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Australian Military Regulations (Amendment)

Authoritative Version
  • - F1997B00232
  • No longer in force
SR 1995 No. 261 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 HR23-Oct-1995
Tabled Senate23-Oct-1995
Gazetted 12 Sep 1995
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules 1995   No. 2611

__________________

Australian Military Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 5 September 1995.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

 

GARY PUNCH

Minister for Defence Science and Personnel

____________

1.   Amendment

1.1   The Australian Military Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48]

2.   New heading — Division 1 of Part I

2.1   After the heading to Part 1, insert the following heading:

Division 1 — General”.

3.   Regulation 10 (Powers vested in occupant of office)

3.1   Omit the regulation.

4.   New heading — Division 2 of Part I

4.1   After regulation 11, insert:

Division 2 — Administration”.

5.   Regulation 11a (Powers of formation commander)

5.1   Add at the end:

           “(4)   The Chief of the General Staff may authorise an officer to exercise the powers and carry out the functions of the formation commander of a formation that is not on active service if:

             (a)   the office of the formation commander is temporarily vacant; or

             (b)   the formation commander is absent, or unable to perform his or her duties.

           “(5)   If, in the circumstances described in subregulation (4), the Chief of the General Staff has not authorised an officer to exercise the powers and carry out the functions of the formation commander, then the senior officer present may exercise those powers and carry out those functions until an officer is authorised to do so under subregulation (1) or (4).”.

6.   Regulation 12 (Powers of formation, etc, commanders exercisable by Military Board)

6.1   Omit the regulation, substitute:

Exercise of powers of a formation commander

           “12.   The Chief of the General Staff and the Assistant Chief of the General Staff—Personnel may exercise the powers of a formation commander at any time.”.

7.   Regulation 17 (Signing of Orders)

7.1   Omit “or the Chief of Personnel” (wherever occurring).

8.   Regulation 20 (Reports, etc., how to be made)

8.1   Omit the regulation.

9.   Regulation 22 (Establishment of Divisions)

9.1   Omit the regulation.

10.   Heading to Part II

10.1   Omit the heading.

11.   Regulation 32 (Signature of documents on behalf of Military Board)

11.1   Omit the regulation.

12.   Heading to Division 1 of Part III

12.1   Omit the heading, substitute:

Division 1 — Rank and Precedence”.

13.   Regulation 46 (Exercise of command)

13.1   Omit the regulation.

14.   Regulation 48 (Temporary rank)

14.1   Omit the regulation.

15.   Regulation 50 (Honorary rank)

15.1   Omit the regulation.

16.   Regulation 57 (Powers of officers seconded to civil positions)

16.1   Omit the regulation.

17.   Regulation 58 (In absence of formation, etc., commander)

17.1   Omit the regulation.

18.   Regulation 60 (Command of Australian Cadet Corps)

18.1   Omit the regulation.

19.   Regulation 63 (When appointment and promotion of W.O. or N.C.O. takes effect)

19.1   Omit the regulation.

20.   Regulation 68 (Precedence of Corps)

20.1   Subregulation 68 (1):

Omit “The Company of Officer Cadets”.

20.2   Subregulation 68 (1):

Omit “The Royal Australian Army Service Corps”.

20.3   Subregulation 68 (1):

Omit “The Australian Engineer and Railway Staff Corps”.

20.4   Subregulation 68 (1):

Omit “The Australian Army Reserve”.

 

20.5   Subregulation 68 (1):

Omit “The Volunteer Defence Corps”.

20.6   Subregulation 68 (2):

Omit “Citizen Forces”, substitute “Reserve Forces or Emergency Forces”.

21.   Heading to Division 2 of Part III

21.1   Omit the heading, substitute:

Division 2 — Entry, promotion, reduction and

termination of service of members”.

22.   Regulation 72 (Qualifications for appointment as an officer)

22.1   Omit the regulation, substitute:

Establishment of Divisions

           “72.   The following Divisions are established:

             (a)   the General Service Officer Division;

             (b)   the Prescribed Service Officer Division;

             (c)   the Specialist Service Officer Division.

