Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00184 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 75

REGULATIONS UNDER THE DEFENCE ACT 1903-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1973.

Dated this fifteenth day of May, 1974

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation for and on behalf of the Minister of State for Defence.

————

Amendments of the Australian Military Regulations†

Commencement.

1. These Regulations shall be deemed to have come into operation on 1 January 1973.

Furlough.

2. Regulation 478 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ fifteen years’ ” and substituting the words “ ten years’ ”; and

(b) by omitting from sub-regulation (3) the words “ fifteen years’ ” and substituting the words “ ten years’ ”.

Proportionate furlough or pay in lieu to members not entitled to furlough under regulation 478.

3. Regulation 479 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ fifteen years ” and substituting the words “ ten years ”;

 

* Notified in the Australian Government Gazette on 21 May 1974.

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, 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; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957 No 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 171; 1963, No. 28; 1964, Nos. 62, 83, 93 and 149; 1965, Nos. 61, 72, 116, 119, 138 and 174; 1966, Nos. 119 and 167; 1967, Nos. 13, 118 and 168; 1968, Nos. 91 and 96; 1969, Nos. 76, 94, 96, 197 and 217; 1970, Nos. 101 and 193; 1971, Nos. 85 and 179; 1972. Nos. 57, 123 and 207; and 1973, Nos. 99, 206, 245 and 250.


(b) by omitting paragraphs (b) and (c) of sub-regulation (1) and substituting the following word and paragraph:—

“ or (b) where the period of service of the member is not less than eight years but is less than ten years—for a period of three months. ”;

(c) by omitting from sub-regulation (3) the words “ fifteen years’ ” and substituting the words “ ten years’ ”;

(d) by omitting from sub-regulation (3) the words “ and the unfitness is not due to misconduct or to causes within his own control ”;

(e) by omitting sub-regulation (3a);

(f) by omitting from sub-regulation (3c) the words “ fifteen years’ ” and substituting the words “ ten years’ ”;

(g) by omitting paragraphs (b) and (c) of sub-regulation (3c) and substituting the following word and paragraph:—

“ or (b) if he has completed not less than eight but less than ten years’ service—of three months. ”;

(h) by omitting from sub-regulation (4) the words “ fifteen years’ ” and substituting the words “ ten years’ ”; and

(i) by omitting from sub-regulation (4) the words “ not due to misconduct or to causes within control of the member ”.

Conduct of members.

4. Regulation 481 of the Australian Military Regulations is repealed.

Overview

The Statutory Rules 1974 No. 75, made under the Defence Act 1903-1973, are Regulations amending the Australian Military Regulations. These Regulations were introduced to update certain provisions concerning furlough and pay entitlements for military personnel based on their years of service. The Regulations were made by the Governor-General, acting on the advice of the Executive Council, and commenced on 1 January 1973. The primary objective of these amendments is to adjust the qualifying years of service for furlough and pay entitlements from fifteen years to ten years, and to modify the conditions and duration of furlough or pay in lieu for members with less than ten years of service. The changes aim to streamline and modernise the military regulations in line with evolving service requirements and tenure expectations.

Scope and Application

The Regulations under the Defence Act 1903-1973, made in 1974, amend the Australian Military Regulations to modify furlough entitlements for military personnel. Specifically, they reduce the service requirement for entitlement to furlough from fifteen years to ten years, and introduce a proportionate furlough or pay in lieu for members who have served at least eight but fewer than ten years. These amendments apply to all members of the Australian Defence Force, and the changes are effective as of 1 January 1973. The scope of these regulations is limited to military personnel and does not extend to civilian employees or contractors within the defence sector. The regulations do not explicitly state any exclusions or exemptions, implying that the changes apply broadly to all eligible members. The application of these regulations is within the Commonwealth jurisdiction, as they are enacted under the Defence Act.

Key Provisions

The Regulations under the Defence Act 1903-1973 amend the Australian Military Regulations, effective from 1 January 1973. Regulation 478 and 479 are specifically amended, changing the years of service threshold for certain provisions from fifteen to ten years. Regulation 481, concerning the conduct of members, is repealed. These changes aim to streamline and update the furlough and pay entitlements for military members based on their length of service. The Regulations impose several obligations on the parties they govern. For instance, members of the military who have served for ten years or more will now be entitled to furlough or proportionate pay in lieu, where previously the threshold was fifteen years. Similarly, members with eight but less than ten years of service will be entitled to three months of furlough or pay, a change from the previous threshold of fifteen years. The Regulations also remove certain conditions and restrictions on pay entitlements, simplifying the process for eligible members. Breaches of the Regulations, or any other provisions of the Defence Act 1903-1973, could result in civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in these Regulations. The Defence Act itself, however, provides for various offences and corresponding penalties, which could apply depending on the nature and severity of the breach. For example, under the Defence Act, certain offences can attract substantial fines and imprisonment terms, though the exact penalties would depend on the specific offence committed.

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Military Law
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Commencement Provisions
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