EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 331
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
In 1981 the policy was adopted that persons would not normally be eligible for entry to the Defence Force unless they hold Australian citizenship. This policy replaced the broader criterion of British nationality.
The new policy envisages that a person who is not an Australian citizen, but who has applied for Australian citizenship, could be recruited if necessary. If citizenship were not granted to him, or if he did not accept it when offered, his membership of the Defence Force would be terminated.
The Australian Military Regulations, made under the Defence Act 1903, provide for various matters relating to the administration and discipline of the Army.
Regulation 72 of the Regulations prescribes qualifications for the appointment of Army officers. Sub-regulation 72(3) provided that a person was not eligible to be appointed an officer in the Army unless he was a British subject or an Australian protected person.
Regulation 1 of this Statutory Rule repeals sub-regulation 72(3).
The requirement for officers of the Army to be Australian citizens, or applicants for citizenship, will be imposed administratively, as in the Navy and Air Force. (Neither the Naval Forces Regulations nor the Air Force Regulations contained a provision equivalent to sub-regulation 72(3) of the Australian Military Regulations.)
Regulation 176 of the Australian Military Regulations prescribes the reasons for which a soldier may be discharged from the Army.
Regulation 2 of this Statutory Rule inserts a new paragraph 176(1)(s) which provides that a soldier may be discharged for the reason that he has not been granted, or has not accepted, Australian citizenship.
The Statutory Rule has effect from the date of gazettal.