Australian Military Regulations (Amendment)

Overview

The Statutory Rules of 1962, No. 69, comprise Regulations made under the Defence Act 1903-1956, introduced to address various administrative and procedural gaps within the military framework. Enacted by the Administrator of the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council, these regulations aim to refine and update the Australian Military Regulations. They include amendments to leave provisions for ill members, adjustments to the appointment of Honorary Colonels, modifications to long service medals, changes in the sentencing powers of courts martial, and the introduction of provisions for granting additional recreation leave when members of the Permanent Forces fall ill or are injured while on leave. The overarching policy objective is to ensure that the military regulations are current, practical, and reflective of contemporary needs and standards.

Scope and Application

The Statutory Rules 1962 No. 69, Regulations under the Defence Act 1903-1956, made by the Administrator of the Government of the Commonwealth of Australia, encompass amendments to the Australian Military Regulations. These regulations apply to members of the Australian Military Forces, including both Permanent and Citizen Military Forces, as well as to entities such as regiments within the Royal Australian Armoured Corps, Royal Australian Infantry Corps, and the Australian Cadet Corps. The amendments concern various aspects of military service, including leave policies, honorary colonel appointments, military titles upon discharge, war service recognition, and provisions for additional recreation leave in cases of illness or injury. The geographic reach of these regulations is national, impacting all military personnel and units within Australia. The regulations do not explicitly mention any exclusions or thresholds but are designed to refine and update military practices in alignment with the Defence Act 1903-1956. The application and enforcement of these regulations may be further extended or specified through subordinate instruments as deemed necessary by the Commonwealth Government.

Key Provisions

The Regulations under the Defence Act 1903-1956, made in 1962, introduce several amendments and repeals to the Australian Military Regulations. Firstly, Regulation 2 is amended by removing the section regarding leave of absence on ground of illness for the Permanent Forces (section 1). Secondly, Regulation 98 is amended to revise the appointment of Honorary Colonels. Specifically, for the Royal Australian Armoured Corps and the Royal Australian Infantry Corps, there will now be one Honorary Colonel for each regiment of those Corps, and for the Australian Cadet Corps, there will be eight Honorary Colonels (section 2). Thirdly, Regulation 192 is amended to change the wording of the long service medal that will be granted on discharge from the military (section 3). Furthermore, Regulation 216 is amended to remove the power of a court martial to sentence an offender to imprisonment with or without hard labour (section 4). Additionally, Regulation 465a is repealed and replaced with a new regulation allowing members of the Permanent Forces to receive additional recreation leave if they become ill or injured while on leave, provided they furnish a certificate from a qualified medical practitioner (section 5). Lastly, Division 5 of Part XIII of the Australian Military Regulations is repealed (section 6). The Regulations impose several obligations and requirements on the parties governed by them. Firstly, Honorary Colonels must now be appointed according to the new structure outlined in Regulation 98. Secondly, the long service medal granted on discharge will now be a long service medal appropriate to the Military Forces as per Regulation 192. Thirdly, court martials must now follow the amended Regulation 216 and no longer have the power to sentence an offender to imprisonment with or without hard labour. Lastly, members of the Permanent Forces must furnish a certificate from a qualified medical practitioner if they become ill or injured while on recreation leave to be eligible for additional leave under Regulation 465a. The Regulations also introduce penalties and consequences for breaches. Firstly, members who fail to comply with the requirements for additional recreation leave under Regulation 465a may not be granted the additional leave. Secondly, Honorary Colonels who are not appointed according to the new structure outlined in Regulation 98 may be subject to disciplinary action. Lastly, court martials that continue to sentence offenders to imprisonment with or without hard labour may be acting outside their legal powers, which could result in the sentences being overturned on appeal. However, the Regulations do not specify any maximum penalties for breaches.