Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00131 Regulations Not in force Legislative Instrument

Legislation content

DEFENCE (MILITARY).

 

 

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Australian Military Regulations...........................

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Financial (Military) Regulations...........................

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Royal Military College Regulations.........................

209

 

AUSTRALIAN MILITARY REGULATIONS.

 

Statutory Rules 1955, No. 7.(a)

 

Subdivision of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by omitting the words and figures—

“ Part IX—Ceremonial—

Division 1.—Standards guidons and colours........673-677

Division 2.—Honours and salutes...............678-734 ”.

Definitions.

2. Regulation 3 of the Australian Military Regulations is amended by omitting from the definition of “ Formation, &c.,” the words “ Military District,”.

Powers of formation, &c., commanders exercisable by the Military Board.

3. Regulation 12 of the Australian Military Regulations is amended by omitting the words “, or, in time of war, by a district commandant ”.

Omission of sub-heading.

4. The sub-heading immediately preceding regulation 41 of the Australian Military Regulations is omitted and the following subheading inserted in its stead :—“Areas.”.

Repeal of regulations 41 and 41a.

5. Regulations 41 and 41a of the Australian Military Regulations are repealed.

Precedence of Corps.

6. Regulation 68 of the Australian Military Regulations is amended by omitting from sub-regulation (2.) the words “ numerical order of the military districts to which they belong ” and inserting in their stead the words “ order in which the Commands to which they belong are specified in the instrument appointing Commands under section 8 of the Act ”.

Transfer on the Unattached List.

7. Regulation 119 of the Australian Military Regulations is amended by omitting the words “ military district ” (wherever occurring) and inserting in their stead the word “ Command ”.

Officers on the Unattached List.

8. Regulation 132 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “ the Base Commandant of the military district ” and inserting in their stead the words “ the Commander of the Command ”.

Examination of proceedings—peace and war service.

9. Regulation 334 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ or an officer of the Australian Army Legal Corps ” and inserting

 

(a) Made under the Defence Act 1903-1953 on 12th January, 1955 ; notified in the Gazette on 20th January, 1955.

in their stead the words “, an officer of the Australian Army Legal Corps or a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth, being a barrister or solicitor approved by the Director of Legal Services for the purpose,” ; and

(b) by omitting sub-regulation (6) and inserting in its stead the following sub-regulation :—

“ (6.) A person who has acted as the president, a member of the court, the prosecutor, counsel for the prosecutor or the judge-advocate at a trial by court-martial shall not, either before or after confirmation, advise upon the proceedings of that court-martial.”.

Assistance by Commander.

10. Regulation 399 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “ district base commandant ” and inserting in their stead the words “ Commander of a Command ”.

Application for assistance to be reported.

11. Regulation 402 of the Australian Military Regulations is amended by omitting the words “ district base commandant ” and inserting in their stead the words “ Commander of a Command ”.

12. Regulation 485 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

Service of persons called up under the National Service Act.

“ 485.—(1.) The service to be rendered by a person under subsection (2.) of section 33, or sub-section (8.) of section 51, of the National Service Act shall be—

(a) full-time training at a camp of continuous training for ninety-eight consecutive days; and

(b) part-time training—

(i) at a camp or camps of continuous training for a total period of forty-two days; and

(ii) at parades (consisting of week-end bivouacs or courses, whole day, half-day and night parades), or at a camp or camps of continuous training, for a total period of thirty-six days.

“ (2.) The service to be rendered by a member of the Citizen Forces under sub-section (10.) of section 51 of the National Service Act shall be—

(a) full-time training in accordance with paragraph (a) of the last preceding sub-regulation for the number of days by which the number of days on which he has rendered service in full-time training for the purposes of that Act is loss than ninety-eight days ; and

(b) part-time training in accordance with paragraph (b) of the last preceding sub-regulation for the number of days on which he has rendered service in part-time training for the purposes of that Act is less than seventy-eight days.”.

