Australian Military Regulations (Amendment)

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STATUTORY RULES.

1942. No. 333.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this twenty-fourth day of July, 1942.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

Subdivision of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by inserting, after the words and figures “Division 4.—Disclosure of member’s military history . . . 770”, the words and figures “Division 4a.—Records in time of war . . .770a”.

Military districts.

2. Regulation 41 of the Australian Military Regulations Orders is amended—

(a) by omitting from the description of 2nd Military District in sub-regulation (1) the words “that portion of the 2nd Infantry Division area which extends into the State of Victoria,” and inserting in their stead the words “Norfolk Island”; and

(b) by omitting the description of 3rd Military District in that sub-regulation and inserting in its stead the following description:—

“The State of Victoria, together with that part of New South Wales consisting of the Shires of Holbrook, Culcairn, Lockhart, Urana, Jerilderie, Conargo, Windouran, Wakool, Hume, Coreen, Berrigan and Murray, the County of Caira (excluding that part thereof which is included in the Shire of Waradgery) and the Counties of Taila, Wentworth, Tara, and Windeyer, together with all cities, municipalities and towns contained within the outer boundaries of the area thus defined or situated on the Murray River within the State of New South Wales.”.

 

*Notified in the Commonwealth Gazette on , 1942.

†Statutory Rules 1927, No. 149, as amended by Statutory Rules 1923, 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; and 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; and 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, and 289.


(c) by omitting the description of 4th Military District in that sub-regulation and inserting in its stead the following description:—

“The State of South Australia together with the Counties of Menindee, Yancowinna and Farnell in the State of New South Wales.”.

(d) by omitting the description of 7th Military District in that sub-regulation and inserting in its stead the following description:—

“The Northern Territory of Australia.”.

Discharge of soldiers enlisted under Part IV. of D.A.

3. After regulation 184 of the Australian Military Regulations the following regulation is inserted:—

“184a.—(1.) A soldier enlisted in pursuance of the provisions of Part IV. of the D.A. may be discharged under this regulation from the Military Forces for any of the following reasons, that is to say—

(a) for the purpose of being appointed to commissioned rank; or

(b) for the purpose of being enlisted in or appointed to, or commissioned in the Royal Australian Navy or the Royal Australian Air Force; or

(c) for the purpose of enlisting in any Expeditionary Force raised or being raised for service outside the Commonwealth; or

(d) when permanently medically unfit for service; or

(e) when his liability to serve no longer exists; or

(f) when found to be not suitable for any military service; or

(g) if he has, before appointment or enlistment, been convicted by a civil court for an offence involving dishonesty or physical violence; or

(h) if he is sentenced during his service to penal servitude or imprisonment by a civil court or court-martial.

(2.) A soldier discharged for any of the reasons specified in paragraphs (a), (b), (c), (d), (f), (g) or (h) of sub-regulation (1.) who would otherwise be serving or liable to serve under Part IV. of the D.A. may, notwithstanding that discharge, be called upon to enlist and serve in accordance with the provisions of D.A.60 and these Regulations.”.

Who may authorize.

4. Regulation 185 of the Australian Military Regulations is amended by adding at the end of paragraph (a)of sub-regulation (2.) the following sub-paragraph:—

“(v) any officer, not below the rank of Lieutenant-Colonel, on the staff of a formation, &c., commander, empowered by that formation, &c., commander, or”.

Certificate of discharge.

5. Regulation 190 of the Australian Military Regulations is amended by omitting the words “voluntarily enlisted”.

Minor punishment in addition to detention.

6. Regulation 256 of the Australian Military Regulations is amended by inserting in paragraph (8) after the word “punishment” the words “, other than a fine,”.


Insanity. Adaptation of A.A. 120 (5).

7. Regulation 352 of the Australian Military Regulations is amended by adding at the end of sub-regulation (8) the following paragraphs:—

“and (d) as if next after the word “Burma,” (second occurring) there were inserted the words ‘and in the case of a person confined in the Commonwealth of Australia, the Governor-General of the Commonwealth,’; and

(e) as if next after the word ‘Burma,’ (third and fourth occurring) there were inserted the words ‘the Commonwealth of Australia,’.”

