STATUTORY RULES
1971 No. 179
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REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
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 1903-1970.
Dated this twenty-second day of December, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Andrew Peacock
Minister of State for the Army.
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Amendments of the Australian Military Regulations†
Qualifications for appointment as officer.
1. Regulation 72 of the Australian Military Regulations is amended by omitting from paragraph (f) of sub-regulation (2.) the word “she” and inserting in its stead the words “the person”.
Extra departmental employment.
2. Regulation 211 of the Australian Military Regulations is amended by omitting from paragraph (e) of sub-regulation (1.) the words “accept, engage, or continue in,” and inserting in their stead the words “accept, engage in or continue in”.
Investigation or charge by commanding officer.
3. Regulation 242 of the Australian Military Regulations is amended by omitting sub-regulations (10.), (11.) and (12.) and inserting in their stead the following sub-regulations.
“(10.) Where, in accordance with these Regulations, a commanding officer deals summarily with a charge, other than a charge referred to in sub-regulation (12.) of this regulation, the commanding officer shall convict the person charged of the offence charged and impose on him a sentence, or sentences, that he is authorized to impose by virtue of regulation 256 of these Regulations.
“(11.) Subject to regulation 245 of these Regulations, a commanding officer shall hear and determine all charges pending against a soldier at the one time.
“(12.) Where, in accordance with these Regulations, a commanding officer deals summarily with two or more charges at the one time, the commanding officer shall convict the person charged of the offences charged and impose on him, in respect of the offences, a sentence, or sentences, that he is authorized to impose in respect of any one of the offences by virtue of regulation 256 of these Regulations.”.
Terms of appointment.
4. Regulation 539 of the Australian Military Regulations is amended by omitting sub-regulation (2.).
Surveys.
5. Regulation 818 of the Australian Military Regulations is amended by omitting sub-regulations (2.), (3.), (4.) and (5.).
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations, see footnote † to Statutory Rules 1970, No. 101, and see also Statutory Rules 1970, No. 101.
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Printed by Authority by the Government Printer of the Commonwealth of Australia
12999/71—Price 5c 9/13.9.1971
Overview
Statutory Rules 1971 No. 179, made under the Defence Act 1903-1970, was enacted to address specific issues within the Australian Military Regulations that required updating to reflect changes in societal norms and military practices. The regulations were made by the Governor-General in Council, with the intention to modernise the military disciplinary and employment standards, thereby ensuring compliance with contemporary expectations of fairness and efficiency in military administration. These amendments primarily aimed to streamline the processes for dealing with charges by commanding officers, refine qualifications for officer appointments, and adjust terms of appointment and employment conditions for military personnel.
Scope and Application
These Regulations made under the Defence Act 1903-1970 apply to the Australian Military Regulations, which govern the conduct and operations of the Australian Defence Force (ADF). They specifically address various amendments to these regulations, including qualifications for officer appointments, extra-departmental employment, the process for summary investigations or charges by commanding officers, and terms of appointment. These changes are aimed at updating and refining the administrative and disciplinary measures within the ADF. The amendments are applicable across the Commonwealth of Australia, affecting all members of the ADF, regardless of their rank or role. The regulations do not explicitly state any exclusions or exemptions, implying that the changes are comprehensive and apply broadly to all ADF personnel unless otherwise specified by the Defence Act 1903-1970 or subsequent legislative instruments. The Regulations are intended to enhance the operational efficiency and discipline within the ADF by providing clearer guidelines and procedures for various aspects of military conduct and administration.
Key Provisions
These regulations, which amend the Australian Military Regulations, introduce several key changes. Firstly, Regulation 72 is modified to remove gender-specific language, allowing for a more inclusive definition of who can be appointed as an officer (section 1). Secondly, Regulation 211 is altered to clarify the circumstances under which extra-departmental employment is permitted, ensuring that the language used is consistent and unambiguous (section 2). Thirdly, Regulation 242 is updated to streamline the process by which commanding officers deal with charges against soldiers, providing more structured guidelines on convicting and sentencing (section 3). Additionally, Regulation 539 is simplified by removing sub-regulation (2) (section 4), and Regulation 818 has several sub-regulations omitted to streamline the process for surveys (section 5).
These regulations impose specific obligations on officers and soldiers within the Australian Defence Force. Officers must adhere to the updated guidelines for extra-departmental employment and ensure they meet the qualifications for appointment as outlined in the revised Regulation 72. Commanding officers are now required to follow the structured approach detailed in Regulation 242 when dealing with charges, ensuring that all charges pending against a soldier are heard and determined at one time, except where multiple charges are dealt with simultaneously. These changes aim to bring clarity and consistency to the administrative and disciplinary processes within the Defence Force.
Breaching these regulations could result in various consequences, depending on the nature of the violation. For instance, failing to comply with the terms of extra-departmental employment as specified in Regulation 211 could lead to disciplinary action. Similarly, commanding officers who do not follow the prescribed process for dealing with charges may face repercussions, potentially impacting the fairness and effectiveness of disciplinary measures. While the regulations themselves do not specify particular offences, penalties, or maximum penalties, breaches of military regulations generally fall under the Defence Act 1903, which provides for a range of disciplinary actions, including fines and imprisonment.