Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B04372 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 115.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this eleventh day of October, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

G. A. STREET,

Minister of State for Defence.

______

Amendments of the Australian Military Regulations.†

Constitution of Military Board.

1. Regulation 21 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

“21.—(1.) The Military Board shall be composed of the Minister, as President, and the following Members:—

The Chief of the General Staff (First Military Member and Chairman).

The Adjutant-General (Second Military Member).

The Quartermaster-General (Third Military Member).

The Master-General of the Ordnance (Fourth Military Member).

The Finance Member.

(2.) There shall be a Deputy Chief of the General Staff who, at the discretion of the Chief of the General Staff, may represent him and, in the absence of the Chief of the General Staff, may exercise his vote at any meeting of the Military Board.”.

Functions of Associate Member.

2. Regulation 25 of the Australian Military Regulations is repealed.

Agenda for and notice of meeting.

3. Regulation 28 of the Australian Military Regulations is amended by omitting, from sub-regulation (1), the words “and associate member”.

Responsibilities of member.

4. Regulation 30 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

“30. Subject to any direction which may, from time to time, be given by the Minister, the matters for which members of the Military

 

* Notified in the Commonwealth Gazette on 12th October, 1939.

† 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; 1938, 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.

6037.—Price 3d.


Board shall be responsible shall be determined in accordance with the following principle:—

(а) The Chief of the General Staff—

shall in general be responsible for all matters of military policy affecting the security of the Commonwealth, and in particular for advising as to the Conduct of Operations of War; Orders in regard to Military Operations; War Organization, Fighting Efficiency and Training of the Military Forces; Military Intelligence; Censorship; Questions of International Law; Aid to the Civil Power; and Libraries.

(b) The Adjutant-General—

shall in general be responsible for the provision, enrolment, allocation and discipline of members of the Military Forces, and in particular for Peace Organization and Establishments; Standing Orders for Mobilization and Co-ordination of Administrative Arrangements affecting Mobilization; Administrative Arrangements with respect to Training; Medical Dental and Hygienic Services; Registrations; Exemptions; Reserves; Administration of Military Areas; Military and Martial Law; Personal and Ceremonial question; Appeals; Honours and Awards; Casualties; Discharges; Appointment Promotion, Retirement, Posting, Exchange and Transfer of Officers; Issue of Routine Orders; Drafting of Military Regulation; Regimental Honours and Titles; Chaplains; Bands; Prisoners of War; and Registration of Graves in War.

(c) The Quartermaster-General—

shall in general be responsible for the movement and maintenance of the troops (except in respect of those aspects of maintenance for which the Master-General of the Ordnance is responsible), and in particular for Supply and Transport: Transportation; Movement; Quartering; Catering and Messing; Engineer Service and Stores; Army Works; Veterinary Service and Remounts; Printing and Stationery; Canteen Services; Postal Services in War; and the Administration and Mobilization of Departments or Services dealing with any of those matters.

(d) The Master-General of the Ordnance—

shall in general be responsible for the provision, inspection, and maintenance of war material and ordnance stores, and in particular for Research, Design, Experiment, Provision, Proof and Inspection of Armaments, Ammunition, Vehicles, Technical Stores and Instruments; Clothing; General Stores (except those for which the Quartermaster-General is responsible); Scientific Development of War Material; Patents and Inventions; and Administration of the Ordnance Services and Inspection Branch.


(e) The Finance Member—

shall be responsible for Military Finance and Accounting; Consideration and Compilation of Parliamentary Estimates; Review of Proposals for New Expenditure or the Redistribution of the sums allotted to the different sub-heads of Defence Votes; Treasury requirements; Claims; Compensation for death or injury; and Administration of the Australian Army Pay Corps.”.

War Railway Council constitution.

5. Regulation 36 of the Australian Military Regulations is amended by omitting, from sub-regulation (1) the words “and Master-General of the Ordnance”.

__________________

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

Overview

The Statutory Rules of 1939 No. 115, made under the Defence Act 1903-1939, were enacted by the Governor-General in Council to amend the Australian Military Regulations. These amendments were made in response to the evolving needs of Australia's defence apparatus in the lead-up to and during World War II. The Defence Act 1903-1939 provided the legal framework for the governance and administration of Australia's defence forces. The regulations introduced by this statutory instrument aimed to enhance the operational efficiency and strategic oversight of the military by reconfiguring the Military Board and its member responsibilities. The policy objective was to ensure that the military's decision-making processes were robust, aligned with the overarching defence strategy, and capable of addressing the dynamic challenges of wartime. The enactment of these regulations underscored the importance of a well-coordinated and clearly defined command structure within the military to effectively safeguard the nation's interests.

Scope and Application

The Statutory Rules 1939 No. 115, Regulations under the Defence Act 1903-1939, pertains to the administrative and operational aspects of the Australian military, specifically amending the Australian Military Regulations. These regulations apply to the members of the Military Board, which includes the Minister, the Chief of the General Staff, the Adjutant-General, the Quartermaster-General, the Master-General of the Ordnance, and the Finance Member. Their application extends to the functions and responsibilities of each member, ensuring that matters related to military policy, personnel, logistics, ordnance, and finance are appropriately managed. The regulations apply nationwide as they are made under the authority of the Commonwealth of Australia, thereby having a broad jurisdictional reach across all states and territories. There are no specific exclusions or exemptions mentioned within the regulations, but they do clarify roles and responsibilities to avoid overlap and ensure efficient governance of military affairs. The scope of application may be further extended or refined through subordinate instruments as necessary to adapt to changing military needs and structures.

Key Provisions

The regulations under the Defence Act 1903-1939, made by the Governor-General, constitute significant changes to the Australian Military Regulations. Regulation 21 (1) sets out the composition of the Military Board, which now consists of the Minister as President, the Chief of the General Staff as the First Military Member and Chairman, the Adjutant-General as the Second Military Member, the Quartermaster-General as the Third Military Member, the Master-General of the Ordnance as the Fourth Military Member, and a Finance Member. A Deputy Chief of the General Staff is also appointed, who may represent the Chief of the General Staff and vote in their absence. Regulation 28 is amended to remove the need for an agenda and notice of meeting for the Associate Member, who is no longer a part of the Board. Regulation 30 details the responsibilities of each member of the Military Board, with the Chief of the General Staff responsible for military policy and operations, the Adjutant-General for personnel management and discipline, the Quartermaster-General for troop movement and maintenance, the Master-General of the Ordnance for war material and ordnance stores, and the Finance Member for military finance and accounting. The obligations imposed on the parties governed by these regulations are primarily related to the composition and functioning of the Military Board. Each member must adhere to their specified responsibilities and ensure that their respective areas of oversight are managed effectively. The Minister, as President, is responsible for overseeing the entire Board and ensuring that its directives are implemented. The Chief of the General Staff must provide strategic advice on military operations and security, while the Adjutant-General must manage the enrolment, discipline, and administration of military personnel. The Quartermaster-General oversees logistical support, the Master-General of the Ordnance manages war material and stores, and the Finance Member handles financial and accounting matters. Failure to comply with the provisions of these regulations can result in various consequences, though the specific penalties are not detailed within the regulations themselves. Generally, breaches of military regulations can lead to disciplinary action against military personnel, and in severe cases, criminal charges may be brought against individuals who violate the law. The Defence Act 1903-1939 provides for penalties such as fines and imprisonment for offences related to military discipline and operations. Additionally, civil or criminal actions may be pursued under other relevant legislation if the breach has broader implications beyond military discipline.

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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.