8. After regulation 770 of the Australian Military Regulations the following heading and regulation are inserted:—

“Division 4a.—Records in Time of War.

Records of members of the Military Forces in time of war.

“770a.—(1.) Notwithstanding anything contained in these Regulations, in time of war, all records relating to members of the Military Forces shall be organized, kept and maintained, in such manner as is determined from time to time by the Military Board.

(2.) For the purposes of this regulation ‘records’ shall mean all documents of whatsoever description directed by the Military Board to be used to record any entry, minute or information relating to or concerning the personal history of members of the Military Forces.”.

 

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

Overview

Statutory Rules 1942, No. 333, enacted under the Defence Act 1903-1941, serves to amend the Australian Military Regulations in response to the exigencies of World War II. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to ensure that military regulations are appropriately adapted to the wartime context. These amendments include changes to military districts, the introduction of provisions for handling military records during wartime, and adjustments to the conditions and processes for the discharge of enlisted soldiers. The policy objective is to streamline military administration and ensure that military forces can be efficiently managed and deployed in support of Australia's war effort.

Scope and Application

The Statutory Rules 1942, No. 333, made under the Defence Act 1903-1941, introduce amendments to the Australian Military Regulations, thereby impacting the conduct and governance of military personnel and the administration of military districts. These regulations apply to all members of the Military Forces, as well as to military districts across Australia. They specifically address the reorganisation of military districts, with Norfolk Island replacing a portion of the 2nd Infantry Division area in Victoria, and the 3rd Military District now encompassing parts of New South Wales and Victoria, the 4th Military District covering South Australia and parts of New South Wales, and the 7th Military District now defined as the Northern Territory of Australia. The regulations also introduce provisions for the discharge of soldiers enlisted under specific conditions, outline the circumstances under which such discharges can occur, and specify who has the authority to authorise these discharges. Additionally, the regulations modify the management of records in times of war, stipulating that all records relating to members of the Military Forces must be organised, kept, and maintained as determined by the Military Board. The scope of these regulations is further extended through subordinate instruments, which may provide additional details or clarifications as necessary.

Key Provisions

The statutory rules, made under the Defence Act 1903-1941, introduce several amendments to the Australian Military Regulations, primarily aimed at adapting military districts and managing the discharge of soldiers. Regulation 2 introduces a new Division 4a, focusing on records in time of war, while Regulation 41 modifies the descriptions of the 2nd, 3rd, 4th, and 7th Military Districts to reflect changes in territorial boundaries. Regulation 184a outlines specific reasons for discharging soldiers enlisted under Part IV of the Defence Act, including appointments to commissioned ranks, transfers to other forces, medical unfitness, and criminal convictions. Regulation 185 extends the authority to discharge soldiers to certain officers, not below the rank of Lieutenant-Colonel, on the staff of a formation commander. Regulation 190 removes the requirement for a voluntary enlistment certificate in certain discharges, and Regulation 256 excludes fines from additional minor punishments that can be imposed alongside detention. Regulation 352 adds provisions for the treatment of mentally unfit members of the Military Forces, extending the authority to the Governor-General in Australia. Regulation 770a mandates that all records of members of the Military Forces during wartime must be organized, kept, and maintained as determined by the Military Board. These amendments impose various obligations on military personnel, commanding officers, and administrative staff. Military personnel must comply with the new regulations regarding their discharge and the conditions under which they can be called upon to serve again. Commanding officers, including those not below the rank of Lieutenant-Colonel, are now authorized to discharge soldiers under specific circumstances. The Military Board has the responsibility to determine how records of military personnel should be managed during times of war. Administrative staff must ensure that any modifications to the descriptions of military districts are accurately reflected in their operational plans and communications. Breaches of these regulations can lead to various consequences. While the document does not specify penalties for non-compliance, it is reasonable to infer that failure to adhere to these regulations could result in disciplinary action, including court-martial for military personnel. Additionally, officers who exceed their authority or fail to follow the stipulated procedures for discharging soldiers could face professional repercussions. The precise penalties would depend on the severity of the breach and would be determined in accordance with existing military law and administrative regulations.

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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.