EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 375[TWN T31]
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE[TWN T32] SCIENCE AND PERSONNEL[TWN T33]
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations (“the Regulations”) made under the Defence Act 1903 prescribe various matters relating to the organisation and administration of the Army.
The Defence Legislation Amendment Act 1990 (“the Amending Act”) includes amendments to the Defence Act and Naval Defence Act which remove inappropriate restrictions on the Chief of the Defence Force’s command power. These restrictions, which are not in line with the current arrangements for the command of the Defence Force, oblige the Chief of the Defence Force to implement single service appointments and organisational arrangements through the single service chiefs of staff. Command appointments and organisational arrangements will now be dealt with under the general command power vested in the Chief of the Defence Force and separate service chiefs of staff by subsection 9(2) of the Defence Act.
The changes made by the Amending Act in relation to command powers cannot be proclaimed to commence until associated amendments are made to various regulations under Defence legislation. The Statutory Rule makes the necessary amendments to the Regulations.
Regulation 21 of the Regulations empowered the Chief of the General Staff to determine the Order of Battle, establishment and ranks for positions on those establishments for the purposes of section 33 of the Defence Act. Section 33 of the Defence Act is one of the provisions repealed by the Amending Act. The Statutory Rule therefore repeals regulation 21, which is also unnecessary because of the command power in subsection 9(2) of the Defence Act.
The Statutory Rule comes into operation on 15 December 1990 (the date of commencement of the related Amending Act provisions).
[TWN T31]Corrected error – PDF reads: 3 7 ^
[TWN T32]Corrected error – PDF reads: PEFENC.E
[TWN T33]some underline missing in PDF