Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00034 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No.  .

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this fourth day of December, 1940.

Governor-General.

By His Excellencys 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 omitting the words and figures—

Division 1.—Record book and company roll book,

Citizen Forces and Senior Cadets ..........................735-747

and inserting in their stead the words and figures—

Division 1.—Record Book, Record of Service and

Roll Books—Citizen Forces and Senior Cadets 735-747.

Discharge of a trainee.

2. Regulation 186 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words the prescribed form of the copy of the entries in that book and inserting in their stead the words his Record of Service.

When pay and allowances not to be stopped.

3. Regulation 295 of the Australian Military Regulations is amended by inserting, after paragraph (e) in sub-regulation (1), the following paragraph:—

(ee) in respect of any period during which a sentence of penal servitude, imprisonment, or detention is suspended under A.A. 57a and A.M.R. 345; or”.

 

* Notified in the Commonwealth Gazette on      , 1940.

† 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, 113, 123, 134, 160 and 173; and 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199 and              .

7079.—8/13.11.1940.—Price 3d.


4. Regulation 444 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Entry of report of examination

444.—(1.) A report of the examination of each person medically examined under D.A. 144 shall be entered in his Record of Service in one of the following forms, as the case requires:—

(a) Fit for Class I.;

(b) Temporarily unfit for Class I.;

(c) Fit for Class II.;

(d) Temporarily unfit for Class II.;

(e) Unfit for Military Service; or

(f) Not substantially of European origin or descent.

(2.) The entry shall be certified by the signature of the medical authority who makes the examination.

Entry of classification.

5. Regulation 518 of the Australian Military Regulations is amended—

(a) by inserting, after the words company roll-book (wherever occurring), the words or in the roll book for the head-quarters of the battalion, or its equivalent, as the case requires,;

(b) by omitting from paragraph (a) the words , and the prescribed copy of entries therein; and

(c) by omitting from paragraph (c) the words the prescribed copy of entries therein and inserting in their stead the words in his Record of Service..

Entry in Record Book and Record of Service.

6. Regulation 523 of the Australian Military Regulations is amended by omitting the words in the prescribed copy of entries therein and inserting in their stead the words in his Record of Service under the Table relating to Exemptions.

Heading Division 1. of Part X.

7. The Australian Military Regulations are amended by omitting the heading to Division 1 of Part X. of those Regulations and the heading before regulation 735 of those Regulations and inserting in their stead the following headings:—

DIVISION 1.—RECORD BOOK, RECORD OF SERVICE AND ROLL BOOKS.— CITIZEN FORCES AND SENIOR CADETS.

Record Book and Record of Service.”.

Record book.

8. Regulation 735 of the Australian Military Regulations is amended by omitting from sub-regulation (2.) the words in such form as is directed by the Military Board and inserting in their stead the words in the Record of Service of the person to whom the entries relate”.

Persons authorized to make entries.

9. Regulation 736 of the Australian Military Regulations is amended by inserting after the words record books the words and Records of Service”.

10. After regulation 736 of the Australian Military Regulations the following regulation is inserted:—

Record of Service.

736a. A Record of Service in accordance with such form as the Military Board determines shall be kept in respect of each person registered under D.A. 142..


Persons authorized to retain Record of Service.

11. Regulation 737 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words The prescribed copy of entries in each record book issued to and inserting in their stead the words The Record of Service of; and

(b) by omitting from sub-regulation (2) the words The prescribed copy of entries in a record book issued under D.A. 146 and inserting in their stead the words The Record of Service”.

Entries when senior cadet not required to attend for training.

12. Regulation 738 of the Australian Military Regulations is amended by omitting the words the prescribed copy of entries therein and inserting in their stead the words his Record of Service, under the Table relating to Exemptions.

Replacement of lost Record Book.

13. Regulation 740 of the Australian Military Regulations is amended by omitting all words from and including the words The particulars contained” to the end of the regulation and inserting in their stead the following words:—

Such of the particulars contained in the Record of Service as are required to be entered in the Record Book shall be entered in the new record book by the C.O. or area officer or an officer of the Permanent Forces..

