Australian Military Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1944. No. 154.

REGULATIONS 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 Regulations under the Defence Act 1903-1941.

Dated this eighteenth day of October, 1944.

W. DUGAN.

Administrator.

By His Excellency’s Command,

(sgd.) F. M. FORDE.

Minister of State for the Army.

Amendments of the Australian Military Regulations.†

Temporary rank.

1. Regulation 48 of the Australian Military Regulations is amended by inserting after the word “temporary” the words “or acting”.

Who may reduce a W.O. or N.C.O. (Peace and War Service).

2. Regulation 161 of the Australian Military Regulations is amended by omitting sub-regulation (2) thereof and inserting the following sub-regulation in its stead:—

“(2) For the purpose of its application to the Military Forces, A.A. 183 shall be read—

(a) as if in sub-section (2), after the words “Army Council” wherever they occur, there were inserted the words “or the Military Board of the Commonwealth of Australia”, and after the words “commanding in chief” there were inserted the words “or commanding a body of the Military Forces of Australia”;

* Notified in the Commonwealth Gazette on , 1944.

† Statutory Rules and 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. 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, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249, and 258; and 1944, Nos. 1, 39, 71, 72, 114, 120, and 122.

5505.—Price 3d. 9/31.8.1944.

(b) as if sub-section (3) were omitted and the following subsection inserted in its stead:—

“(3) A non-commissioned officer, including an acting or lance non-commissioned officer, may, by the sentence of a court-martial, be ordered—

(a) to be reduced to the ranks or to any lower grade, or

(b) to be reverted to his permanent rank,

or both, or to forfeit seniority of rank, either in addition to or without any other punishment, in respect of an offence:”; and

(c) as if in sub-section (4) there were inserted after the words “non-commissioned officer” the words “, including an acting or lance non-commissioned officer,”, and after the word “reduced” the words “or reverted”.

3. Regulation 165 of the Australian Military Regulations is omitted and the following regulation inserted in its stead:—

W. O. reduced to the ranks (Peace and War Service).

“165. Except in time of war, a W.O. reduced to the ranks shall not be required to serve in the ranks as a private soldier—

(a) in the Citizen Forces, unless service is demanded of him under Part XII. of the D.A.; or

(b) in the Permanent Forces.”.

Discharge of soldier enlisted under the D.A.

4. Regulation 184a of the Australian Military Regulations is amended by omitting paragraph (n) of sub-regulation (1) and inserting in its stead the following paragraphs:—

“(n) on account of demobilization; or

(o) for the purpose of being enrolled as a member of the Corps of Staff Cadets; or

(p) because he has made a false answer on attestation; or

(q) because his services, for any reason deemed sufficient by the Military Board, are no longer required.”.

Modifications and adaptations of A.A. 44.

5. Regulation 216 of the Australian Military Regulations is amended—

(i) by inserting in sub-paragraph (i) of paragraph (a) after the word “rank” the words “, or acting rank, or both,”; and

(ii) by inserting after sub-paragraph (i) of paragraph (b) the following sub-paragraphs:—

“(ia) As if paragraph (m) were omitted and the following paragraph were inserted in its stead:—

‘(m) In the case of a non-commissioned officer, including an acting or lance non-commissioned officer—

(i) reduction to the ranks or to a lower grade, or

(ii) reversion to permanent rank, or both, or forfeiture, in the prescribed manner, of seniority of rank;’; and

(ib) As if in paragraph (mm) there were inserted after the worlds ‘non-commissioned officer’ the words ‘, including an acting or lance noncommissioned officer,’; and”; and

(iii) by inserting in paragraph (v) of sub-paragraph (c) after the words “or reduction in grade or rank or classification” the words “, or reversion to permanent rank,”.

Scale of punishment for purpose of commutation.

6. Regulation 254 of the Australian Military Regulations is amended by inserting in paragraph (b), after the words “Field punishment (on active service only).”, the words “Reduction to the ranks.”.

Minor punishments.

7. Regulation 256 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (g) of sub-regulation (2) the words “N.C.O. or”;

(b) by adding at the end of paragraph (aa) of sub-regulation (5) the words and figures “or a deduction from ordinary pay allowed to be made by a C.O. by A.A. 138 (4) but not exceeding the sum of £3.”;

“(da) For an offence committed on war service by a N.C.O. of the Permanent Forces or Citizen Forces—A deduction from ordinary pay allowed to be made by a C.O. by A.A. 138 (4) but not exceeding the sum of £5.”;

(d) by inserting in sub-regulation (8) after the word “fine” the words “or a deduction from ordinary pay”.

Power of company, &c., commander.