Appointment as an officer

           “73.   (1)    The Chief of the General Staff may determine conditions with which a person must comply to be eligible for appointment as an officer to:

             (a)   a rank; or

             (b)   a part of the Army; or

             (c)   any other position;

described in the determination.

           “(2)   When making a determination, the Chief of the General Staff must have regard to the education, training, experience and other qualifications that would make a person suitable for the appointment.

           “(3)   The Chief of the General Staff may determine that a person named in the determination is not required to comply with a condition set out in the determination.

           “(4)   An instrument of appointment issued under subsection 10 (1) of the Act:

             (a)   must set out the date on which the appointment takes effect; and

             (b)   must identify the rank to which the appointee is appointed; and

             (c)   may make the appointment subject to a period of probation.

           “(5)   If an appointment is subject to a period of probation, the appointment is taken to be confirmed:

             (a)   if:

                           (i)   the period of probation, as set out in the instrument of appointment, ends; or

                         (ii)   an appointment authority sets out in writing a further period of probation, and the further period ends; and

             (b)   if the appointment has not been terminated before the end of the period, or further period, as the case requires.

           “(6)   The total period of probation in relation to the appointment must not be longer than 5 years.”.

23.   Regulation 74 (First appointment as officer)

23.1   Omit the regulation.

24.   Regulation 76 (Transfer of officers)

24.1   Omit the regulation, substitute:

Transfer of a member

           “76.   (1)    The Governor-General or the Chief of the General Staff may:

             (a)   transfer an officer to another Division if the officer agrees in writing; or

             (b)   transfer a member to another force if the member agrees in writing.

           “(2)   The Governor-General or the Chief of the General Staff may transfer a member from the Active Army Reserve to the Inactive Army Reserve at any time.

           “(3)   If it is proposed that a member be transferred under subregulation (2), the Governor-General or the Chief of the General Staff must:

             (a)   inform the member in writing of the proposal; and

             (b)   give the member a reasonable opportunity to show cause why the member should not be transferred.

           “(4)   When making a decision to transfer a member under subregulation (2), the Governor-General or the Chief of the General Staff must have regard to:

             (a)   the operational and training requirements of the Army; and

             (b)   practical personnel management; and

             (c)   any written reasons given by the member under subregulation (3).”.

25.   Regulation 77 (Posting of officers)

25.1   Omit the regulation, substitute:

Posting of a member

           “77.   The Chief of the General Staff may post a member:

             (a)   to a place in or outside Australia; or

             (b)   to a position in or outside the establishment of the Army.”.


26.   Regulation 79 (Promotion of officers)

26.1   Omit the regulation, substitute:

Promotion of a member

           “79.   (1)    The Chief of the General Staff may determine conditions with which a member must comply to be eligible:

             (a)   for promotion to a rank; or

             (b)   for promotion to a part of the Army; or

             (c)   any other promotion;

described in the determination.

           “(2)   When making a determination, the Chief of the General Staff must have regard to:

             (a)   the education, training, experience and other qualifications required to make a member suitable for promotion; and

             (b)   the need of members for career advancement; and

             (c)   the need to ensure the availability of an adequate number of members who are eligible for promotion.

           “(3)   The Chief of the General Staff may determine that a member named in the determination is not required to comply with a condition set out in the determination.

           “(4)   An instrument of promotion must set out the date on which the promotion takes effect.”.

27.   Regulation 80 (Promotion in time of war)

27.1   Omit the regulation, substitute:

Conditions for promotion do not apply in war or during an emergency

           “80.   (1)    Regulation 79 has no effect in a time of war or during a defence emergency.

           “(2)   A determination made under regulation 79 has no effect in a time of war or during a defence emergency.”.

