Australian Military Regulations (Amendment)

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Statutory Rules

1980 No. 64

REGULATION UNDER THE DEFENCE ACT 19031

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903.

 Dated this twentieth day of March 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

J. E. MCLEAY

Minister of State for Administrative Services
for and on behalf of the
Minister of State for Defence

_______________

ADMENMENT OF THE AUSTRALIAN MILITARY
REGULATIONS2

 Re-engagement

  Regulation 140 of the Australian Military Regulations is amended by inserting after subparagraph (ii) of paragraph (c) of sub-regulation (5) the following sub-paragraph:

 “(iiA) a Staff Officer, Grade 2 (Personnel) on the establishment of the Central Army Records Office;”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 March 1980.

2. 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; 1956 Nos. 52 102 and 115; 1957 No. 56; 1958 Nos. 31, 32 and 85; 1959 Nos. 22 and 30; 1960 No. 25; 1961 No. 42; 1962 Nos. 23, 27, 68, 69 and 71; 1963 No. 28; 1964 Nos. 62, 83, 93 and 149; 1965 Nos. 61, 72, 116, 119, 138 and 174; 1966 Nos. 119 and 167; 1967 Nos. 13, 118 and 168; 1968 Nos. 91 and 96; 1969 Nos. 76, 94, 96, 197 and 217; 1970 Nos. 101 and 193; 1971 Nos. 85 and 179; 1972 Nos. 57, 123 and 207; 1973 Nos. 99, 206, 245 and 250; 1974 Nos. 75 and 91; 1975 Nos. 2, 143, 144 and 192; 1976 Nos. 59 and 220; 1977 No. 50; 1978 Nos. 53, 139 and 197; 1979 Nos. 20, 30, 169, 170 and 242.

 

 

Overview

The Defence Act 1903 was enacted to establish the legal framework for the Australian Defence Force, including the governance, command, and administration of the military. The Act provides the foundational authority for the military's operations and the regulation of Defence personnel. The 1980 Statutory Rules, made under the Defence Act 1903, were introduced to amend the Australian Military Regulations, specifically addressing the re-engagement of Staff Officers, Grade 2 (Personnel) within the Central Army Records Office. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations to ensure the administrative and operational efficiency of the Defence Force by providing clear guidelines for the re-engagement of specific personnel within the military hierarchy. The policy objective is to maintain a well-structured and functional Defence Force by allowing for the necessary re-engagement of key personnel.

Scope and Application

The Statutory Rules 1980 No. 64, made under the Defence Act 1903, pertains to the Australian Military Regulations and specifically amends Regulation 140. This amendment introduces a new sub-paragraph, "(iiA)", to paragraph (c) of sub-regulation (5) concerning re-engagement of certain personnel. The regulation now includes a Staff Officer, Grade 2 (Personnel) on the establishment of the Central Army Records Office within its scope. The regulation applies to the Commonwealth of Australia and is thus a federal instrument, covering entities and personnel within the Australian Defence Force. There are no stated exclusions or exemptions in this regulation, and it does not specify any thresholds. The application of this regulation may be further extended or restricted through subordinate instruments, which could provide additional details or specific conditions for its implementation.

Key Provisions

The Statutory Rules 1980 No. 64 under the Defence Act 1903 introduces an amendment to the Australian Military Regulations. Specifically, Regulation 140 is amended by adding a new sub-paragraph (iiA) under sub-regulation (5) of paragraph (c), which includes a Staff Officer, Grade 2 (Personnel) on the establishment of the Central Army Records Office as eligible for re-engagement (Regulation 140(5)(c)(iiA)). This amendment broadens the categories of personnel eligible for re-engagement, thereby providing more flexibility in managing military personnel. Under this regulation, the obligations imposed on the parties involve ensuring that the criteria for re-engagement, as stipulated in the updated Regulation 140, are adhered to. Specifically, the Central Army Records Office must ensure that the Staff Officer, Grade 2 (Personnel) meets all the eligibility requirements set forth in the regulation before any re-engagement is considered. This includes verifying the officer's qualifications, experience, and other relevant factors that may affect their suitability for re-engagement. Should there be any breach of these provisions, the consequences can be severe. The Defence Act 1903 provides for various penalties and consequences for non-compliance with military regulations. Specifically, any person found guilty of misconduct or neglect of duty in relation to these regulations may face disciplinary action, which could include fines, imprisonment, or other penalties as deemed appropriate by the relevant authorities. The exact penalties depend on the severity of the breach and the discretion of the court or military tribunal adjudicating on the matter.

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