STATUTORY RULES
1965 No. 174
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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*
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 1903-1965.
Dated this twenty-fifth day of November, 1965.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
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Amendments of the Australian Military Regulations†
Sub-division of Regulations.
1. Regulation 2 of the Australian Military Regulations is amended by omitting the words and figures—
“Divisions 4.—Enlistment and re-engagement ....... 135-141aa”
and inserting in their stead the words and figures—
“Division 4.—Enlistment and Re-engagement ....... 135-141”.
Definitions.
2. Regulation 3 of the Australian Military Regulations is amended—
(a) by inserting, after the definition of “Military prisoner”, the following definitions:—
“ ‘National serviceman’ has the same meaning as in the National Service Act;
‘National service officer’ has the same meaning as in the National Service Act;” and
(b) by adding at the end thereof the following sub-regulations:—
“(5.) Where a power to impose on an officer or soldier a punishment of reduction in rank is conferred by these Regulations or by the Army Act in its application to and in relation to members of the Military Forces, that power shall be construed as including, in the case of an officer or soldier promoted to a higher rank temporarily—
(a) the power to revert the officer or soldier to the rank held by him immediately before his temporary promotion; and
* Notified in the Commonwealth Gazette on 2 December, 1965.
† Statutory Rules 1927, No. 149, as amended to date. For subsequent amendments of the Australian Military Regulation see footnote † to statutory Rules 1965, No. 61, and see also Statutory Rules 1965, No. 61, 72, 116 and 119.
12976/65.—Price 1s. (10c) 10/15.11.1965
(b) if there is an appointment available on the establishment of the Military Forces the rank for which is lower than the rank to which the officer was temporarily promoted and higher than the rank held by the officer or soldier immediately before his temporary promotion—the power to reduce him to the rank for that appointment.
“(6.) Where an officer or soldier has been reduced in rank in accordance with paragraph (b) of the last preceding sub-regulation, he holds the rank to which he has been reduced while he performs the duties of the appointment referred to in that paragraph and for such further period (if any) as the Military Board approves.”.
3. Regulations 141 and 141aa of the Australian Military Regulations and the heading preceding regulation 141 are repealed and the following regulation is inserted in their stead:—
Prescribed service for the purposes of section 51 (7.) and (8.) of the National Service Act.
“141.—(1.) This regulation applies to persons to whom sub-sections (7.) and (8.) of section 51 of the National Service Act apply.
“(2.) The service to be rendered under the National Service Act by a person to whom this regulation applies is, for the period for which he is deemed to be engaged or re-engaged in accordance with section 27 of that Act, continuous full time military service that members of the Regular Army Supplement are required to render under the Defence Act or under regulations made under the Defence Act.”.
4. Regulations 142 to 146 (inclusive) of the Australian Military Regulations are repealed and the following regulations inserted in their stead:—
Authority to appoint and promote warrant officers and non-commissioned officers.
“142. The appointment of a person, or the promotion of a soldier, to the rank of warrant officer or to the rank of non-commissioned officer may be made by—
(a) the Adjutant-General; or
(b) by an officer authorized for the purposes of this regulation by the Adjutant-General, but subject to such limitations and restrictions as are specified by the Adjutant-General in the instrument of authority.
Temporary promotion.
“143.—(1.) Where a soldier is posted to an appointment on the establishment of the Military Forces the rank for which is a rank higher than the rank held by the soldier, the soldier may be promoted to that rank temporarily.
“(2.) A soldier promoted to a rank temporarily under the last preceding sub-regulation holds the rank whilst he performs the duties of the appointment to which he was so posted and for such further period (if any) as the Military Board approves.”.
Qualifications for appointment or promotion in the Military Forces.
5. Regulation 147 of the Australian Military Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “by D.A. 21b and”;
(b) by omitting from that sub-regulation the word “Permanent” and inserting in its stead the word “Military”;
(c) by omitting from sub-regulation (2.) the word “Permanent” and inserting in its stead the word “Military”;
(d) by omitting from sub-regulation (3.) the word “Permanent” and inserting in its stead the word “Military”;
(e) by inserting in sub-regulation (4.), after the words “in time of war”, the words “or in time of defence emergency”; and
(f) by omitting from that sub-regulation the word “Permanent” and inserting in its stead the word “Military”.
