Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00067 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 556.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this thirtieth day of December, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellencys Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

1. Regulation 32 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

Signature of documents on behalf of officer commanding Military Forces in time of war.

(2.) When the powers and functions of the Military Board are vested in an officer appointed to command the Military Forces in time of war, any warrant, order, recommendation, decision, approval, map, plan or other document of any description issued, given or made, or authorized to be issued, given or made, by that officer may be evidenced by a writing or representation signed by that officer, or by the Chief of the General Staff, the Lieutenant-General in Charge of Administration, the Adjutant-General, the Quartermaster-General or the Master-General of the Ordnance under his authority or on his behalf, and a writing or representation purporting to bear the signature, or a facsimile of the signature, of that officer, or of the officer signing under his authority or on his behalf as provided in this regulation, shall be admissible in evidence without proof of the signature or appointment or authority of the person whose signature, or facsimile of signature, it purports to bear..

 

* Notilied in the Commonwealth Gazette on      , 1942.

† 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; 1939, Nos. 81, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; and 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477 and

8375.—Price 3d.        22/30.11.1942.


Prescribed service.

2. Regulation 140a of the Australian Military Regulations is amended—

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

“(1.) Every person called upon in pursuance of D.A.60 to enlist and serve in the Citizen Forces shall, notwithstanding any claim to exemption—

(a) attend at such time and place as is specified in any notice issued from time to time in accordance with this regulation for the purpose of medical and other examinations and for enlistment and service, if required, and give such information as an officer requires; and

(b) unless he is exempt from liability so to do, enlist in the prescribed manner, if and when so required.;

(b) by omitting from sub-regulation (2.) the words by notice issued in accordance with this regulation and inserting in their stead the words , whether by notice issued in accordance with this regulation or otherwise”; and

(c) by adding at the end thereof the following sub-regulation:—

(6.) A person required to attend for examination shall be entitled to pay at the same rate as a private soldier of the Citizen Military Forces from the time at which he attends, in accordance with a notice issued under this regulation, until he is released from attendance..

Enrolment of persons liable to serve in the Citizen Forces in time of war.

3. Regulation 141a of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the words in the Reserve Forces and inserting in their stead the word therein;

(b) by inserting in paragraph (a) of sub-regulation (2.), after the word Force, the words who are performing continuous full time service under that enlistment or appointment;

(c) by omitting sub-regulations (8.) and (8a.) and inserting in their stead the following sub-regulation:—

(8.) Any person enrolled in accordance with this regulation who—

(a) changes his address, or

(b) changes his employment, industry or occupation, shall, within seven days of that change, notify the full particulars thereof—

(i) in the case of a change of address, where the former address and the new address are in the same area, to the Area Officer of that area;

(ii) in the case of a change of address from a place in one area to a place in another area, to the Area Officer of each of those areas;

(iii) in the case of a change of employment, industry or occupation, to the Area Officer of the area in which he resides.; and


(d) by omitting from sub-regulation (9.) the words occupation, or marital state and inserting in their stead the words or occupation.

Amendment of Appendix IIla.

4. Form M.3a in Appendix IIIa. to the Australian Military Regulations is amended—

(a) by omitting the figures 1939 and inserting in their stead the figures 1941;

(b) by omitting the words (Persons subsequently marrying should at once notify the Area Officer of the Area in which they are enrolled.);

(c) by omitting the words from or to a reserved occupation and inserting in their stead the words of employment, industry or occupation; and

(d) by omitting the words—

Initials and Name of Employer

Postal Address of Employer

and inserting in their stead the words—

Name and address of person, company or Government Department or authority by whom or by which employed.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Defence Act 1903-1941 was enacted by the Parliament of Australia to provide a legal framework for the country's defence forces. This legislation aimed to establish the Defence Force, regulate its composition, and define the roles and responsibilities of military personnel. The 1942 Statutory Rules under the Defence Act 1903-1941, specifically Statutory Rules 1942, No. 556, introduced amendments to the Australian Military Regulations to address the evolving needs and circumstances during wartime. These amendments were made with the intent to streamline administrative processes and enhance the efficiency of military operations during a period of heightened conflict. The regulations were enacted by the Governor-General in Council, reflecting the urgency and importance of these wartime adjustments to the military governance structure.

Scope and Application

The Statutory Rules, specifically No. 556 of 1942, represent amendments made to the Australian Military Regulations under the Defence Act 1903-1941. These regulations primarily apply to officers appointed to command the Military Forces in times of war and individuals enlisted in the Citizen Forces. They establish protocols for the issuance and admissibility of documents signed by authorised officers and outline procedures for the enlistment, examination, and enrolment of individuals liable to serve in the Citizen Forces during wartime. The geographic and jurisdictional reach of these regulations is inherently national, given they are made under an Act of the Commonwealth of Australia. While the primary amendments relate to the administrative and procedural aspects of military command and enlistment, they do not explicitly state exclusions or thresholds but are subject to the overarching provisions of the Defence Act and other relevant military regulations. The application of these regulations may be further extended or refined through subordinate instruments, as permitted under the Defence Act.

Key Provisions

The Regulations under the Defence Act 1903-1941, specifically Statutory Rules 1942, No. 556, introduce several amendments to the Australian Military Regulations. One significant amendment pertains to the signature of documents on behalf of the officer commanding the Military Forces during wartime (Regulation 32). According to this amendment, any warrant, order, recommendation, or document issued by the commanding officer or under his authority can be evidenced by a signature or facsimile of a signature from the officer himself or from specified senior officers acting on his behalf. These documents are admissible in evidence without requiring proof of the signatory's authority, provided the signature appears authentic. The Regulations also impose obligations on individuals called upon to enlist and serve in the Citizen Forces. Under Regulation 140a, individuals must attend for medical and other examinations as specified in notices issued pursuant to D.A.60 and provide required information. They must also enlist when required, unless exempt. Furthermore, those required to attend for examination are entitled to pay at the same rate as a private soldier from the time of attendance until released. Regulation 141a mandates that individuals enrolled in the Citizen Forces notify their Area Officer within seven days of changes to their address or employment, industry, or occupation. Additionally, the Regulations amend Form M.3a in Appendix IIIa, updating certain details and removing references to reserved occupations, thereby broadening the scope of employment-related information required. These amendments ensure that the documentation and administrative processes within the Citizen Forces are kept current and reflective of the evolving wartime context. Failure to comply with these Regulations may result in civil or criminal consequences, although the specific penalties are not detailed in the text provided. Generally, under Australian law, breaches of military regulations can lead to fines, imprisonment, or other penalties as stipulated by the Defence Act or relevant military legislation.

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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.