Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00135 Regulations Not in force Legislative Instrument

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Statutory Rules 1956, No. 102.(c)

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Sub-division of Regulations.

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

(a) by omitting the words and figures—
“ Division 2.—Appointment and promotion of officers and special appointments	71-105 ”
and inserting in their stead the words and figures—
“ Division 2.—Appointment and promotion of officers and special appointments	71-104 ” ;
(b) by omitting the words and figures—
“ Division 4.—Enlistment and re-engagement..........	135-141 ”
and inserting in their stead the words and figures—
“ Division 4.—Enlistment and re-engagement..........	135-141aa ” ;
(c) by omitting the words and figures—
“ Division 1.—Redress of wrongs..................	194-195
Division 2.—General..........................	196-200 ”
and inserting in their stead the words and figures—
“ Division 1.—Redress of wrongs..................	194
Division 2.—General..........................	196-198a ” ;
(d) by omitting the words and figures—
“ Division 15.—Preparation for defence by accused persons.	317-318
Division 16.—Finding and sentence.................	319-325 ”
and inserting in their stead the words and figures—
“ Division 15.—Preparation for defence by accused persons.	317-318a
Division 16.—Finding and sentence.................	319-324 ” ;
(e) by omitting; the words and figures—
“ Division 20.—Courts of inquiry and Boards other than courts of inquiry held under A.M.R. 276	371-386 ”
and inserting in their stead the words and figures—
“ Division 20.—Courts of inquiry and Boards other than courts of inquiry held under A.M.R. 276	371-385 ” ;
(f) by omitting the words and figures—
“ Division 6.—Leave of absence and holidays—Permanent Forces	463-177 ”
and inserting in their stead the words and figures—
“ Division 6.—Leave of absence and holidays—Permanent Forces	463-476 ” ;

(g) by omitting the words and figures—
“ Division 1.—Australian Staff Corps................	535-541 ”
and inserting in their stead the words and figures—
“ Division 1.—Australian Staff Corps................	536-541 ” ;
(h) by omitting the words and figures—
“ Division 3.—Royal Australian Army Medical Corps.....	544-550 ”
and inserting in their stead the words and figures—
“ Division 3.—Royal Australian Army Medical Corps.....	543a-550 ” ;
and
(i) by omitting the words and figures—
“ Division 10.—Royal Australian Survey Corps.........	603-605 ”
and inserting in their stead the words and figures—
“ Division 10.—Royal Australian Survey Corps.........	603-605a ”.

Constitution of Military Board.

2. Regulation 21 of the Australian Military Regulations is amended by omitting sub-regulation (1a).

Committees.

3. Regulation 33 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

“ 33.—(1.) The Military Board may appoint committees for the purposes of this regulation.

“ (2.) A committee so appointed shall, as directed by the Military Board, consider, and make recommendations to the Military Board with respect to, any of the following matters :—

(a) all promotions to the rank of lieutenant-colonel, colonel, brigadier or major-general in the Permanent Forces and in the Citizen Forces ;

(b) all appointments of officers of the rank of lieutenant-colonel, colonel, brigadier or major-general in the Permanent Forces and in the Citizen Forces ;

(c) all appointments of officers of the Permanent Forces and the Citizen Forces to be staff officers of brigades and higher formations in the rank of major ;

(d) such other matters as are referred to it by the Military Board.

“ (3.) The recommendations of a committee appointed under this regulation shall be considered at an ordinary meeting of the Military Board.

“ (4.) The Military Board shall submit its recommendations with respect to a matter specified in paragraph (a) or (b) of sub-regulation (2.) of this regulation to the Minister.”.

Command for purpose of discipline in certain corps.

4. Regulation 66 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (3.) the word “ and ” ; and

(b) by omitting paragraph (c) of sub-regulation (3.) and inserting in its stead the following paragraphs :—

“ ; (c) in respect of a member serving under the command of the Commandant of the Officer Cadet School or attending for instruction at the Officer Cadet School—the Commandant of the Officer Cadet School or an officer, not below the rank of major, authorized by him for that purpose ;

“ (d) in respect of a member serving under the command of the Commandant of the Jungle Training Centre or attending for instruction at the Jungle Training Centre—the Commandant of the Jungle Training Centre or an officer, not below the rank of major, authorized by him for that purpose ; and

“ (e) in respect of a member allotted for duty or attending for instruction at any other Army School—the chief instructor of the School, not below the rank of major.”.

Service before promotion of officers in the Permanent Forces.

5. Regulation 85 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation :—

“ (1) Unless the Military Board in exceptional circumstances otherwise recommends—

(a) an officer of the Australian Regular Army who graduated at the Officer Cadet School as a second lieutenant on or before the thirty-first day of December, 1954, shall not be promoted—

(i) to the rank of lieutenant until he has served as an officer of the Australian Regular Army for a period of four years or for such shorter period as the Military Board determines in respect of officers of his age and with equivalent educational qualifications ;

(ii) to the rank of captain until he has served as an officer of the Australian Regular Army for a period of eight years ; or

(iii) to the rank of major until he has served as an officer of the Australian Regular Army for a period of fourteen years ;

(b) an officer of the Australian Regular Army who has graduated or graduates at the Officer Cadet School as a second lieutenant after the thirty-first day of December, 1954, shall not be promoted—

(i) to the rank of lieutenant until he has served as an officer of the Australian Regular Army for a period of three and a half years ;

