Federal Register of Legislation - Australian Government

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Australian Military Regulations (Amendment)

Authoritative Version
  • - F1997B00204
  • No longer in force
SR 1980 No. 360 Regulations as made
These Regulations amend the Australian Military Regulations.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR24-Feb-1981
Tabled Senate24-Feb-1981
Gazetted 12 Dec 1980
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules

1980 No. 360

REGULATIONS UNDER THE DEFENCE ACT 19031

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

          Dated this fourth day of December 1980.

                                                                                                                           ZELMAN COWEN

                                                                                                                           Governor-General

          By His Excellency’s Command,

 

D. J. KILLEN

Minister of State for Defence

_______________

AMENDMENTS OF THE AUSTRALIAN MILITARY
REGULATIONS2

          1.   Regulations 125, 126 and 127 of the Australian Military Regulations are repealed and the following regulation is substituted:

                Military title after retirement

“125. (1)   Subject to sub-regulation (2), the Governor-General shall, if he places an officer on a retired list, grant to that officer a military title of the same designation as the substantive rank held by him immediately before his retirement.

       “(2)   The Governor-General shall, if he places an officer on a retired list, grant to that officer a military title of the same designation as the next higher rank to the substantive rank held by him immediately before his retirement if that officer had held that higher rank on a temporary or acting basis—

                (a)    for the final year of his service; or

               (b)    for 2 of the last 3 years of his service.

       “(3)   The Governor-General shall, if he places a Chaplain-General or a Chaplain on a retired list, grant to that Chaplain-General or Chaplain the military title of Chaplain-General or Chaplain, as the case requires, and, in the case of a Chaplain granted the military title of Chaplain, shall also grant to that Chaplain the classification held by him immediately before his retirement.

       “(4)   A military title granted on retirement shall not confer any right to command, or any position in or membership of the Army.”.

                Military title, if again placed on retired list

          2.   Regulation 128 of the Australian Military Regulations is amended by omitting “Notwithstanding anything contained in regulations 125, 126 and 127, if” and substituting “If”.

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 12 December 1980.

2.       Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 64 and see also Statutory Rules 1980 Nos. 64, 177, 245 and 340.