Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00168 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1966*

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 1903-1966.

Dated this twenty-second day of May, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for the Army.

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Amendments of the Australian Military Regulations†

Definitions.

1. Regulation 3 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (1.), after the definition of “Proper military authority”, the following definition:—

“‘Public property’ means property of—

(a) the Commonwealth;

(b) a Department of the Commonwealth;

(d) a force co-operating with the Defence Force.”;

(b) by inserting in that sub-regulation, after the definition of “Sentence”, the following definition:—

“‘Service property’ includes the property of a mess, band, canteen or institution belonging to or connected with a part of the Defence Force or of a force co-operating with the Defence Force.”; and

“‘Temporary rank’, in relation to an officer, means a rank to which the officer has been promoted temporarily.”.

Application of Regulations.

2. Regulation 9 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (2b.), after the figure “130,”, the figure “133,”; and

(b) by inserting in that sub-regulation, after the word “Procedure”, the words “, and the Appendices to the Rules of Procedure,”.

* Notified in the Commonwealth Gazette on 1969.

† Statutory Rules 1927, No. 149 as amended to date. For previous amendments of the Australian Military Regulations, see footnote † to Statutory Rules 1969, No. and see also Statutory Rules 1969, No. .

13788/69—Price 8c 10/8.5.1969

Modification of A.A. in its application to Military Forces.

3. Regulation 9 of the Australian Military Regulations is amended by omitting from the table in paragraph (b) of sub-regulation (2a.) the words—

“190	Omit from the definition of ‘service’ the words ‘(other than Dominion forces)’ (wherever occurring)”.

Forms in Regulations and Appendices.

4. Regulation 18 of the Australian Military Regulations is amended by omitting sub-regulation (4.).

Transfer and appointment to Reserve of Officers.

5. Regulation 120 of the Australian Military Regulations is amended by omitting sub-regulation (4a.).

Ages for retirement of officers.

6. Regulation 124 of the Australian Military Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Subject to the succeeding sub-regulations of this regulation, the age for the compulsory retirement of an officer of the Regular Army Supplement is sixty years.”.

Retired list and military title after retirement.

7. Regulation 125 of the Australian Military Regulations is amended by inserting in sub-regulation (2.), after the word “substantive”, the word “, temporary”.

Period of engagement.

8. Regulation 135 of the Australian Military Regulations is amended by omitting paragraph (d) of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(d) was absent from duty on leave without pay for a period in excess of twenty-one days.”.

Reasons for discharge.

9. Regulation 176 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (h) of sub-regulation (1.) the words “for service in the Military Forces”;

(b) by omitting paragraph (j) of that sub-regulation;

“(1a.) For the purposes of section 44 of the Act, each of the reasons prescribed by paragraphs (a), (g) and (k) of the last preceding sub-regulation is a reason for the discharge of a national serviceman who is serving in the Regular Army Supplement under a re-engagement referred to in sub-section (5.) of section 27 of the National Service Act”; and

(d) by adding at the end thereof the following sub-regulation:—

“(3.) In this regulation, “medically unfit” includes unfit because of mental incapacity.”.

Order for the discharge of a soldier.

10. Regulation 177 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to the next succeeding regulation—

(a) the discharge of a soldier, not being a national serviceman, for a reason prescribed by sub-regulation (1.) of the last preceding regulation; or

(b) the discharge of a national serviceman for a reason prescribed by sub-regulation (1a.) of that regulation or by sub-section (2.), (3.), (5.), (5a.) or (6.) of section 35b of the National Service Act,

shall be effected in accordance with an order for the discharge of the soldier signed by an authority having power under section 44 of the Act to discharge the soldier.”.

Modifications and adaptations of a. a. (War Service.)

11. Regulation 191 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (a) of sub-regulation (2.), after the word “Forces”, the words “(other than the Regular Army Supplement)”; and

(b) by inserting after that paragraph the following paragraph:—

“(aa) in the case of a soldier enlisted in the Regular Army Supplement—sixty years;”.

Age for compulsory retirement of a soldier— general.

12. Regulation 202 of the Australian Military Regulations is amended by adding at the end thereof the following paragraphs:—

“; (j) a.a. 190, as if after the definition of ‘prescribed’ there were inserted the following definition:—

‘“public property” has the same meaning as in the Australian Military Regulations’;

(k) a.a. 190, as if for the definition of ‘service’ there were substituted the following definition:—

‘“service”, when qualifying institution, necessaries, books, band, mess or canteen, means belonging to, or connected with, a part of the Defence Force or of a force co-operating with the Defence Force;’; and

(l) a.a. 190, as if after the definition of ‘service’ there were inserted the following definition:—

‘“Service property” has the same meaning as in the Australian Military Regulations’;”.

Offences by persons subject to military law. (Peace.)