28.   Regulation 89 (Vacancies in higher rank)

28.1   Omit the regulation.

29.   Regulation 92 (Promotion not a right)

29.1   Omit “An officer shall not be”, substitute “A member is not”.

30.   Heading to Division 3 of Part III

30.1   Omit the heading.

31.   Regulation 106 (Transfer)

31.1   Omit the regulation.

32.   Regulation 107 (Examination after change of arm in Army Reserve)

32.1   Omit the regulation.

33.   Regulation 108 (Supernumerary officers)

33.1   Omit the regulation.

34.   Regulation 109 (When seconded)

34.1   Omit the regulation.

35.   Regulation 112 (Period)

35.1   Omit the regulation.

36.   Regulation 124 (Ages for compulsory retirement of officers)

36.1   Paragraph 124 (1) (c):

Omit the paragraph, substitute:

           “(c)   in the case of an officer included in the General Service Officer Division who holds a rank specified in Column 2 of the following table in an item in that table—the age specified in Column 3 in that item:

 

Column 1

Column 2

Column 3

Item

Rank of officer

Compulsory retiring age in years

1

Colonel or brigadier

55

2

Major-general

57

3

Lieutenant-general

60

4

General

63

 

 

 

                                         

             (d)   subject to paragraph (c), in the case of an officer included in the General Service Officer Division who is appointed after 1 October 1995—55 years;

             (e)   in the case of an officer included in the General Service Officer Division who:

                          (i)   holds, on 1 October 1995, a rank specified in Column 2 of the following table in an item in that table; and

                         (ii)   does not make an election under subregulation (1A);

                     the age specified in Column 3 in that item:

 

Column 1

Column 2

Column 3

Item

Rank of officer

Compulsory retiring age in years

1

Officer cadet, second lieutenant, lieutenant, captain, or major

47

2

Lieutenant-colonel

50”

 

 

 

36.2   New subregulation 124 (1A):

After subregulation 124 (1), insert:

                 

        “(1A)   If an officer included in the General Service Officer Division:

             (a)   holds, on 1 October 1995, the rank of officer cadet, second lieutenant, lieutenant, captain, major or lieutenant-colonel; and

             (b)   within 6 months after that date, makes an election, in writing to the Chief of the General Staff, to adopt the retiring age of 55 years;

the retiring age for the officer is 55 years.”.

37.   Regulation 124A (Ages for compulsory retirement of officers—special provision)

37.1   Subregulation 124A(5):

Omit “under paragraph 23 (2) (e) or 24 (2) (a) or (b)”.

38.   Regulation 132 (Officers on R. of O.)

38.1   Omit the regulation.

39.   Regulation 133 (Retired officers)

39.1   Omit the regulation.

40.   Heading to Division 4 of Part III

40.1   Omit the heading.

41.   Heading to Division 5 of Part III

41.1   Omit the heading.

42.   Regulation 142 (Authority to appoint and promote warrant officers and non-commissioned officers)

42.1   Omit “Chief of Personnel” (wherever occurring), substitute “Chief of the General Staff”.

43.   Regulation 143a (Transfer of soldiers)

43.1   Omit the regulation.

44.   Regulation 145 (Lance appointments)

44.1   Omit the regulation.

45.   Regulation 147 (Qualifications for promotion to N.C.O. or warrant rank)

45.1   Omit the regulation.

46.   Regulation 160a (Soldiers not to be promoted after reaching age for compulsory retirement)

46.1   Omit the regulation.

47.   Regulation 161 (Reduction in rank of warrant officers and non-commissioned officers)

47.1   Omit the regulation, substitute:

Reduction in rank

        “161.   (1)    This regulation does not apply to a chaplain.

           “(2)   The Chief of the General Staff may, in writing, reduce a member’s rank on the ground of the member’s inefficiency or unsuitability.

           “(3)   If the Chief of the General Staff proposes to reduce a member’s rank, he or she must:

             (a)   inform the member in writing of the proposal; and

             (b)   give the member a reasonable opportunity to show cause why the member’s rank should not be reduced.

           “(4)   The Chief of the General Staff may cancel a reduction in rank.

           “(5)   If a reduction in rank is cancelled, the member to whom the reduction applied is restored to the rank that he or she held immediately before the reduction was made.”.

48.   Regulation 163 (Reduction on conviction by civil power)

48.1   Omit the regulation.

 

 

 

49.   Regulation 164 (Order for reduction in rank)

49.1   Omit the regulation.

50.   Regulation 165 (Cancellation, etc., of reduction in rank)

50.1   Omit the regulation.

51.   Regulation 166 (Voluntary  reduction in rank)

51.1   Subregulation 166 (1):

Omit “A warrant officer or non-commissioned officer”, substitute “A member”.

