EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 331
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations (“the Regulations”) made under the Defence Act 1903 (“the Act”) prescribe various matters relating to the organization and administration of the Army.
Background
Section 16 of the Act, which provides for Army officer appointments, was amended by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, to empower the Chief of the General Staff to terminate the appointments of officers on probation. Prior to this amendment, only the Governor-General could terminate probationary appointments. A consequential amendment was required to sub-regulation 74(5) of the Regulations, which prescribes conditions for the termination of probationary appointments.
For the purposes of section 33 of the Act, which provides for the organization of the Army to be prescribed, regulation 22 of the Regulations establishes 3 Divisions for Army officers: (a) the Specialist Service Officer Division; (b) the Prescribed
Service Officer Division; and (c) the General Service Officer Division. Sub-regulation 23(2) of the Regulations lists various categories of officers comprised in the Specialist Service Officer Division. There was a requirement for a new category of officer in that Division, to cater for officers of the Regional Force Surveillance Units being established in northern Australia.
Australian Military Regulations (Amendment)
Regulation 1 of the Statutory Rule amends sub-regulation 23(2) by adding a new paragraph (g): “any Regional Force Surveillance Officer allotted to the Royal Australian Infantry Corps Regional Force Special List”.
Regulation 2 of the Statutory Rule amends sub-regulation 74(5) by omitting “revoked” and substituting “terminated”.
Commencement
The Statutory Rule came into effect on the date of gazettal.