EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 203
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 make various changes to the titles and structures of the Reserve Forces in the Air Force, the Army and the Navy. These changes, which stem from recommendations of the 1974 Millar Committee Report on the Citizen Military Forces, come into operation from the date of proclamation (on 30 September 1983). Part X amends the Defence Act 1903 (“the Act”) to make the necessary changes in relation to Army Reserve Forces.
Under these amendments, the Citizen Military Forces are renamed as the Australian Army Reserve, the Active Citizen Military Forces as the Active Australian Army Reserve, and the Reserve Citizen Military Forces as the Inactive Australian Army Reserve. The Regular Army Reserve, which is a non-training element of the Permanent Forces, is abolished and its members transferred to the Inactive Australian Army Reserve. In the context of Reserve Forces, ‘Active’ denotes those elements where members have specific training obligations.
References to the Unattached List and the Reserve of Officers are removed from the Act. These relate to internal arrangements of the Active and Inactive Reserve which can be determined by the Chief of the General Staff under section 33 of the Act.
The Australian Military Regulations, made under the Act, prescribe various matters for the purposes of the Act, including provisions relating to the Reserve Forces.
This Statutory Rule makes amendments to the Australian Military Regulations consequential on those made by Part X of the Statute Law Revision Act 1981. The effect of these amendments is set out below.
Regulations 2, 6, 9 and 10 of the Statutory Rule repeal the following regulations made redundant by the new scheme: 120, 120A, 121, 121A, 483, 495, 498 and 499.
Regulations 5 and 11 repeal Divisions 5 and 9 of Part VI, thereby repealing the following regulations also made redundant by the new scheme: 458, 460, 462, 502, 503, 504, 506, 507, 508, 516 and 520.
Regulation 3 of the Statutory Rule amends regulation 125 to enable military title to be granted to a former officer whose name is placed on a retired list.
Regulation 4 of the Statutory Rule makes a consequential amendment to regulation 193A which refers to a section of the Act amended by Part X of the Statute Law Revision Act 1981.
Regulation 7 of the Statutory Rule repeals regulations 486, 487 and 488, which provide for training periods and programmes, and substitutes new regulations 486, 487, 488 and 488A, which provide for the rendering of Reserve Service in accordance with a revised section 50 of the Act.
The new regulation 486 requires the Chief of the General Staff to determine training periods in respect of the Active Australian Army Reserve generally, or in respect of different parts or classes of members of that Reserve.
The new regulation 487 enables the Chief of the General Staff to fix periods of military service to be rendered by members in each training period. There is provision for different periods of military service to be fixed for different parts or different classes of members of the Active Australian Army Reserve. There is also provision for the Chief of the General Staff to exempt particular members or particular classes of members from the obligation to render military service.
The new regulations 488 and 488A prescribe the Chief of the General Staff as the authority to fix periods of training and kinds of military service which may be rendered by members of the Active Australian Army Reserve who voluntarily undertake to render service in addition to the service they are bound to render.
Regulation 8 of the Statutory Rule substitutes a new regulation 493 to prescribe a method for calculating the credit to be obtained where a period of service rendered has been less than one day.
Regulation 12 of the Statutory Rule makes the amendments set out in the Schedule to the Statutory Rule, which are title changes corresponding to those made by Part X of the Statute Law Revision Act 1981.
Commencement
The Statutory Rule comes into operation on 30 September 1983, the date from which Parts III, X and XV and section 116 of the Statute Law Revision Act 1981 are proclaimed to commence.
Overview
The Australian Military Regulations (Amendment) Statutory Rule 1983, issued under the authority of the Minister for Defence, enacts changes to the titles and structures of Reserve Forces within the Air Force, the Army, and the Navy. These amendments stem from recommendations of the 1974 Millar Committee Report on the Citizen Military Forces. They aim to streamline and clarify the organisation of the Reserve Forces, addressing issues that arose from the previous naming and structuring of these forces. The Defence Act 1903 is amended to reflect these changes, including the renaming of the Citizen Military Forces to the Australian Army Reserve, the Active Citizen Military Forces to the Active Australian Army Reserve, and the Reserve Citizen Military Forces to the Inactive Australian Army Reserve. This legislation also repeals certain redundant regulations and introduces new ones to align with the revised structure, ensuring that the Reserve Forces operate under a more coherent and efficient framework.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rules 1983 No. 203, issued under the authority of the Minister for Defence, primarily affects the Reserve Forces within the Australian Defence Force (ADF) by amending the Defence Act 1903. This legislation follows recommendations from the Millar Committee Report of 1974 and brings about structural changes to the Reserve Forces in the Air Force, Army, and Navy. The Citizen Military Forces are renamed the Australian Army Reserve, with further distinctions made between the Active Australian Army Reserve and the Inactive Australian Army Reserve. The amendments also include the abolition of the Regular Army Reserve and the removal of references to the Unattached List and the Reserve of Officers. These changes are designed to streamline the internal arrangements of the Reserves, which can be determined by the Chief of the General Staff under section 33 of the Defence Act 1903. The Australian Military Regulations, which provide further detail on the operation and management of Reserve Forces, are also amended to reflect these changes. The Statutory Rule comes into effect on 30 September 1983, the same date as the related provisions in the Statute Law Revision Act 1981.
Key Provisions
The primary operative sections of this legislation involve renaming and restructuring the Reserve Forces within the Australian Defence Force. Specifically, the Citizen Military Forces are now referred to as the Australian Army Reserve, the Active Citizen Military Forces as the Active Australian Army Reserve, and the Reserve Citizen Military Forces as the Inactive Australian Army Reserve (Part X). These changes are intended to streamline the administrative and operational structures of the Reserve Forces and were recommended by the 1974 Millar Committee Report on the Citizen Military Forces (Part X). Additionally, the Regular Army Reserve has been abolished, and its members have been transferred to the Inactive Australian Army Reserve (Part X).
The Act imposes several obligations on the relevant parties. The Chief of the General Staff is tasked with determining training periods for the Active Australian Army Reserve, including the ability to set different periods for different classes or parts of the Reserve (regulation 486). The Chief is also responsible for fixing the periods of military service to be rendered by members in each training period, with the option to exempt certain members or classes from these obligations (regulation 487). Furthermore, the Chief is empowered to determine the periods of training and types of military service for members of the Active Australian Army Reserve who volunteer for additional service beyond their mandatory obligations (regulations 488 and 488A) (Part X).
There are no explicit offences or penalties outlined in the Act; however, the failure to comply with the requirements set forth by the Chief of the General Staff could result in disciplinary actions or other administrative consequences under the Defence Force Discipline Rules or other relevant regulations. The Act also makes consequential amendments to the Australian Military Regulations to align with the new titles and structures of the Reserve Forces, including repealing redundant regulations and updating references to reflect the changes made by the Statute Law Revision Act 1983 (Statutory Rule).
The Statutory Rule, which comes into effect on 30 September 1983, incorporates amendments to the Australian Military Regulations that are necessary to support the changes made by the Statute Law Revision Act 1981. These amendments include repealing redundant regulations and updating references to reflect the new titles and structures of the Reserve Forces. This ensures consistency and alignment between the statutory provisions and the regulatory framework governing the Reserve Forces. The changes aim to improve the efficiency and effectiveness of the Reserve Forces by streamlining their organisation and administration.