Heading.

14. The Australian Military Regulations are amended by omitting the heading immediately before regulation 741 and inserting in its stead the following heading:—

“Roll Books.”.

15. Regulation 745 of the Australian Military Regulations is repealed and the following regulations inserted in its stead:—

Separate roll books for battalion head-quarters and each company.

745.—(1.) In the Citizen Forces and Senior Cadets a separate roll book shall be kept for the personnel of—

(a) the head-quarters of each battalion, or its equivalent; and

(b) each company, or its equivalent.

(2.) Each roll book in a battalion or its equivalent, and in a unit of the Senior Cadets attached thereto, shall be kept by the C.O. or the Adjutant of the unit, or by such other officer of the Military Forces, or member of the Permanent Forces, as the C.O. directs.

(3.) Each roll book in a battalion or its equivalent and in a unit of the Senior Cadets attached thereto shall be kept for a period of ten years after the last annual training recorded therein, and shall then be destroyed.

Entries in battalion head-quarters roll books.

745a.—(1.) The entries in the roll book for the head-quarters of a battalion, or its equivalent, shall relate to the same matters and be made in the same manner as prescribed by regulations 741 to 744 of these Regulations in relation to a company roll book.

(2.) The production of the roll book for the head-quarters of a battalion, or its equivalent, shall be prima facie evidence of the entries contained therein.

Platoon roll books.

“745b.—(1.) In addition to the company roll book, a separate platoon roll book shall be kept for each platoon or its equivalent by the platoon commander or by such other officer of the Military Forces or member of the Permanent Forces as the C.O. directs.


(2.) Entries relating to the following matters shall be made in the platoon roll:—

(a) The names and particulars of the members of the Citizen Forces (whether serving under Part XII. of the D.A. or not) and of the Senior Cadets who are required to attend for training; and

(b) The record of their attendance at, or absence from, training.

(3.) The record of the attendance at, or absence from, training of the members concerned shall be entered in each platoon roll book at the time of calling the roll, and presence or absence, as the case may be, shall be signified by letters entered opposite each name in the roll book in the following manner:—

The letter P shall signify Present.

The letters ABS shall signify Absent.

(4.) Except in the case of detached platoons or their equivalent, entries recorded in the platoon roll book shall be transcribed with such alterations as are necessary to comply with A.M.R. 742 into the company roll book within one hour after the calling of the platoon roll.

(5.) In the case of a detached platoon or its equivalent the platoon roll book shall be amended within one hour of the calling of the roll so as to show, as prescribed by A.M.R, 742 in respect of company roll books, whether members who are shown as absent were absent without leave, absent with leave, absent through sickness duly certified, or present in detention under D.A. 135. The platoon roll book or a copy certified to by the officer in charge of the parade shall be forwarded to company head-quarters and transcribed into the company roll book at least once a month as arranged by the head-quarters of the battalion or its equivalent.

(6.) Each platoon roll book shall be kept for a period of ten years after the last annual training recorded therein and shall then be destroyed..

By whom entries to be made in roll books.

16. Regulation 746 of the Australian Military Regulations is amended by omitting the words company roll books (wherever occurring) and inserting in their stead the words the company roll book or the roll book for the head-quarters of the battalion, or its equivalent, as the case requires,.

Offences in relation to record books. &c.

17. Regulation 747 of the Australian Military Regulations is amended—

(a) by omitting the words prescribed copy of entries in a record book (wherever occurring) and inserting in their stead the words Record of Service;

(b) by omitting the word company (wherever occurring); and

(c) by omitting from paragraph (b) the words such record or roll book or copy and inserting in their stead the words record book, Record of Service or roll book.

 

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

Overview

The Defence Act 1903-1939, enacted by the Australian Parliament, serves to govern the administration and regulation of the Australian Defence Force. This legislative framework was introduced to ensure the effective management and coordination of military operations and personnel. The Australian Military Regulations, made under the authority of the Defence Act, were amended in 1940 to address specific issues related to record-keeping and the administration of military personnel, including the introduction of standardised Record of Service documents to replace previous record-keeping methods. These amendments aimed to streamline and modernise the administrative processes within the military, ensuring that records were accurate, easily accessible, and compliant with contemporary standards.

