Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00166 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1968 No.

REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this second day of August, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for the Army.

Amendments of the Australian Military Regulations

Precedence of Corps.

1. Regulation 68 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words—

“ The Royal Australian Infantry Corps,”,

the words—

“ The Australian Army Aviation Corps,”;

(b) by inserting in sub-regulation (1.), after the words—

“ The Australian Army Psychology Corps,”,

the words—

“ The Australian Army Band Corps,”; and

(c) by omitting from sub-regulation (2.) the words “under section 8 of the Act ”.

Qualifications for appointment as officer.

2. Regulation 72 of the Australian Military Regulations is amended—

(a) by inserting after sub-paragraph (vii) of paragraph (a) of sub-regulation (1.) the following sub-paragraph:—

(viia) The Australian Army Aviation Corps;”;

(b) by omitting from sub-paragraph (xvii) of paragraph (a) of sub-regulation (1.) the word “ and ”;

(c) by inserting after sub-paragraph (xvii) of paragraph (a) of subsection (1.) the following sub-paragraph:—

(xviia) The Australian Army Band Corps; and ”;

* Notified in the Commonwealth Gazette on                                          1968.

† 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. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1943, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957, No. 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 171; 1963, No. 28; 1964, Nos. 62, 83, 93 and 149; 1965, Nos. 61, 72, 116, 119, 138 and 174; 1966, Nos. 119 and 167; and 1967, Nos. 13, 118 and 168.

18709/68—Price 8c 10/9.7.1968


(d) by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“ (b) an officer of the Military Forces included on the Quartermaster List of a Corps,”;

(e) by omitting from paragraph (e) of sub-regulation (2.) the word “ or ”; and

(f) by inserting after paragraph (e) of sub-regulation (2.) the following paragraph:—

“ (ea) in the Australian Army Band Corps unless the officers appointed by the Adjutant-General to make recomendations under this paragraph have recommended to the Adjutant-General that the person be appointed an officer in that Corps; or ”.

Quartermaster Lists of officers.

3. Regulation 73 of the Australian Military Regulations is amended by omitting the words “ or the Bandmaster List ”.

Heading proceeding regulation 98.

4. The Australian Military Regulations arc amended by omitting the words—

Honorary Colonels and Colonels Commandant.”

 

preceding regulation 98 and inserting in their stead the words—

“ Honorary Colonels, Colonels Commandant and Regimental Colonels.”.

 

Appointment of Honorary Colonels and Colonels Commandant.

5. Regulation 98 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the words “ honorary rank ” (wherever occurring) and inserting in their stead the words “ military title ”;

(b) by inserting in paragraph (a) of sub-regulation (2.), after the words “ the Royal Australian Survey Corps,”, the words “ the Australian Army Aviation Corps,”;

(c) by inserting in paragraph (a) of sub-regulation (2.), after the words “ the Australian Army Psychology Corps ”, the words “, the Australian Army Band Corps ”; and

(d) by omitting sub-regulations (3.), (3a.), (4.), (5.) and (6.).

 

6. After regulation 98 of the Australian Military Regulations the following regulations are inserted:—

Appointment of Regimental Colonels.

“ 99. The Governor-General may appoint—

(a) a person on a retired list who, on his retirement, was granted the military title of lieutenant-colonel or a higher military title; or

(b) an officer holding the rank of lieutenant-colonel or a higher rank,

to be the Regimental Colonel of a regiment or battalion of a Corps.

Period of appointment of Honorary Colonels, Colonels Commandant and Regimental Colonels.

“ 100.—(1.) An Honorary Colonel, Colonel Commandant or Regimental Colonel holds office, subject to the next two succeeding sub-regulations, for such period, not exceeding four years, as is determined by the Governor-General at the time of his appointment.

 

 “ (2.) The Governor-General may extend the period for which an Honorary Colonel, Colonel Commandant or Regimental Colonel holds office for a period not exceeding two years.


 “ (3.) A person who holds office as Honorary Colonel, Colonel Commandant or Regimental Colonel at the commencement of a time of war continues to hold that office for the duration of the time of war.

 

 “ (4.) A person who has attained the age of sixty-five years is not eligible to be appointed an Honorary Colonel, Colonel Commandant or Regimental Colonel or to have his term of office extended under sub-regulation (2.) of this regulation.

