Australian Military Regulations (Amendment)

Overview

The Defence Amendment Act 1979, enacted to facilitate amendments and repeals of regulations related to the Australian Defence Force, empowers the Minister for Defence to make interim determinations that are considered Statutory Rules. In line with this authority, the Australian Military Regulations were amended through Statutory Rules 1984 No. 378, issued by the authority of the Minister for Defence. This particular interim determination addresses the gap left by the repeal of sub-regulation 473(1) of the Australian Military Regulations, which had previously governed leave of absence without pay for members of the Permanent Military Forces. The repealed sub-regulation has been superseded by Determination 2608, Leave Without Pay, made under the Defence Act 1903, and this amendment ensures the regulations remain coherent and up-to-date with the current legislative framework.

Scope and Application

The scope of Statutory Rule 1984 No. 378, issued under the authority of the Minister for Defence, pertains specifically to the amendment of the Australian Military Regulations in relation to leave without pay for members of the Permanent Military Forces. This rule applies to all individuals who are members of the Permanent Military Forces, addressing their entitlement to leave without pay and the implications of such leave on their service for other purposes. Geographically, the rule applies within the jurisdiction of the Commonwealth of Australia, as it concerns federal military regulations. The rule excludes any provisions previously outlined in sub-regulation 473(1) which have been superseded by Determination 2608, Leave Without Pay, made under section 58B of the Defence Act 1903. The amendment also includes a consequential adjustment to sub-regulation 473(2) to reflect the changes introduced by the new determination. The rule takes effect from the date that Determination 2608, Leave Without Pay, is enacted, thereby ensuring that the regulations remain current and aligned with legislative updates.

Key Provisions

The main operative sections of this legislation focus on amending the Australian Military Regulations. Specifically, section 12 of the Defence Amendment Act 1979 provides the authority for the Minister to make determinations that amend or repeal existing regulations, which are then deemed to be Statutory Rules. Regulation 473 of the Australian Military Regulations, which previously governed the granting of leave of absence without pay to members of the Permanent Military Forces, is affected by this amendment. The interim determination omits sub-regulation 473(1) of the Australian Military Regulations (subsection 473(1)), which has been replaced by Determination 2608, Leave Without Pay, made under section 58B of the Defence Act 1903. This change also necessitates a consequential amendment to sub-regulation 473(2). The effect of these changes is immediate upon the enactment of Determination 2608. The obligations and requirements imposed by this Act primarily concern the administration of leave without pay for members of the Permanent Military Forces. The Act requires that the new provisions under Determination 2608 be adhered to when dealing with leave of absence without pay. This includes ensuring that all such leave is granted in accordance with the updated regulations, which may now include different criteria or procedural requirements. The consequential amendment to sub-regulation 473(2) also necessitates that any references to leave without pay must now be understood in the context of the new Determination 2608, potentially altering how these periods of leave are calculated or recognised for other purposes within the military framework. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the amended regulations. However, it is implicit that any non-compliance with the updated leave without pay provisions could lead to administrative or disciplinary action within the military. Given the importance of adherence to military regulations, breaches may result in disciplinary measures, which could include fines, administrative penalties, or other corrective actions as deemed appropriate by military authorities. While the Act does not specify maximum penalties, the consequences of non-compliance could be significant and are likely to be addressed under the broader military disciplinary framework.