STATUTORY RULES.
1940. No. 184.
REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*
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 1903-1939.
Dated this twenty-seventh day of August, 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Australian Military Regulations.†
Transfer to R. of O.
1. Regulation 120 of the Australian Military Regulations is amended by inserting in sub-regulation (4), after the word “regulation”, the words “and A.M.R. 124 (2)”.
Retirement for age.
2. Regulation 123 of the Australian Military Regulations is amended by omitting the word “An” and inserting in its stead the words “Except as provided in A.M.R. 124 (2), an”.
3. Regulation 124 of the Australian Military Regulations is amended—
(a) by inserting, after sub-regulation (1), the following sub-regulation:—
Age for retirement from Reserve of Officers in time of war.
“(1a) Notwithstanding anything contained in sub-regulation (1) of this regulation, the age for retirement of all officers of the Reserve of Officers shall, in time of war, be sixty-five years.”; and
(b) by inserting in sub-regulation (2), after the figure (1), the word, figure and letter “or (1a)”.
* Notified in the Commonwealth Gazette on , 1940.
† Statutory Rules 1927, No. 149, an 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, 100 and 173; and 1940, Nos. 2, 16, 29, 59 and 150.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
4968.—8/9.8.1940—Price 3d.
Overview
The Statutory Rules of 1940, No. 184, titled "Regulations Under the Defence Act 1903-1939," was enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were introduced to amend the Australian Military Regulations, specifically addressing the need to adjust retirement ages for military officers during times of war. The overarching Defence Act 1903-1939 serves as the legislative framework under which these amendments were authorised, with a policy objective to ensure that the military maintains an effective and experienced leadership during periods of conflict.
Scope and Application
The Statutory Rules 1940, No. 184, made under the Defence Act 1903-1939, amends the Australian Military Regulations to update certain provisions regarding the retirement age of officers in the Reserve of Officers during wartime. This legislative instrument applies specifically to officers within the Reserve of Officers of the Australian Defence Force, a branch of the Australian Military. The amendments pertain to Regulations 120, 123, and 124 of the Australian Military Regulations, which are altered to account for the specified changes in the retirement age for officers during wartime. The regulations have a national reach within the Commonwealth of Australia, impacting the conduct and transactions of individuals within the specified military entity. There are no stated exclusions or exemptions in these regulations, and no thresholds are mentioned. The application of these regulations may be further extended or restricted through subordinate instruments, which are not detailed in this specific legislative instrument.
Key Provisions
The Regulations under the Defence Act 1903-1939, as enacted in Statutory Rules 1940 No. 184, make amendments to the Australian Military Regulations (AMR) in relation to retirement provisions for military officers. Regulation 120 is amended by incorporating a reference to AMR 124(2) in sub-regulation (4) (section 1). Regulation 123 is altered to state that retirement provisions apply except as specified in AMR 124(2) (section 2). Moreover, Regulation 124 is amended to include a new sub-regulation (1a), which sets the retirement age for officers of the Reserve of Officers to sixty-five years during times of war (section 3(a)). This new provision is also referenced in sub-regulation (2) (section 3(b)).
These Regulations impose specific obligations on the military personnel governed by them. Firstly, the amendments to Regulation 120 ensure that sub-regulation (4) now includes a reference to AMR 124(2), thereby integrating this particular provision into the existing framework. Secondly, Regulation 123 stipulates that the general retirement provisions are subject to exceptions as outlined in AMR 124(2). Thirdly, Regulation 124 introduces a new sub-regulation (1a), which mandates that all officers of the Reserve of Officers must retire at the age of sixty-five if the nation is at war. This amendment is reflected in sub-regulation (2), which now references the new sub-regulation (1a) alongside existing provisions.
Failure to comply with the provisions of these Regulations could result in legal consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of military regulations typically attract disciplinary action under the Defence Act 1903-1939 or the Defence Force Discipline Act 1982. Such actions may include administrative penalties, fines, or other forms of punishment as determined by military courts or authorities. It is also worth noting that any failure to adhere to these regulations could potentially lead to broader legal ramifications under Australian law, depending on the severity and context of the breach.