Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1996B04375 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 160.

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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 thirtieth day of November, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

________

Amendment of the Australian Military Regulations.†

Definitions.

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

(a) by inserting, after the definition of “Air Force”, the following definition:—

“ ‘Area Officer’ means an officer appointed by a general officer commanding a command or by a district commandant to be an area officer.”; and

(b) by inserting, after the definition of “Commanding Officer”, the following definition:—

“ ‘Commonwealth officer’ means any person holding office under the Commonwealth, and includes any person permanently or temporarily employed in the Public Service of the Commonwealth or in or in connexion with the Defence Force.”.

2. Before regulation 141 of the Australian Military Regulations the following regulations are inserted:—

Prescribed service.

140a.—(1.) Every person called upon in pursuance of D.A.60 to enlist and serve in the Citizen Forces shall, notwithstanding any claim to exemption, attend for medical examination at such times and places as are specified in a notice issued in accordance with this regulation, in respect of the area in which he resides, and give such information as an officer may require, and shall, unless exempt from service, enlist for the service prescribed by this regulation.

 

* Notified in the Commonwealth Gazette on 30th November, 1939.

† 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; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 98; and 1939, Nos. 31, 51, 58, 115, 123 and 134.

7175.—Price 3d.


(2.) Every such person shall, after enlistment, if so required by notice issued in accordance with this regulation—

(a) undergo training, from time to time, at camps of continuous training; and

(b) serve within the Commonwealth during the time of war as a member of the Citizen Forces.

(3.) Every notice required to be issued in accordance with this regulation shall be issued by the area officer of the area to which it relates and shall be—

(a) exhibited at a post office or other place authorized by the Military Board within the area;

(b) published in one or more newspapers circulating within the area; or

(c) delivered by hand to, or posted to the last known place of abode of, the person to whom it relates.

Allotment.

140b. Every person called upon to enlist and serve in the Citizen Forces in pursuance of D.A.60 shall, upon enlistment, be allotted to the several arms and corps in such manner as is determined by the Military Board, and shall serve for such period as he is required until lawfully discharged, dismissed or removed.

Applications for exemption.

140c.—(1.) Any person who, having been called upon in pursuance of D.A.60 to enlist and serve in time of war, considers himself to be exempt from such service, may apply to an area officer for a certificate of exemption.

(2.) An area officer shall issue a certificate of exemption, in accordance with the form authorized by the Military Board, to any person in his area who is, in the opinion of the area officer, exempt from such service.

(3.) Where an area officer refuses to issue a certificate of exemption to a person who makes application to him in accordance with sub-regulation (1.) of this regulation, that person may, within seven days after the refusal of the area officer is communicated to him, apply for exemption to a court of summary jurisdiction in the area in which he resides.

(4.) An application for exemption to a court of summary jurisdiction shall be in writing and signed by the applicant and shall set forth—

(a) the name of the applicant in full and his address and occupation;

(b) the date of the application to the area officer for a certificate of exemption;

(c) the name of the area officer to whom the application was made;

(d) the name or number of the area in which the application was made; and

(e) the grounds of the application,

and shall be delivered to the clerk or other proper officer of the court.

(5) Any court of summary jurisdiction constituted of a police, stipendiary or special magistrate may decide applications for exemption from service in time of war.


(6.) An officer, but not more than one, shall be entitled to appear as a party to every application which is heard by a court of summary jurisdiction in pursuance of this regulation.

(7.) At least three clear days before the hearing of an application by a court of summary jurisdiction, the clerk or other proper officer of that court shall notify the applicant, and the area officer who has refused the exemption, of the time and place fixed for hearing the application.

(8.) The decision of the court shall forthwith be communicated by the clerk of the court, in accordance with the form determined by the Military Board, to the applicant and to the officer, if any, who appeared as a party to the application.

