Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00171 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No. 117

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REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this eighth day of December, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendment of the Australian Military Regulations†

Application of this Division to members of the Citizen Forces on active service.

1. Regulation 457 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “sub-regulation (2.)” and inserting in its stead the words “the succeeding sub-regulations”; and

(b) by adding at the end thereof the following sub-regulations:—

“(3.) Where a member of the Citizen Forces who has been serving on active service has ceased so to serve and has continued, immediately after he ceased so to serve, to serve in the Citizen Forces on continuous full time military service, a war service leave credit shall be deemed to have accrued to the member equal to the period (if any) of war service leave that could, immediately before he ceased to serve on active service, have been granted to him under the conditions for the granting of war service leave approved by the Military Board under the last preceding sub-regulation, being the conditions in force, or to be deemed to have been in force, immediately before he ceased to serve on active service.

“(4.) A member of the Citizen Forces serving on continuous full time military service may be granted war service leave of absence under this Division for a period equal to, or for periods aggregating, his war service leave credit and, if he is absent from duty on war service leave so granted, his war service leave credit is reduced by the period of that absence.

“(5.) Where a member has been paid an amount under regulation 220b of the Military Financial Regulations in place of being granted a period of war service leave that might have been granted to him—

(a) if the member is serving on active service when he is paid that amount—the member shall be taken, for the purpose only of ascertaining the additional period (if any) of war service leave that may be granted to him in accordance with the

 

* Notified in the Commonwealth Gazette on  1969.

† Statutory Rules 1927, No. 149, as amended to date. For previous amendments to the Australian Military Regulations, see footnote † to Statutory Rules 1969, No. 76, and see also Statutory Rules 1969, Nos. 76 and 94.

21781/69––Price 5c  10/20.11.1969


conditions for the time being approved by the Military Board under sub-regulation (2.) of this regulation, to have been absent from duty, during a period equal to that period, on war service leave granted to him under the conditions so approved; and

(b) in any other case—the member’s war service leave credit shall be deemed to have been reduced by a period equal to the period in respect of which he has been paid an amount under that regulation.”.

Application of this Division to members of the Permanent Forces on active service.

2. Regulation 463 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “sub-regulation (2.)” and inserting in its stead the words “the succeeding sub-regulations”; and

(b) by adding at the end thereof the following sub-regulations:—

“(3.) Where a member of the Permanent Forces who has been serving on active service has ceased so to serve and has continued, immediately after he ceased so to serve, to serve in the Permanent Forces, a war service leave credit shall be deemed to have accrued to the member equal to the period (if any) of war service leave that could, immediately before he ceased to serve on active service, have been granted to him under the conditions for the granting of war service leave approved by the Military Board under the last preceding sub-regulation, being the conditions in force, or to be deemed to have been in force, immediately before he ceased to serve on active service.

“(4.) A member of the Permanent Forces may be granted war service leave of absence under this Division for a period equal to, or for periods aggregating, his war service leave credit and, if he is absent from duty on war service leave so granted, his war service leave credit is reduced by the period of that absence.

“(5.) Where a member has been paid an amount under regulation 17c of the Military Financial Regulations in place of being granted a period of war service leave that might have been grained to him—

(a) if the member is serving on active service when he is paid that amount—the member shall be taken, for the purpose only of ascertaining the additional period (if any) of war service leave that may be granted to him in accordance with the conditions for the time being approved by the Military Board under sub-regulation (2.) of this regulation, to have been absent from duty, during a period equal to that period, on war service leave granted to him under the conditions so approved; or

(b) in any other case—the member’s war service leave credit shall be deemed to have been reduced by a period equal to the period in respect of which he has been paid an amount under that regulation.”.

Application.

3. War service leave shall be deemed to have accrued to members of the Military Forces who, having been serving on active service on the thirtieth day of June, 1969, ceased so to serve before the commencement of these Regulations as if the amendments of the Australian Military Regulations effected by the last two preceding sub-regulations and the first approvals given by the Military Board, after the commencement of these Regulations, under regulations 457 and 463, respectively, of the Australian Military Regulations of conditions for the granting of war service leave had come into operation on the first day of July, 1969.

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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Statutory Rules 1969 No. 117 are Regulations made under the Defence Act 1903-1966, introduced to address the need for updated provisions concerning war service leave for members of the Citizen Forces and Permanent Forces who have served on active duty. Enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these Regulations seek to amend the Australian Military Regulations to reflect the new conditions for granting war service leave. The overarching policy objective is to ensure that service members receive fair and consistent leave entitlements based on their active service, thereby recognising their contributions and maintaining morale within the military forces. These Regulations specify that war service leave credit should be accrued for members who cease active service but continue to serve in their respective forces. The leave credit is calculated based on the leave that could have been granted immediately before the cessation of active service. Furthermore, members may be granted leave of absence equivalent to their accrued leave credit, with the leave credit reducing as leave is taken. The Regulations also address scenarios where members have been paid in lieu of leave, ensuring their leave credits are adjusted accordingly. This legislative instrument aims to provide clear and equitable guidelines for the administration of war service leave within the military framework.

Scope and Application

The Statutory Rules 1969 No. 117, made under the Defence Act 1903-1966, specifically address the application of war service leave for members of both the Citizen Forces and Permanent Forces within the Australian Military Forces. The regulations apply to any member of these forces who has served on active service and subsequently continues to serve on continuous full-time military service. This includes those who ceased active service and those still serving on active duty as of the thirtieth day of June, 1969. The provisions establish that war service leave credits are to be deemed accrued for those who have ceased active service but continue their service, and detail the conditions under which war service leave may be granted and the implications for leave credits if members are paid an amount in lieu of leave. The amendments and regulations extend to members serving both before and after the commencement of these rules, ensuring continuity in the application of leave entitlements. These regulations have a national scope, applying across the Commonwealth of Australia, and are enforced through subordinate instruments, which may further specify the conditions and procedures for granting war service leave.

Key Provisions

The main operative sections of these Regulations under the Defence Act 1903-1966 pertain to the amendment of the Australian Military Regulations, particularly concerning the accrual and granting of war service leave credits for members of the Citizen Forces and the Permanent Forces. Specifically, Regulation 457 (1.) is amended to clarify that war service leave credits shall accrue to members who have served on active service and then continued to serve in the Citizen Forces or Permanent Forces on continuous full-time military service (sub-regulations (3.) and (3.)). Furthermore, these members may be granted war service leave of absence for a period equal to, or aggregating, their war service leave credits, with the leave reducing the credit by the period of absence (sub-regulations (4.) and (4.)). Additionally, if a member has been paid an amount in lieu of war service leave, their leave credit is adjusted accordingly, depending on whether they were serving on active service at the time of the payment (sub-regulations (5.) and (5.)). The Regulations impose specific obligations on the Citizen Forces and Permanent Forces members regarding the accrual and use of war service leave credits. Members who have served on active service and subsequently continued their service are entitled to have their war service leave credits calculated based on the conditions in force before they ceased active service. Moreover, members can be granted war service leave for a period equal to their accrued leave credit, with the leave credit decreasing as leave is taken. The Regulations also address the situation where a member has been paid in lieu of leave, requiring adjustments to their leave credit based on whether they were on active service at the time of payment. Failure to comply with these Regulations could result in administrative or legal consequences, although the specific offences, penalties, or civil/criminal consequences are not detailed in the text. Typically, non-compliance with military regulations could lead to disciplinary action within the military framework, including potential administrative penalties or legal proceedings under relevant military law. The precise penalties would depend on the nature and severity of the breach, but they could include fines, demotions, or other disciplinary measures within the military jurisdiction.

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