Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00137 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1957. No. 56.

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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 twelfth day of October, 1957.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

J. O. CRAMER

Minister of State for the Army.

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Amendments of the Australian Military Regulations.

Appointment of Honorary Colonels.

1. Regulation 98 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words from and including the words “to be” and inserting in their stead the words “to be an Honorary Colonel or a Colonel Commandant of a Corps, or a regiment or battalion of a Corps, specified in the next succeeding sub-regulation”; and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The number of appointments under the last preceding sub-regulation shall not exceed—

(a) in the case of the Royal Australian Survey Corps, the Australian Intelligence Corps, the Royal Australian Army Dental Corps, the Australian Army Educational Corps, the Australian Army Catering Corps, the Royal Australian Army Pay Corps, the Australian Army Legal Corps, the Royal Australian Army Provost Corps and the Women’s Royal Australian Army Corps—one for each of those Corps;

 

* Notified in the Commonwealth Gazette on 17th October, 1957.

† 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. 26 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. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; and 1956, Nos. 52, 102 and 115.

3335/57.—Price 3d.


(b) in the case of the Royal Australian Army Nursing Corps—two for that Corps;

(c) in the case of the Royal Australian Artillery, the Royal Australian Engineers, the Royal Australian Corps of Signals, the Royal Australian Army Service Corps, the Royal Australian Army Medical Corps, the Royal Australian Army Ordnance Corps and the Royal Corps of Australian Electrical and Mechanical Engineers—six for each of those Corps;

(d) in the case of the Royal Australian Armoured Corps—one for each regiment of that Corps; and

(e) in the case of the Royal Australian Infantry Corps—one for the Royal Australian Regiment and one for each battalion of that Corps, not being a battalion of the Royal Australian Regiment.”; and

(c) by inserting in sub-regulation (4.), after the word “appointed”, the words “or re-appointed”.

Ages for retirement of officers.

2. Regulation 124 of the Australian Military Regulations is amended by omitting from Column 5 of the table in sub-regulation (1.) the figures “52”, “52”, “50”, “50”, “47” and “47” and inserting in their stead the figures “55”, “55”, “55”, “50”, “50” and “50”, respectively.

Re-engagement.

3. Regulation 140 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “at” and inserting in its stead the words “to serve for a further period from”;

(b) by omitting from sub-regulation (1.) the words “after the expiration of that period”;

(c) by inserting in sub-regulation (2.), after the word “Forces”, the words “, being a soldier who has not already re-engaged to serve for a further period after the expiration of his then current period of engagement or re-engagement,”;

(d) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) A soldier of the Permanent Forces may, with the consent of the Military Board, elect in writing to re-engage, and, upon his so electing, may be re-engaged, for the further period for which he is eligible to re-engage, at any time during, or on the expiration of, his then current period of engagement or re-engagement.”; and

(e) by omitting from sub-regulation (4.) the words “in accordance with the last preceding sub-regulation, notify his desire to re-engage” and inserting in their stead the words “in accordance with this regulation, notify his desire to re-engage, or elect to re-engage,”.


Compulsory retirement (peace) and discharge in time of war.

4. Regulation 191 of the Australian Military Regulations is amended by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(b) in any other case—

(i) if the soldier is a male soldier of the Permanent Forces—fifty-five years;

(ii) if the soldier is a male soldier of the Citizen Forces—forty-eight years; or

(iii) if the soldier is a female soldier of the Permanent Forces or the Citizen Forces—fifty years.”.

Losses due to neglect.

5. Regulation 294a of the Australian Military Regulations is repealed.

Extended leave of absence without pay.

6. Regulation 473 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Military Board may grant leave of absence without pay to a member of the Permanent Forces for a period not exceeding twelve months.”.

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

Overview

The Statutory Rules of 1957, specifically No. 56, are regulations made under the Defence Act 1903-1956, addressing various amendments to the Australian Military Regulations. Enacted by the Governor-General, W. J. Slim, on the advice of the Federal Executive Council, these regulations aim to refine the framework governing the Australian Defence Force, including the appointment of honorary colonels, the age limits for officers' retirement, and the terms of re-engagement and compulsory retirement. The regulations also adjust the conditions for leave of absence without pay for members of the Permanent Forces. These amendments are intended to streamline the military governance and better align with the evolving needs and policies of the Australian Defence Force. The policy objective behind these amendments is to ensure that the military structure remains efficient and adaptable, providing clear guidelines for the roles, responsibilities, and career progression within the Defence Force. By updating the Australian Military Regulations, these statutory rules aim to address any gaps or outdated provisions within the existing framework, thereby enhancing the overall governance and operational effectiveness of the Defence Force.

Scope and Application

The Statutory Rules of 1957 No. 56, made under the Defence Act 1903-1956, introduce amendments to the Australian Military Regulations, affecting both the appointment and service terms of military officers. These regulations apply to various military corps within the Australian Defence Force, including the Royal Australian Survey Corps, the Australian Intelligence Corps, the Royal Australian Army Dental Corps, among others, governing the number of honorary colonels or colonel commandants that can be appointed within each corps. The regulations also modify the age criteria for the retirement of officers and the terms under which soldiers can re-engage for further service, as well as the conditions for compulsory retirement during peacetime and discharge in times of war. Notably, the amendments specify new retirement ages for different categories of soldiers, including male and female officers in the Permanent and Citizen Forces. Additionally, the regulations revise the rules concerning extended leave of absence without pay for members of the Permanent Forces, permitting such leave for a period not exceeding twelve months. These legislative changes are intended to refine and modernise the administrative and operational framework of the Australian military, ensuring that it remains effective and responsive to contemporary needs.

Key Provisions

The Regulations under the Defence Act 1903-1956 provide several key amendments to the Australian Military Regulations. Firstly, Regulation 98 is amended to clarify the appointment of Honorary Colonels, specifying the number of appointments for various military corps (Regulation 1). Secondly, the ages for retirement of officers are adjusted, with specific ages set for different categories of officers (Regulation 2). Thirdly, Regulation 140 is amended to allow soldiers of the Permanent Forces to re-engage with the consent of the Military Board at any time during or after their current period of engagement (Regulation 3). Fourthly, the age limits for compulsory retirement in peacetime and discharge in wartime are updated (Regulation 4). Fifthly, Regulation 294a, which deals with losses due to neglect, is repealed (Regulation 5). Lastly, Regulation 473 is amended to allow the Military Board to grant extended leave of absence without pay to members of the Permanent Forces for up to twelve months (Regulation 6). These Regulations impose several obligations on military personnel and the Military Board. The Military Board must ensure that appointments of Honorary Colonels are made within the specified limits and that soldiers are re-engaged in accordance with the updated provisions. Officers must adhere to the new retirement ages, and the Military Board must manage leave of absence without pay within the stipulated period. These provisions ensure that the military maintains a structured and orderly operation. Failure to comply with these Regulations can result in legal consequences. While the Regulations do not explicitly state offences or penalties, breaches of military regulations can lead to disciplinary actions, including discharge from service, fines, or imprisonment as outlined in the Defence Act 1903-1956 and other relevant military laws. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Defence Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.