Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00150 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963. No. 28.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

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 1903-1956.

Dated this twenty-second day of March, 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command.

Minister of State for the Army.

—————

Amendments of the Australian Military Regulations.

Appointment of Honorary Colonels.

1. Regulation 98 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“ (3.) An appointment as an Honorary Colonel or Colonel Commandant shall be for a period not exceeding four years.

“ (3a.) A person who has been appointed an Honorary Colonel or Colonel Commandant may be re-appointed once at the end of the period for which he was appointed for a further period not exceeding two years.”; and

(b) by omitting from sub-regulation (6.) the words “ Sub-regulations (3.) and (4.) ” and inserting in their stead the words “ Sub-regulations (3.), (3a.) and (4.) ”.

Repeal of regulations 113 to 119.

2. Regulations 113 to 119 (inclusive) of the Australian Military Regulations are repealed.

Retired list and military title after retirement.

3. Regulation 125 of the Australian Military Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“ (1.) For the purposes of this regulation, an officer shall be deemed to have completed a specified number of years of service if the total of—

(a) the period of his service—

(i) as an officer in the Active Forces or the Regular Army Special Reserve; and

(ii) if the officer has had service as an officer in a naval, military or air force (not being part of the  Defence Force)

 

* Notified in the Commonwealth Gazette on 28th March, 1963.

† Statutory Rules 1927, No. 149 as amended to date. For previous amendments to the Australia Military Regulations, see footnote † to Statutory Rules 1962, No. 23, and see also Statutory Rules 1962, Nos. 23, 27, 68, 69 and 71.

10450/62.—Price 3d. 10/6.2.1963.


approved by the Military Board—so much of the period of his service as an officer in that force as the Military Board approves for the purposes of this regulation;

(b) a period equal to one-half of—

(i) his continuous full-time service in the ranks in the Defence Force; and

(ii) if the officer has had continuous full-time service in the ranks in a naval, military or air force (not being part of the Defence Force) approved by the Military Board—so much of the period of his service in the ranks in that force as the Military Board approves for the purposes of this regulation;

(c) a period equal to one-fifth of—

(i) his service, other than continuous full-time service, in the ranks in the Active Citizen Forces; and

(ii) if the officer has had service, other than continuous full-time service, in the ranks in a naval, military or air force (not being part of the Defence Force) approved by the Military Board—so much of the period of his service in the ranks in that force as the Military Board approves for the purposes of this regulation; and

(d) in an appropriate case, the period of service in the Australian Army Nursing Service before the twenty-third day of March, 1943,

equals or exceeds that specified number of years of service.

“ (2.) The Governor-General may, if he places on a retired list an officer who—

(a) has completed ten years of service; or

(b) is retired in consequence of an incapacity attributable to war service,

grant to the officer the military title equivalent to the substantive or honorary rank held by him immediately before his retirement.

“ (3.) The Governor-General may, if he places on a retired list an officer who is—

(a) a colonel who has completed thirty years of service;

(b) a lieutenant-colonel or major who has completed twenty years of service; or

(c) a captain or lieutenant who has completed fifteen years of service,

grant to the officer the military title one step higher than the substantive rank held by him immediately before his retirement.”;


(b) by omitting from sub-regulation (4.) the figure “ (1.) ” and inserting in its stead the figure “ (2.) ”; and

(c) by omitting sub-regulations (5.) and (6.).

Special cases.

4. Regulation 126 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (a) after the word “ conferred ” the words “ during service in the Military Forces ”; and

(b) by inserting in paragraph (a) after the word “ brigadier ” (second occurring) the words “ during service in the Military Forces.

Re-engagement.

5. Regulation 140 of the Australian Military Regulations is amended by omitting from sub-regulation (6.) the words “ one year ” and inserting in their stead the words “ two years ”.

Repeal of regulation 153.

6. Regulation 153 of the Australian Military Regulations is repealed.

Military title on discharge.