Repeal of regulations 148-159.
6. Regulations 148 to 159 (inclusive) of the Australian Military Regulations are repealed.
Rank in excess of establishment to be terminated.
7. Regulation 160 of the Australian Military Regulations is amended—
(a) by omitting the words “or appointment”;
(b) by omitting the word “should” and inserting in its stead the word “shall”; and
(c) by omitting sub-regulation (2.).
8. Regulation 160a of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—
Soldiers not to be promoted after reaching age for compulsory retirement.
“160a. Except as provided in regulation 143 of these Regulations, a soldier who has attained the age for compulsory retirement applicable to him under sub-regulation (2.) or (3.) of regulation 191 of these Regulations shall not be promoted to a higher rank than that held by him immediately before he attained that age.”.
9. Regulations 161 and 162 of the Australian Military Regulations are repealed and the following regulation inserted in their stead:—
Reduction in rank of warrant officers and non-commissioned officers.
“161.—(1.) The Military Board or an officer not below the rank of Brigadier authorized by the Military Board for the purpose may, for inefficiency or unsuitability, reduce a warrant officer to a lower rank, to the ranks or in seniority in rank.
“(2.) The Military Board or an officer not below the rank of Colonel authorized by the Military Board for the purpose, may, for inefficiency or unsuitability, reduce a non-commissioned officer to a lower rank, to the ranks or in seniority in rank.
“(3.) The power conferred by either of the last two preceding sub-regulations shall not be exercised unless the warrant officer or non-commissioned officer, as the case may be, has been notified in writing of the grounds on which the proposed reduction is to be made and has been given an opportunity of showing cause why the proposed reduction should not be made.
“(4.) For the purposes of its application to the Military Forces, A.A.183 shall be read—
(a) as if in sub-section (2), after the words ‘Army Council’, (wherever occurring), there were inserted the words ‘or the Military Board of the Commonwealth of Australia’;
(b) as if in sub-section (2), after the words ‘commanding-in-chief’ there were inserted the words ‘or commanding a body of the Military Forces of the Commonwealth of Australia’;
(c) as if sub-section (3) were omitted and the following sub-section inserted in its stead:—
‘(3) A non-commissioned officer may, by sentence of a court-martial, be ordered—
(a) to be reduced in rank; or
(b) to forfeit seniority in rank, either in addition to or without any other punishment, in respect of an offence;’; and
(d) as if sub-section (4) were omitted and the following sub-section inserted in its stead:—
‘(4) A non-commissioned officer sentenced by court-martial to imprisonment or detention shall, by force of the sentence, be reduced to the ranks;’ ”.
Repeal of regulations 164 and 165.
10. Regulations 164 and 165 of the Australian Military Regulations are repealed.
11. Regulation 176 of the Australian Military Regulations is amended by omitting from sub-regulation (1.) the words—
Reasons for discharge.
“For the purposes of section 44 of the Act, each of the following reasons is a reason for the discharge of a soldier:—”
and inserting in their stead the words—
“For the purposes of section 44 of the Act, each of the following reasons is a reason for the discharge of a soldier, other than a national serviceman:—”.
Order for the discharge of a soldier.
12. Regulation 177 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “last preceding regulation”, the words “or, in the case of a national serviceman, for a reason specified in sub-section (2.), (3.), (5.) or (6.) of section 35b of the National Service Act,”.
Military title on discharge.
13. Regulation 192 of the Australian Military Regulations is amended—
(a) by inserting after sub-regulation (6.) the following sub-regulation:—
“(6a.) Nothing in this regulation authorizes a person who is granted a military title under this regulation and again becomes a member of the Military Forces—
(a) to wear the uniform or badges appropriate to that military title;
(b) to use that military title;
(c) to use, or to hold himself out as being entitled to use that military title,
while he remains a member of the Military Forces unless he holds as such a member the same rank as that military title.”; and
(b) by omitting paragraph (b) of sub-regulation (7.) and inserting in its stead the following paragraphs:—
“(b) service in the Regular Army Emergency Reserve;
(ba) service in the Regular Army Reserve when called out for continuous full time service; or”.