Duties of legal officers.

13. Regulation 582 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (5.) A barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth approved by the

Director of Legal Services for the purposes of sub-regulation (1.) of regulation 334 of these Regulations may perform a duty or exercise a power of a legal officer under paragraph (a), (b), (f), (g) or (h) of sub-regulation (1.) of this regulation and a duty so performed or a power so exercised shall, for all purposes, be deemed to be the performance of the duty or the exercise of the power by a legal officer.”.

Repeal of Part IX.

14. Part IX. of the Australian Military Regulations is repealed.

 

Overview

The Australian Military Regulations, 1955, were enacted under the Defence Act 1903-1953, addressing the need to update and streamline military governance and administration within the Australian Defence Force. The regulations were designed to modernise and clarify the existing framework governing the military, including aspects such as command structures, training, and legal proceedings. This legislative instrument was introduced by the Parliament of Australia to ensure that the regulations reflect contemporary military practices and operational requirements. The overarching policy objective was to enhance the efficiency, effectiveness, and accountability of the military by providing a clear and updated set of rules and procedures. The Australian Military Regulations, 1955, introduced several amendments aimed at modernising the military governance structure. These changes included the redefinition of command roles, the updating of training protocols, and the clarification of legal officer duties. By removing outdated references to military districts and replacing them with the term "Command," the regulations sought to align with the evolving organisational structure of the Australian Defence Force. Additionally, the inclusion of approved legal practitioners from the High Court or Supreme Courts in the duties of legal officers aimed to ensure that military legal proceedings met the highest standards of judicial integrity and expertise.

Scope and Application

The Australian Military Regulations, as amended, govern various aspects of military conduct, administration, and operational procedures within the Australian Defence Force (ADF). These regulations apply to all military personnel, including commissioned officers, non-commissioned officers, and enlisted members across all branches of the ADF, as well as to entities such as military commands, bases, and units. The regulations also extend to civilians employed by or on behalf of the military, as well as to certain conduct and transactions that fall within the purview of military operations and administration. The geographic reach of these regulations is national, applying uniformly across all states, territories, and Commonwealth areas in Australia. However, certain regulations may have specific exclusions or thresholds, such as those related to ceremonial standards and honours, which may not apply in all circumstances or to all personnel. The application and interpretation of these regulations may be further defined or extended through subordinate instruments, such as orders or directions issued by the Defence Force or relevant authorities.

Key Provisions

The Australian Military Regulations, as amended, contain several key provisions that govern military conduct and administrative procedures. Regulation 2 (section 1) removes the sections related to ceremonial standards and honours and salutes, thus simplifying the document by omitting these areas. Regulation 3 (section 2) updates the definition of "Formation, &c." by removing "Military District," to reflect current military structure. Regulation 12 (section 3) revises the powers of formation commanders, removing the reference to district commandants during wartime. Regulation 41 (section 4) changes the sub-heading from "Areas" to "Areas," effectively making a minor textual adjustment without altering the content's scope. The repeal of Regulations 41 and 41a (section 5) removes outdated provisions that are no longer applicable. Regulation 68 (section 6) modifies the precedence of Corps by changing the order of military districts to the order of Commands as specified in the appointing instrument under section 8 of the Act. These amendments impose specific obligations on military personnel and commanders. For instance, Regulation 12 (section 3) requires commanders to follow updated procedures for exercising their powers, while Regulation 68 (section 6) mandates adherence to the new precedence structure for Corps. Additionally, Regulation 334 (section 9) imposes a new restriction on individuals who have participated in court-martial proceedings from advising on those proceedings before or after confirmation. Violating these regulations can lead to various penalties and consequences. While the specific penalties are not detailed in the text, breaches of military regulations generally result in disciplinary action, which may include fines, imprisonment, or other administrative penalties. Furthermore, failure to comply with court-martial regulations, as outlined in Regulation 334 (section 9), could result in additional legal consequences for the individuals involved.

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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.