Statutory Rules
1979 No. 30
REGULATIONS UNDER THE DEFENCE ACT 19031
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.
Dated this twenty-first day of February 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services for an on
behalf of the Minister of State for Defence
_______________
AMENDMENTS OF THE AUSTRALIAN MILITARY
REGULATIONS2
1 Appointment
Regulation 97 of the Australian Military Regulations is amended–
(a) by omitting from sub-regulation (1) “Australia” and substituting “the Commonwealth,”; and
(b) by inserting in sub-regulation (1) “and an officer of the Royal Australian Army Dental Corps may be appointed Honorary Dental Surgeon to the Governor-General,” after “Governor-General,”.
2 Authority to discharge soldiers
Regulation 175 of the Australian Military Regulations is amended–
(a) by inserting after paragraph (a) of sub-regulation (2) the following paragraph:
“(aa) the Deputy Chief of Personnel;”; and
(b) by omitting paragraph (e) of sub-regulation (2).
NOTES
1. Notified in the Commonwealth of Australia Gazette on 27 February 1979.
2. Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 20 and see also Statutory Rules 1979 No. 20.
Overview
The Statutory Rules 1979 No. 30, enacted on 21st February 1979, are Regulations made under the Defence Act 1903 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations aim to amend the Australian Military Regulations to update certain administrative details and roles within the military framework. The primary problem or gap these regulations seek to address includes the need to reflect changes in the structure and nomenclature of military appointments and the authority to discharge soldiers. The policy objective appears to be ensuring that the military regulations remain current and reflective of the evolving administrative and operational requirements of the Defence Act 1903.
Scope and Application
The Statutory Rules 1979 No. 30, made under the Defence Act 1903, pertain specifically to the amendments of the Australian Military Regulations, impacting the Commonwealth's military governance and operational procedures. These regulations apply to military personnel, including officers of the Royal Australian Army Dental Corps who may be appointed as Honorary Dental Surgeons to the Governor-General, and to the authority figures responsible for discharging soldiers, such as the Deputy Chief of Personnel. The geographic and jurisdictional reach of these regulations is limited to the Commonwealth of Australia, ensuring that they are applicable within the federal sphere. The regulations modify existing rules to reflect changes in the military hierarchy and the scope of appointments, thereby extending or restricting certain authorities as specified. These amendments do not introduce new exclusions or exemptions but refine the existing framework, ensuring that the regulations remain current and relevant to the operational needs of the Australian Defence Force.
Key Provisions
The Regulations under the Defence Act 1903, made on 21 February 1979, bring about specific changes to the Australian Military Regulations. Firstly, Regulation 97 is amended to modify the scope of appointments to the role of Honorary Surgeon to the Governor-General. The term "Australia" is replaced with "the Commonwealth," thereby clarifying the geographical extent of the appointment. Furthermore, an officer of the Royal Australian Army Dental Corps can now be appointed as an Honorary Dental Surgeon to the Governor-General, expanding the categories of eligible officers for this honorary role. This amendment ensures that the honorary positions are inclusive of relevant medical specialists within the Defence force.
These Regulations impose certain obligations and requirements on the Defence force and its personnel. The alteration in Regulation 97 requires that appointments to the honorary roles of Surgeon or Dental Surgeon to the Governor-General be made with consideration of the updated criteria, which now includes officers from the Royal Australian Army Dental Corps. The insertion of the Deputy Chief of Personnel in Regulation 175, sub-regulation (2), adds a new authority figure who can now discharge soldiers, reflecting changes in the chain of command or operational structure within the Defence force.
Non-compliance with these Regulations could lead to significant consequences, though specific offences, penalties, or consequences are not detailed within the provided text. Typically, breaches of Defence-related Regulations could result in disciplinary actions against the involved personnel, administrative penalties, or even legal proceedings depending on the severity and nature of the breach. However, the exact nature of these penalties would be defined in other parts of the Defence Act or related legislative instruments not included in this excerpt.