(ii) to the rank of captain until he has served as an officer of the Australian Regular Army for a period of seven and a half years ; or

(iii) to the rank of major until he has served as an officer of the Australian Regular Army for a period of thirteen and a half years ;

(i) to the rank of captain until he has served as an officer of the Australian Regular Army for a period of four years ; or

(ii) to the rank of major until he has served as an officer of the Australian Regular Army for a period of ten years ; and

(d) an officer appointed to the Australian Regular Army in the rank of captain shall not be promoted to the rank of major until he has served as an officer of the Australian Regular Army for a period of six years.” ;

(b) by omitting from sub-regulation (2) the words “ Permanent Forces ” (wherever occurring) and inserting in their stead the words “ Australian Regular Army ” ;

(d) by omitting paragraph (c) of sub-regulation (2) ; and

(e) by omitting sub-regulation (3) and inserting in its stead the following sub-regulation :—

“ (3) This regulation does not apply to an officer appointed in the position of Quartermaster in the Australian Regular Army.”.

Retired list and military title after retirement.

6. Regulation 125 of the Australian Military Regulations is amended by omitting sub-regulation (6) and inserting in its stead the following sub-regulation :—

“ (6) For the purpose of this regulation, ‘ commissioned service in the Active Military Forces ’ includes—

(a) one-half of any service in the ranks of the Permanent Forces ;

(b) one-fifth of any service in the ranks of the Active Citizen Forces ; and

Interpretation.

7. Regulation 237 of the Australian Military Regulations is amended by inserting after sub-regulation (5) the following sub-regulation :—

“ (5a) For the purposes of the provisions referred to in sub-regulation (1) of this regulation—

(a) an officer of the rank of major or above commanding a unit to which is attached a unit commanded by a member of a rank below that of major shall be deemed to be the commanding officer of the members of the unit so attached ; and

(b) an officer of the rank of major or above appointed by a formation, &c., commander to deal with charges against members of a unit not attached to another unit and commanded by a member of a rank below that of major shall be deemed to be the commanding officer of those members.”.

Heading to Division 14, Part VII.

8. The heading “ DIVISION 14.—AUSTRALIAN ARMY NURSING SERVICE.” in Part VII. of the Australian Military Regulations is repealed.

Heading to Division 7, Part XIII.

9. The heading “ DIVISION 7.—WILLS.” in Part XIII. of the Australian Military Regulations is repealed.

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Overview

The Statutory Rules 1956, No. 102, made under the Defence Act 1903-1956, was enacted to amend the Australian Military Regulations, thereby addressing various administrative and procedural gaps within the military framework. This legislative instrument was introduced on 14th December 1956 and notified in the Gazette on the same date. The primary objective of this amendment was to streamline the administrative processes and enhance the operational efficiency of the Australian military by refining the regulations related to the appointment, promotion, and disciplinary actions of military officers, as well as the restructuring of committees within the Military Board. The intent was to ensure that the military's internal governance and operational directives were clearly defined and effectively implemented, thereby contributing to the overall effectiveness and discipline of the Australian Defence Force.

Scope and Application

The Australian Military Regulations, as amended by Statutory Rules 1956, No. 102, apply to personnel within the Australian Defence Force, including officers and members of the Australian Regular Army, Citizen Forces, and other related military entities. The amendments primarily affect the structure and processes related to the appointment and promotion of officers, as well as the administration of military justice and disciplinary matters. The regulations extend to all military personnel across Australia, encompassing both Commonwealth and state jurisdictions. Notably, the Act does not explicitly state any exclusions or thresholds, but it does provide for certain exceptions in specific circumstances, such as the appointment of officers in the position of Quartermaster. The Military Board retains significant discretion through subordinate instruments, enabling it to adapt and refine the regulations to meet evolving military needs and administrative practices.

Key Provisions

The Statutory Rules 1956, No. 102 amends several sections of the Australian Military Regulations (AMR). These amendments primarily involve renumbering and restructuring divisions within the regulations, thereby affecting the sections that govern various aspects of military operations, appointments, and disciplinary procedures (regs 1, 2, 4, 5, 6, 7, 8, 9). For instance, Division 2, which pertains to the appointment and promotion of officers, now ends at section 104 instead of 105. Similarly, Division 4, dealing with enlistment and re-engagement, now includes sections up to 141aa. Such changes necessitate adjustments in referencing and understanding these sections by military personnel and governing bodies. The obligations imposed by these amendments require the Australian Military Board and other relevant authorities to align their practices with the newly structured regulations. For example, the Military Board is now tasked with appointing committees to consider and recommend matters related to promotions and appointments of high-ranking officers (reg 3). These committees must submit their recommendations to the Military Board for further consideration and, in certain cases, to the Minister for Defence (reg 3(3), (4)). Furthermore, the amendments stipulate specific service periods that officers must complete before being eligible for promotion (reg 5(1)). Additionally, the definition of 'commissioned service in the Active Military Forces' has been modified to include specific fractions of service in different military units (reg 6(6)). Violation of the provisions set out in these regulations can result in various consequences. While the specific offences and penalties are not detailed in the text, breaches of military regulations typically lead to disciplinary actions which may include demotion, fines, or even imprisonment depending on the severity of the violation. The maximum penalties would be determined by the relevant military or civilian courts based on the nature and gravity of the offence under both military and civilian law. Non-compliance with these regulations can also have administrative consequences, such as the revocation of commissions or service benefits.

Area of Law: Military Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Administrative Discretion

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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.

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