52.   Regulation 167 (When reduction takes effect)

52.1   Omit the regulation, substitute:

When reduction takes effect

        “167.   The reduction, under regulation 161 or 166, in the rank of a member, takes effect:

             (a)   on the day that the member is notified of the reduction; or

             (b)   if a later day is set out in the instrument of reduction—on the later day.”.

53.   Regulation 174a (Secondment for duty outside corps)

53.1   Omit the regulation.

54.   Regulation 174b (Period of secondment)

54.1   Omit the regulation.

55.   Regulation 174c (Filling of vacancies)

55.1   Omit the regulation.

56.   Regulation 174d (Seniority and rank on reversion)

56.1   Omit the regulation.

57.   Regulation 175 (Matters prescribed: paragraph 39 (3) (a) of the Act)

57.1   Omit the regulation, substitute:

Notice of soldier’s claim for early discharge

        “175.   For the purposes of paragraph 39 (3) (a) of the Act, the Chief of the General Staff must have regard to the following matters when determining the appropriate period of notice for a soldier’s claim for discharge before attaining retiring age:

             (a)   the operational and training requirements of the Army; and

             (b)   personnel considerations.”.

58.   Regulation 176 (Reasons for discharge)

58.1   Paragraph 176 (1) (c):

Omit the paragraph.

58.2   Paragraph 176 (1) (e):

Omit the paragraph.

58.3   Paragraph 176 (1) (f):

Omit the paragraph.

58.4   After paragraph 176 (1) (h), insert:

            “(j)   that the soldier does not comply with the medical standard for the trade or employment in which he or she is engaged;”.

58.5   Paragraph 176 (1) (k):

Omit the paragraph.

58.6   Paragraph 176 (1) (m):

Omit “training as an apprentice tradesman, musician or clerk”, substitute “recruit training, apprentice training, trade training, or initial employment training”.

58.7   Paragraph 176 (1) (o):

Omit the paragraph.

58.8   Paragraph 176 (1) (q):

Omit “or has suffered frequent convictions for having been absent without leave”.

58.9   Paragraph 176 (1) (r):

Omit the paragraph.

58.10   Paragraph 176 (1) (u):

Omit “efficient service”, substitute “service that the soldier was bound to render under section 50 of the Act”.

59.   Regulation 191 (Age for compulsory retirement of a soldier—general)

59.1   Subregulation 191 (3):

Omit the subregulation.

59.2   Subregulation 191 (4):

After “his”, insert “or her”.

59.3   Subregulation 191 (5):

After “his”, insert “or her”.

59.4   Subregulation 191 (5):

After “he”, insert “ or she”.

60.   Regulation 432 (General instructions for medical examinations)

60.1   Omit the regulation.

61.   Regulation 434 (Attendance of medical officer on member suspected to be absent without sufficient cause, etc.)

61.1   Omit “suspected to be venereal disease or to have been caused by his misconduct”.

 


62.   Regulation 435 (Obligations to undergo medical or dental treatment)

62.1   Add at the end:

           “(3)   In this regulation:

             (a)   ‘medical officer’ includes a person who is registered in a State or Territory as a medical practitioner; and

             (b)   ‘dental officer’ includes a person who is registered in a State or Territory as a dental practitioner.”.

63.   Heading to Division 6 of Part VI

63.1   Omit the heading.

64.   Regulation 473 (Extended leave of absence without pay)

64.1   Omit the regulation.

65.   Regulation 475 (Holidays)

65.1   Omit the regulation.

66.   Regulation 476 (Attendance of a member on a holiday)

66.1   Omit the regulation.

67.   Regulation 482 (Territorial basis)

67.1   Omit the regulation.

68.   Regulation 483a (Attachment to Permanent Forces)

68.1   Omit the regulation.

69.   Division 3 of Part VII (Royal Australian Army Medical Corps)

69.1   Omit the Division.

 

 

