Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00038 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 44.

 

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-sixth day of February, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

1. Regulation 9 of the Australian Military Regulations is amended by inserting, after sub-regulation (2), the following sub-regulations:—

Modification of A.A. in its application to Military Forces.

“(2a) For the purposes of the application of the Army Act to and in relation to the Military Forces and the members thereof, the provisions of that Act shall, in addition to such modifications thereof as are prescribed elsewhere in these Regulations, be modified—

(a) as if Parts II. and III. and the following sections and Schedules were omitted:—

Sections 32, 33, 42, 43, 69, 71, 72, 124, 125, 126, 134, 141, 142, 143, 144, 145, 146, 147, 153, 153a, 156, 156a, 161, 165, 169, 173, 174, 174a, 175, 176, 177, 178, 179, 179a, 179b, 180, 181, 184a, 184b, 186 and 187 and the First, Second and Sixth Schedules;

 

 

 

* Notified in the Commonwealth Gazette on 27 February, 1941.

† 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 93; 1939, Nos. 31, 51, 58, 113, 123, 134, 160 and 173; and 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199 and              .


(b) as if the sections specified in column 1 of the following table were amended to the extent specified in column 2 of that table:—

Column 1.

Column 2.

Section of Act.

Extent of Modification.

30......................

Omit paragraphs (3), (6) and (7)

31......................

Omit paragraphs (1) to (7) (both inclusive)

46......................

Omit sub-sections (3) and (7)

129.......................

Omit paragraphs (2) and (3)

137.......................

Omit paragraph (1)

138.......................

Omit paragraphs (4a) and (8)

155.......................

Omit paragraph (3)

182.......................

Omit paragraph (3)

189.......................

Omit sub-sections (2) to (6) (both inclusive)

190.......................

Omit paragraphs (9) and (12)

Modification of R.P. in their application to Military Forces.

“(2b) Rules 88, 98, 99, 124, 125, 125a, 127, 128, 130, 134a and 136 of the Rules of Procedure shall not apply to or in relation to the Military Forces and the members thereof”.

W.O. reduced to the ranks (Peace and war service).

2. Regulation 165 of the Australian Military Regulations is amended by omitting sub-regulation (2).

Repeal of regulation 195.

3. Regulation 195 of the Australian Military Regulations is repealed.

Adaptations of A.A. and R.P.

4. Regulation 196 of the Australian Military Regulations is amended—

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

(b) by adding at the end thereof the following paragraphs:—

“(c) Any reference to an officer or soldier of the regular forces shall, except as provided in regulation 291 of these Regulations, be read as including a reference to an officer or soldier of the Permanent Military Forces when on war service or deemed to be on war service, whether within or without the limits of the Commonwealth;

“(d) References to a superior court shall be read as including a reference to any court exercising ordinary criminal jurisdiction in any State or Territory of the Commonwealth; and

“(e) References to a court of summary jurisdiction shall be read as including a reference to any court of summary jurisdiction within the meaning of section 26 of the Acts Interpretation Act 1901-1937”.

Investigation of charges and power of C.O.

5. Regulation 239 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “in force on the first day of August, 1935, but”.

Adaptations of A.A. (war service).

6. Regulation 266 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “on the first day of August, 1935,”.

Repeal of regulation 277.

7. Regulation 277 of the Australian Military Regulations is repealed.


Adaptations and modifications of A.A. (war service).

8. Regulation 291 of the Australian Military Regulations is amended—

(a) by omitting sub-paragraph (ii) of paragraph (b);

(b) by omitting sub-paragraph (ii) of paragraph (c);

(c) by omitting sub-paragraph (iii) of that paragraph and inserting in its stead the following, sub-paragraph:—

“(iii) as if in paragraph (a) of the proviso for the words ‘, after paying for his messing and washing, less than one penny a day’ there were substituted the words ‘a sum available for his own use less than one-tenth of his pay (excluding deferred pay, if any) or—

(a) if he is serving in Australia, one shilling in Australian currency per day, or

(b) if he is serving outside Australia, one shilling in English currency per day,

whichever is the greater’”;

(d) by omitting from sub-paragraph (v) of paragraph (e) the word “Defence” and inserting in its stead the word “the Army”; and

(e) by adding at the end thereof the following paragraph:—

“(f) A.A. 162 shall be read as if the words ‘except such an offence as is declared not to be a crime for the purpose of the provisions of this Act relating to taking a soldier out of His Majesty’s Service’ were omitted from sub-section (2).”.

Stoppages for fines, &c.

