EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 19
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, prescribe various matters relating to the organization and administration of the Army.
Background
Regulations 95, 96 and 97 made provision for officers of the Army to be appointed as Aides-de-Camp etc to the Governor General and to State Governors.
Regulations 98, 99 and 100 made provision for State Governors, officers of the Army, or retired officers to be appointed as Honorary Colonels, etc, of a regiment or other unit.
These regulations were inadequate in many respects, and there had been significant practical difficulties in operating under them. A review of the regulations concluded that they were not legally necessary, and that the appointments concerned can be dealt with by administrative action. It will be sufficient if rules governing these appointments and the procedures to be followed are set out in Defence Instructions (General) issued under section 9A of the Act. The Attorney-General’s Department has agreed with this assessment.
Australian Military Regulations (Amendment)
Regulation 1 of the Statutory Rule repeals regulations 95 to 100 (inclusive).
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1987, issued by the authority of the Minister for Defence, was enacted to address the inadequacy and impracticality of existing regulations governing the appointment of officers as Aides-de-Camp to the Governor General and State Governors, as well as the appointment of Honorary Colonels within the Army. The Australian Military Regulations, made under the Defence Act 1903, previously prescribed certain matters concerning the organisation and administration of the Army; however, these specific provisions were found to be legally unnecessary and problematic in practice. The policy objective behind this amendment is to streamline the appointment process by removing these regulations and instead outlining the necessary rules and procedures in Defence Instructions (General) issued under section 9A of the Defence Act 1903. This change ensures that the appointments in question can be managed more effectively through administrative action, thereby improving the overall administration of the Army.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rule 1987 No. 19, issued under the authority of the Minister for Defence, amends the Australian Military Regulations made under the Defence Act 1903. This legislation specifically addresses the regulation of appointments within the Army, particularly those concerning Aides-de-Camp to the Governor General and State Governors, as well as Honorary Colonels of regiments or other units. These appointments were previously governed by Regulations 95 to 100, which have now been repealed. The amendments are intended to streamline the process by removing the legal necessity of these appointments and transferring their governance to administrative actions detailed in Defence Instructions (General), in accordance with the Attorney-General’s Department's agreement that these changes are appropriate. The scope of this amendment applies to officers of the Army, State Governors, and retired officers involved in such appointments, and it takes effect from the date of its gazettal.
Key Provisions
The Australian Military Regulations (Amendment) Statutory Rule 1987 No. 19, issued under the authority of the Minister for Defence, brings about significant changes to the existing regulations by repealing Regulations 95 to 100 (Regulation 1). These regulations previously provided for the appointment of officers as Aides-de-Camp to the Governor General and State Governors, as well as the appointment of State Governors, Army officers, or retired officers as Honorary Colonels of regiments or other units. The repeal of these regulations reflects a review that found them to be inadequate and legally unnecessary, with the Attorney-General’s Department concurring that the appointments can be managed through administrative actions and Defence Instructions (General) issued under section 9A of the Defence Act 1903.
Under these new provisions, the obligations placed on the parties or entities governed by the Regulations are streamlined. The primary requirement is that the Defence Instructions (General) will now govern the appointment processes for Aides-de-Camp and Honorary Colonels. This means that the detailed rules and procedures for such appointments will be outlined in these Defence Instructions, ensuring clarity and efficiency in administrative processes. Entities and individuals involved in these appointments must adhere to the procedures and requirements set out in the Defence Instructions, ensuring consistency and compliance with Defence policies.
The Amendment does not introduce new offences, penalties, or consequences for breach, as it primarily focuses on the repeal of existing regulations and the redirection of governance to Defence Instructions (General). However, any failure to comply with the new Defence Instructions could result in administrative or disciplinary action within the Defence Force, as outlined in the relevant Defence policies and procedures. The specific consequences for non-compliance would depend on the nature and severity of the breach, and could potentially include administrative penalties or disciplinary measures as deemed appropriate by the Defence authorities.