EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 177
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations (“the Regulations”), made under the Defence Act 1903 (“the Act”), prescribe various matters relating to the organization and administration of the Army.
Background
There had been changes in recent years in the organization and administration of the Army which rendered certain provisions of the Regulations unnecessary. These were caused by reviews of that organization and administration and by amendments to the Act. In addition, it was desirable to clarify the meaning of certain provisions and expressions in the Regulations and to correct minor errors.
The Statutory Rule makes the necessary amendments.
Australian Military Regulations Amendments
The sole regulation in the Statutory Rule refers to the Schedule which contains the amendments. Most of the amendments contained in the Schedule repeal provisions which are no longer required or make changes of a drafting nature. These amendments update the Regulations in conformity with earlier legislation or reflect changes in organization and administration. They do not adversely affect the rights or conditions of service of any member of the Army. Particulars of the more significant amendments are set out below.
Regulation 44, which prescribed the seniority of officers and gave the Governor-General the power to determine seniority by notification in the Gazette, is repealed. Regulation 44 was no longer required because a power to command is now not related to seniority.
Regulations 78 and 123A, which required notification in the Gazette of the appointment of officers and the termination of the services of officers, respectively, are repealed. Publication of appointments and retirements was no longer required for any purpose and involved what was, in the circumstances, an expensive and complicated procedure. The Navy and Air Force were no longer subject to the same requirements.
Regulation 166, which dealt with applications for reductions in rank, and regulation 167, which stated when reductions in rank or seniority took effect, have been repealed and replaced. The new regulations 166 and 167, while covering the same subject matter, set out more clearly the manner of making such applications, the persons entitled to deal with them, and the manner of dealing with them.
Commencement
The Statutory Rule comes into operation on gazettal.