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.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister for Defence, were enacted to address the policy shift from British nationality to Australian citizenship as a primary criterion for eligibility for entry into the Defence Force. This change was implemented to align the recruitment policies of the Defence Force with contemporary national identity and citizenship principles. The Regulations amend the Australian Military Regulations, which are made under the Defence Act 1903 and govern various aspects of the administration and discipline of the Army. Specifically, the amendment removes the eligibility criterion that previously allowed British subjects or Australian protected persons to be appointed as Army officers, replacing it with a requirement for Australian citizenship or application for citizenship. Additionally, the amendment introduces a new ground for discharge from the Army if a soldier does not obtain or accept Australian citizenship. This change ensures consistency across the Defence Force services, as similar citizenship requirements are already in place for the Navy and Air Force. The Statutory Rule took effect from the date of its gazette.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rules 1982 No 331, issued by the authority of the Minister for Defence, modifies the eligibility criteria for officers in the Army by aligning them with the policy that generally requires Australian citizenship for entry into the Defence Force. This amendment replaces the previous criterion of British nationality with a requirement that officers must be Australian citizens or applicants for Australian citizenship. The regulation applies to individuals aspiring to become officers within the Army, ensuring they meet the updated citizenship requirements. Additionally, it includes provisions for the discharge of soldiers who do not obtain or refuse Australian citizenship, thereby enforcing the citizenship requirement across all ranks. The changes are effective from the date of gazette, extending to the entire Commonwealth of Australia. This rule does not specify any exclusions or exemptions, but it does imply that the citizenship requirement will be implemented administratively, similar to the practices in the Navy and Air Force.
Key Provisions
The Australian Military Regulations (Amendment) Statutory Rules 1982 No. 331 introduce significant changes to the eligibility criteria for entry into the Australian Defence Force. Regulation 1 of this Statutory Rule repeals sub-regulation 72(3) of the Australian Military Regulations, which previously allowed individuals who were British subjects or Australian protected persons to be appointed as officers in the Army. This change mandates that officers must now be Australian citizens or applicants for Australian citizenship. The requirement for Australian citizenship for Army officers will be implemented administratively, following the practices already in place for the Navy and Air Force.
In addition to altering the eligibility criteria for officers, Regulation 2 of the Statutory Rule introduces a new reason for the discharge of a soldier under Regulation 176 of the Australian Military Regulations. Specifically, a soldier may now be discharged if they have not been granted Australian citizenship or have not accepted it when offered. This amendment ensures consistency across the Defence Force by aligning the requirements for citizenship across all branches.
The obligations imposed by these regulations on individuals seeking to join the Army are clear. Prospective officers must now hold Australian citizenship or be in the process of applying for it. Similarly, serving soldiers must ensure they meet the citizenship requirement; failure to do so may result in their discharge from service. These regulations underscore the importance of citizenship as a fundamental criterion for military service in Australia.
Breaches of these provisions carry significant consequences. For officers, failure to meet the citizenship requirement could result in disqualification from appointment or promotion. For serving soldiers, non-compliance with the citizenship requirement could lead to discharge from the Army. While the Statutory Rule does not specify penalties for these breaches, the consequences are severe and directly impact an individual's career within the Defence Force. This amendment serves to reinforce the policy that citizenship is a prerequisite for military service in Australia, ensuring that those who serve do so under the full protection and obligations of Australian citizenship.