifies that individuals who have attained the age of sixty-five years are not eligible for appointment as Honorary Colonels or Colonel Commandants. Regulation 98(5) provides that appointments made at the commencement of a time of war shall continue until the end of the war. Lastly, Regulation 98(6) excludes the age limitation and reappointment rules for Governors of States appointed as Honorary Colonels or Colonel Commandants. The Act imposes several obligations and requirements on the parties it governs. Firstly, the Governor-General must adhere to the eligibility criteria outlined in Regulation 98(1) when making appointments as Honorary Colonels or Colonel Commandants. Secondly, the Governor-General must ensure that the number of appointments does not exceed the limits specified in Regulation 98(2). Thirdly, the Governor-General must consider the age of sixty-five years as a disqualifying factor for potential appointees, in accordance with Regulation 98(4). Fourthly, the Governor-General must ensure that appointments made at the commencement of a time of war continue until the war's end, as stated in Regulation 98(5). Lastly, the Governor-General must exclude the age limitation and reappointment rules for Governors of States appointed as Honorary Colonels or Colonel Commandants, as outlined in Regulation 98(6). The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, it is possible that any breach of the regulations could be subject to legal action or disciplinary measures within the Australian Defence Force, as the appointments made under this legislation are related to the Defence Act 1903-1953. The specific consequences for breach would depend on the nature and severity of the breach, as well as the applicable laws and regulations governing the Australian Defence Force.