8. Regulation 260 of the Australian Military Regulations is amended by inserting after paragraph (b) of sub-regulation (1) the following paragraph:—

“(ba) On a private soldier of the Permanent Forces or Citizen Forces on war service—A deduction from ordinary pay allowed to be made by a C.O. by A.A. 138 (4) but not exceeding the sum of £3”.

9. Regulation 266a of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Modification of a.a. 47.

“266a. For the purpose of its application to the Military Forces A.A. 47 shall be read as if—

(a) in paragraph (a) (first occurring) of sub-section (2) after the word “rank” there were inserted the words “or classification “, and

(b) in sub-section (3) the words “or a reprimand” were omitted and the words “a reprimand, or any deduction authorized by this Act to be made from the ordinary pay of the accused but not exceeding the sum of £5,” were inserted in their stead.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1944 No. 154, made under the Defence Act 1903-1941, were enacted to amend the Australian Military Regulations in response to the evolving needs of the Australian military during World War II. This legislative instrument was issued by the Governor-General in Council, reflecting the authority vested in the Commonwealth government to make such amendments. The primary objective of these regulations was to address gaps in the administrative and disciplinary measures within the military, ensuring that the Australian forces could effectively manage personnel and maintain order during the war. These amendments aimed to provide more flexibility and authority in the management of ranks and punishments, as well as updating procedures related to the discharge of soldiers and the modification of punishments to better align with the demands of wartime operations.

Scope and Application

These regulations, issued under the Defence Act 1903-1941, apply to the Australian Military Forces, specifically impacting the procedures and powers related to the rank and discipline of non-commissioned officers (NCOs), including acting and lance non-commissioned officers, as well as warrant officers (W.O.). The amendments modify the Australian Military Regulations to allow for greater flexibility in the application of temporary or acting ranks and to streamline the disciplinary processes for NCOs. These changes affect both peace and war service, and the regulations extend to all members of the Military Forces, including those in the Citizen Forces and Permanent Forces. Notably, the regulations provide specific exceptions, such as not requiring a warrant officer reduced to the ranks to serve as a private soldier in peacetime unless explicitly demanded under the Defence Act. The jurisdictional reach of these regulations is nationwide, applying to all Australian military personnel within the Commonwealth of Australia. The amendments are made through statutory rules and orders, which means they can be further extended or restricted through subordinate instruments, ensuring the regulations can adapt to evolving military needs and legal frameworks.

Key Provisions

The main operative sections of these Regulations under the Defence Act 1903-1941 primarily amend and clarify the Australian Military Regulations. Regulation 48 modifies the term “temporary” to include “acting” ranks, while Regulation 161 revises the conditions under which a warrant officer (W.O.) or non-commissioned officer (N.C.O.) can be reduced in rank. Regulation 165 specifies that a W.O. reduced to the ranks during peacetime should not serve as a private soldier in the Citizen Forces or Permanent Forces unless required by specific provisions. Regulation 184a introduces new grounds for discharging a soldier enlisted under the Defence Act, including demobilization, enrollment in the Corps of Staff Cadets, false attestation, or when the Military Board deems the soldier's services no longer necessary. Regulation 216 updates the scale of punishment to include acting ranks and modifies the penalties applicable to non-commissioned officers, including acting or lance non-commissioned officers. Regulation 254 adds “Reduction to the ranks” as a form of punishment, and Regulation 256 amends the types and amounts of fines and deductions from ordinary pay for minor offences. Regulation 260 extends the power of commanders to deduct from the pay of private soldiers in the Permanent Forces or Citizen Forces engaged in war service, up to £3. Regulation 266a modifies the interpretation of rank to include classification and replaces reprimands with a permissible deduction from pay of up to £5. These Regulations impose specific obligations and requirements on military personnel and commanders. Military personnel, particularly warrant officers and non-commissioned officers, must adhere to the new conditions for rank reduction and the updated scale of punishment. Commanders are granted the authority to impose financial penalties, including deductions from ordinary pay, up to certain limits, for various offences committed by enlisted soldiers. The Regulations also mandate the inclusion of acting ranks and classifications in disciplinary actions and punishments, ensuring that these temporary roles are subject to the same disciplinary measures as permanent ranks. The Regulations introduce several offences and potential consequences for breach. Non-commissioned officers, including those holding acting or lance ranks, can be reduced in rank, reverted to their permanent rank, or forfeit seniority of rank by the sentence of a court-martial. Commanders must ensure that any deductions from pay do not exceed the specified limits (£3 for minor offences and £5 for war service offences). Failure to comply with these provisions could result in the improper imposition of penalties or the neglect of disciplinary measures. While specific penalties for breaches are not detailed in the Regulations, breaches of military law generally carry severe consequences, including further disciplinary actions, financial penalties, and potential criminal charges under the Defence Act.

Area of Law: Military Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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