Australian Military Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1941. No. 260.

 

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 twelfth day of November, 1941.

Governor-General.

By His Excellencys Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

Military districts.

1. Regulation 41 of the Australian Military Regulations is amended—

(a) by adding at the end of the description of the 4th Military District the words and that portion of the Northern Territory of Australia situated south of a line fifteen degrees forty-five minutes of south latitude; and

(b) by omitting the description of the 7th Military District and inserting in its stead the following description:—

That portion of the Northern Territory of Australia situated north of a line fifteen degrees forty-five minutes of south latitude.

Commands.

2. Regulation 41a of the Australian Military Regulations is amended by omitting the words and 8th Military Districts and inserting in their stead the words Military District.

Command.

3. Regulation 93 of the Australian Military Regulations is amended by omitting the word An and inserting in its stead the words Except in time of war, an.

Staff.

4. Regulation 94 of the Australian Military Regulations is amended by omitting the word An and inserting in its stead the words Except in time of war, an.

* Notified in the Commonwealth Gazette on 1941.

† 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, 100 and 173: 1940, Nos. 2, 16, 29, 59, 150, 188, 184, 185, 186, 199, 237, 252, 272 and 273; and 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205 and              .

6212.—20/30.9.1941.—Price 3d.


Tenure of appointments.

5. Regulation 100 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

(1.) Except in time of war, an appointment as Honorary Colonel of a regiment, battalion, or corps, shall not be held for a longer period than five years, unless the appointment is renewed from time to time upon the application of the formation, &c., commander.

Period of appointment of Quartermaster in the Citizen Forces.

6. Regulation 104 of the Australian Military Regulations is amended by omitting the word The (first occurring) and inserting in its stead the words Except in time of war, the.

Birth certificate to be submitted on enlistment in Permanent Forces.

7. Regulation 138a of the Australian Military Regulations is amended by inserting in sub-regulation (1.) after the word shall (first occurring) the words , unless the proposed enlistment is for service in time of war in a Garrison Battalion or in an Expeditionary Force raised or being raised for service beyond the limits of the Commonwealth,.

Age for discharge.

8. Regulation 191 on the Australian Military Regulations is amended—

(a) by inserting, after sub-regulation (1a.), the following sub-regulation:—

(1b.) In time of war the provisions of sub-regulations (1.) and (1a.) of this regulation shall be read and construed as if for the figures 48 (wherever occurring) and 55 there were substituted the figures 60.; and

(b) by omitting from sub-regulation (2.) the words and figures shown in sub-regulation (1.) or (1a.) of and inserting in their stead the words prescribed by.

Who may arrest and be arrested (Peace and war service.)

9. Regulation 222 of the Australian Military Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the words of inferior rank.

Tenure of appointment.

10. Regulation 539 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the word An(first occurring) and inserting in its stead the words Except in time of war, an; and

(b) by omitting from sub-regulation (2.) the word An and inserting in its stead the words “Except in time of war, an.

Judge Advocate General and Deputies.

11. Regulation 585 of the Australian Military Regulations is amended by omitting from sub-regulation (3.) the word Noand inserting in its stead the words Except in time of war, no.

Period of appointment.

12. Regulation 611 of the Australian Military Regulations is amended by omitting the word No and inserting in its stead the words Except in time of war, no.

 

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

Overview

The Statutory Rules of 1941, No. 260, titled "Regulations Under the Defence Act 1903-1941," were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were made to address the need for amendments to the Australian Military Regulations, particularly in light of the evolving circumstances of wartime. The Defence Act 1903-1941 itself was initially designed to consolidate and amend the laws relating to the defence force of the Commonwealth, and these regulations aimed to provide more specific and context-sensitive rules for military operations during a time of war. The objective was to ensure that the military regulations could be adapted to the exigencies of war, thereby maintaining operational efficiency and effectiveness.

Scope and Application

The Statutory Rules 1941 No. 260 under the Defence Act 1903-1941 outlines amendments to the Australian Military Regulations, specifically concerning military districts, commands, and various appointments within the military framework. This legislation applies to military personnel, their appointments, and the organisational structure within the military districts in Australia, particularly focusing on the Northern Territory. The geographic scope is confined to Australia, applying Commonwealth-wide. Notably, the regulations provide different provisions for times of war and peace, with certain tenures and appointments being extended or modified during wartime. The Act does not explicitly state exclusions or exemptions, but its provisions are contingent upon the status of war or peace. The application of these regulations may be further detailed or refined through subordinate instruments, allowing for adjustments as necessitated by operational needs or legal interpretations.

Key Provisions

The Statutory Rules of 1941 No. 260, Regulations under the Defence Act 1903-1941, make several key amendments to the Australian Military Regulations. Regulation 41 amends the description of the 4th Military District by including a specific portion of the Northern Territory south of a line fifteen degrees forty-five minutes of south latitude, and it also revises the description of the 7th Military District to include the portion of the Northern Territory north of that same latitude line (1). Regulation 41a is amended to remove references to the 8th Military District, ensuring that all references to military districts are now consistent (2). Furthermore, Regulations 93 and 94 are modified to clarify that certain provisions only apply except in times of war (3, 4). These amendments impose specific obligations on military personnel and units within the amended military districts. They also introduce conditions under which certain appointments and enlistments can be made, specifying that these actions are subject to renewal and subject to exceptions during wartime (5, 6, 7). The amendments also address the tenure of appointments for various military roles, stipulating that these appointments are generally limited to peacetime unless otherwise stated (10). Furthermore, the regulations detail who can arrest and be arrested, with adjustments made to ensure clarity and applicability during both peacetime and wartime (9). Failure to comply with these regulations could result in various consequences. While the specific penalties are not detailed within the text, breaches of military regulations can typically lead to disciplinary actions, legal proceedings, or other administrative measures as outlined in the Defence Act 1903-1941 and related military laws. These could include fines, imprisonment, or other punitive measures depending on the severity and nature of the breach.

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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.