9. Regulation 296 of the Australian Military Regulations is amended by omitting from sub-regulation (3) the words “, after paying for his messing and washing, if any, one-tenth of his ordinary pay” and inserting in their stead the words “a sum available for his own use less than one-tenth of his pay (excluding deferred pay, if any) or—

(a) if he is serving in Australia, one shilling in Australian currency per day, or

(b) if he is serving outside Australia, one shilling in English currency per day,

whichever is the greater”.

Application of R.P. Offences against D.A. and regulations (Peace and war service).

10. Regulation 311 of the Australian Military Regulations is amended by omitting the words “in force on the first day of August, 1935,”.

Preparation for defence by accused persons.

11. Regulation 317 of the Australian Military Regulations is amended by omitting the words “in force on the first day of August, 1935, and”.

Repeal of regulations 339, 354 and 386.

12. Regulations 339, 354 and 386 of the Australian Military Regulations are repealed.

 

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

Overview

The Statutory Rules 1941 No. 44, Regulations under the Defence Act 1903-1939, were enacted by the Governor-General in Council, aiming to address the need for amendments to existing military regulations in the context of the Second World War. The Regulations seek to modify various provisions of the Army Act and Rules of Procedure to better align with the operational needs of the military forces during wartime. The objective of these amendments is to ensure that the legal framework governing military personnel is appropriately adapted to the exigencies of war, including modifications to service conditions, disciplinary procedures, and the administration of justice within the military. The enactment of these Regulations by the Governor-General, acting on the advice of the Federal Executive Council, underscores the urgency and significance of the legislative changes required to support Australia’s defence efforts during this critical period.

Scope and Application

The Statutory Rules 1941 No. 44, made under the Defence Act 1903-1939, primarily concern amendments to the Australian Military Regulations, impacting the application of the Army Act and Rules of Procedure to the Military Forces and its members. These regulations apply to members of the Military Forces, both during peace and war service, and address specific modifications to the Army Act, the omission of certain sections and rules, and adjustments to existing provisions. The regulations also extend to the geographic jurisdiction of Australia, including its states and territories, as they modify the application of the Army Act and Rules of Procedure in relation to military forces and their members, whether within or outside the Commonwealth. Notably, the regulations do not specify any exclusions or thresholds but rather focus on adapting existing laws to suit the unique circumstances of military service. The application and interpretation of these regulations may be further defined or extended through subordinate instruments, although this specific legislative instrument does not detail such provisions.

Key Provisions

The statutory rules (F1997B00038) under the Defence Act 1903-1939 include amendments to the Australian Military Regulations (AMR) that modify the application of certain provisions to the Military Forces. Specifically, Regulation 9 has been amended to omit certain sections and sub-sections of the Army Act (AA) and Rules of Procedure (RP) in their application to Military Forces (Section 1). Certain rules have been omitted entirely, while others have been modified to some extent, as detailed in the regulation. For instance, Regulation 165 has been amended by omitting sub-regulation (2), while Regulation 195 has been repealed entirely (Section 2 and 3). These changes aim to adapt the AA and RP to the unique circumstances of military service, both in peacetime and during wartime. The Regulations impose several obligations on the parties or entities they govern. The most significant obligation is the requirement to modify the application of the AA and RP to the Military Forces. This includes omitting certain sections and sub-sections of the AA and RP, as well as modifying others to better suit the needs of military personnel. Additionally, the Regulations require that references to certain courts and officers be interpreted in a way that is consistent with military service (Section 4). These obligations are intended to ensure that the legal framework governing military personnel is tailored to their unique circumstances and needs. The Regulations also establish certain offences, penalties, and consequences for breach. While the specific penalties are not detailed in the Regulations, it is clear that violations of the AA and RP, as modified by these Regulations, could result in disciplinary action, fines, or other penalties. Additionally, certain offences against the Defence Act and regulations may be subject to criminal prosecution (Section 10). The maximum penalties for these offences will depend on the specific nature of the violation, as well as any relevant case law or statutory provisions. Overall, the Regulations aim to provide a clear and enforceable framework for governing military personnel, while also ensuring that their unique needs and circumstances are taken into account. In summary, the statutory rules (F1997B00038) under the Defence Act 1903-1939 include several amendments to the Australian Military Regulations that modify the application of the Army Act and Rules of Procedure to the Military Forces. These changes are intended to better suit the unique needs and circumstances of military personnel, both in peacetime and during wartime. The Regulations impose several obligations on the parties or entities they govern, including the requirement to modify the application of the AA and RP to the Military Forces. Additionally, the Regulations establish certain offences, penalties, and consequences for breach, although the specific penalties are not detailed in the Regulations. Overall, the Regulations aim to provide a clear and enforceable framework for governing military personnel, while also ensuring that their unique needs and circumstances are taken into account.

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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.