7. Regulation 192 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“ (1.) A W.O. or N.C.O. who has completed twenty years’ service, has held the rank of W.O. or N.C.O. for not less than ten years, and has been awarded a long service medal appropriate to the Military Forces shall be an eligible person for the purposes of this regulation and may, on discharge, be granted a military title in accordance with this regulation.”;

(b) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“ (5.) A private soldier who has completed twenty years’ service, and has been awarded a long service medal appropriate to the Military Forces, may, on discharge, be granted permission by his C.O. to wear the uniform of his corps.”; and

(c) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“ (7.) For the purposes of sub-regulations (1.) and (5.) of this regulation, ‘ service ’ means—

(a) service in the Active Forces;

(b) service in the Reserve Forces, other than service in the Regular Army Reserve which is not continuous full-time service; or

(c) service in any naval, military or air forces if the service is approved by the Military Board for the purposes of this sub-regulation.”.

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

8. Regulation 202 of the Australian Military Regulations is amended by omitting from paragraphs (b) and (h) the words “ penal servitude ” and inserting in their stead the word “ imprisonment ”.

Adaptations of R.P. 51, 56 and 57, (Peace and war service).

9. Regulation 329 of the Australian Military Regulations is amended by omitting sub-paragraph (i) of paragraph (b).

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

Overview

The Statutory Rules 1963 No. 28 are regulations made under the Defence Act 1903-1956, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations primarily aim to update and clarify the Australian Military Regulations, ensuring they align with contemporary military practices and standards. The regulations address the need to modernise and streamline military governance, such as updating the terms of honorary colonels' appointments, adjusting the criteria for granting military titles upon retirement, and refining the conditions for re-engagement and discharge from service. This legislative instrument underscores the ongoing commitment to maintaining a well-organised and efficient military structure in Australia.

Scope and Application

The Statutory Rules 1963, No. 28 made under the Defence Act 1903-1956, amends and repeals various provisions of the Australian Military Regulations to provide updated guidelines for military appointments, retirement, and titles. These regulations apply to officers and other members of the Australian Defence Force, as well as those who have served in other military, naval, or air forces approved by the Military Board. The regulations cover appointments of Honorary Colonels, military titles on retirement, and conditions for the award of long service medals. The scope of the regulations is national, applying across the Commonwealth of Australia. Notably, certain exclusions are included, such as the repeal of specific regulations and the modification of terms like "penal servitude" to "imprisonment." The Act's provisions can be further extended or restricted through subordinate instruments, providing flexibility in application and enforcement.

Key Provisions

The Statutory Rules 1963, No. 28, made under the Defence Act 1903-1956, primarily amend and repeal parts of the Australian Military Regulations (AMR). The main operative sections include amendments to the appointment of Honorary Colonels and Colonel Commandants (Regulation 98) (1), the repeal of Regulations 113 to 119 (2), changes to the criteria for officers placed on a retired list and their military titles (Regulation 125) (3), and modifications to the eligibility for military titles for Warrant Officers (W.O.), Non-Commissioned Officers (N.C.O.), and private soldiers on discharge (Regulation 192) (7). The new provisions set specific periods for appointments, alter the conditions for granting military titles upon retirement or discharge, and adjust the eligibility criteria for such titles. The Act imposes specific obligations and requirements on the parties it governs. For instance, the appointment of Honorary Colonels or Colonel Commandants must now be for a period not exceeding four years, with the possibility of one reappointment for a further period not exceeding two years (Regulation 98(3), (3a)) (1). The Military Board must approve certain periods of service for officers seeking to be placed on the retired list (Regulation 125(1)) (3). Additionally, officers who complete certain years of service and meet specific conditions can be granted higher military titles upon retirement (Regulation 125(2), (3)) (3). The Governor-General must also adhere to the stipulated conditions when granting military titles to officers on the retired list (Regulation 125(2), (3)) (3). The Regulations under the Defence Act 1903-1956 impose various penalties and consequences for non-compliance. While the specific penalties are not detailed in the provided text, it is known that breaches of military regulations can lead to disciplinary action, fines, imprisonment, or other legal consequences. The penalties for specific offences would typically be outlined in the Defence Act or other relevant legislation, which might include maximum penalties for breaches. However, the text does not provide explicit details on these penalties, and further reference to the primary Act or associated legal frameworks would be necessary to ascertain the exact consequences.

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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.