Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00063 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 508.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

I, THE DEPUTY OF 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 thirteenth day of November, 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

Constitution of Military Board.

1. Regulation 21 of the Australian Military Regulations is amended by omitting from sub-regulation (1.) the words “The Business Member”.

Recommendations and decisions of Military Board.

2. Regulation 29 of the Australian Military Regulations is amended by omitting from sub-regulation (2.) the words “sub-regulation (2.) of the next succeeding regulation” and inserting in their stead the words “regulation 30a of these Regulations”.

Responsibilities of members.

3. Sub-regulation (2.) of regulation 30 of the Australian Military Regulations is repealed.

4. After regulation 30 of the Australian Military Regulations the following regulation is inserted:—

Business adviser.

“30a.—(1) The Minister may appoint a Business Advisor to hold office for such period as the Minister determines.

(2) The Quartermaster General, the Master-General of the Ordnance, or the Finance Member, as the case requires, shall consult the Business Adviser upon all matters included in the following categories:—

(a) Any matter or class of matters which is required to be referred to the Board of Business Administration;

 

* Notified 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, No. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 99 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 20, 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 and              .


(b) The business aspect of any matter or class of matters the business aspect of which the Minister or the Military Board directs to be referred to the Business Adviser; and

(c) Any other matter on which the Head of any Branch at the Head-quarters of the Military Forces desires that the Business Adviser should be consulted before their submission to the Minister or the Military Board:

Provided that prior consultation of the Business Adviser shall not be necessary before approval is given to any project which is of urgent strategic or operational importance.

(3) Action contrary to the written advice of the Business Adviser, in respect of any matter referred to him under the provisions of sub-regulation (2.) of this regulation, shall not be taken except with the approval—

(a) in any matter falling within the scope of the authority of the Military Board, of the Military Board; or

(b) when the powers and functions of the Military Board are vested in an officer appointed to command the Military Forces in time of war, in any matter falling within the scope of the authority of that officer, of that officer or of the Lieutenant-General in Charge of Administration acting on his behalf; or

(c) of the Minister.

(4) Where in any case an approval is given in pursuance of paragraph (a) or (5) of the last preceding sub-regulation, the Board or officer giving the approval shall, as soon as possible thereafter, forward a report setting out the particulars thereof to the Minister.”.

 

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

Overview

The Statutory Rules 1942 No. 508, made under the Defence Act 1903-1941, were introduced to address the need for streamlined decision-making processes within the military hierarchy during wartime. Enacted by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council, these regulations sought to enhance the efficiency and effectiveness of the Military Board by clarifying roles and responsibilities. The policy objective was to ensure that military operations were supported by well-coordinated administrative and financial oversight, particularly in light of the urgent demands of World War II.

Scope and Application

The Regulations under the Defence Act 1903-1941, as amended, apply to the Australian Military Regulations and specifically address the composition and functions of the Military Board, including the appointment of a Business Adviser. This legislation is applicable at the Commonwealth level, impacting the military hierarchy and operational protocols. The Regulations detail the responsibilities of Military Board members, the process for referring matters to the Board, and the conditions under which the Business Adviser's advice must be sought. The amendments seek to streamline the decision-making process by adjusting the references to regulations and clarifying the roles of specific military positions. Additionally, the Regulations establish that actions contrary to the Business Adviser’s advice require explicit approval from the Military Board or the Minister, depending on the context. The scope of the Act is further defined by its exclusions and provisions that ensure efficient and authoritative military administration during the specified period.

Key Provisions

The main operative sections of these regulations pertain to amendments of the Australian Military Regulations, specifically focusing on the constitution of the Military Board and the responsibilities of its members. Regulation 21 is amended to exclude the Business Member from the Board, while Regulation 29 is modified to change the reference from sub-regulation (2.) of the next succeeding regulation to regulation 30a. Furthermore, a new regulation, 30a, is introduced to establish the role of a Business Adviser who may be appointed by the Minister to provide advice on specific business-related matters. These regulations impose certain obligations on the parties involved. The Minister is tasked with the appointment of a Business Adviser to offer expert advice on business-related issues. Additionally, the Quartermaster General, the Master-General of the Ordnance, or the Finance Member, as applicable, are required to consult with the Business Adviser on matters that fall within the purview of the Board of Business Administration or those directed by the Minister or the Military Board. Furthermore, the Head of any Branch at the Headquarters of the Military Forces must consult with the Business Adviser before submitting any business-related matters to the Minister or the Military Board, except in cases of urgent strategic or operational importance. In the event of a breach of the regulations, particularly when action is taken contrary to the written advice of the Business Adviser, the regulations do not explicitly outline specific offences, penalties, or consequences. However, it is implied that such actions must receive approval from the Military Board, the officer appointed to command the Military Forces in time of war, or the Minister, depending on the circumstances. In such cases, the Board or officer granting approval must promptly forward a report to the Minister detailing the particulars of the approval given.

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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.