Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00196 Regulations Not in force Legislative Instrument

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Statutory Rules

1979 No. 20

REGULATIONS 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 Regulations under the Defence Act 1903.

 Dated this Fourteenth day of February 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

 

D.J. KILLEN

Minister of State for Defence

_______________

AMENDMENTS OF THE AUSTRALIAN MILITARY REGULATIONS2

1 Extended leave of absence without pay

  Regulation 473 of the Australian Military Regulations is amended by omitting from sub‑regulation (2) “, sick leave, or furlough” and substituting “or sick leave”.

2 Furlough–general provisions

  Division 7 of Part VI of the Australian Military Regulations is repealed.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 February 1979.

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; and 1978 Nos. 53, 139 and 197.

 

Overview

Statutory Rules 1979 No. 20, made under the Defence Act 1903, aim to amend the Australian Military Regulations. The regulations were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument addresses specific amendments within the military regulations, such as modifying the conditions under which extended leave of absence without pay applies, and repealing the provisions relating to furlough. The overarching objective of these amendments is to update and refine the military regulatory framework to better align with current operational needs and standards within the Australian Defence Force.

Scope and Application

The Australian Military Regulations, as amended by these statutory rules, apply to the members of the Australian Defence Force, including the Army, Navy, and Air Force. These regulations govern the conduct of military personnel and provide rules for the administration of the Defence Force. The regulations extend to all territories under the control of the Commonwealth of Australia, including external territories. They are designed to ensure discipline, efficiency, and the effective operation of the Defence Force. The regulations can be further extended or modified through subordinate instruments, allowing for flexibility in their application to changing circumstances and requirements. The exclusions or exemptions from these regulations are limited, as they are primarily intended to apply comprehensively to all aspects of military life and operations.

Key Provisions

The Statutory Rules 1979 No. 20, Regulations Under the Defence Act 1903, made by the Governor-General on the advice of the Federal Executive Council, include significant amendments to the Australian Military Regulations. Firstly, Regulation 473, concerning extended leave of absence without pay, is amended to exclude "sick leave" from the types of leave that can be extended (Regulation 473(2)). Secondly, Division 7 of Part VI of the Australian Military Regulations, which deals with furlough—general provisions, is repealed. These changes were effective as of the date of notification in the Commonwealth of Australia Gazette on 21 February 1979. The new regulations impose specific obligations on military personnel and relevant authorities. The amendment to Regulation 473 requires that any extension of leave of absence without pay cannot include sick leave. This implies that the military must strictly adhere to the modified leave provisions, ensuring that sick leave cannot be extended in the same manner as other types of leave. Additionally, the repeal of Division 7 of Part VI removes the existing framework for furlough, meaning that any previously applicable rules governing furlough are no longer in effect. Failure to comply with these regulations can result in legal consequences. Although the specific penalties are not detailed in the statutory rules provided, breaches of military regulations generally carry significant penalties. These could include disciplinary actions within the military, administrative penalties, or even criminal charges in severe cases. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and applicable military law.

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