STATUTORY RULES
1970 No. 153
–––––––––––––
REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*
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 1903-1970.
Dated this seventh day of December, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
––––––––
Amendments of the Australian Military Regulations†
Precedence of Corps.
1. Regulation 68 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words—
“The Corps of Staff Cadets,”,
the words—
“The Company of Officer Cadets,”.
Certificate of discharge.
2. Regulation 179 of the Australian Military Regulations is amended by omitting the words “unless the soldier cannot be found” and inserting in their stead the words “on request being made by the soldier”.
Remission of Forfeitures of pay, &c.
3. Regulation 298 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the word “paid”, the words “, to the member or, where the member has died or the Military Board has directed that the death of the member is to be presumed to have occurred, to the member’s dependants”.
Cancellation of commision for non-efficiency.
4. Regulation 505 of the Australian Military Regulations is repealed.
* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations, see footnote † to Statutory Rules 1970, No. 101, and see also Statutory Rules 1970, No. 101.
Printed by Authority by the Government Printer of the Commonwealth of Australia
23598/70—Price 5c 10/16.11.1970
Overview
The Statutory Rules 1970 No. 153, enacted under the Defence Act 1903-1970, aim to amend the Australian Military Regulations, bringing about several updates to enhance the administration and operation of the Australian Defence Force. This legislative instrument was introduced to address discrepancies and inefficiencies in the existing regulations governing the military personnel's conduct, discharge, and financial matters. The regulations were made by the Governor-General in Council, which serves as the enacting body, with the overarching policy objective of improving the operational efficiency and administrative clarity within the Defence Force. These amendments seek to ensure that the rules governing the military personnel are both fair and effective, addressing issues such as the discharge process, the handling of forfeited pay, and the administration of commissions.
Scope and Application
The Statutory Rules 1970 No. 153, made under the Defence Act 1903-1970, pertain to amendments of the Australian Military Regulations, specifically impacting various aspects of military conduct and administration. The regulations are applicable to members of the Australian Defence Force, including both serving personnel and those who have been discharged, as well as their dependants in cases of death or presumed death. The amendments cover the precedence of military corps, the procedures for obtaining a certificate of discharge, and the remittance of forfeitures of pay. These regulations also address the cancellation of commissions for non-efficiency. Geographically, these regulations apply nationally within Australia, as they are promulgated by the Commonwealth government. While the regulations themselves do not explicitly state exclusions or exemptions, the specific application to military personnel suggests that they do not apply to civilians. The scope of these regulations may be further defined or extended through subordinate instruments, although this particular legislative instrument does not provide details on such extensions.
Key Provisions
The Statutory Rules 1970 No. 153, made under the Defence Act 1903-1970, introduce several amendments to the Australian Military Regulations. The most notable changes include the addition of the Company of Officer Cadets to the precedence of corps (Regulation 68(1)), the modification of the certificate of discharge procedure (Regulation 179), the inclusion of provisions for the payment of remissions of forfeitures of pay to a member's dependants upon the member's death or presumed death (Regulation 298(1)), and the repeal of the regulation concerning the cancellation of commission for non-efficiency (Regulation 505). These amendments aim to enhance the administration and efficiency of military operations within the Australian Defence Force.
The obligations imposed on the parties or entities governed by these regulations are primarily concerned with the correct and timely processing of discharge certificates and the distribution of financial entitlements. Military personnel must now request their discharge certificates personally, ensuring that they receive these documents when they leave service (Regulation 179). Additionally, the regulations require that any remissions of forfeitures of pay are paid to the member or their dependants if the member has passed away or if their death is presumed by the Military Board (Regulation 298(1)). The amendment to the precedence of corps (Regulation 68(1)) also imposes an obligation on military personnel to recognize and respect the new order within the military hierarchy.
Failure to comply with these regulations could result in various civil or criminal consequences, although specific penalties are not detailed within the text of these rules. For instance, not adhering to the new procedures for discharge certificates might lead to administrative issues for the affected personnel. Similarly, any mismanagement of financial entitlements could result in legal ramifications for those responsible. Given that the regulations are made under the Defence Act 1903-1970, breaches could potentially attract penalties as outlined in that primary legislation, which may include fines or imprisonment, depending on the severity of the breach.