Exemption from State laws in certain cases.
14. Regulation 201 of the Australian Military Regulations is amended by omitting sub-regulations (2.) and (5.).
Penalties.
15. Regulation 215 of the Australian Military Regulations is amended—
(a) by omitting sub-paragraph (iii) of paragraph (a) of sub-regulation (1.) and inserting in its stead the following sub-paragraph:—
“(iii) Reduction in rank or classification either in the Military Forces or in the corps to which the officer belongs or in both.”;
(b) by omitting sub-paragraph (iv) of paragraph (b) of sub-regulation (1.) and inserting in its stead the following sub-paragraph:—
“(iv) In the case of a non-commissioned officer, reduction in rank”;
(c) by omitting from sub-paragraph (ii) of the proviso in sub-regulation (1.) the words “or grade”;
(d) by omitting sub-paragraph (iv) of the proviso in sub-regulation (1.);
(e) by omitting sub-paragraphs (viii) and (ix) of the proviso in sub-regulation (1.) and inserting in their stead the following sub-paragraph:—
“(viii) An officer may be sentenced to dismissal and to imprisonment but shall not be sentenced to imprisonment unless he is also sentenced to dismissal.”; and
(f) by omitting sub-paragraph (ii) of paragraph (a) of sub-regulation (2.) and inserting in its stead the following sub-paragraph:—
“(ii) Reduction in rank.”.
Modifications and adaptations of A. A. 44. (War Service).
16. Regulation 216 of the Australian Military Regulations is amended—
(a) by omitting sub-paragraph (i) of paragraph (a) and inserting in its stead the following sub-paragraph:—
“(i) As if next after paragraph (e) there were inserted the following paragraph:—
‘(ee) Reduction in rank or classification either in the Military Forces of the Commonwealth of Australia or in the corps of those Forces to which the officer belongs or in both’; and”;
(b) by omitting sub-paragraph (ia) of paragraph (b) and inserting in its stead the following sub-paragraph:—
“(ia) As if paragraph (m) were omitted and the following paragraph inserted in its stead:—
‘(m) In the case of non-commissioned officer—
(i) reduction in rank; or
(ii) forfeiture, in the prescribed manner, of seniority of rank;’; and”; and
(c) by omitting from sub-paragraph (v) of paragraph (c) the paragraph numbered “(16)” and inserting in its stead the following paragraph:—
“ ‘(16) A sentence of dismissal or discharge from the Defence Force of the Commonwealth of Australia, or of forfeiture of seniority of rank or classification, or of reduction in rank or classification, a fine or an order under paragraph (15) of this proviso, may be imposed in addition to any punishment provided by this Act for an offence.’”.
Modifications of A. A. 182. (War Service).
17. Regulation 217 of the Australian Military Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—
“(b) As if sub-paragraph (a) of paragraph (2) were omitted and the following sub-paragraph were inserted in its stead:—
‘(a) by a district court-martial to any one or more of the following punishments:—
(i) to be severely reprimanded or reprimanded;
(ii) to such forfeitures, fines and stoppages as are allowed by this Act or the Defence Act of the Commonwealth of Australia or any regulations made under that Act; or
(iii) to be dismissed from the service, or to be reduced in rank, or to forfeit seniority of rank by being reduced to the bottom or any other place in the list of the rank that he holds; or’ ”.
Terminal Leave National Servicemen.
18. After regulation 471 of the Australian Military Regulations the following regulation is inserted:—
“472. Subject to such conditions as the Military Board determines, an officer authorized by the Military Board to do so may grant to a national serviceman or national service officer who is about to be discharged from the Regular Army Supplement leave of absence, called ‘terminal leave’ for such period not exceeding seven days as the authorized officer directs.”.
Repeal of regulations 485, 485a and 485b.
19. Regulations 485, 485a and 485b of the Australian Military Regulations are repealed.
Period of training—members of Citizen Forces.
20. Regulation 486 of the Australian Military Regulations is amended by omitting the words “, not being persons called up for service in accordance with the National Service Act,”.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.