STATUTORY RULES.
1964. No. 149.
——————
REGULATION UNDER THE DEFENCE ACT 1903-1964.*
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 1903-1964.
Dated this fourth day of December, 1964.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
A. J. FORBES
Minister of State for the Army.
—————
Amendment of the Australian Military Regulations.†
Regulation 135 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—
Period of engagement.
“135.—(1.) Subject to the succeeding sub-regulations of this regulation, the prescribed period for the purposes of section 36 of the Act is—
(a) in the case of a person enlisted as a soldier in the Australian Regular Army, not being a person enlisted as a soldier in a native force—six years;
(b) in the case of a person enlisted as a soldier in a native force—four years;
(c) in the case of a person enlisted as a soldier in the Regular Army Supplement—three years;
(d) in the case of a person enlisted as a soldier in the Regular Army Emergency Reserve—four years;
(e) in the case of a person enlisted as a soldier in the Regular Army Reserve—five years or three years; and
(f) in the case of a person enlisted as a soldier in the Active Citizen Military Forces—two years.
“(2.) Where a person selected for training as an apprentice tradesman is enlisted as a soldier in the Australian Regular Army, the prescribed period, for the purposes of section 36 of the Act, is nine years.
“(3.) Where a person selected for training as an apprentice musician is enlisted as a soldier in the Australian Regular Army, the prescribed period, for the purposes of section 36 of the Act, is eight years.”.
* Notified in the Commonwealth Gazette on 10th December, 1964.
† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations see footnote † to the Statutory Rules 1964, No. 62, and see also Statutory Rules 1964, Nos. 62, 83 and 93.
————————
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
14961/64.—Price 6d. 9/26.11.1964.
Overview
The Statutory Rules of 1964, No. 149, made under the Defence Act 1903-1964, introduces amendments to the Australian Military Regulations to address the need for updated provisions concerning the prescribed periods of engagement for soldiers enlisted in various categories within the Australian military. Enacted by the Governor-General in Council, this regulation seeks to establish clear and distinct periods of service for different categories of soldiers, ranging from two to nine years, depending on their roles and training. The policy objective is to provide a structured framework that reflects the varying commitments and roles within the military, thereby ensuring a well-regulated and efficient defence force.
Scope and Application
The Statutory Rules 1964 No. 149, made under the Defence Act 1903-1964, pertains to the amendment of the Australian Military Regulations, specifically addressing the prescribed periods of engagement for soldiers enlisted in various components of the Australian Defence Force. This legislation applies to individuals enlisted as soldiers in the Australian Regular Army, native forces, Regular Army Supplement, Regular Army Emergency Reserve, Regular Army Reserve, and the Active Citizen Military Forces. Furthermore, it applies to persons selected for training as apprentice tradesmen or musicians in the Australian Regular Army, with different prescribed periods of engagement specified for each category. The regulation has a national jurisdictional reach, applying throughout the Commonwealth of Australia. The regulation does not explicitly state any exclusions or exemptions, but it is inherently limited to those enlisted or selected for training in the specified categories. The application of this regulation can be extended or further detailed through subordinate instruments, though no such instruments are mentioned in the text provided.
Key Provisions
The regulation primarily modifies Regulation 135 of the Australian Military Regulations, setting forth the prescribed periods of engagement for various categories of soldiers under the Defence Act 1903-1964. Specifically, section 135(1) outlines that the engagement periods differ based on the type of force a soldier belongs to: six years for the Australian Regular Army (excluding native forces), four years for native forces, three years for the Regular Army Supplement, four years for the Regular Army Emergency Reserve, five or three years for the Regular Army Reserve, and two years for the Active Citizen Military Forces. Additionally, section 135(2) and (3) provide that the engagement period extends to nine years for those selected for training as an apprentice tradesman and eight years for those selected as an apprentice musician, both in the Australian Regular Army.
The regulation imposes clear obligations on the various military forces, stipulating specific durations for the engagement of soldiers. Each type of force has a defined period, ensuring consistency and fairness across different categories of service. Furthermore, for those undergoing specialized training as apprentice tradesmen or musicians, the regulation extends the period of engagement, reflecting the additional time and investment required for their specific skill development.
Failure to adhere to the prescribed periods of engagement as outlined in the regulation may result in legal consequences. Although the regulation itself does not explicitly state penalties for non-compliance, the Defence Act 1903-1964 under which this regulation operates, may impose civil or criminal penalties for breaches. These could include fines or imprisonment, depending on the severity and nature of the breach, as determined under the overarching legislative framework.