Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00062 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 506.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

I, THE DEPUTY OF 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 1903-1941.

Dated this thirteenth day of November, 1942.

Deputy of the Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

When seconded.

1. Regulation 109 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (h) the word “or”;

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

“or (f) whilst employed on other extra-regimental duties”;

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

“(2.) For the purpose of the last preceding sub-regulation, the expression ‘extra-regimental duties’ means employment on the authorized establishment of any unit or department, other than the unit or department in which he is seconded.”.

Step of rank.

2. Regulation 125 of the Australian Military Regulations is amended by inserting, after sub-regulation (2), the following sub-regulation:—

“(2a) An officer who is retired in consequence of an incapacity attributable to war service may be placed upon the Retired List and be permitted to retain the substantive or brevet rank held by him immediately prior to his retirement. If the officer has served for a period equal to the period of qualifying service for his rank required for the purposes of sub-regulation (1) of this regulation, he may be granted one step in honorary rank above his substantive or brevet rank.”.

 

* Notified in the Commonwealth Gazette on      , 1942.

† 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; 1930, 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, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 8, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; and 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350 and 417.


Special cases.

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

(a) by omitting from paragraph (a) the word “and” (second occurring);

(b) by omitting from paragraph (b) the word “active” and inserting in its stead the word “war”; and

(c) by adding after paragraph (b) the following paragraph:—

“and (c) in time of war, an officer, irrespective of whether he has reached the age for retirement, may be placed upon the Retired List, and may be permitted to retain the substantive, brevet, or honorary rank held by him immediately prior to retirement.”.

Uniform while on Retired List and uniform and rank, if re-engaged in the Military Forces.

4. Regulation 128 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

“128.—(1) Subject to sub-regulation (2) of this regulation and A.M.R. 129, an officer on the Retired List may wear the uniform of his corps with the letter ‘R’ on each shoulder strap.

(2) If an officer on the Retired List again becomes a member of the Military Forces, he shall not whilst he remains a member of those Forces—

(i) wear any uniform or badges of rank;

(ii) use any military title; or

(iii) hold himself out as being entitled to any military rank,

except that appropriate to the rank which he then holds in those Forces—

(3) Notwithstanding anything contained in these Regulations, an officer on the Retired List who has, after his retirement, become a member of the Military Forces shall, if he is again placed on the Retired List, be granted rank not lower than that granted to him when he was first placed on that List.”.

Who may reduce a W.O. or N.C.O. (Peace and war service).

5. Regulation 161 of the Australian Military Regulations is amended by inserting, after sub-regulation (1), the following sub-regulation:—

“(1a) An officer not below the rank of Colonel appointed by the Military Board for the purpose may, subject to D.A. 108 (2.), for any reason, reduce a N.C.O. to any inferior rank or grade or to the ranks or in seniority of rank.”.

Reasons for which discharge may be effected.

6. Regulation 184 of the Australian Military Regulations is amended by inserting, after paragraph (vii) of sub-regulation (1), the following paragraph:—

“(viia) on compassionate grounds for family reasons; or”.

7. After regulation 203 of the Australian Military Regulations the following regulation is inserted:—

False statements to secure exemption, leave, &c.

“203a.—(1.) Every person subject to military law, whether on war service or not, who, with intent to deceive, makes any false statement or representation, whether verbal or in writing, in connexion with any application that—

(a) any member of the Military Forces shall be granted exemption from service or leave of absence; or


(b) any member of the Defence Force shall be transferred from one arm, service, department, corps, or unit of the Defence Force to another or from one place to another,

shall be guilty of an offence and shall be liable to penalties as prescribed by A.M.R. 215.

(2.) Upon proof that any statement or representation was made by the person charged with an offence under sub-regulation (1.) of this regulation, the onus of proving that that statement or representation was true and that it was not made with intent to deceive shall be upon that person.”.

Modifications and adaptations of a.a.44 (War Service).

8. Regulation 210 of the Australian Military Regulations is amended—

(a) by inserting in sub-paragraph (v) of paragraph (c), after the words “or reduction in grade or rank”, the words “, or a fine”; and

(b) by omitting from that sub-paragraph all the words and figures from and including the words and figures “(18) Subject to the exceptions” to the end of the sub-paragraph.

