Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00181 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 206

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REGULATIONS UNDER THE DEFENCE ACT 1903-1970.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1970.

Dated this sixteenth day of October, 1973.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulation†

Commencement.

1. These Regulations shall come into operation on 1 November 1973.

Officers on R. of O.

2. Regulation 132 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “Commander of the Command in which he is residing” and substituting the words “Commander of the Military District in which he is residing”.

Retired officers.

3. Regulation 133 of the Australian Military Regulations is amended by omitting from paragraph (b) the words “Commander of the Command in which he resides” and substituting the words “Commander of the Military District in which he resides”.

Re-engagement.

4. Regulation 140 of the Australian Military Regulations is amended—

(a) by omitting paragraph (c) of sub-regulation (5) and substituting the following paragraph:—

“(c) that the re-engagement is approved by—

(i) the Chief of Personnel;

(ii) the Director of Personnel Employment;

(iii) Staff Officer, Grade 1 (Personnel) on the establishment of the Directorate of Personnel Employment;

(iv) Staff Officer, Grade 1. (Personnel) on the establishment of Central Army Records Office.”; and.

 

* Notified in the Australian Government Gazette On 1973.

† Statutory Rules 1927, No. 149, as amended to date. For previous amendments of the Australian Military Regulations, see footnote † to Statutory Rules 1972, No. 57, and see aha Statutory Rules 1972, Nos. 57, 123 and 207; and 1973, No. 99.

16683/73—Price 8c  10/9.10.1973


(b) by omitting from sub-regulation (8) the words “Director of Personnel Administration and each formation commander” and substituting the words “Director of Personnel Employment”.

Authority to discharge soldiers.

5. (1) Regulation 175 of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) A person holding, or performing the duties of, any of the following appointments is an authority for the purposes of section 44 of the Act:—

(a) the Chief of Personnel;

(b) the Director of Personnel Employment;

(c) Staff Officer, Grade 1 (Personnel) on the establishment of the Directorate of Personnel Employment;

(d) Staff Officer, Grade 1 (Personnel) on the establishment of Central Army Records Office;

(e) the Commandant of the Royal Military College.”; and

(b) by omitting sub-regulation (3).

Prescribed authorities.

6. Regulation 193a of the Australian Military Regulations is amended by omitting paragraph (c) of sub-regulation (2) and substituting the following paragraph:—

“(c) Commander of a Military District.”.

Notice to report for continuous full time military service.

7. Regulation 193b of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “the officer commanding the Command in which the member resides” and substituting the words “the officer commanding the Military District in which the member resides”.

Service, other than continuous full time service, in the Regular Army Emergency Reserve.

8. Regulation 193c of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “The officer commanding the Command in which a member of the Regular Army Emergency Reserve resides” and substituting the words “The officer commanding the Military District in which a member of the Regular Army Emergency Reserve resides”.

Notification of addresses.

9. Regulation 214 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “at the Headquarters of the Command in which the member resided” and substituting the words “at the Headquarters of the Military District in which the member resided”; and

(b) by omitting from sub-regulation (2) the words “at the Headquarters of the Command in which the member resided” and substituting the words “at the Headquarters of the Military District in which the member resided”.

Unusual prevalence of offences. (Peace and war service).

10. Regulation 321 of the Australian Military Regulations is amended by omitting from sub-regulation (3) the words “orders issued in the command to which the offender belongs” and substituting the words “orders issued in the command or military district to which the offender belongs”.

Remarks on proceedings. (Peace and war service).

11. Regulation 336 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “they may be made known in the orders of the command” and substituting the words “they may be made known in the orders of the command or military district, as the case may be”.


Commander of Military District to assist.

12. Regulation 399 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “The Commander of a Command” and substituting the words “The Commander of a Military District”.

Application for assistance to be reported.

13. Regulation 402 of the Australian Military Regulations is amended by omitting the words “Commander of a Command” and substituting the words “Commander of a Military District”.

Assessment of claims.

14. Regulation 816 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “Commander of the Command” and substituting the words “Commander of the Military District”.

Printed by Authority by the Government Printer of Australia

Overview

The Statutory Rules 1973 No. 206, which were made under the Defence Act 1903-1970, aimed to address the need for updated regulations to align with structural changes within the Australian Defence Force. Enacted by the Governor-General, Paul Hasluck, acting with the advice of the Executive Council, these regulations came into operation on 1 November 1973. They amend the Australian Military Regulations to reflect the transition from Commands to Military Districts, ensuring that officers and authorities are correctly referenced in various regulations pertaining to officers on release of obligation, retired officers, re-engagement, authority to discharge soldiers, prescribed authorities, notices to report for service, and other administrative procedures. The policy objective is to streamline the administration and operational efficiency of the Australian Defence Force by updating outdated references and ensuring clear command structures.

Scope and Application

The Statutory Rules 1973 No. 206, enacted under the Defence Act 1903-1970, pertain specifically to the Australian Military Regulations and their amendment, impacting various aspects of military personnel administration. These regulations apply to military officers, personnel, and entities within the Australian Defence Force, with a focus on altering command structures by substituting references to "Commander of the Command" with "Commander of the Military District." This change is evident across several regulations, including those concerning officers on the retired list, re-engagement of personnel, authority to discharge soldiers, and notification of addresses, among others. The regulations are applicable nationally, affecting military personnel wherever they are stationed across Australia. Notably, the regulations do not specify any exclusions or thresholds and primarily focus on updating the administrative framework to reflect the new command structures within the military districts. Any further extensions or restrictions of these regulations are subject to additional subordinate instruments under the Defence Act.

Key Provisions

The Statutory Rules 1973 No. 206, made under the Defence Act 1903-1970, introduces several amendments to the Australian Military Regulations. The Regulations come into operation on 1 November 1973. They replace references to "Commander of the Command" with "Commander of the Military District" in several instances, reflecting a restructuring in the military command hierarchy. For example, Regulation 132 and 133 are amended to change references to "Commander of the Command in which he is residing" to "Commander of the Military District in which he is residing". The Regulations impose several obligations on military personnel and officials. These include the requirement for re-engagement of personnel to be approved by specific high-ranking officials such as the Chief of Personnel and the Director of Personnel Employment. The amendment to Regulation 140 specifies the new approval chain for re-engagement, replacing the previous requirement with a more detailed list of approving authorities. Additionally, the Regulations define the authority to discharge soldiers, now limited to specific senior personnel such as the Chief of Personnel and the Commandant of the Royal Military College, as per the amendment to Regulation 175. Failure to comply with the provisions of these Regulations may result in administrative or disciplinary action. Although the specific penalties for breaches are not detailed in the Regulations themselves, breaches of military regulations generally carry significant consequences, including potential criminal charges under the Defence Act 1903-1970. The maximum penalties for such offences can vary widely depending on the severity of the breach but can include fines and imprisonment.

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Military Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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