STATUTORY RULES.
1946. No. 116.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1945.*
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 1903-1945.
Dated this tenth day of July, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
F. M. FORDE
Minister of State for the Army.
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amendment of the Australian military regulations.†
Military districts.
1. Regulation 41 of the Australian Military Regulations is amended—
(a) by adding at the end of the description of 4th Military District in sub-regulation (1) the words “and together with that part of the Northern Territory of Australia south of the Tropic of Capricorn”; and
(b) by adding at the end of the description of 7th Military District in that sub-regulation the words “exclusive of that portion which is included in the 4th Military District”.
Repeal of regulation 57.
2. Regulation 57 of the Australian Military Regulations is repealed.
Conditions of appointment.
3. Regulation 96 of the Australian Military Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) An officer who holds substantive rank inferior to that of lieutenant-colonel in the Active Military Forces or in the Reserve of Officers may, with the approval of the Governor-General, accept appointment as aide-de-camp on the personal staff of the Governor of a State.”.
* Notified in the Commonwealth Gazette on 11th July, 1946.
† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 37 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, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; and 1946, No. 72.
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4. Regulations 125, 126, 127, 128 and 129 of the Australian Military Regulations are repealed and the following regulations inserted in their stead:—
Retired list and military title after retirement
“125. (1) An officer who has ten years’ commissioned service in the Active Military Forces, or who is retired in consequence of an incapacity attributable to war service, may, upon retirement, if placed upon a retired list, be granted by the Governor-General the military title equivalent to the substantive, brevet or honorary rank held by him immediately prior to his retirement.
(2) A lieutenant-colonel or a major who has twenty years’ commissioned service in the Active Military Forces or a captain or lieutenant who has fifteen years’ commissioned service in the Active Military Forces may, upon retirement, if placed upon a retired list, be granted by the Governor-General the military title one step higher than the substantive or brevet rank held by him immediately prior to retirement.
(3) Except as provided in sub-regulation (4) of this regulation, an officer shall not be granted upon retirement a step in military title higher than that of colonel.
(4) An officer—
(a) who under sub-regulation (1) of this regulation is eligible to be, or has been placed on a retired list and granted the military title of colonel, and
(b) who whilst holding the substantive or temporary rank of colonel in the Active Military Forces commanded a brigade prior to the twenty-second day of April, 1938, for a period of, or periods aggregating, not less than three years,
may upon or after retirement be granted by the Governor-General the military title of brigadier.
(5) A quartermaster holding honorary commissioned rank on retirement may, if placed upon a retired list, be granted by the Governor-General a military title as if that honorary rank was substantive rank.
(6) One-half of any service in the ranks in the Permanent Forces and one-fifth of any such service in the Active Citizen Forces may be counted for the purpose of this regulation as commissioned service.
(7) A military title granted on retirement shall not confer any right to command, or any position in or membership of the Military Forces.
Special cases.
“126. Notwithstanding anything contained in A.M.R. 125—
(a) an officer upon whom the local or temporary rank of brigadier, major-general, lieutenant-general or general has been conferred in time of war, or who has held the rank of brigadier for a period of, or periods aggregating, not less than three years, or who holds that rank at the time of his retirement on account of age, may, if placed upon a retired list upon his retirement, be granted by the Governor-General, upon the recommendation of the Military Board, the military title of the rank so conferred or held; and
(b) an officer who has had commissioned service in the Active Military Forces in time of war may, upon retirement, if placed upon a retired list, be granted by the Governor- General the military title equivalent to the substantive, brevet or honorary rank held by him immediately prior to retirement.
Chaplains.
“127. (1) A chaplain who has ten years’ commissioned service in Chaplains, the Active Military Forces may, upon retirement, if placed upon a retired list, be granted by the Governor-General the military title of chaplain and a classification on the retired list equivalent to the classification held by him immediately prior to retirement:
Provided that, upon the recommendation of the Military Board, a chaplain may, upon retirement, be granted a classification on the retired list not higher than the highest classification held by him for a period of not less than six months during his service in the Active Military Forces.
(2) Temporary classification shall not be considered for the purpose of this regulation.
Military title, if again placed on retired list.
“128. Notwithstanding anything contained in regulations 125, 126 and 127 of these Regulations, if a person on a retired list again becomes a member of the Military Forces, the military title granted to him, if he is again placed on a retired list, shall be a title not lower than that granted to him when he was first placed on that list.
Uniform while on retired list and uniform re-appointed.
