STATUTORY RULES.
1939. No. 134.
________________
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 second day of November, 1939.
GOWRIE
Governor-General.
By His Excellency’s Command,
G. A. STREET
Minister of State for Defence.
__________
Amendments of the Australian Military Regulations.†
Tenure of appointment.
Regulation 539 of the Australian Military Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) An officer of the Australian Staff Corps, unless re-appointed, shall not hold the same appointment on the Head-quarters staff or the staff of the head-quarters of any formation or unit, or the staff of the Royal Military College or of a military school for a longer period than four years.”.
* Notified in the Commonwealth Gazette on 2nd November, 1939.
† 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; and 1939, Nos. 31, 51, 58, 115 and 123.
_______________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6523.—Price 3d.
Overview
The Statutory Rules 1939 No. 134, issued under the Defence Act 1903-1939, represents a legislative instrument enacted by the Governor-General in Council, aiming to address specific administrative needs within the Australian military framework. The problem it was introduced to address relates to the tenure of appointments within the Australian Staff Corps, specifically ensuring a rotation of officers to prevent prolonged occupancy of certain staff positions. This regulation was established to maintain a dynamic and efficient military leadership structure, ensuring that officers are regularly rotated to foster fresh perspectives and skills within the Defence Force.
The policy objective behind these amendments, as set out in the Defence Act 1903-1939, is to enhance the operational effectiveness and adaptability of the Australian military by instituting a more fluid tenure system for staff appointments. By limiting the duration an officer can hold a particular appointment, the regulations seek to prevent stagnation and promote continuous improvement in military administration and strategy. This approach underscores the importance of regular turnover in leadership roles to align with the evolving demands of national defence.
Scope and Application
The Statutory Rules 1939, No. 134, enacted under the Defence Act 1903-1939, pertain to amendments of the Australian Military Regulations, specifically addressing the tenure of appointments within the Australian Staff Corps. This regulation applies to officers of the Australian Staff Corps, imposing a limit on the duration they can hold the same appointment within various military staffs, including headquarters staff or the staff of the headquarters of any formation or unit, the staff of the Royal Military College, or a military school. Unless these officers are re-appointed, they cannot hold the same appointment for longer than four years, as stipulated by the amendment to Regulation 539 of the Australian Military Regulations. The application of this regulation is national in scope, as it is enacted by the Commonwealth of Australia and applies uniformly across the country. The regulation extends its reach to all officers within the specified military structures and does not explicitly mention any exclusions, exemptions, or thresholds. Additionally, the regulation may be further extended or restricted through subordinate instruments, as permitted by the overarching Defence Act 1903-1939.
Key Provisions
The statutory rules outlined in F1996B04374 amend Regulation 539 of the Australian Military Regulations, specifically concerning the tenure of appointments within the Australian Staff Corps. Under the new sub-regulation (2), an officer of the Australian Staff Corps will not be able to hold the same appointment in various staff positions for more than four years unless they are re-appointed (Reg 539). This amendment places a time limit on how long an officer can retain a specific appointment, ensuring a level of turnover and the opportunity for new officers to take on roles within the defence sector.
The obligations imposed by this regulation on the parties involved are primarily related to adherence to the specified tenure limits for appointments within the Australian Staff Corps. Officers must ensure that they do not exceed the four-year period without a re-appointment for the same position. This requirement applies to appointments on the headquarters staff, the staff of the headquarters of any formation or unit, or the staff of the Royal Military College or a military school.
Failure to comply with the tenure provisions outlined in the regulation may result in the officer being deemed to have exceeded their authorised period of appointment, which could lead to disciplinary actions or other administrative consequences. While the regulation itself does not explicitly state penalties for non-compliance, it is implied that breaches could lead to enforcement actions under the Defence Act 1903-1939 or other relevant military laws. The consequences could include removal from service or other punitive measures deemed appropriate by the relevant authorities.