Australian Military Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1943. No. 244

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REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this Twenty ninth day of September, 1943.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Australian Military Regulations. †

Corresponding ranks.

1. Regulation 69 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the word “The” (first occurring) and inserting in its stead the words “For the purposes of these Regulations, the”;

(b) by omitting from that, sub-regulation the word “officers”, wherever occurring, and inserting in its stead the word “members”;

(c) by inserting in that sub-regulation, after the words “Air Force”, second occurring, the words “of corresponding rank”;

(d) by adding at the end of the table in that sub-regulation the following words:—

“Conductor, A.A.O.C.............

Master Gunner, 1st Class...........

Staff Sergeant-Major, 1st Class

All other Warrant Officers, Class I.

Warrant Officer, Class II...........

Warrant       Officer

 

Midshipman.....

No equivalent

No equivalent...

Warrant Officer

 

* Notified in the Commonwealth Gazette on    , 1943.

† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 120; 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, 185, 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; and 1943, Nos. 17, 72 and 126.

4255.—Price 3d. 26/10.7.1943.


Squadron, Battery or Company Quartermaster Sergeant

Chief Petty Officer

Flight Sergeant

Colour Sergeant.....................

 

 

Staff Sergeant.......................

Sergeant..........................

Petty Officer

Sergeant

Corporal..........................

Leading Seaman

Corporal”;

(c) by inserting, after that sub-regulation, the following sub-regulation:—

“(1a.) Where, in respect of any rank in one arm of the Defence Force, there is no corresponding rank in another arm of that Force specified in the table in the last preceding sub-regulation, then, for the purposes of A.M.R.’s 197a and 197d, the rank which corresponds with the next lower rank in the first-mentioned arm in respect of which there is a corresponding rank in the second-mentioned arm specified in the table shall be deemed to be the corresponding rank.”;

(f) by omitting from sub-regulation (2), the word “This” and. inserting in its stead the words “Subject to the provision of A.M.R. 197d, this”; and

(g) by omitting from that sub-regulation the word “officer”, wherever occurring, and inserting in its stead the word “member”.

2. After regulation 197 of the Australian Military Regulations the following regulations are inserted:—

Attachment, &c., to Air Force.

“197a. A member of the Military Forces may be attached to or seconded for service with the Air Force and, while so attached, or seconded, he shall be subject to air force law as if he were a member of the Air Force of corresponding rank.

Attachment, &c., of members of Air Force.

197b. Where a member of the Air Force who, pursuant to section 6 of the Air Force Act 1923-1941, is attached or loaned to, or seconded for service, with the Military Forces is placed, for that purpose, at the disposal of the Military Board or other military authority, he may be attached for service with regiment or corps of the Military Forces as is from time to time determined by the Military Board.

Condition of attachment, &c.

197c. The conditions upon which a member of the Air Force may be attached or loaned to, or seconded, for service with, the Military Forces, and the conditions upon which a member of the Military Forces may be attached, to, or seconded, for service with, the Royal Australian Air Force shall be such, subject to the Air Force Regulations in the first-mentioned case, and subject to these Regulations in the second-mentioned case, as are agreed to by the Military Board and the Air Board.

Relations of attached officer to members of Military forces.

197d. When a member of the Air Force, being an officer or non-commissioned officer, is attached for service with the Military Forces, then for the purpose of command and discipline and for the purposes of the provisions of the Army Act, the Rules of Procedure, the Defence Act and these Regulations relating to superior officers, the officer or non-commissioned officer so attached shall, in relation to members of the Military Forces, be treated and have all such powers (including powers of punishment) as if he were a military officer or non-commissioned officer, as the case may be, of corresponding rank.”.

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

Overview

The Statutory Rules 1943 No. 244, titled "Regulations Under the Defence Act 1903-1941," were enacted by the Governor-General in Council to amend the Australian Military Regulations. The primary objective of these regulations was to address the coordination and integration of personnel between the different branches of the Australian Defence Force, particularly the Military Forces and the Royal Australian Air Force, in response to the evolving needs during wartime. The enacting body was the Federal Executive Council, acting under the authority of the Defence Act 1903-1941. The regulations aimed to streamline the process of attaching or seconding members between these forces, ensuring that they would be subject to the appropriate laws and regulations while maintaining command and discipline.

Scope and Application

The Statutory Rules of 1943 No. 244, made under the Defence Act 1903-1941, amend the Australian Military Regulations to update the ranks and corresponding roles within the Australian Defence Force, particularly between the Army and the Air Force. These amendments ensure that when members from one arm of the Defence Force are attached or seconded to another, they are subject to the relevant laws and regulations of the host arm and are treated as if they hold the corresponding rank. The Regulations apply to all members of the Military Forces and the Air Force, and they have a national reach across Australia. This set of regulations does not explicitly state exclusions, but the conditions under which members may be attached or seconded are determined by the Military Board and the Air Board, potentially through subordinate instruments. The regulations provide a structured framework for the interaction and integration of personnel across different arms of the Defence Force, ensuring a cohesive operational capability during wartime.

Key Provisions

The Regulations under the Defence Act 1903-1941, as enacted in 1943, primarily involve amendments to the Australian Military Regulations (A.M.R.). Regulation 69 is significantly amended to change terminology from "officers" to "members" and introduces a table listing ranks from both the Military Forces and the Air Force, including those of corresponding rank (Regulation 69(1)). A new sub-regulation (69(1a)) addresses situations where there is no equivalent rank between the two forces by deeming the next lower rank as the corresponding rank for certain provisions. Regulation 197a allows for the attachment of Military Forces members to the Air Force, subjecting them to Air Force law as if they were Air Force members of corresponding rank (Regulation 197a). Regulation 197b specifies that Air Force members can be attached to the Military Forces, and their placement is determined by the Military Board. Regulation 197c outlines that the terms and conditions of such attachments are to be agreed upon by the Military Board and the Air Board. Lastly, Regulation 197d clarifies that Air Force officers or non-commissioned officers attached to the Military Forces will have the same command, discipline, and punishment powers as if they were Military Forces officers or non-commissioned officers of corresponding rank. These Regulations impose several obligations on parties involved. Military personnel attached or seconded to another arm of the Defence Force must adhere to the laws and regulations of that arm. The Military Board and Air Board are responsible for agreeing on the terms and conditions of such attachments, ensuring that the process is coordinated and compliant with both sets of regulations. Furthermore, when an Air Force member is attached to the Military Forces, they must function under the same command and discipline structures as a Military Forces member of equivalent rank, maintaining order and authority within the new service. Breach of these Regulations can lead to various consequences. While the document does not explicitly state penalties for non-compliance, violations of military law, such as disobedience or dereliction of duty, can result in disciplinary action under the Defence Force Discipline Act 1987. Such actions may include courts-martial, fines, imprisonment, or other punitive measures. The seriousness of the penalty will depend on the nature and severity of the breach, as well as the rank and circumstances of the individual involved. The overarching principle is that adherence to military law and regulations is crucial for maintaining discipline and order within the Defence Force.

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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.