Australian Military Regulations (Amendment)

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STATUTORY RULES.

1942. No. 85.

 

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 twentieth day of February, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

F. M. FORDE

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

1. After regulation 457 of the Australian Military Regulations the following regulation is inserted:—

“Members of the Citizen Forces on continuous war service.

457a. The provisions of this Division shall not apply to such members of the Citizen Forces continuously employed on war service, but not on active service, as the Military Board directs, but the provisions of Division 6 of this Part, except regulation 472a, shall apply to those members in like manner as those provisions apply to members of the Permanent Forces.”.

Members of the Permanent Forces on active service.

2. Regulation 463 of the Australian Military Regulations is amended by inserting, after the words “active service” (second and fourth occurring) the words “or, save as provided in this Division, to a member of any Expeditionary Force raised for service beyond the limits of the Commonwealth after his enlistment in, appointment or transfer to, or secondment for service with that Force”.

Annual recreation leave.

3. Regulation 465 of the Australian Military Regulations is amended—

(a) by omitting the word “Every” and inserting in its stead the words “In time of peace, every”; and

 

* Notified in the Commonwealth Gazette on 26th February, 1942.

† 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; 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, 188, 184, 185, 186, 199, 237, 252, 272 and 273; and 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311.

7190.—Price 3d.


(b) by adding at the end thereof the following sub-regulation:—

“(2.) In time of war, every member of the Permanent Forces whose services can be spared may, subject to the approval of his C.O., be granted leave of absence for recreation for six days, exclusive of Sundays and holidays, after each four months of his service”.

When leave should be carried forward.

4. Regulation 466 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) Notwithstanding anything contained in this regulation, if, in time of war, it is found impracticable in any year to grant to a member of the Permanent Forces any portion of the leave of absence for recreation for which under this Division he is eligible, the Military Board may permit that period of leave to be granted during the two years next following in addition to the leave of absence for recreation for which the member becomes eligible during those years”.

5. After regulation 472 of the Australian Military Regulations the following regulation is inserted:—

“Pay in lieu of recreation leave to a member of the Permanent Forces who Joins an Expeditionary Force.

472a.—(1) Notwithstanding anything contained in this Division, where a member of the Permanent Forces enlists in, is appointed or transferred to or seconded for service with any Expeditionary Force raised for service beyond the limits of the Commonwealth and it has been found impracticable, owing to the exigencies of the Service, to grant to him, prior to the commencement of his service with that Force, the recreation leave due to him, he shall be paid in lieu thereof.

(2) For the purposes of this regulation, “the recreation leave due” to a member means any portion of the leave of absence for recreation for which, under this Division, he was eligible on or after the thirtieth day of June, 1940, and which was not granted to him during the period from and including that date to the date of his enlistment in, appointment or transfer to or secondment for service with the Expeditionary Force.

(3) The amount which a member may be paid in pursuance of sub-regulation (1) of this regulation shall be an amount equal to the sum of the daily rate of pay and any allowances payable to him at the date immediately prior to the date of the commencement of his service with the Expeditionary Force for each day or portion thereof of the recreation leave due to him”.

 

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

Overview

The Statutory Rules of 1942, No. 85, represent regulations under the Defence Act 1903-1941, enacted by the Governor-General in accordance with the Federal Executive Council’s advice. This legislative instrument was introduced in response to the exigencies of World War II, aiming to address the specific needs and circumstances of military personnel, particularly those in the Citizen Forces and Permanent Forces, by providing for their leave and service conditions. The regulations sought to ensure that military personnel received appropriate leave entitlements and financial compensation under wartime conditions. The policy objective was to provide a framework that would effectively manage the military’s operational needs while addressing the welfare of its members during wartime.

Scope and Application

The Statutory Rules 1942 No. 85, made under the Defence Act 1903-1941, amends the Australian Military Regulations to introduce specific provisions concerning members of the Citizen Forces and Permanent Forces during wartime. The regulations primarily focus on the applicability of certain provisions to members of the Citizen Forces on continuous war service who are not on active service, as directed by the Military Board. Additionally, they extend to members of the Permanent Forces, including those in Expeditionary Forces raised for service beyond the Commonwealth. The regulations cover aspects such as the application of leave entitlements, notably annual recreation leave, and the payment of leave in lieu for members who join Expeditionary Forces and are unable to utilise their leave before deployment. These regulations have a national reach and apply to all members of the Citizen Forces and Permanent Forces within the Commonwealth of Australia, including those serving in Expeditionary Forces beyond Australian borders. The regulations do not explicitly state any exclusions, but certain provisions are limited to members whose services can be spared or who join Expeditionary Forces, thereby excluding those on active duty or those for whom leave cannot be granted due to service exigencies. The application of these regulations may be further extended or clarified through subordinate instruments.

Key Provisions

The Regulations under the Defence Act 1903-1941, introduced in 1942, make several amendments to the Australian Military Regulations. For example, Regulation 457a states that certain provisions of the Regulations do not apply to members of the Citizen Forces on continuous war service, although other provisions of Division 6 apply to them in the same manner as to members of the Permanent Forces (reg 1). Regulation 463 is amended to clarify that certain provisions apply to members of any Expeditionary Force raised for service beyond the limits of the Commonwealth after their enlistment, appointment, transfer, or secondment for service with that Force (reg 2). Regulation 465 is amended to specify that, in time of peace, every member of the Permanent Forces is entitled to annual recreation leave (reg 3). These Regulations impose several obligations on the relevant parties. For instance, they require the Military Board to direct which members of the Citizen Forces are exempt from certain provisions of the Regulations and to specify which provisions of Division 6 apply to those members (reg 1). They also require the Military Board to determine whether it is practicable to grant leave of absence for recreation to members of the Permanent Forces during any given year and, if it is not, to permit that leave to be granted during the following two years (reg 4). Furthermore, they require the payment of a sum in lieu of recreation leave to members of the Permanent Forces who join an Expeditionary Force if it is found impracticable to grant them their recreation leave prior to the commencement of their service with that Force (reg 5). Breach of these Regulations may have various legal consequences. The maximum penalties for offences under the Defence Act 1903-1941 are set out in section 8 of the Act. These penalties include fines of up to 100 pounds and imprisonment for up to two years. The Regulations also provide for other civil and criminal consequences for breach, such as the forfeiture of pay and allowances and the imposition of disciplinary measures by the military authorities.

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