Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B04365 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1937. No. 45.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*

I, THE GOVERNOR-GENERAL in and over the Commonweal of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1934.

Dated this twenty eighth day of April, 1937.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Acting Minister of State for Defence.

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Amendment of Australian military regulations.†

1. Regulation 124 of the Australian Military Regulations is amended by inserting, next after sub-regulation (3), the following sub-regulation:—

Age for retirement except in time of war.

“(3a) This regulation shall not apply to an officer while seconded from his regiment or corps and attached to the Intelligence Section of the General Staff.”.

Retention under suspension to be reported.

2. Regulation 230 of the Australian Military Regulations is amended by inserting, next after sub-regulation (9), the following sub-regulation:—

“(9a) In every case where an officer or soldier remains under suspension for a longer period than eight days a report in writing of the necessity for the suspension being continued shall be made by his C.O. to the formation, &c., commander, and a further report shall be made every eight days until the suspension is removed. The report is to be made whether the person under suspension is a patient in hospital, or for whatever reason the case is not proceeded with, and even though the cause of the delay lies with the officer to whom the report is made.

(9b) An officer to whom a report is made in pursuance of sub-regulation (9a) of this regulation shall satisfy himself as to the necessity for continuing the suspension.

 

* Notified in the Commonwealth Gazette on

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 128; 1930, Nos. 26, 27 and 92; 1931, No. 13: 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1931, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, No. 21, 44 and 100.

6411.—20/5.4.1937. —Price 3d.


(9c) Every case of an officer or soldier who remains under suspension for a longer period than twenty-eight days shall be reported to head-quarters by his formation, &c., commander.”.

3. The following regulation is inserted next after regulation 602 of the Australian Military Regulations:—

Intelligence section, General Staff. Age for retirement.

“602a. An officer seconded from his regiment or corps and attached to the Intelligence Section of the General Staff shall be retired on reaching the age of 60 years.”.

When colours carried by guards.

4. Regulation 676 of the Australian Military Regulations is amended by inserting, next after the words “the Queen,”, the words “Queen Mary,”.

Trooping of King’s colour.

5. Regulation 677 of the Australian Military Regulations is amended by inserting, next, after the words “the Queen,”, the words “Queen Mary,”.

Honours and salutes on parade.

6. Regulation 679 of the Australian Military Regulations is amended—

(a) by omitting the words “Guards of Honours” and inserting in their stead the words “Guards of Honour”; and

(b) in sub-paragraph (i) by—

(i) omitting in the heading the words “the Prince of Wales” and inserting in their stead the words “Queen Mary”; and

(ii) omitting the words “for the King and the Queen, but only the first six bars for the Prince of Wales”; and

(iii) omitting the words “or the Prince of Wales” and inserting in their stead the words “or Queen Mary”; and

(c) in sub-paragraph (ii) by omitting, where they twice occur, the words “the Prince of Wales” and inserting in their stead the words “Queen Mary” and

(d) in sub-paragraph (iii) by omitting the words “and the Queen” and inserting in their stead the words “, the Queen, and Queen Mary”.

Guards over the King and Governors.

7. Regulation 700 of the Australian Military Regulations is amended by omitting the words “Their Majesties”, where they first occur, and inserting in their stead the words “the King, the Queen, or Queen Mary,”.

Personal flags.

8. Regulation 707 of the Australian Military Regulations is repealed and the following regulation inserted in its stead

“707. (1) The Royal Standard, being the personal flag of the Sovereign, is to be hoisted on official buildings, forts or enclosures, or parade, only when His Majesty the King is personally present in the building, fort or enclosure, or on parade: Provided that when a parade is held in honour of the birthday of the Sovereign the Royal Standard, if available, will be flown as prescribed in the training manuals.


(2) When the Queen, Queen Mary, or other member of the Royal Family entitled to a personal standard, is present in an official building, fort or enclosure, or on parade, his or her personal standard is, in the absence of the Sovereign, to be hoisted. The Union Flag will be flown for any other member of the Royal Family.

(3) When the Governor-General is present in an official building, fort or enclosure, or on parade, his flag is, in the absence of the Sovereign, to be hoisted.”.

Flag stations.

9. Regulation 708 of the Australian Military Regulations is amended in sub-regulation (1) by omitting, in the footnote marked with an asterisk, the words “and Queen” and inserting in their stead the words “, the Queen and Queen Mary”.

Artillery salutes.