“129. (1) Subject to sub-regulation (2) of this regulation and A.M.R. 129a, a person on a retired list may, on such occasions as and uniform are authorized by the Military Board, wear the uniform of the corps in which he was serving immediately prior to his retirement with the letter ‘R’ on each shoulder strap.
(2) If a person on a retired list again becomes a member of the Military Forces, he shall not whilst ho 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.
Withdrawal of privileges after retirement
“129a. The Governor-General may, at any time, for any reason that appears to him sufficient, direct that any person shall not be entitled to any military title or to wear uniform after his retirement as an officer.”.
5. Regulations 192 and 193 of the Australian Military Regulations are repealed and the following regulations inserted in their stead:—
Military title on discharge.
“192. (1) A W.O. or N.C.O. who has completed twenty years’ service, has held the rank of W.O. or N.C.O. for not less than ten years, and has been awarded the long service medal appropriate to his branch of the Military Forces shall be an eligible person for the purposes of this regulation and may, on discharge, be granted a military title in accordance with this regulation.
(2) On the recommendation of his formation, &c., commander, and of the Military Board, a W.O. (Class I.), after five years’ service in that class, may, on his discharge, if he is an eligible person, be granted by the Governor-General the military title of lieutenant.
(3) On the recommendation of his formation, &c., commander—
(а) a W.O. (Class II.) of the Permanent Forces, after five years’ service in that class, may, on discharge, if he is an eligible person, be granted by the Military Board the military title of Warrant Officer (Class I.);
(b) a W.O. of the Permanent Forces with less than five years’ service in Class I. or II., may, on discharge, if he is an eligible person, be granted by the Military Board the military title equivalent to the rank held by him immediately prior to his discharge; and
(c) a N.C.O. of the Permanent Forces of or above the rank of sergeant, after five years’ service in a rank of or above the rank of sergeant, may, on discharge, if he is an eligible person, be granted by the Military Board the military title of W.O. (Class II.).
(4) On the recommendation of his C.O.—
(a) a W.O. (Class II.) of the Citizen Forces, after five years’ service in that class, may, on discharge, if he is an eligible person, be granted by his formation, &c., commander the military title of W.O. (Class I.);
(b) a W.O. of the Citizen Forces with less than five years’ service in Class I. or II., may, on discharge, if he is an eligible person, be granted by his formation, &c., commander the military title equivalent to the rank held by him immediately prior to his discharge;
(c) a N.C.O. of the Citizen Forces of or above the rank of sergeant, with five years’ service in a rank of or above the rank of sergeant, may, on discharge, if he is an eligible person, be granted by his formation, &c., commander the military title of W.O. (Class II.); and
(d) any other N.C.O. of the Permanent Forces or Citizen Forces may, if he is an eligible person, be granted the military title of the rank held by him immediately prior to discharge.
(5) A private soldier who has completed twenty years’ service, and has been awarded the long service medal appropriate to his branch of the Military Forces, may, on discharge, be granted permission by his C.O. to wear the uniform of his corps.
(6) A person granted a military title on discharge or permission to wear the uniform of his corps in accordance with this regulation may, on such occasions as are authorized by the Military Board, wear the uniform of the corps with which he was serving immediately prior to his discharge with the letter ‘ B ’ on each shoulder strap.
Withdrawal of privileges after retirement
“193. The Military Board, or, when the military title of lieutenant has been granted the Governor-General, at any time, for any reason that appears sufficient to the Board or to the Governor-General, as the case requires, may direct that any person shall not be entitled to any military title or to wear uniform after his discharge as a soldier.”
Deputy Chaplains General.
6. Regulation 595a of the Australian Military Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) If at any time any chaplain-general is unable to perform the duties appertaining to the office of chaplain-general, the Military Board, on his recommendation, may appoint a deputy chaplain-general to act for him:
Provided that, if that chaplain-general becomes able to perform the duties of the office of chaplain-general, the appointment of his deputy chaplain-general shall be terminated by the Military Board forthwith.”.
Senior Chaplains and deputy senior Chaplains.
7. Regulation 596 of the Australian Military Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) If at any time a senior chaplain in a Military District is the Head of his denomination in the State which forms the greater part of the Military District and is unable to perform the duties appertaining to the office of senior chaplain, the Military Board on the recommendation of the chaplain-general concerned may appoint a deputy senior chaplain to act for him:
Provided that, if the senior chaplain becomes able to perform the duties of the office of senior chaplain, the appointment of his deputy senior chaplain shall be terminated by the Military Board forthwith.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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