140d. A person to whom a certificate of exemption has been issued in accordance with the last preceding regulation shall—

(a) produce the certificate on demand by any Commonwealth officer, or any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth; and

(b) upon the cessation of the employment, condition or status on which the exemption is based, surrender the certificate to an area officer.”.

_________________

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

Overview

The Statutory Rules of 1939, No. 160, amends the Australian Military Regulations under the Defence Act 1903-1939. Enacted by the Governor-General in Council, this legislative instrument addresses the need to clarify and expand the definitions and regulations concerning military service and exemptions within the Citizen Forces. The problem it aims to address is the need for a more precise and comprehensive set of rules governing enlistment, training, and exemption processes for military service during wartime. The policy objective is to ensure a well-organised and efficient military force by providing clear guidelines for the administration of enlistment and exemption processes. The enacting body is the Governor-General in Council, acting on the advice of the Federal Executive Council and the Minister of State for Defence Co-ordination.

Scope and Application

The Statutory Rules 1939 No. 160, made under the Defence Act 1903-1939, pertain specifically to the amendment of the Australian Military Regulations, impacting several facets of military governance and service. These regulations apply to any person within the Commonwealth of Australia who is called upon to enlist and serve in the Citizen Forces during a time of war. The regulations define key terms such as "Area Officer" and "Commonwealth officer," clarifying the roles and responsibilities within the military framework. Notably, these regulations mandate that any person subject to enlistment must undergo medical examination and training, and they detail the procedures for allotment to various military arms and corps, as well as the process for applying for exemption from service. Additionally, the regulations outline the steps for resolving disputes regarding exemption applications through courts of summary jurisdiction. The geographic reach of these regulations is national, applying across all states and territories of the Commonwealth, and they are enforced through notices issued by area officers and published in appropriate locations or delivered as directed. The regulations do not specify any exclusions or exemptions beyond those defined within the provisions themselves, and any further clarification or application details are left to subordinate instruments or military board determinations.

Key Provisions

The key provisions of these regulations, as outlined in sections 1 and 2, mandate that any person called upon to enlist in the Citizen Forces under Defence Act 1903-1939 must attend a medical examination and provide necessary information to an officer, as per section 140a(1). If exempt from service, these individuals must still attend the medical examination and provide the required information. They must then enlist if not exempt, undergo training at continuous training camps, and serve within the Commonwealth during wartime as a member of the Citizen Forces, in accordance with section 140a(2). Additionally, these regulations require that every person called upon to enlist must be allotted to various arms and corps as determined by the Military Board, and must serve for the period they are required until lawfully discharged, dismissed, or removed, as stated in section 140b. Any individual who believes they are exempt from service may apply to an area officer for a certificate of exemption, as per section 140c(1). If the area officer refuses to issue the certificate, the individual has the right to apply to a court of summary jurisdiction within seven days of being notified of the refusal, in accordance with section 140c(3). These regulations impose several obligations on individuals and authorities. For instance, individuals who are called upon to enlist in the Citizen Forces must comply with the requirements to attend medical examinations, provide necessary information, and enlist if not exempt, as outlined in section 140a. The area officer is responsible for issuing notices of medical examinations and enlistments, which must be displayed at post offices or authorized places, published in newspapers, or delivered to the individual’s last known place of abode, as per section 140a(3). Additionally, area officers are tasked with determining and issuing certificates of exemption to individuals who apply for exemption from service, as outlined in section 140c(2). If an area officer refuses to issue a certificate, the individual has the right to appeal to a court of summary jurisdiction, as per section 140c(3) and (4). Breach of these regulations may result in various consequences. For example, individuals who fail to attend medical examinations or enlist as required may face legal action for non-compliance. Additionally, if an area officer improperly refuses to issue a certificate of exemption, the individual may seek relief from a court of summary jurisdiction, which may result in the area officer being directed to issue the certificate if the court finds the individual exempt. Failure to comply with the court's decision could lead to further legal action. The specific penalties for these breaches are not detailed in the provided text, but they may include fines or other legal remedies as determined by the relevant authorities.

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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.