70.   Division 4 of Part VII (Royal Australian Army Dental Corps)

70.1   Omit the Division.

71.   Regulation 578 (Appointment, transfer and seconding to and promotion in the A.A.L.C.)

71.1   Omit the regulation.

72.   Regulation 581 (Appointments of officers of the A.A.L.C.)

72.1   Omit the regulation.

73.   Regulation 582 (Duties of legal officers)

73.1   Omit the regulation.

74.   Regulation 595 (Principal Chaplains)

74.1   Omit “3 Principal Chaplains, namely”, substitute “as Principal Chaplains”.

74.2   Omit “one for Chaplains who are” (wherever occurring), substitute “1 or more”.

75.   Regulation 597 (Advancement of classification)

75.1   Omit the regulation, substitute:

Change in the classification of a chaplain

        “597.   (1)    The Principal Chaplain in relation to a chaplain may recommend to the Chief of the General Staff that the chaplain’s classification be:

             (a)   advanced; or

             (b)   reduced on the ground of inefficiency or unsuitability; or

             (c)   if the chaplain asks that his or her classification be reduced—reduced at the chaplain’s request.


           “(2)   The Chief of the General Staff may only advance or reduce a chaplain’s classification in accordance with the Principal Chaplain’s recommendation.

           “(3)   If the Chief of the General Staff proposes to reduce a chaplain’s classification on the ground of inefficiency or unsuitability, the Chief of the General Staff must:

             (a)   inform the chaplain in writing of the proposal; and

             (b)   give the chaplain an opportunity to show cause why his or her classification should not be reduced.”.

76.   Regulation 598 (Reduction of classification)

76.1   Omit the regulation.

77.   Division 3 of Part X (Confidential reports on officers)

77.1   Omit the Division.

78.   Division 3 of Part XI (Allotment of quarters—Permanent Military Forces)

78.1   Omit the Division.

79.   Division 4 of Part XI (Married soldiers—Permanent Military Forces)

79.1   Omit the Division.

80.   Part XII (Uniforms)

80.1   Omit the Part.


NOTES

1.   Notified in the Commonwealth of Australia Gazette on 12 September 1995.

2.   Statutory Rules 1927 No. 149 as amended by 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, 115, 123, 134, 160 and 173; 1940 Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941 Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942 Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943 Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944 Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945 Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946 Nos. 72, 113, 114, 116 and 150; 1947 Nos. 25 and 59; 1948 Nos. 40, 59, 65 and 79; 1949 Nos. 55 and 68; 1950 Nos. 10, 21, 29, 64 and 65; 1951 Nos. 20, 56, 125, 149 and 152; 1952 Nos. 8, 60, 68 and 69; 1953 No. 87; 1954 Nos. 113, 117 and 118; 1955 Nos. 7, 31 and 55; 1956 Nos. 52, 102 and 115; 1957 No. 56; 1958 Nos. 31, 32 and 85; 1959 Nos. 22 and 30; 1960 No. 25; 1961 No. 42; 1962 Nos. 23, 27, 68, 69 and 71; 1963 No. 28; 1964 Nos. 62, 83, 93 and 149; 1965 Nos. 61, 72, 116, 119, 138 and 174; 1966 Nos. 119 and 167; 1967 Nos. 13, 118 and 168; 1968 Nos. 91 and 96; 1969 Nos. 76, 94, 96, 197 and 217; 1970 Nos. 101 and 193; 1971 Nos. 85 and 179; 1972 Nos. 57, 123 and 207; 1973 Nos. 99, 206, 245 and 250; 1974 Nos. 75 and 91; 1975 Nos. 2, 143, 144 and 192; 1976 Nos. 59 and 220; 1977 No. 50; 1978 Nos. 53, 139 and 197; 1979 Nos. 20, 30, 169, 170 and 242; 1980 Nos. 64, 177, 245, 340 and 360; 1981 Nos. 54, 60, 257 and 338; 1982 Nos. 36, 190 and 331; 1983 Nos. 40, 61, 203 and 289; 1984 Nos. 76, 78, 378, 390, 391 and 429; 1985 Nos. 90, 117 and 211; 1986 No. 331; 1987 Nos. 19 and 177; 1988 Nos. 38, 90 and 127; 1990 Nos. 42 and 375; 1991 No. 131; 1993 No. 190.