Statutory Rules 1972 No. 207(c)
Extended leave of absence without pay.
Regulation 473 of the Australian Military Regulations is amended by omitting from sub-regulation (1.) the words “ twelve months ” and inserting in their stead the words “ two years ”.
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(c) Made under the Defence Act 1903-1970 on 7 December 1972; notified in the Commonwealth Gazette on 7 December 1972.
Overview
The Statutory Rules 1972 No. 207, made under the Defence Act 1903-1970 on 7 December 1972, introduced an amendment to Regulation 473 of the Australian Military Regulations, extending the period of leave without pay from twelve months to two years. This legislative instrument was designed to address a gap in the existing leave provisions for military personnel, ensuring that service members have a more flexible framework for managing extended periods of leave without pay. The regulation was notified in the Commonwealth Gazette on the same day it was made, reflecting a prompt response to identified needs within the Defence force. The policy objective behind this amendment was to provide military personnel with enhanced flexibility and support in managing their service commitments and personal circumstances.
Scope and Application
The Defence Act 1903-1970, as amended by Statutory Rules 1972 No. 207, governs the operational framework within which the Australian Defence Force (ADF) operates, including provisions for extended leave of absence without pay. Regulation 473, which was modified to extend the leave period from twelve months to two years, applies to personnel within the ADF, encompassing both officers and enlisted members. This alteration aims to accommodate more flexible leave arrangements, which may be necessary for a variety of reasons such as personal emergencies, medical conditions, or other extenuating circumstances. The amendment has a national reach as it pertains to the federal military force, and it does not exclude any particular groups within the ADF. The regulation applies broadly to all members unless specific conditions or exceptions are outlined in subordinate instruments. There are no stated exclusions or thresholds in the text itself, but the regulation’s application may be further refined or detailed through additional legislative instruments or administrative guidelines.
Key Provisions
The Statutory Rules 1972 No. 207 (c) introduces amendments to Regulation 473 of the Australian Military Regulations, specifically concerning the leave of absence without pay for military personnel. Under Regulation 473(1), the amendment extends the permissible duration of leave of absence without pay from twelve months to two years. This means that military personnel can now be granted an extended period of leave without pay, up to a maximum of two years, provided it aligns with the terms and conditions set forth by the Defence Act 1903-1970.
The obligations imposed by this regulation are primarily on the military authorities and the personnel themselves. The military authorities must ensure that any leave granted is in accordance with the revised provisions and is documented appropriately. Personnel seeking such leave must apply and comply with the procedural requirements set out by the Defence Act. Additionally, they must be aware of the implications of taking leave without pay, including potential impacts on their career and entitlements.
The legislation does not explicitly outline specific offences or penalties for breach of the provisions. However, any deviation from the authorised leave period or failure to comply with the prescribed procedures could result in disciplinary action under the Defence Act. Such actions could include administrative penalties, demotion, or other forms of corrective measures deemed appropriate by the military authorities. The severity of these consequences would depend on the nature and extent of the breach, as well as the discretion of the responsible authorities.