Australian Military Regulations (Amendment)

Administered by Department of Defence

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STATUTORY RULES.

1941. No.14.

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 third day of January, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

Amendments of the Australian Military Regulations.†

When seconded.

1. Regulation 109 of the Australian Military Regulations is amended—

(a) by inserting, after paragraph (f) of sub-regulation (1), the the following paragraph:—

“(ff) on appointment to any Expeditionary Force raised for service outside of the Commonwealth”;

(b) by omitting from paragraph (g) of that sub-regulation the word “or”; and

“or (i) on appointment to any Training Unit”.

2.—(1.) Regulations 142 and 143 of the Australian Military Regulations are repealed and the following regulations inserted in their stead:—

Authority to appoint and promote W.O.’s

“142.—(1) The appointment of a person or the promotion of a soldier to the rank of W.O. (Class I.) or W.O. (Class II.)—

(a) in the Permanent Forces—

(i) at any time, other than a time of war, or

(ii) in time of war, within the Commonwealth; or

(b) in the Citizen Forces,

may be made by the Adjutant-General or by the formation, &c., commander of the formation, &c, to which the appointment, or in which the promotion, is to be made.

* Notified in the Commonwealth Gazette on 30th January, 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, 237, 252, 272, and 273.

(2) The promotion of a soldier to the rank of W.O. (Class I.) or W.O. (Class II.) in any part of the Permanent Forces serving outside the limits of the Commonwealth in time of war may be made by the General Officer in chief command of the body of the Forces to which the soldier belongs or by an officer authorized in that behalf by the Military Board or by that General Officer.

Authority to appoint or promote N.C.O.’s.

“143.—(1) The appointment of a person to the rank of N.C.O. in the Permanent or Citizen Forces, including an acting or lance appointment with pay, may be made by the Adjutant-General or by an officer authorized in that behalf by the Adjutant-General.

(2) The promotion of a soldier to the rank of N.C.O. in the Permanent or Citizen Forces, including an acting or lance appointment with pay, may be made

(a) by the Adjutant-General;

(b) by the General Officer in chief command of the body of the Military Forces to which the soldier belongs;

(d) subject to any restrictions imposed by such authority, by the C.O. of the unit to which the soldier belongs”.

(2) Any appointment or promotion made during the period commencing on the sixth day of October, 1939, and ending on the day upon which these Regulations came into operation shall be of full force and effect if made by the authority prescribed in relation thereto by regulation 142 or 143, as the case may be, of the Australian Military Regulation, as amended by this regulation.

Reasons for which discharge may be effected.

3. Regulation 184 of the Australian Military Regulations is amended by inserting in sub-regulation (1), after paragraph (viiia), the following paragraphs:—

“(viiib) on enlistment in any Expeditionary Force raised for service outside of the Commonwealth; or

(viiic) if required for employment in an industry or occupation his employment in which is, in the opinion of the Military Board, necessary in the interests of the defence of the Commonwealth, the more effectual prosecution of any war in which His Majesty is or may be engaged, or for maintaining supplies and services essential to the life of the community; or

(viiid) if required for service with the Royal Australian Navy or the Royal Australian Air Force; or

(viiiie) when on war service, at his own request, if the Military Board consents; or”.

Limits of powers of CO.

4. Regulation 249 of the Australian Military Regulations is amended by omitting from paragraph (a) of sub-regulation (1)—

(a) the words “, and except on active service”; and

(b) the words “(except on active service)” (second occurring).

5. Regulation 387 of the Australian Military Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

Modification of A.A. 127 and 128 and R.P. 73 (A).

“(1) Notwithstanding anything contained in A.A. 127 and A.A. 128 or in R.P. 73 (a), the provisions of section 31 of the Acts Interpretation Act 1901-1937, the Evidence Act 1905-1934 and section 6 of the Rules Publication Act 1903-1939 shall apply to and in relation to courts-martial for the trial of members of the Military Forces, whether within or without the Commonwealth, as if those provisions were embodied in these Regulations, and any reference to a Court in those provisions shall be read as including a reference to any such court-martial”.

Extension of time for registration.

6. Regulation 416a of the Australian Military Regulations is amended by omitting the words “registered himself” and inserting in their stead the words “register himself or be registered”.

7. Regulation 722 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Military Board.

“722. The Ensign of the Commonwealth bearing on the fly thereof, as a distinguishing mark, a crown on a blue shield with the words “Military Board” on a white scroll in the lower half of the shield may be flown by the Military Board or a member thereof when embarked on duty in boats or vessels”.

8. Regulation 722a of the Australian Military Regulations is amended—

(a) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

Authorized flags.

