Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00140 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1958. No. 85.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

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 1903-1956.

Dated this 19th day of December, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

J. O. CRAMER

Minister of State for the Army.

————

Amendments of the Australian Military Regulations.†

Authority to appoint and promote W.O.s.

1. Regulation 142 of the Australian Military Regulations is amended by omitting from sub-regulation (1.) the words “not below the rank of brigadier”.

Blasphemy, indecency and immoral conversation.

2. Regulation 207 of the Australian Military Regulations is amended—

(a) by omitting the words “or of the Senior Cadets”;

(b) by omitting the words “, if a member of the Military Forces,”; and

(c) by omitting all words after the letters and figures “A.M.R. 215”.

Limitation of powers of summary punishment.

3. Regulation 269 of the Australian Military Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

(b) The following sections of the D.A.: 74, 79, 81 and 95.”.

4. Regulation 485 of the Australian Military Regulations is repealed and the following regulations are inserted in its stead:—

Service of persons called up under the National Service Act.

“485.—(1.) The service to be rendered by a person under sub-section (1.) of section 33 of the National Service Act shall be—

(a) full-time training at a camp of continuous training for seventy-seven consecutive days; and

 

* Notified in the Commonwealth Gazette on 23 December, 1958.

† Statutory Rules 1927, No. 149, as amended to date. For previous amendments to Australian Military Regulations, see footnote † to Statutory Rules 1958, No. 31 and see also Statutory Rules 1958, No. 32.

7535/58.—Price 3d.        9/3.11.1958.


(b) part-time training—

(i) at a camp or camps of continuous training for a total period of forty-two days; and

(ii) at parades (consisting of week-end bivouacs or courses, whole day, half-day and night parades), or at a camp or camps of continuous training, for a total period of twenty-one days.

“(2.) The service to be rendered by a member of the Citizen Forces under sub-section (7.) of section 51 of the National Service Act need not be rendered continuously and may include—

(a) full-time training in accordance with paragraph (a) of the last preceding sub-regulation for not more than seventy-seven days; and

(b) part-time training in accordance with paragraph (b) of the last preceding sub-regulation for not more than sixty-three days.

“(3.) The service to be rendered by a member of the Citizen Forces under sub-section (8.) of section 51 of the National Service Act need not be rendered continuously and may include—

(a) full-time training in accordance with paragraph (a) of sub-regulation (1.) of this regulation for not more than the number of days by which the number of days on which he has rendered service in full-time training under sub-section (1.) of section 33 of that Act is less than seventy-seven days; and

(b) part-time training in accordance with paragraph (b) of sub-regulation (1.) of this regulation for not more than the number of days by which the number of days on which he has rendered service in part-time training under sub-section (1.) of section 33 of that Act is less than sixty-three days.

Leave of absence from service, etc.

“485a.—(1.) A prescribed authority to whose custody a member of the Citizen Forces has been committed for the purpose of rendering service in accordance with section 51 of the National Service Act may, unless the member is detained in a prescribed place, grant to the member leave of absence from service.

“(2.) A prescribed authority may, in a case of emergency on compassionate grounds, permit a member of the Citizen Forces who has been committed to the custody of a prescribed authority for the purpose of rendering service in accordance with section 51 of the National Service Act and who is detained in a prescribed place to leave the prescribed place.

“(3.) The granting of leave of absence, or the giving of permission to leave a prescribed place, to a member of the Citizen Forces by a prescribed authority under this regulation may be upon conditions notified to the member in writing by the prescribed authority.

“(4.) In this regulation, ‘prescribed authority’ means a prescribed authority for the purposes of section 51 of the National Service Act.

Notice of change in place of living under the National Service Act.

“485b. The notice that is required, by paragraph (b) of sub-section (4.) of section 17 of the National Service Act, to be given by a member of the Citizen Forces, being a member who is deemed to have been


enlisted for service in the Citizen Forces under that Act, after changing his place of living, shall be given, within thirty days after the day on which the change takes place, to—

(a) where the member has not, at the time of giving the notice, completed the service in the Citizen Forces that he is required to render under the National Service Act—the commanding officer of the member; or

(b) in any other case—the commanding officer of the unit with which the member was serving when he completed the service that he is required to render under the National Service Act or, if that unit is disbanded before the time of giving the notice, the Headquarters of the Command in which the unit was situated when disbanded.”.

