STATUTORY RULES.
1952. No. 69.
REGULATIONS UNDER THE DEFENCE ACT 1903-1951.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1951.
Dated this thirteenth day of August, 1952.
W. J. McKELL
Governor-General
By His Excellency’s Command,
Minister of State for the Army.
AMENDMENTS OF THE AUSTRALIAN MILITARY REGULATIONS.†
1. Regulation 72 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—
Rank on first appointment.
“72. Except where otherwise provided by these Regulations, first appointment to commissioned rank in the Military Forces shall be to the rank of lieutenant or such other rank as the Military Board recommends in relation to a person or class of persons.”.
Ages for retirement.
2. Regulation 124 of the Australian Military Regulations is amended by inserting in the table in sub-regulation (1.), after the word and figures—
“Lieutenant……………………………………………………………. | 50 | 55 | 47”, |
the words and figures— | | | |
“Second lieutenant……………………………………………………. | 50 | 55 | 47”. |
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations see footnote † to Statutory Rules 1952, No. 8.
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
2008.—Price 3D. 9/5.6.1952.
Overview
The Statutory Rules of 1952, No. 69, titled "Regulations under the Defence Act 1903-1951," were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were made to address the need for amendments to the Australian Military Regulations concerning the rank on first appointment and the ages for retirement of military personnel. The policy objective is to ensure that the military ranks are assigned appropriately and that there is a structured retirement process for personnel, thereby maintaining order and efficiency within the Australian Military Forces. These regulations aim to streamline the process of appointing officers to their first commissioned ranks and to standardise the retirement ages across various ranks to ensure fairness and consistency.
Scope and Application
The Regulations under the Defence Act 1903-1951, specifically amending the Australian Military Regulations, apply to members of the Military Forces within the Commonwealth of Australia. These regulations dictate the rank on first appointment to commissioned roles, stipulating that the rank will be lieutenant or another rank recommended by the Military Board, unless otherwise specified by the Regulations themselves. Additionally, the Regulations adjust the ages for retirement, setting forth a uniform age range for second lieutenants to retire, aligning it with the existing criteria for lieutenants. The geographic and jurisdictional reach of these regulations is inherently tied to the Commonwealth of Australia, affecting all military personnel who fall under the purview of the Defence Act. While these regulations amend and update certain aspects of military service, they do not explicitly state any exclusions, exemptions, or thresholds. Any further extension or restriction of their application would likely be achieved through subsequent subordinate instruments or amendments to the Defence Act itself.
Key Provisions
The statutory rules, dated 13 August 1952, introduce amendments to the Australian Military Regulations under the Defence Act 1903-1951. The key amendment (Regulation 72) pertains to the rank on first appointment to commissioned positions in the Military Forces. According to the new regulation, individuals are to be appointed to the rank of lieutenant or another rank recommended by the Military Board, unless otherwise specified (s.1). This change aims to provide more flexibility in appointing officers based on their qualifications and the needs of the military. Another significant amendment (Regulation 124) modifies the retirement ages for various ranks. Specifically, it includes second lieutenants in the retirement age brackets, aligning them with other ranks such as lieutenants (s.2). This amendment ensures consistency in the retirement policies across different commissioned ranks.
The regulations impose clear obligations on the military hierarchy, particularly the Military Board, to recommend appropriate ranks for first appointments and ensure that retirement ages are uniformly applied across all commissioned ranks. The Military Board must review and recommend ranks for appointments based on individual qualifications and the strategic needs of the military. Additionally, the board is responsible for enforcing the new retirement age guidelines, ensuring that all officers, including second lieutenants, adhere to the specified age limits. These obligations aim to maintain the efficiency and structure of the military by ensuring that appointments and retirements are handled in a fair and standardised manner.
Violations of the regulations may result in various legal consequences. While the specific offences and penalties are not detailed in the text, breaches of military regulations can typically lead to disciplinary actions within the military, including demotion, fines, or other administrative penalties. In severe cases, violations may also lead to criminal charges if they contravene broader military or civilian laws. The exact penalties would depend on the nature and severity of the breach, but they could range from minor administrative sanctions to more serious criminal charges with corresponding penalties. The regulations underscore the importance of compliance to maintain the integrity and effectiveness of the military forces.