Australian Military Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 138, made under the Defence Act 1903-1965, were enacted to amend the Australian Military Regulations. The regulation specifically reduces the period for which members of the military can be re-engaged from four years to two years. This regulatory change was made by the Administrator of the Government of the Commonwealth of Australia, Henry Abel Smith, with the advice of the Federal Executive Council, and it was issued on 18 September 1965. The purpose of this amendment is to modify the conditions under which military personnel can be re-engaged, impacting their service duration and potentially their career progression within the armed forces. The regulation was notified in the Commonwealth Gazette on 23 September 1965 and aims to address specific operational or administrative needs within the Defence Act framework.

Scope and Application

The Statutory Rules 1965 No. 138, made under the Defence Act 1903-1965, amends the Australian Military Regulations by modifying the conditions for the re-engagement of military personnel. This legislative instrument applies to all individuals and entities within the Australian Defence Force, including members of the Army, Navy, and Air Force, as well as any civilian employees governed by these regulations. It impacts the conduct and transactions related to the re-engagement of personnel, particularly the reduction of the minimum service period required before re-engagement from four years to two years, as specified in Regulation 140. The regulation has a national reach within Australia, applying to all military personnel and relevant entities across the Commonwealth. The regulation does not explicitly state exclusions or exemptions but implies that it applies broadly to all relevant personnel within the scope of the Australian Defence Force, unless otherwise specified through subordinate instruments or additional legislation. The scope and application of this amendment may be further defined or extended by subsequent legislative or administrative actions.

Key Provisions

This statutory rule amends Regulation 140 of the Australian Military Regulations under the Defence Act 1903-1965. Specifically, it changes the duration of re-engagement for members of the Defence Force from four years to two years (Reg. 140(2)(b)). This amendment is intended to provide greater flexibility in managing the terms and conditions of service for members of the Australian Defence Force. The obligations imposed by this amendment include a requirement for all members of the Defence Force who are subject to Regulation 140 to comply with the new re-engagement period of two years. This means that those who re-enlist under this regulation will now be bound to their service for a shorter duration than previously stipulated. The regulation likely applies to all branches of the Defence Force, including the Army, Navy, and Air Force, and affects both full-time and part-time personnel. Failure to comply with the terms of this regulation could result in administrative or disciplinary action. However, the specific consequences for breach are not outlined in the statutory rule itself. It is likely that non-compliance could lead to breaches of service agreements, which might involve financial penalties, loss of benefits, or other disciplinary measures as determined by the Defence Force hierarchy. The statutory rule does not specify criminal or civil penalties for breach, but it can be inferred that the Defence Force has internal mechanisms to address and penalise such breaches according to its own rules and regulations.