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seniority of officers and gave the Governor-General the power to determine seniority by notification in the Gazette, is repealed.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in the Gazette of the appointment of officers and the termination of the services of officers, respectively, are repealed.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for reductions in rank, and regulation 167, which stated when reductions in rank or seniority took effect, have been repealed and replaced.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.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1987 No. 177, issued by the authority of the Minister for Defence, were enacted to address issues arising from changes in the organization and administration of the Australian Army. These amendments to the Australian Military Regulations, which are made under the Defence Act 1903, were necessary to update and streamline the regulations in light of recent legislative changes and reviews. The amendments aim to remove outdated or unnecessary provisions, correct minor errors, and clarify certain expressions and provisions within the Regulations. Importantly, these changes do not affect the rights or conditions of service of any member of the Army.
The Statutory Rule itself is structured to make the required amendments as specified in the Schedule, which details the repeal of certain provisions and the introduction of clearer regulatory language where necessary. For example, it repeals the requirement for Gazette notifications regarding officer appointments and terminations, which were deemed unnecessary and overly complex. Additionally, it updates the regulations regarding the seniority of officers and applications for reductions in rank, ensuring that these provisions remain relevant and effective within the current administrative framework. The Statutory Rule is designed to come into operation upon gazettal, ensuring a timely update of the Regulations to align with modern practices and legislative standards.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rule 1987 No. 177 applies to the Australian Army, affecting the organization and administration as prescribed under the Defence Act 1903. The amendments primarily target the updating and clarification of existing provisions within the Australian Military Regulations, ensuring they remain relevant and effective in light of recent changes and reviews. This legislative amendment seeks to streamline administrative procedures by repealing certain outdated provisions, such as those requiring notifications in the Gazette for officer appointments and retirements, and clarifying others to enhance operational efficiency. The amendments do not affect the rights or conditions of service of any member of the Army, ensuring that the changes are purely administrative. The Statutory Rule, which comes into operation upon gazettal, is a Commonwealth instrument, applying nationally across Australia. It does not specify exclusions or exemptions, but the scope is limited to the Australian Military Regulations, thus affecting only those within the military jurisdiction. The Act may be further extended or restricted through subordinate instruments, aligning with broader legislative intents and requirements.
Key Provisions
The Australian Military Regulations (Amendment) Statutory Rule 1987 No. 177 primarily updates and clarifies the Australian Military Regulations made under the Defence Act 1903. The changes are detailed in the Schedule, which includes the repeal of certain provisions and updates others to reflect changes in the Army's organization and administration. Notably, Regulation 44, which previously dealt with the seniority of officers and allowed the Governor-General to determine seniority via Gazette notification, has been repealed (Schedule, item 1). Similarly, Regulations 78 and 123A, which required the Gazette publication of officer appointments and terminations, have also been repealed (Schedule, items 2 and 3). These changes reflect the current administrative practices and remove unnecessary formalities. Additionally, Regulations 166 and 167, concerning applications for reductions in rank and the effective date of such reductions, have been revised for clarity (Schedule, items 4 and 5).
The obligations imposed by the Statutory Rule on the relevant parties include the cessation of Gazette notifications for officer appointments and terminations, and the implementation of the new regulations for handling applications for reductions in rank. The new regulations provide clearer guidelines on the process for such applications, who can handle them, and how they should be processed. This amendment ensures that administrative procedures are in line with current practices and removes outdated formalities.
Failure to comply with the provisions of the amended Regulations may result in administrative penalties or other consequences as stipulated by the Defence Act 1903. Although the Statutory Rule itself does not specify particular offences or penalties, non-compliance with the Defence Act’s provisions could lead to disciplinary actions against military personnel or other administrative consequences. The exact penalties would depend on the nature and severity of the breach, as outlined in the Defence Act 1903. These could range from formal reprimands to more severe disciplinary measures, depending on the context and the specific breach involved.