Australian Military Regulations (Amendment)

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STATUTORY RULES

1966 No. 119

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

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 1903-1965.

Dated this eleventh day of August, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

MALCOLM FRASER

Minister of State for the Army.

 

Amendments of the Australian Military Regulations†

Promotion of officers.

1. Regulation 79 of the Australian Military Regulations is amended by omitting paragraph (c) of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(c) in the case of an officer holding the rank of captain—

(i) if he held that rank upon being appointed an officer— five years;

(ii) if he held the rank of lieutenant upon being appointed an officer—eight years; or

(iii) in any other case—nine and one-half years.”.

Application.

2.—(1.) Regulation 79 of the Australian Military Regulations as amended by the last preceding regulation applies in relation to an officer in the Citizen Military Forces who was or is promoted to the rank of captain, or was or is appointed to be an officer and to hold the rank of captain, on or after the second day of April, 1966.

 

* Notified in the Commonwealth Gazette on 18 August, 1966.

† 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, 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 171; 1963, No. 28; 1964, Nos. 62, 83, 93 and 149; and 1965, Nos. 61, 72, 116, 119, 138 and 174.

8104/66.—Price 5c (6d.)  9/7.7.1966


(2.) Regulation 79 of the Australian Military Regulations as in force immediately before the commencement of these Regulations continues to apply, notwithstanding the amendment effected by the last preceding regulation, to and in relation to an officer in the Citizen Military Forces who held the rank of captain on the first day of April, 1966.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1966 No. 119, made under the Defence Act 1903-1965, amend the Australian Military Regulations to adjust the service requirements for officers in the Citizen Military Forces before being eligible for promotion to the rank of captain. Enacted by the Governor-General in the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations reflect an update to the eligibility criteria for promotion within the military forces. The specific amendment modifies the service duration needed for an officer to be considered for promotion to the rank of captain, depending on their previous rank upon appointment. This legislative instrument aims to ensure that the promotion criteria within the military are clearly defined and consistently applied. The regulations apply to officers who were promoted to the rank of captain or appointed to hold that rank on or after April 2, 1966. However, for those who held the rank of captain on April 1, 1966, the previous regulations continue to apply. The policy objective behind these changes is to refine the career progression criteria within the military, ensuring that officers meet the necessary experience and service requirements for promotion to higher ranks.

Scope and Application

The Statutory Rules 1966 No. 119 under the Defence Act 1903-1965 amend Regulation 79 of the Australian Military Regulations concerning the promotion of officers in the Citizen Military Forces. The amendment specifies the duration of service required for promotion to the rank of captain, varying based on the officer's initial rank upon appointment. Specifically, an officer promoted to captain on or after April 2, 1966, must have served for five years if they held the rank of captain upon appointment, eight years if they held the rank of lieutenant upon appointment, or nine and a half years in any other case. This regulation applies to officers in the Citizen Military Forces who were promoted to or appointed to the rank of captain on or after April 2, 1966, while officers who held the rank of captain on April 1, 1966, remain subject to the pre-amendment requirements. The regulation does not specify any exclusions or exemptions, nor does it mention any subordinate instruments that might extend or restrict its application.

Key Provisions

The Regulations under the Defence Act 1903-1965, specifically focusing on the amendment of Regulation 79, introduce changes to the conditions for the promotion of officers within the Citizen Military Forces. Regulation 79, as amended, modifies the tenure requirements for officers holding the rank of captain. Specifically, it stipulates that for an officer holding the rank of captain who was appointed as such, the required tenure is now five years if they held the rank of captain at the time of their appointment; eight years if they were appointed at the rank of lieutenant; and nine and a half years in any other case (Regulation 79(1)). This amendment applies to officers who were promoted or appointed to the rank of captain on or after 2 April 1966 (Regulation 79(2)(1)). However, for officers who held the rank of captain on 1 April 1966, the previous conditions continue to apply (Regulation 79(2)(2)). The Regulations impose specific obligations on the relevant parties, primarily focusing on the tenure requirements for officers aiming for promotion. Officers in the Citizen Military Forces who seek to be promoted to the rank of captain must now adhere to the specified tenures as outlined in Regulation 79. These obligations ensure that only those who have met the requisite years of service in their current or previous ranks are eligible for promotion. This requirement helps maintain a structured and merit-based progression within the military hierarchy. Failure to comply with the tenure requirements as stipulated by the Regulations may result in officers being ineligible for promotion, despite meeting other criteria. The Regulations do not explicitly state penalties for non-compliance, but the consequence of not meeting the tenure requirements is effectively a barrier to advancement within the ranks. This ensures that promotions are granted based on both merit and the fulfilment of service tenure, maintaining the integrity and efficiency of the military structure.

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