Australian Military Regulations (Amendment)

Administered by Department of Defence

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Statutory Rules

1978 No. 53

REGULATION UNDER THE DEFENCE ACT 1903*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903.

Dated this eleventh day of April 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence

————

AMENDMENT OF THE AUSTRALIAN MILITARY REGULATIONS†

Re-engagement

Regulation 140 of the Australian Military Regulations is amended by omitting paragraph (c) of sub-regulation (5) and substituting the following paragraph:

“ (c) that the re-engagement has been approved by—

(i) the Chief of Personnel;

(ii) the Director of Personnel Employment;

(iii) a Staff Officer, Grade 1 (Personnel) on the establishment of the Directorate of Personnel Employment or of the Central Army Records Office; or

(iv) where the soldier is a member of the Citizen Military Forces rendering service other than continuous full-time service, the commanding officer of the unit in which the soldier is serving; and ”.

 

* Notified in the Commonwealth of Australia Gazette on 17 April 1978.

† 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; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957, No. 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 71; 1963, No. 28; 1964, Nos. 62, 83, 93 and 149; 1965, Nos. 61, 72, 116, 119, 138 and 174; 1966, Nos. 119 and 167; 1967, Nos. 13, 118 and 168; 1968, Nos. 91 and 96; 1969, Nos. 76, 94, 96, 197 and 217; 1970, Nos. 101 and 193; 1971, Nos. 85 and 179; 1972, Nos. 57, 123 and 207; 1973, Nos. 99, 206, 245 and 250; 1974, Nos. 75 and 91; 1975, Nos. 2, 143, 144 and 192; 1976, Nos. 59 and 220; and 1977, No. 50.

Overview

The Defence Act 1903, enacted by the Australian Parliament, was designed to provide a legal framework for the administration of the Australian Defence Force. One of its primary purposes was to establish the authority and responsibilities of the Defence Force, including the regulation of the military personnel. The Act has been amended and supplemented over the years to adapt to the changing needs of the Defence Force. The Regulation made under the Defence Act 1903 on April 11, 1978, by the Governor-General, with the advice of the Federal Executive Council, amends Regulation 140 of the Australian Military Regulations to specify the approval process for the re-engagement of soldiers. This amendment aims to ensure that re-engagements are appropriately authorised by the relevant military authorities, reflecting a policy objective of maintaining orderly and authorised military operations and personnel management within the Defence Force.

Scope and Application

The Regulation made under the Defence Act 1903 pertains to the amendment of the Australian Military Regulations, specifically addressing re-engagement procedures for military personnel. This regulation applies to individuals who are members of the Australian Defence Force, encompassing both full-time and part-time service personnel. The scope of the regulation extends to the approval processes required for re-engagement, which involves several specified officials including the Chief of Personnel, the Director of Personnel Employment, and other relevant officers depending on the service type of the soldier. The regulation is of national importance, reflecting the overarching authority of the Commonwealth in matters concerning the defence force. While the regulation primarily focuses on the administrative aspects of re-engagement, it does not explicitly mention any exclusions or exemptions, implying that it applies universally to all eligible personnel under the specified conditions. The application of the regulation may also be extended or further detailed through subordinate instruments, which would provide additional guidance or criteria for its implementation.

Key Provisions

The primary focus of Statutory Rules 1978 No. 53 is the amendment of Regulation 140 of the Australian Military Regulations (AMR). This regulation governs the process of re-engagement of soldiers in the Australian Defence Force (ADF). The regulation has been amended to specify the approval authorities required for the re-engagement of soldiers. Regulation 140(5)(c) now mandates that re-engagement must be approved by one of several specified authorities: the Chief of Personnel, the Director of Personnel Employment, a Staff Officer, Grade 1 (Personnel) from either the Directorate of Personnel Employment or the Central Army Records Office, or, in the case of soldiers in the Citizen Military Forces (CMF) not on continuous full-time service, the commanding officer of the unit in which the soldier is serving. This ensures that re-engagement decisions are made by appropriately authorised personnel who have the necessary expertise and oversight. The obligations imposed by this regulation on the relevant parties are clear and specific. For instance, the Chief of Personnel, the Director of Personnel Employment, and the Staff Officers, Grade 1 (Personnel) must review and approve re-engagement applications in line with their roles and responsibilities. They must ensure that all necessary checks and assessments are conducted before giving their approval. For CMF soldiers, the commanding officer must also ensure that the re-engagement aligns with the operational needs and commitments of the unit. These obligations are designed to maintain the integrity and effectiveness of the ADF's personnel management. Failure to comply with the requirements of Regulation 140(5)(c) can result in significant consequences. While the regulation itself does not explicitly state penalties for non-compliance, breaches of military regulations can generally lead to disciplinary action under the Defence Force Discipline Act 1982. Such actions may include courts-martial, fines, imprisonment, or other disciplinary measures as deemed appropriate by the military justice system. Additionally, improper re-engagement could lead to broader administrative or legal repercussions, including potential civil litigation if the soldier's rights are adversely affected.

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