 

 “ (5.) The preceding sub-regulations of this regulation do not apply in relation to the appointment of a Governor of a State as an Honorary Colonel or Colonel Commandant.”.

 

Ages for retirement of officers.

7. Regulation 124 of the Australian Military Regulations is amended by omitting from sub-regulation (1.) the table and inserting in its stead the following table:—

Corps, Service or Department

Rank or Appointment

General

Lieutenant-General

Major-General

Brigadier

Colonel

Lieutenant-Colonel

Major

Captain

Lieutenant

Second-Lieutenant

Quartermaster

The Australian Staff Corps............

62

60

57

55

55

50

47

47

47

47

55

The Royal Australian Armoured Corps....

62

60

57

55

55

50

47

47

47

47

55

The Royal Regiment of Australian Artillery

62

60

57

55

55

50

47

47

47

47

55

The Royal Australian Engineers.........

62

60

57

55

55

50

47

47

47

47

55

The Royal Australian Corps of Signals....

62

60

57

55

55

50

47

47

47

47

55

The Royal Australian Infantry Corps.....

62

60

57

55

55

50

47

47

47

47

55

The Australian Army Aviation Corps.....

62

60

57

55

55

50

47

47

47

47

55

The Australian Intelligence Corps.......

62

60

57

55

55

50

47

47

47

47

55

The Royal Australian Army Service Corps (other than the Australian Army Canteen Service) 

62

60

57

55

55

50

47

47

47

47

55

The Royal Australian Army Ordnance Corps (other than the Australian Army Printing and Stationery Service)             

..

..

..

57

57

53

50

50

50

50

55

The Royal Corps of Australian Electrical and Mechanical Engineers 

..

..

..

57

57

53

50

50

50

50

55

The Royal Australian Army Provost Corps

..

..

..

57

57

53

50

50

50

50

55

The Royal Australian Survey Corps......

..

..

60

57

57

55

55

55

55

55

55

The Royal Australian Army Chaplains’ Department 

..

..

60

57

57

55

55

55

55

55

55

The Australian Army Cantera Service.....

..

..

..

57

57

55

55

55

55

55

55

The Royal Australian Army Medical Corps.

..

..

60

57

57

55

55

55

55

55

55

The Royal Australian Army Dental Corps..

..

..

..

57

57

55

55

55

55

55

55

The Royal Australian Army Educational Corps

..

..

..

57

57

55

55

55

55

55

55

The Australian Army Catering Corps.....

..

..

..

57

57

55

55

55

55

55

55

The Royal Australian Army Pay Corps....

..

..

..

57

57

55

55

55

55

55

55

The Australian Army Legal Corps.......

..

..

..

57

57

55

55

55

55

55

55

The Australian Army Printing and Stationery Service 

..

..

..

57

57

55

55

55

55

55

55

The Australian Army Psychology Corps...

..

..

..

57

57

55

55

55

55

55

55

The Australian Army Band Corps.......

..

..

..

55

55

55

55

55

55

55

55

The Royal Australian Army Nursing Corps.

..

..

..

55

55

55

55

55

55

55

..

The Women’s Royal Australian Army Corps

..

..

..

55

55

55

55

50

50

50

..


Qualifications for promotion to N.C.O. or warrant rank.

8. Regulation 147 of the Australian Military Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—

“ (1.) Except as provided by regulation 143 of these Regulations or a succeeding sub-regulation of this regulation, where the Military Board determines that a soldier serving in a specified Corps or part of the Military Forces shall not be eligible for promotion to a specified rank unless he has qualified at a course of instruction or has passed an examination, being a course of instruction or examination approved by the Military Board, a soldier serving in that Corps or part is not eligible for promotion to that rank unless he has so qualified or passed that examination.”; and

(b) by omitting from sub-regulation (4.) the words “ sub-regulations (1.) and (2.) ” and inserting in their stead the words “ sub-regulation (1.) ”.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

