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.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1983 were introduced to address the need for updating the administration of the Army in alignment with legislative changes. Enacted under the Statute Law (Miscellaneous Provisions) Act (No 1) 1983, these rules aim to streamline the process of placing officers on a retired list and discharging soldiers by transferring relevant authorities from the Governor-General to the Chief of the General Staff. The policy objective is to ensure efficient and timely management of these administrative tasks within the Defence Act 1903, providing clarity and delegating necessary powers to the Chief of the General Staff to facilitate better governance and operational effectiveness in the Australian military.
Scope and Application
The Australian Military Regulations, amended by the Statute Law (Miscellaneous Provisions) Act (No 1) 1983, pertain to the administration of the Australian Army, including the governance of officers placed on a retired list and the discharge of soldiers. This legislation transfers certain powers from the Governor-General to the Chief of the General Staff, thereby enabling the Chief of the General Staff to place the name of an officer or former officer on a retired list, grant military title to retired officers, and delegate these powers as necessary. The scope of this Act applies to military personnel, including both serving and retired officers within the Australian Army. The Act also specifies the Chief of the General Staff as the discharging authority for soldiers, thereby streamlining the administrative process. The application of these provisions extends across the Commonwealth, with the amendments being effective from the date of the Statutory Rule's gazettal. The amendments do not specify any exclusions or thresholds but rather focus on clarifying and reallocating authority within the military hierarchy.
Key Provisions
The Australian Military Regulations (Amendment) Statutory Rule 1983 primarily amends the Australian Military Regulations to reflect changes made to the Defence Act 1903 by the Statute Law (Miscellaneous Provisions) Act (No 1) 1983. Regulation 1 (s. 1) transfers the power from the Governor-General to the Chief of the General Staff to grant military title to an officer placed on a retired list and extends this to former officers. Regulation 2 (s. 2) similarly transfers the power to withdraw the entitlement to use military title or wear uniform from a retired officer from the Governor-General to the Chief of the General Staff. Regulation 3 (s. 3) repeals regulation 175, which prescribed authorities who may discharge soldiers, as section 44 of the Act now specifies the Chief of the General Staff as the discharging authority. Regulations 4 through 9 (ss. 4–9) amend various provisions to substitute references to the Chief of the General Staff for references to "an authority" who may consider reasons for discharge, make an order for discharge, cancel an order for discharge, or sign or amend a certificate of discharge.
The obligations and requirements imposed by these amendments on the parties involved are primarily centred around the authority and processes for the granting of military titles, the entitlement to use military titles or wear uniforms, and the discharge of soldiers. The Chief of the General Staff is now the designated authority responsible for these actions. This includes the ability to grant or withdraw military titles, to order and cancel the discharge of soldiers, and to sign or amend certificates of discharge. The Chief of the General Staff also has the power to delegate these functions, ensuring that the processes remain efficient and effective.
For breaches of the provisions outlined in the amended Australian Military Regulations, there are potential civil and criminal consequences. While the exact nature of these consequences is not detailed in the Statutory Rule, it is reasonable to infer that breaches could lead to disciplinary actions under military law or other relevant legal frameworks. Given that these regulations are integral to the administration of the Army, any significant breaches could also result in criminal charges, particularly if they involve misuse of military titles or improper discharge of soldiers. The maximum penalties for such offences would depend on the specific nature of the breach and would be determined under the applicable military or criminal law.