10. Regulation 710 of the Australian Military Regulations is amended in sub-regulation (2) by—

(a) omitting in sub-paragraph (ii) the words “or the Prince of Wales” and inserting in their stead the words “or Queen Mary”; and

(b) omitting in sub-paragraph (ii) the words “the Prince of Wales or”; and

(c) omitting in sub-paragraph (ii) the words “the Prince of Wales”, where they thirdly occur, and inserting in their stead, the words “Queen Mary”; and

(d) inserting in sub-paragraph (iii), next below the words “The Birthday of the Consort of the Sovereign.”, the words “The Birthday of Queen Mary.”.

Authorized flag.

11. Regulation 722a of the Australian Military Regulations is amended in sub-regulation (1) by omitting the table and inserting in its stead the following table:—

Occupant of Car or Officer upon whom Mounted Orderly is attendant.

Flag authorized.

Member of Military Board .............

Formation, &c., Commander (other than District Base Commandant or Commandant, Royal Military College)

Flag described in A.M.R. 722.

Flag, distinguishing, division (red, swallow tail, with number of the division, &c., in white, the letter “C” being added in the case of a cavalry division).

District Base Commandant.............

Flag described in A.M.R. 723.

Commandant, Royal Military College

Flag with upper half red and lower half blue, bearing in its centre, in gold, badge of the Corps of Staff Cadets.

Brigade Commander..................

Flag, distinguishing, brigade (blue pendant).

Admission to military works.

12. Regulation 807 of the Australian Military Regulations is amended in sub-regulation (2) by inserting at the end the words—

“Provided that a person who is not a natural born British subject may not, without the approval of the Military Board, be employed, reside or stay in any military work.”

______________________

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

Overview

The Statutory Rules 1937 No. 45 amends the Australian Military Regulations under the Defence Act 1903-1934, with the objective of introducing specific changes to the operational procedures and protocols within the Australian military. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations address issues such as the retirement age for officers in the Intelligence Section of the General Staff, the reporting requirements for officers and soldiers under suspension, and the protocols for carrying colours, trooping of the King's colour, and honours and salutes on parade. The amendments also update the regulations to reflect changes in the British royal family, including the insertion of Queen Mary into various provisions. This legislative instrument aims to ensure that the Australian military adheres to contemporary standards and recognises the current royal hierarchy.

Scope and Application

The Regulations under the Defence Act 1903-1934 primarily pertain to the Australian military personnel and their operational conduct, as evidenced by the specific amendments to the Australian Military Regulations. These regulations affect officers and soldiers who are subject to certain age-related retirement provisions, particularly those seconded to the Intelligence Section of the General Staff. The regulations also detail the protocol for reporting and continuing the suspension of officers or soldiers, including the requirement for written reports to superior commanders and headquarters under specific circumstances. Furthermore, the amendments cover ceremonial aspects such as the carrying of colours, trooping of the King’s colour, and the rendering of honours and salutes, reflecting the evolving titles of royal family members like Queen Mary. The geographic reach of these regulations is inherently national, impacting all military personnel within the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned in the text, and the application of these regulations is comprehensive unless otherwise specified by subordinate instruments.

Key Provisions

The Regulations under the Defence Act 1903-1934, as amended, introduce several key provisions. Regulation 124 now includes a sub-regulation (3a) that exempts officers seconded to the Intelligence Section of the General Staff from the age for retirement provisions except in times of war (1). Regulation 230 is amended with sub-regulation (9a) requiring a written report to be submitted by a commanding officer to the formation, etc., commander every eight days when an officer or soldier remains under suspension beyond eight days, with a further report required every eight days until the suspension is lifted (2). Additionally, sub-regulation (9b) mandates that the officer receiving the report must assess the necessity of continuing the suspension, and sub-regulation (9c) requires that cases of suspension exceeding twenty-eight days be reported to headquarters by the formation, etc., commander (2). These regulations impose specific obligations on military personnel and their commanding officers. They must ensure that any officer or soldier under suspension for more than eight days is reported to the appropriate authority every eight days, with a review of the necessity for the continued suspension (2). Moreover, officers seconded to the Intelligence Section of the General Staff are subject to a retirement age of 60 years, regardless of wartime considerations (1). The Regulations also stipulate penalties and consequences for non-compliance. For instance, failure to submit the required reports on the continuation of suspension or to report cases of suspension exceeding twenty-eight days could result in disciplinary action. Furthermore, unauthorised employment, residence, or stay in military works by non-natural-born British subjects without Military Board approval is explicitly prohibited (12). These provisions underscore the importance of adherence to military regulations to maintain order and discipline within the armed forces.

Legal classification tags

Area of Law
Military Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Enforcement Powers
Reporting & Disclosure Obligations
Age for retirement except in time of war

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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.