Scope and Application

The Statutory Rules 1940 No. 194, made under the Defence Act 1903-1939, primarily amend the Australian Military Regulations to enhance record-keeping and administrative processes within the Australian military. These amendments apply to personnel within the Citizen Forces and Senior Cadets, focusing on the management and documentation of service records, roll books, and medical examinations. The regulations affect the geographic reach of Commonwealth military forces, impacting all military personnel and units within Australia. Key amendments include the introduction of a Record of Service for each individual, changes to the content and management of record books, and the establishment of specific procedures for roll books at the battalion and platoon levels. Notably, the regulations exclude certain non-military personnel from the scope of these amendments. The application and enforcement of these regulations may be further extended or clarified through subordinate instruments, ensuring that the administrative framework remains adaptable to operational needs.

Key Provisions

The key provisions of the Statutory Rules, 1940, No. 186, made under the Defence Act 1903-1939, involve amendments to the Australian Military Regulations. These amendments primarily concern the record-keeping and documentation for Citizen Forces and Senior Cadets. Regulation 2 of the Australian Military Regulations is revised to change the title of Division 1 from "Record book and company roll book" to "Record Book, Record of Service and Roll Books" (regulation 1). Regulation 186 is amended to specify that the discharge of a trainee must be recorded in their Record of Service instead of a prescribed form (regulation 2). Regulation 295 is further amended to ensure that pay and allowances are not stopped during periods when a sentence of penal servitude, imprisonment, or detention is suspended (regulation 3). Regulation 444 is repealed and replaced with a new regulation that mandates the entry of medical examination reports into a person's Record of Service (regulation 4). Regulation 518 is amended to require entries related to classification and exemptions to be made in the Record of Service (regulation 5). Regulation 523 is similarly updated to direct that entries in the Record Book and Record of Service must be made under the Table relating to Exemptions (regulation 6). The headings of Division 1 in Part X of the Australian Military Regulations are also revised to reflect the changes made to the record-keeping provisions (regulation 7). Regulation 735 is amended to specify that entries in the Record Book must be made in the Record of Service of the relevant person (regulation 8). Regulation 736 is updated to include Records of Service in the list of authorized record books and mandates the keeping of a Record of Service for each registered person (regulations 9 and 10). Regulation 737 is modified to clarify that the Record of Service should be retained instead of the prescribed copy of entries (regulation 11). Regulation 738 is amended to require that entries for exemptions be made in the Record of Service (regulation 12). Regulation 740 is revised to specify that certain particulars from the Record of Service should be entered into a new Record Book (regulation 13). The headings for the roll books are updated to reflect the new structure, and new regulations are introduced to govern the keeping of separate roll books for battalion headquarters, companies, and platoons (regulations 14-16). Regulation 747 is amended to specify that offences related to record books now include the Record of Service, in addition to record books and roll books (regulation 17). The regulations impose several obligations on the parties they govern. Firstly, they require that a Record of Service be maintained for each registered person under Defence Act 1903-1939. This Record of Service must include entries related to medical examinations, exemptions, and other relevant details. The regulations also mandate the keeping of separate roll books for battalion headquarters, companies, and platoons, with specific requirements for the content and duration of these records. Additionally, officers and other authorized personnel are responsible for making the necessary entries in these records, ensuring that all required information is accurately documented. The regulations further specify the manner in which entries should be made and the circumstances under which records should be destroyed. The Statutory Rules, 1940, No. 186, include provisions that establish offences and penalties for non-compliance with the regulations. Under regulation 17, any person who fails to comply with the requirements regarding the Record Book, Record of Service, or roll books commits an offence. The penalties for such offences are not explicitly stated in the statutory rules but would be governed by the Defence Act 1903-1939 and other relevant legislation. Non-compliance with these record-keeping provisions could potentially result in civil or criminal consequences, including fines or imprisonment, depending on the severity of the breach and the applicable laws.

Legal classification tags

Area of Law
Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Offence Provisions

Interactions

Authorises

All Versions

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.