13. Regulation 203 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (XXVIII) of sub-regulation (1.) the words “, regimental or garrison” and inserting in their stead the words “property or service”;

(b) by omitting from paragraph (XXXII) of that sub-regulation the words “or belonging to any regimental band, regimental or garrison mess, or regimental or garrison institution,” and inserting in their stead the words “any service property”; and

(c) by omitting from paragraph (XLIV) of that sub-regulation the words “to any regimental band, regimental or garrison mess, or regimental or garrison institution,” and inserting in their stead the words “wilfully injures any service property”.

Modification of A.A. and R.P.—A.A. 48 and 49; R.P. 17, 19, 22, 25, 39a, 40, 42, 103, 103a and 106.

14. Regulation 299 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (e) of sub-regulation (2.) the words “court is satisfied” and inserting in their stead the words “judge-advocate directs the court”;

(b) by inserting after paragraph (f) of that sub-regulation the following paragraph:—

“(fa) Rule 42(a) of the Rules of Procedure shall be read as if for the word ‘advise’ there were substituted the word ‘direct’;”;

(d) by inserting after sub-paragraph (i) of paragraph (g) of that sub-regulation the following sub-paragraphs:—

“(ia) after the word ‘information’ in paragraph (d) there were inserted the word ‘, direction’;

“(ib) for the word ‘advise’ in paragraph (e) there were substituted the word ‘direct’; and”.

Adaptation of A.A. 56 (s) and R.P. 44 (B). (c) and 47.

15. Regulation 319 of the Australian Military Regulations is amended by omitting paragraph (d) of sub-regulation (2.).

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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Statutory Rules 1969 No. 149, titled "Regulations under the Defence Act 1903-1966," were enacted to update and clarify various definitions, procedures, and regulations related to the Australian Military Regulations. These regulations were introduced to address discrepancies and omissions in the existing legal framework governing military forces, particularly in relation to property definitions, age for retirement, and the discharge of soldiers. The enacting body for these regulations is the Federal Executive Council, acting on the advice of the Governor-General. The policy objective is to ensure that the military regulations are up-to-date and comprehensively cover the necessary aspects of military law and administration.

Scope and Application

The Statutory Rules 1969 No. 13788/69 made under the Defence Act 1903-1966, amend the Australian Military Regulations to apply to military personnel, including officers and soldiers, within the Defence Force and forces cooperating with the Defence Force. These regulations are applicable on a national level, as they pertain to Commonwealth property, Departments of the Commonwealth, and any part of the Defence Force. The regulations specify definitions for terms such as 'public property', 'service property', and 'temporary rank', and provide detailed amendments to various sections, including those concerning the ages for retirement of officers, reasons for discharge, and the compulsory retirement age for soldiers. Notably, the age for compulsory retirement of an officer of the Regular Army Supplement is set at sixty years, and the age for compulsory retirement of a soldier is also specified at sixty years in certain cases. Additionally, the regulations clarify the discharge process for soldiers and the adaptation of rules for offences by persons subject to military law, including the protection of service property. The scope of these regulations is further extended through subordinate instruments, ensuring comprehensive governance of military personnel and property.

Key Provisions

The Regulations under the Defence Act 1903-1966 primarily focus on amending the Australian Military Regulations to reflect changes in the legislative and operational environment of the Australian Defence Force. These amendments cover a range of topics, including definitions, application of regulations, modifications to military forces, and the administration of military law. Regulation 3 amends the definitions in the Australian Military Regulations to include terms such as "public property," "service property," and "temporary rank," thereby providing clarity and specificity in the application of these terms within the military context. Regulation 9 modifies the application of certain rules and procedures, ensuring that they are up-to-date and applicable to current military operations. Regulation 124 introduces an age limit of sixty years for the compulsory retirement of officers in the Regular Army Supplement, aligning retirement policies with broader military practices. Regulation 135 extends the period of absence from duty on leave without pay that can result in discharge, providing a clear guideline for disciplinary action. Regulation 177 mandates that the discharge of a soldier must be executed in accordance with a specific order signed by an authorised officer, ensuring that discharges are conducted in a controlled and formal manner. The Regulations impose several obligations and requirements on military personnel and entities governed by the Defence Act. Military personnel must adhere to the updated definitions and procedures outlined in the amended regulations, ensuring that their conduct and operations comply with the current legal framework. Officers and soldiers are subject to specific age limits for retirement and discharge, which are enforced to maintain the efficiency and effectiveness of the military. The Regulations also require that discharges be carried out in accordance with formal orders, ensuring that the process is transparent and legally sound. Additionally, the Regulations mandate that certain offences related to military property and service be addressed within the framework of military law, rather than civilian law. Breaches of the Regulations, particularly those involving offences related to military property and service, can result in both civil and criminal consequences. Under Regulation 203, individuals subject to military law who commit offences such as damaging service property can face severe penalties. These penalties can include imprisonment, fines, or other disciplinary actions as determined by military courts. The severity of the penalties reflects the importance of maintaining discipline and order within the military, as well as the need to protect military assets and personnel. The Regulations underscore the seriousness of these offences by providing specific maximum penalties, thereby deterring potential violations and ensuring that those who do breach the law are held accountable.

Area of Law: Defence Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Regulatory Standards

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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.

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