Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00091 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 6.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

I, THE ADMINISTRATOR of the Government of 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 seventeenth day of January, 1945.

W. DUGAN

Administrator.

By His Excellency’s Command,

J. M. FRASER

Acting Minister of State for the Army.

 

Amendment of the Australian Military Regulations. †

Subdivision of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended—

(a) by omitting the words and figures “Division 7.—Furlough—Permanent Force…478-481” and inserting in their stead the words and figures “Division 7.—Furlough— Permanent Forces…477a-481a”; and

(b) by omitting the words and figures “Division 5—Leave of absence on ground of illness, Permanent Forces…820-831” and inserting in their stead the words and figures “Division 5.—Leave of absence on ground of illness, Permanent Forces…819a-831”.

Discharge of soldiers enlisted under the D.A.

2. Regulation 184a of the Australian Military Regulations is amended by inserting in sub-regulation (1) after paragraph (m) the following paragraph:—

“(mm) that he has been sentenced during his service to detention for a period of not less than six months; or”.

 

* Notified in the Commonwealth Gazette on 18th January, 1945.

† 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. 20 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. 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, 69, 71, 72, 114, 120, 122, 154 and 164.

7306.—Price 3d.


3. The Australian Military Regulations are amended by inserting in Division 7 of Part VI. immediately before regulation 478 the following regulation:—

“Certain officers and soldiers not “members” for purposes of this Division.

477a. For the purposes of this Division—

(i) an officer other than a graduate of the Royal Military College who graduated on or after the sixth day of October, 1939, or a soldier appointed or enlisted—

(a) for service in a Garrison Battalion, or

(b) on or after the third day of September, 1939, for service in a military force raised in time of war for war service, or

(c) on or after the sixth day of October, 1939, and before the termination of the time of war which commenced on the second day of September, 1939, or

(ii) a soldier enlisted on or after the third day of September, 1939, solely for service in time of war,

shall not, by reason only of such appointment or enlistment, be deemed to be a member.

4. The Australian Military Regulations are amended by inserting in Division 5 of Part XIII. immediately before regulation 820 the following regulation:—

“Certain officers and soldiers not “members” for purposes of this Division.

819a. For the purposes of this Division—

(i) an officer other than a graduate of the Royal Military College who graduated on or after the sixth day of October, 1939, or a soldier appointed or enlisted—

(a) for service in a Garrison Battalion, or

(b) on or after the third day of September, 1939, for service in a military force raised in time of war for war service, or

(c) on or after the sixth day of October, 1939, and before the termination of the time of war which commenced on the second day of September, 1939, or

(ii) a soldier enlisted on or after the third day of September, 1939, solely for service in time of war,

shall not, by reason only of such appointment or enlistment, be deemed to be a member.”.

 

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

Overview

The Statutory Rules 1945 No. 6, Regulations under the Defence Act 1903-1941, were enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 17 January 1945. These regulations were introduced to amend the Australian Military Regulations, addressing issues related to furlough, leave of absence on grounds of illness, and the discharge of soldiers enlisted under the Defence Act. The policy objective was to provide clarity and update certain provisions to better align with the circumstances of military service during wartime. The regulations reflect the need for specific adjustments to military protocols to cater to the unique challenges posed by the ongoing conflict.

Scope and Application

The Regulations under the Defence Act 1903-1941, made in 1945, apply to the Australian Military Regulations, impacting the structure and specific provisions related to furlough and leave of absence for permanent forces. These amendments specifically concern officers and soldiers appointed or enlisted under certain conditions during wartime, excluding them from the definition of 'members' for the purposes of the regulations on furlough and leave of absence. The geographic and jurisdictional reach of these regulations is national, applying across all military forces within the Commonwealth of Australia. There are no stated exclusions or exemptions within the text, and while the regulations themselves do not extend or restrict application through subordinate instruments, they are subject to the overarching Defence Act 1903-1941. The amendments reflect the administrative adjustments necessary to accommodate the unique circumstances of wartime enlistment and service.

Key Provisions

The main operative sections of these Regulations under the Defence Act 1903-1941 involve amendments to the Australian Military Regulations, particularly regarding furlough and leave of absence on grounds of illness for permanent forces. Regulation 2 is amended to reclassify and renumber the Divisions related to furlough and leave of absence, shifting them to "Permanent Forces" and adjusting the section numbers accordingly (sections 1 and 4). Regulation 184a is also amended to include an additional criterion for the discharge of soldiers enlisted under the Defence Act, specifically if they have been sentenced to detention for a period of not less than six months during their service (section 2). These Regulations impose obligations on the parties involved, primarily focusing on the administrative adjustments and clarifications within the Australian Military Regulations. They mandate specific criteria for determining membership eligibility in certain furlough and leave of absence provisions, particularly for officers and soldiers enlisted under certain conditions (sections 3 and 4). These amendments ensure that only specific categories of officers and soldiers are deemed members for the purposes outlined in these divisions, thereby clarifying the scope of the regulations. Any breach of these Regulations may lead to various consequences depending on the severity and nature of the violation. While the document does not explicitly outline the penalties for non-compliance, under the Defence Act 1903-1941, breaches of military regulations can generally result in disciplinary action, which may include fines, imprisonment, or other punitive measures as deemed appropriate by the military authorities. The specific penalties would be determined based on the nature and gravity of the offence, in accordance with the applicable military law provisions.

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