Appendix 1.

5. Appendix 1 to the Australian Military Regulations is amended by omitting from Part II. the heading “A.M.R. 747.” and the statement of offences under that heading and inserting in their stead the following heading and statement of offences:—

“A.M.R. 736.

(a) Without lawful authority

(making out

Delivering

Making

having in his possession

making an entry in

a roll book.

(b) Wilfully making a {false/misleading} entry in a roll book in circumstances not amounting to an offence under paragraph (a) of section 73b of the Defence Act 1903-1956.

(c) Wilfully {making an incorrect alteration in damaging} a roll book.

(d) Wilfully omitting to make an entry in a roll book that he was required to make.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1958, No. 85, under the Defence Act 1903-1956, were enacted to amend the Australian Military Regulations and address issues arising from the National Service Act. The Defence Act 1903-1956, enacted by the Parliament of Australia, governs the administration and operation of the Australian Defence Force, and these regulations serve to further refine and update the rules governing military personnel. The amendments made in 1958 sought to streamline regulations concerning the appointment and promotion of warrant officers, clarify the scope of punishments for acts of blasphemy, indecency, and immoral conversation, limit the powers of summary punishment, and detail the specific service requirements and leave provisions for members of the Citizen Forces under the National Service Act. The policy objective behind these regulations is to ensure that the military maintains a disciplined and well-organised force while accommodating the specific needs and circumstances of its members.

Scope and Application

The Statutory Rules of 1958 No. 85 under the Defence Act 1903-1956 amend the Australian Military Regulations, governing various aspects of military discipline and service obligations within the Australian Defence Force. These regulations apply to all members of the military, including both full-time and part-time personnel, and encompass a range of behaviours and conduct from the appointment and promotion of warrant officers to the limitations on summary punishments. The scope of these regulations extends to the conduct of all individuals serving in the military, regardless of their rank or role, and the regulations clarify the specific types of training and service required under the National Service Act, including the conditions under which leave of absence may be granted and the process for notifying changes in place of living. While the regulations are broad in their application, they are subject to further definition and specification through subordinate instruments, which may include additional rules or clarifications issued by the appropriate authorities.

Key Provisions

The Statutory Rules 1958 No. 85, Regulations under the Defence Act 1903-1956, make several amendments to the Australian Military Regulations (AMR). Firstly, Regulation 142 is amended to remove the restriction that only individuals not below the rank of brigadier can be appointed or promoted within the military (section 1). Regulation 207 is amended to exclude references to Senior Cadets and to remove certain clauses, effectively streamlining the regulation (section 2). Regulation 269 is altered to specify the sections of the Defence Act 1903-1956 that pertain to the limitation of summary punishment powers (section 3). Regulation 485 is repealed and replaced with new provisions concerning the service to be rendered by individuals called up under the National Service Act, detailing both full-time and part-time training requirements (section 4). Additionally, Regulations 485a and 485b address leave of absence for members of the Citizen Forces and the notice requirements for changes in place of living, respectively (sections 4 and 485b). These Regulations impose several obligations on the parties governed by them. Members of the military, particularly those under the National Service Act, are required to adhere to the specified training schedules and conditions for full-time and part-time service as outlined in Regulation 485. Regulation 485a mandates that prescribed authorities may grant leave of absence to members of the Citizen Forces under certain conditions, while Regulation 485b requires members to notify their commanding officers or relevant authorities of any change in their place of residence within 30 days. These provisions ensure that service members are aware of their obligations and that authorities can manage and supervise their service effectively. Breaches of these Regulations may result in various consequences. For instance, Regulation 736, as amended in Appendix 1, outlines offences related to the unauthorised making, delivery, or possession of documents such as roll books, or the making of false or misleading entries in these documents. Such offences could lead to criminal charges, with potential penalties depending on the severity of the offence. For example, making an entry in a roll book without lawful authority or making a false entry in a roll book could attract significant penalties under the Defence Act 1903-1956. The specific penalties are not detailed in the Regulations but would typically be prescribed under the relevant sections of the Defence Act.

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