EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 289
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Statute Law (Miscellaneous Provisions) Act (No 1) 1983, assented to on 20 June 1983, amended various acts, including the Defence Act 1903 (the Act). Among the amendments made to the Act are provisions transferring, from the Governor-General to the Chief of the General Staff, the power to place the name of an officer or former officer on a retired list. A further amendment removes the requirement to prescribe discharge authorities and specifies the Chief of the General Staff as an authority for discharging soldiers. There is also provision for the Chief of the General Staff to delegate these powers.
The Australian Military Regulations, made under the Defence Act, provide for various matters relating to the administration of the Army, including the granting of military title to officers placed on a retired list, and the discharge of soldiers. This Statutory Rule makes various amendments to the Australian Military Regulations corresponding with and supplementing the above-mentioned amendments to the Act.
Regulation 1 of the Statutory Rule amends regulation 125 of the Australian Military Regulations to transfer, from the Governor-General to the Chief of the General Staff, the power to grant military title to an officer who is placed on a retired list. The application of this provision is also extended to former officers.
Regulation 2 of the Statutory Rule amends regulation 129A to transfer, from the Governor-General to the Chief of the General Staff, the power to withdraw from a retired officer the entitlement to use military title or to wear uniform.
Regulation 3 of the Statutory Rule repeals regulation 175 which prescribed, for the purposes of section 44 of the Act, authorities who may discharge soldiers. The amended section 44 obviates the need for prescription by specifying the Chief of the General Staff, with power to delegate, as the discharging authority.
Regulation 4 of the Statutory Rule makes consequential amendments to regulation 176 to substitute reference to the Chief of the General Staff for references to “an authority” who may consider reasons for discharge.
Regulations 5 and 6 of the Statutory Rule amend regulations 177 and 178 respectively to substitute the Chief of the General Staff for “an authority” who may make an order for the discharge of a soldier or cancel that order.
Regulation 7 of the Statutory Rule omits from regulation 178A a reference to regulation 175, which is repealed by regulation 3 of the Statutory Rule.
Regulations 8 and 9 of the Statutory Rule amend regulations 179 and 180 respectively to substitute the Chief of the General Staff for “an authority” who may sign or amend a certificate of discharge in relation to a soldier.
Regulation 10 of the Statutory Rule is a transitional provision which enables the Chief of the General Staff to grant military title to an officer who is placed on a retired list on or after 18 July 1983 (the date of commencement of the Statute Law (Miscellaneous Provisions) Act (No 1) 1983) and before the commencement date of the Statutory Rule.
The amendments have effect from the date of gazettal of the Statutory Rule.