(1) The flags specified in Column 2 of the following table as authorized for the persons or officers specified in Column 1 of that table may be flown on motor cars or carried by mounted orderlies, as the case may be:—

Column 1.	Column 2.
Occupant of car or officer upon whom Mounted Orderly is attendant.	Flag authorized.
Member of the Military Board...........	Flag, distinguishing, Head-quarters of an Army (red, black, red), bearing in its centre, as a distinguishing mark, the Royal Crest in gold, above the words ‘Military Board’ on a white scroll.
General Officer Commanding Command	Flag, distinguishing, Head-quarters of a Corps (red, white, red)
District Commandant.................	Flag, as for General Officer Commanding Command, with number of District (e.g. 4 M.D.) in black
Formation, &c., Commander (other than General Officers Commanding Commands, District Commandants, or Commandant, Royal Military College of Australia)	Flag, distinguishing, division (red, swallow tail, with number of the division, &c., in white, the letter “C” being added in the case of a cavalry division)
Commandant, Royal Military College of Australia	Flag, with upper half red and lower half blue, bearing in its centre, in gold, the badge of the Corps of Staff Cadets
Brigade Commander.................	Flag, distinguishing, brigade (blue pendant)

(b) by omitting from sub-regulation (3) all the words and figures from and including the words “with the following exceptions” to the end of the sub-regulation.

General Officers.

9. Regulation 723 of the Australian Military Regulations is amended by omitting the word “stations” and inserting in its stead the words “Commands or by District Commandants”.

10. After regulation 767 of the Australian Military Regulations the following regulation is inserted:—

Time of war.

“767a. In time of war, the preceding provisions of this Division shall not apply, but the Military Board may direct that special confidential reports shall be prepared, in which case the preceding provisions of this Division shall, subject to the terms of the direction, be complied with as far as practicable”.

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

Overview

The Statutory Rules 1941 No. 14, enacted under the Defence Act 1903-1939, was introduced to address the need for amendments to the Australian Military Regulations to accommodate the changing demands of military operations during the Second World War. This legislative instrument was made by the Governor-General in accordance with advice from the Federal Executive Council. The primary policy objective of these Regulations is to provide flexibility and authority in the appointment and promotion of military personnel, particularly in response to the exigencies of wartime conditions. The Regulations cover various aspects such as the appointment of personnel to Expeditionary Forces, Training Units, and the modification of authority limits for commanding officers and regulations regarding the flying of authorized flags by military personnel. The Regulations also address the extension of time for registration and the applicability of certain provisions during wartime, ensuring that military operations could proceed smoothly and effectively.

Scope and Application

The Statutory Rules 1941, No. 14, which consist of Regulations under the Defence Act 1903-1939, pertain to the amendment and repeal of certain regulations within the Australian Military Regulations. These regulations apply to individuals and entities within the Australian Military Forces, including the Permanent Forces, Citizen Forces, and any Expeditionary Forces raised for service outside of the Commonwealth. The amendments cover appointments, promotions, discharges, and the powers of commanding officers within these forces, both within Australia and overseas, particularly during times of war. The scope of these regulations extends to all members of the Military Forces and their respective commanders, and they are applicable to any military operations conducted by Australia, whether within the Commonwealth or abroad. The Regulations also outline the procedures for the conduct of courts-martial and the flying of military flags by authorised personnel. These regulations do not explicitly mention exclusions or exemptions, but their application is contingent upon the specific context and authorisation within the military hierarchy. The Regulations may be further extended or modified through subordinate instruments as necessary, particularly in response to changing military circumstances or operational requirements.

Key Provisions

The Statutory Rules 1941 No. 14, made under the Defence Act 1903-1939, include several amendments to the Australian Military Regulations that govern various aspects of military service. Regulation 109 has been amended to include a new paragraph (ff) that states that soldiers can be appointed to any Expeditionary Force raised for service outside the Commonwealth. The regulation also includes changes to the wording of existing paragraphs to ensure clarity and proper sequencing of the appointments (Regulation 109). Regulations 142 and 143 replace previous regulations to clarify the authority to appoint and promote Warrant Officers (W.O.) and Non-Commissioned Officers (N.C.O.) in different military contexts, including Permanent Forces, Citizen Forces, and during wartime (Regulations 142 and 143). Regulation 184 is amended to include new reasons for discharge from military service, such as enlistment in an Expeditionary Force, employment in essential industries, or service requests with the Royal Australian Navy or Air Force (Regulation 184). Additionally, Regulation 249 is amended to remove certain restrictions on the powers of Commanding Officers in specific circumstances (Regulation 249). Regulation 387 is updated to incorporate provisions from other Acts for the trial of military personnel by courts-martial, ensuring that the relevant legal frameworks apply uniformly (Regulation 387). Regulation 416a is modified to allow for both self-registration and registration by another party for certain military purposes (Regulation 416a). These regulations impose various obligations on military personnel and authorities, including the requirement for specific authorities to make appointments and promotions within the military, adherence to newly defined discharge criteria, and compliance with updated procedural requirements during wartime (Regulations 109, 142, 143, 184, 249, 387, 416a). The regulations also stipulate the use of authorized flags for different military personnel and the flying of the Military Board Ensign under specified conditions (Regulations 722, 722a). The Military Board is granted the authority to issue special confidential reports during wartime, with the ability to direct compliance with certain regulations (Regulation 767a). Failure to comply with these regulations may result in various consequences, including administrative penalties or disciplinary action against military personnel or authorities. While the specific penalties are not detailed in these regulations, breaches of military regulations generally carry significant administrative or disciplinary repercussions, depending on the severity and nature of the violation.

Area of Law: Military Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Enforcement Powers; Regulatory Standards

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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.

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