STATUTORY RULES.
1940. No. 252.
REGULATION 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 Regulation under the Defence Act 1903-1939.
Dated this twentieth day of November, 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendment of the Australian Military Regulations.†
The Australian Military Regulations are amended by inserting, after regulation 196, the following regulation:—
Persons subject to military law for purposes of application of A.A.
“196a.—(1.) The Military Forces and the members thereof shall for the purposes of the application to and in relation to them of the provisions of the Army Act, be deemed to be ‘persons subject to military law’ within the meaning of that expression as used in those provisions.
(2.) This regulation shall be construed as amplifying and not as restricting any of the other provisions of these Regulations.”.
* Notified in the Commonwealth Gazette on , 1940.
† 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; 1930, 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; and 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199 and 237.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1940 No. 252, made under the Defence Act 1903-1939, introduced a regulation aimed at clarifying the application of military law to the Australian Military Forces. Enacted by the Governor-General in Council, this legislative instrument was designed to ensure that the Military Forces and their members are explicitly recognised as 'persons subject to military law' for the purposes of the Army Act. This amendment was introduced to provide clarity and avoid any potential ambiguity in the enforcement of military law. The regulation inserted after regulation 196 in the Australian Military Regulations serves to amplify existing provisions rather than restrict them, thereby ensuring a comprehensive and unambiguous application of military law.
Scope and Application
The legislative instrument F1997B00032, issued under the Defence Act 1903-1939, introduces an amendment to the Australian Military Regulations. Specifically, it adds a new regulation, 196a, which clarifies the applicability of the Army Act to the Military Forces and its members by deeming them as "persons subject to military law". This amendment is intended to ensure that the provisions of the Army Act are correctly applied to the members of the Military Forces without limiting or restricting any other provisions of the Military Regulations. The regulation is a part of the broader framework established by the Defence Act and is applicable nationwide, extending the legislative reach to all members of the Australian Military Forces across the Commonwealth. The amendment does not specify any exclusions or exemptions, and its application is not subject to any particular thresholds, thereby ensuring uniform applicability to all relevant persons and entities within the Military Forces.
Key Provisions
The legislative instrument amends the Australian Military Regulations by inserting a new regulation, numbered 196a. This new regulation specifies that the Military Forces, along with their members, shall be considered as "persons subject to military law" for the purpose of applying the provisions of the Army Act. The regulation makes it clear that this addition is meant to expand and not to limit any of the other provisions in the existing regulations (196a(1) and (2)).
The primary obligation imposed by this regulation is that the Military Forces and their members must adhere to the provisions of the Army Act, which is treated as military law. This means that all members of the Military Forces are subject to the rules, standards, and disciplinary measures outlined in the Army Act. This regulation ensures that the application of the Army Act is explicitly extended to include all forces and their members, providing a clear legal framework for their conduct and duties (196a(1)).
In terms of consequences, while the regulation itself does not specify particular offences or penalties, it does impose a broad obligation on the Military Forces and their members to comply with the Army Act. Non-compliance with the Army Act can result in disciplinary actions, which may include administrative, criminal, or civil penalties, depending on the nature and severity of the violation. The exact penalties would be determined according to the specific provisions of the Army Act that are being contravened.
The regulation's purpose is to clarify and ensure that the Military Forces and their members are bound by the Army Act, leaving the detailed consequences of any breach to the provisions of the Army Act itself. This ensures that there is a cohesive and comprehensive legal framework governing the conduct and operations of the Military Forces within Australia.