Termination of appointment.

9. Regulation 628 of the Australian Military Regulations is amended by omitting sub-regulation (2).

Other ranks saluting.

10. Regulation 693 of the Australian Military Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

“(1) W.O.’s, N.C.O.’s, and private soldiers in uniform shall salute an officer at all times, except when passing or being passed by him—

(i) in a crowded thoroughfare or assembly;

(ii) during an exercise in the field;

(iii) when on parade under the immediate control of a superior; or

(iv) when precluded by the nature of their duties from so doing.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

 

Overview

The Statutory Rules 1942, No. 506, issued under the Defence Act 1903-1941, were enacted to address various administrative and operational needs within the Australian Military Forces during World War II. The Deputy of the Governor-General, acting on the advice of the Federal Executive Council, introduced these regulations to refine and adapt military regulations to the exigencies of wartime conditions. The overarching policy objective was to ensure that the military regulations could be flexibly applied to meet the evolving demands of war, including the management of personnel, disciplinary measures, and administrative adjustments. These regulations aimed to provide clarity and authority for the military board and officers in handling personnel matters, such as rank retention, retirements, and disciplinary actions, while also addressing specific wartime concerns like compassionate discharges and false statements intended to deceive military authorities.

Scope and Application

The Statutory Rules 1942, No. 506 made under the Defence Act 1903-1941, primarily concerns amendments to the Australian Military Regulations. These regulations apply to officers and other ranks within the Australian Military Forces, particularly focusing on their conduct, duties, and the conditions under which they may be retired, demoted, or discharged. The scope of the Act is national, given that it operates within the framework of the Defence Act, which pertains to the Commonwealth of Australia. The regulations specify the rank of officers who may reduce the rank of Non-Commissioned Officers (NCOs), the conditions under which officers may be placed on the Retired List, and the criteria for discharge on compassionate grounds. Additionally, the Act imposes penalties on individuals who make false statements to secure exemptions, leave, or transfers within the Military Forces. The regulations also address the wearing of uniforms by officers on the Retired List and their eligibility for honorary ranks under certain conditions. The legislative instrument extends the application of the Act through subordinate regulations, thereby governing a broad spectrum of military conduct and administrative procedures.

Key Provisions

The primary operative sections of these Regulations, made under the Defence Act 1903-1941, primarily amend various sections of the Australian Military Regulations (A.M.R.). Regulation 109 is amended to specify that the term 'extra-regimental duties' refers to employment on the authorized establishment of any unit or department other than the one in which the officer is seconded (Reg. 1(b), (c)). Regulation 125 is amended to allow an officer who retires due to incapacity from war service to retain their previous rank and potentially receive an honorary rank (Reg. 2(2a)). Regulation 126 is modified to allow officers to be placed on the Retired List during wartime regardless of age and retain their rank (Reg. 3(c)). Regulation 128 is repealed and replaced to clarify the conditions under which retired officers may wear their uniform and the limitations on their rank and privileges if they re-enlist (Reg. 4). These Regulations impose specific obligations on military officers, particularly concerning their status and rank upon retirement and re-enlistment. Officers retiring due to war service may retain their previous ranks and potentially be granted an honorary rank (Reg. 2(2a)). If they are placed on the Retired List, they may wear their corps uniform with the letter 'R' on their shoulder straps, but must not wear any rank insignia or use military titles unless they re-enlist and are granted an appropriate rank (Reg. 4(1), (2)). If an officer on the Retired List re-enlists, they cannot wear uniforms, badges of rank, or use military titles unless they hold a rank appropriate to their service in the Military Forces (Reg. 4(2)). The Regulations also establish offences and penalties for breaches. Regulation 203a introduces an offence for making false statements to secure exemptions, leave, or transfers within the Defence Force (Reg. 7(1)). This includes both verbal and written false statements made with intent to deceive. The onus of proving the truthfulness of such statements lies with the accused if they are charged under this regulation (Reg. 7(2)). Regulation 210 is amended to include fines as a possible punishment for certain offences (Reg. 8(a)). Regulation 693 specifies when non-commissioned officers and private soldiers must salute officers, with exceptions for crowded areas, field exercises, and when under the control of a superior (Reg. 10(1)).

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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.