Statutory Rules 1968 No. 166, made under the Defence Act 1903-1966, was enacted to update and amend the Australian Military Regulations, providing more streamlined and modernised regulations for the Australian military. This legislation was introduced by the Governor-General in accordance with the advice of the Federal Executive Council and serves to address and rectify various administrative and operational discrepancies within the existing military regulations. The aim of these amendments is to ensure that the military regulations are current, efficient, and reflective of the evolving needs of the Australian Defence Force. The regulations cover a range of updates, including the insertion of new military corps such as the Australian Army Aviation Corps and the Australian Army Band Corps, adjustments to the qualifications for officer appointments, modifications to the Quartermaster Lists of officers, and changes to the retirement ages for officers. Additionally, the regulations introduce provisions for the appointment of Regimental Colonels and outline the terms of service for Honorary Colonels, Colonels Commandant, and Regimental Colonels. These amendments aim to enhance the administration and efficiency of the military by incorporating necessary updates and clarifications.

Scope and Application

The Statutory Rules 1968 No. 166, made under the Defence Act 1903-1966, primarily concern amendments to the Australian Military Regulations. These regulations apply to various Corps within the Australian Defence Force, including the Royal Australian Infantry Corps, the Australian Army Aviation Corps, and the Australian Army Band Corps, among others. The regulations govern the precedence of corps, qualifications for officer appointments, and the age of retirement for officers. They also include provisions for the appointment of Honorary Colonels, Colonels Commandant, and Regimental Colonels, detailing the terms and conditions of their appointments and the maximum duration of their service, which can be extended during times of war. The Act applies to the Commonwealth of Australia and is enforced across all states and territories, as it pertains to the national defence force. Notably, the regulations do not specify any exclusions or exemptions; however, they do impose thresholds such as age limits for the appointment of Honorary Colonels, Colonels Commandant, and Regimental Colonels, and mandatory retirement ages for officers in different ranks and corps. The application of these regulations may be further defined or extended through subordinate instruments as necessary.

Key Provisions

The main operative sections of the Statutory Rules 1968 No. REGULATIONS UNDER THE DEFENCE ACT 1903-1966, involve amendments to the Australian Military Regulations. Firstly, Regulation 68 is amended to adjust the precedence of Corps by inserting the Australian Army Aviation Corps and the Australian Army Band Corps into the list (paragraph 1). Secondly, Regulation 72 is amended to adjust the qualifications for appointment as an officer, by adding the Australian Army Aviation Corps and the Australian Army Band Corps to the list of Corps (paragraph 2). Thirdly, Regulation 73 is amended to remove references to the Bandmaster List from the Quartermaster Lists of officers (paragraph 3). Fourthly, the Australian Military Regulations are amended to include Regimental Colonels in the list of Honorary Colonels, Colonels Commandant and Regimental Colonels (paragraph 4). Lastly, Regulations 98 to 100 are amended to set out provisions for the appointment and duration of Honorary Colonels, Colonels Commandant and Regimental Colonels (paragraphs 5 to 8). These Regulations impose certain obligations and requirements on the parties or entities they govern. Firstly, the Regulations require the Australian Army Aviation Corps and the Australian Army Band Corps to be inserted into the list of Corps, indicating their precedence (Regulation 68(1)). Secondly, the Regulations require that officers of the Australian Army Aviation Corps and the Australian Army Band Corps meet certain qualifications for appointment, and that appointments are made in accordance with the procedures outlined in the Regulations (Regulation 72(1)). Thirdly, the Regulations require that the Quartermaster Lists of officers exclude references to the Bandmaster List (Regulation 73). Fourthly, the Regulations require that the appointment of Honorary Colonels, Colonels Commandant and Regimental Colonels be made by the Governor-General in accordance with the procedures outlined in the Regulations (Regulation 98(1)). Lastly, the Regulations require that the period of appointment for Honorary Colonels, Colonels Commandant and Regimental Colonels be determined by the Governor-General at the time of appointment, and that this period may be extended for up to two years (Regulations 100(1) and (2)). The Regulations provide for offences, penalties, or civil/criminal consequences for breach, although specific penalties are not stated in the text. The Regulations may provide for disciplinary action, dismissal, or other consequences for breach of the provisions contained therein. It is likely that breaches of the Regulations may also give rise to civil or criminal liability, depending on the nature and severity of the breach. However, the specific penalties for breach are not stated in the text.

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