STATUTORY RULES.
1942. No. 211.
REGULATION 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 Regulation under the Defence Act 1903-1941.
Dated this sixth day of May, 1942.
GOWRIE.
Governor-General.
By His Excellency’s Command,
for Minister of State for the Army.
Amendment of the Australian Military Regulations.†
Who may be appointed.
1. Regulation 620 of the Australian Military Regulations is amended by omitting the figures “40” and inserting in their stead the figures “50”.
Age for retirement.
2. Regulation 629 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the figures “45” and inserting in their stead the figures “55”.
*Notified in the Commonwealth Gazette on , 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, 183, 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; and 1942, Nos. 35, 59, 60, 85, 114 and .
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2083.—Price 3d. 20/18.3.1942.
Overview
The Statutory Rules 1942, No. 211, issued under the Defence Act 1903-1941, was enacted by the Governor-General in Council to address the urgent need to adapt the Australian Military Regulations in response to the exigencies of wartime. These amendments were made to better suit the operational needs of the Australian military during World War II, particularly by adjusting the age limits for appointments and retirements. The enacting body was the Federal Executive Council, acting on the advice of the Minister of State for the Army. The overarching policy objective was to ensure the Australian military could maintain an effective and experienced force by extending the age limit for appointments to 50 and the retirement age to 55, thereby retaining valuable expertise and experience within the armed forces during a critical period.
Scope and Application
The Statutory Rules of 1942, No. 211, under the Defence Act 1903-1941, specifically amends the Australian Military Regulations concerning the age at which military personnel may be appointed and retire. This regulation applies to individuals within the Defence Force who are subject to the Australian Military Regulations. The amendments, which include raising the maximum age for appointments from 40 to 50 and increasing the retirement age from 45 to 55, are intended to address the exigencies of the time, likely in response to the heightened demands of World War II. The application of these amendments is national in scope, impacting all members of the Defence Force across the Commonwealth of Australia. There are no exclusions, exemptions, or thresholds explicitly stated in the regulation itself, though the broader legal context and subsequent legislative developments may provide further clarification or limitation. The regulation’s application is direct and does not extend through subordinate instruments, as it constitutes a specific amendment to the existing military regulations.
Key Provisions
The main operative sections of this statutory rule (Statutory Rules 1942, No. 211) concern amendments to the Australian Military Regulations. Specifically, Regulation 620 is amended to increase the age limit for appointments to the military from 40 to 50 (section 1), and Regulation 629 is amended to increase the retirement age for military personnel from 45 to 55 (section 2). These changes are made to address specific circumstances and requirements pertinent to the time, particularly in the context of wartime needs.
These amendments impose new obligations on the parties or entities governed by the Australian Military Regulations. The increased age limit for appointments (Regulation 620) means that individuals up to the age of 50 can now be considered for military roles, which broadens the pool of potential recruits. Similarly, the increased retirement age (Regulation 629) means that military personnel can now serve longer, thereby ensuring continuity and experience within the armed forces. These changes reflect an adjustment to the traditional parameters to meet the exigencies of the period.
There are no specific offences, penalties, or consequences mentioned within the text of this statutory rule for breaches of these amended regulations. However, breaches of the Australian Military Regulations generally can lead to civil or criminal consequences depending on the nature and severity of the breach. The Defence Act 1903-1941, under which these regulations are made, provides the overarching legal framework that governs the military and its personnel, and penalties can range from fines to imprisonment, depending on the offence. The precise penalties would be determined in accordance with the Defence Act and any applicable military law.