Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00095 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 68.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

 

Dated this second day of May, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

D. CAMERON

for Minister of State for the Army.

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Amendments of the Australian Military Regulations.†

Business Adviser.

1. Regulation 30a of the Australian Military Regulations is amended by omitting from paragraph (b) of sub-regulation (3) the words “Lieutenant-General in Charge of Administration” and inserting in their stead the words “Chief of the General Staff”.

Signature of documents on behalf of officers commanding Military Forces in time of war.

2. Regulation 32 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “Lieutenant-General in charge of Administration” and inserting in their stead the words “Deputy Chief of the General Staff”.

Chaplains.

3. Regulation 127 of the Australian Military Regulations is amended by adding at the end of sub-regulation (1) the following proviso:—

“Provided that a chaplain placed on the Retired List may, with the approval of the Military Board, be granted a classification not higher than the highest classification held by him for a period of not less than six months during his service on the Active List.”.

4. After regulation 548 of the Australian Military Regulations the following regulation is inserted:—

Women who are officers.

“548a. The provisions of Part VI. of the Military Forces (Women’s Services) Regulations shall apply to any woman who is an officer of the Australian Army Medical Corps in the same manner as if she were a member of the Australian Army Nursing Service.”.

 

* Notified in the Commonwealth Gazette on 11th May, 1945.

† Statutory Rules 1927, No. 14, 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 100; 1936, Nos. 21, 44 and 100; 1937, No. 46; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 20, 50, 150, 183, 184, 185, 186, 199, 287, 252, 272 and 278; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 200 and 311; 1942, Nos. 35, 50, 60, 85, 114, 166, 170, 211, 231, 280, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; and 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; and 1945, Nos. 6 and 19.

2047—Price 3d.


5. Regulation 592 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Status, precedence and command.

“592 (1) A chaplain shall be a commissioned officer of the Military Forces and shall wear badges of rank appropriate to his precedence as provided by these Regulations, but shall not hold any rank other than that of chaplain.

(2) Subject to sub-regulation (5) of regulation 595, sub-regulation (2) of regulation 595a, sub-regulation (2) of regulation 595b and sub-regulation 596 of these Regulations, chaplains shall have precedence and command in accordance with A.M.R. 53.”.

Classes of Chaplains. Command and precedence.

6. Regulation 594 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “, other than chaplains-general and the Senior Jewish Chaplain,”.

Chaplains-General.

7. Regulation 595 of the Australian Military Regulations is amended by omitting sub-regulation (5) and inserting the following sub-regulation in its stead:—

“(5) A chaplain-general shall take precedence as a Major-General.”.

Deputy Chaplains-general.

8. Regulation 595a of the Australian Military Regulations is amended by omitting sub-regulation (2) and inserting the following sub-regulation in its stead:—

“(2) A deputy chaplain-general shall take precedence as a Major-General.”.

9. Regulation 595b of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Senior Jewish Chaplain.

“595b. (1) The Governor-General may appoint a minister or chaplain of the Jewish faith to be Senior Jewish Chaplain.

(2) The Senior Jewish Chaplain shall take precedence as a Colonel.”.

10. After Australian Military Regulation 595b the following regulation is inserted:—

Chaplains, 1st Class.

“595c. A minister of religion or a chaplain appointed to be a chaplain-general or a deputy chaplain-general or the Senior Jewish Chaplain may be appointed a chaplain, 1st class.”.

Senior chaplains and deputy senior chaplains.

11. Regulation 596 of the Australian Military Regulations is amended by omitting sub-regulation (3) and inserting the following sub-regulation in its stead:—

“(3) A deputy senior chaplain shall take precedence as a major.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1945 No. 68, made under the Defence Act 1903-1941, represents a series of amendments to the Australian Military Regulations to address evolving military requirements during wartime. Enacted by the Governor-General in Council, these regulations update various aspects of military administration, including the amendment of signatures on military documents, the status and precedence of chaplains, and the application of certain provisions to women officers in the Australian Army Medical Corps. The policy objective is to ensure that the Australian Military Regulations remain relevant and effective in supporting the operational needs of the military during a period of significant conflict.

Scope and Application

The Statutory Rules 1945 No. 68, which amend the Australian Military Regulations under the Defence Act 1903-1941, pertain to the administration and operational aspects of the Australian Military Forces, particularly during wartime. These regulations apply to officers commanding military forces, chaplains, and female officers within the Australian Army Medical Corps. The amendments specify changes to the hierarchy, such as substituting the "Chief of the General Staff" for the "Lieutenant-General in Charge of Administration" and adjusting the precedence of various ranks and roles within the military hierarchy, including chaplains and deputy chaplains. This legislative instrument has a national reach within the Commonwealth of Australia and is intended to ensure that military operations are conducted with appropriate oversight and authority. There are no stated exclusions or thresholds in these amendments, but they do provide for specific conditions and classifications for chaplains and female officers. The application of these regulations can be further refined or expanded through subordinate instruments, allowing for additional details and operational specifications to be set as necessary.

Key Provisions

The Regulations under the Defence Act 1903-1941, made by the Governor-General on May 2, 1945, bring several amendments to the Australian Military Regulations (AMR). The changes focus primarily on the roles and status of chaplains within the military hierarchy, as well as the authority for signing documents during wartime. Regulation 30a (sub-regulation 3) now designates the Chief of the General Staff instead of the Lieutenant-General in Charge of Administration as the authority to sign documents on behalf of officers commanding military forces in time of war (para 1). Similarly, Regulation 32 now assigns this responsibility to the Deputy Chief of the General Staff (para 2). Additionally, Regulation 127 allows for chaplains on the Retired List to be granted a classification, subject to approval by the Military Board, not higher than the highest classification they held during their service on the Active List (para 3). These regulations impose specific obligations on various military roles and chaplains. They define the authority and precedence of different ranks within the military, particularly for chaplains. For example, Regulation 592 clarifies that chaplains are commissioned officers who wear rank badges appropriate to their precedence but cannot hold any rank other than that of chaplain (para 5). Furthermore, Regulation 595 establishes that a chaplain-general takes precedence as a Major-General, while a deputy chaplain-general is accorded the same precedence (paras 7 and 8). Regulation 595b specifies that the Senior Jewish Chaplain, appointed by the Governor-General, takes precedence as a Colonel (para 9). These provisions detail the hierarchical structure and command roles within the military, ensuring clarity and order. Breaches of these regulations could lead to various penalties, although the specific consequences are not detailed within the regulations themselves. Typically, violations of military regulations could result in disciplinary actions, administrative penalties, or even court-martial for serious infractions. The precise penalties would depend on the nature and severity of the breach, as well as the relevant military laws and disciplinary codes in effect at the time.

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