STATUTORY RULES
1946. No. 95.
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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1946.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1946.
Dated this fifth day of June, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
F. M. FORDE
for and on behalf of the Minister of
State for Defence.
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Amendment of the National Security (Military Forces) Regulations.†
The National Security (Military Forces) Regulations are amended by adding at the end thereof the following regulation:—
Wearing of uniforms by persons who have ceased to be members of the Military Forces.
“22. Notwithstanding anything contained in section 83 of the Defence Act 1903-1945 or any regulation made under that Act, the Military Board or any officer appointed in writing for the purpose by the Military Board may, subject to such conditions as the Military Board directs, authorize in writing any person who has been a member of the Australian Military Forces to wear the whole or any part of the military uniform, including badges or emblems, issued to or of approved pattern for members of the Australian Military Forces:
Provided that authority shall not be given in any case for any period exceeding six months—
(a) in the case of a soldier—after the date of his discharge; and
(b) in the case of an officer—after the termination of his appointment to the Active List of the Australian Military Forces.”.
* Notified in the Commonwealth Gazette, on 6th June, 1946.
† Statutory Rules 1941, No. 1. as amended by Statutory Rules 1941, Nos. 10, 202, 204 and 265: 1942, Nos. 24, 42, 104, 135, 156, 187, 240, 277, 341, 491 and 492; 1913, Nos. 207, 252 and 315; 1944, No. 133; 1945, No. 30; and 1946, No. 60.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2481.—Price 3d.
Overview
The Statutory Rules 1946, No. 95, represents a regulation made under the National Security Act 1939-1946 by the Governor-General in Council, acting on the advice of the Minister for Defence. Enacted on 5 June 1946, this legislative instrument aimed to address the issue of former members of the Australian Military Forces wearing their uniforms after their service had ended. The policy objective was to control and regulate the wearing of military uniforms by ex-servicemen, ensuring that such attire was only permissible under specific conditions and for a limited duration post-discharge. This regulation was introduced to maintain the dignity and discipline associated with military uniforms while allowing a degree of recognition and respect for those who had served in the military.
Scope and Application
The regulation under the National Security Act 1939-1946 pertains to the wearing of military uniforms by individuals who have previously served in the Australian Military Forces. This regulation applies to former members of the military, including soldiers and officers, and governs the conditions under which they may be permitted to wear their uniforms, badges, or emblems following their discharge or termination of appointment. The Military Board, or officers appointed by it, has the authority to grant such permission, subject to specific conditions and a maximum duration of six months post-discharge or termination. The regulation serves to amend the existing National Security (Military Forces) Regulations and explicitly outlines the parameters under which former military personnel may wear their uniforms, thereby providing a clear legal framework for this practice. The regulation extends across the Commonwealth of Australia and is applicable to any individual who has served in the Australian Military Forces. The regulation does not explicitly mention any exclusions, exemptions, or thresholds other than the duration limitation. It is worth noting that the regulation can be further refined or expanded through subordinate instruments as necessary.
Key Provisions
The main operative section of this statutory rule is Regulation 22 (C1946L00095), which provides specific provisions regarding the wearing of military uniforms by individuals who have left the Australian Military Forces. Under this regulation, the Military Board or an officer appointed by the Military Board can authorise, in writing and subject to any conditions set by the Military Board, a former member of the Australian Military Forces to wear their uniform, including badges or emblems, for a period not exceeding six months after their discharge if they were a soldier, or after the termination of their appointment to the Active List if they were an officer. This authorisation is provided despite any conflicting provisions in the Defence Act 1903-1945 or any regulations made under that Act.
The Act imposes certain obligations on the Military Board and any officers appointed by them. They must ensure that any authorisation given under Regulation 22 is in writing and that it complies with any conditions specified by the Military Board. The Board must also ensure that the authorisation does not extend beyond the six-month period specified in the regulation. Additionally, the Board is responsible for overseeing the use of military uniforms by former members of the Australian Military Forces to ensure that it does not bring discredit to the military or the nation.
Failure to comply with the provisions of this regulation may result in civil or criminal consequences. While the specific penalties are not detailed in the regulation, breaches of military regulations can typically lead to disciplinary action, fines, or imprisonment, depending on the severity of the breach and the discretion of the court. It is important to note that the maximum penalties for such offences are not explicitly stated in this regulation, and would need to be determined based on the broader legal context and specific circumstances of the case.