AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) 1983 NO. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) 1983 NO. 61 - TABLE OF PROVISIONS 1. Interpretation 2. 3. Precedence of Corps 4. Qualifications for appointment as an officer 5. Administrative and Technical Officers List 6. Transfer and secondment of officers 7. Promotion of officers 8. Aides-de-Camp to the Governor of a State 9. Appointment of Honorary Colonels and Colonels Commandant 10. Special lists 11. Ages for compulsory retirement of officers 12. 13. 14. Appointment of staff cadets 15. Seniority 16. Allotment for duty 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 1 Interpretation 1. Regulation 3 of Australian Military Regulations is amended by omitting from sub-regulation (1) the definition of "Special List". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 2 2. After regulation 21 of the Australian Military Regulations the following regulations are inserted: Establishment of Divisions "22. For the purposes of section 33 of the Act, the following Divisions are established in the Army: (a) the Specialist Service Officer Division; (b) the Prescribed Service Officer Division; and (c) the General Service Officer Division. Composition of Specialist Service Officer Division "23. (1) In this regulation, 'commencement date' means the date of commencement of this regulation. "(2) The Specialist Service Officer Division shall consist of- (a) any officer appointed to serve as- (i) Chaplain; (ii) Medical Officer; (iii) Veterinary Officer; (iv) Pharmacist; (v) Optometrist; (vi) Occupational Therapist; (vii) Physiotherapist; (viii) Radiographer; (ix) Health Officer; (x) Scientific Officer; (xi) Dental Officer; (xii) Education Officer; (xiii) Public Relations Officer; (xiv) Pay Officer in the Royal Australian Army Pay Corps; (xv) Legal Officer; (xvi) Psychologist; or (xvii) Nursing Officer; (b) any officer appointed to serve as an officer in the Australian Army Band Corps; (c) any officer appointed to the Reserve Citizen Military Forces; (d) any officer who before the commencement date commenced to serve, and has not ceased to serve, in the Australian Army Printing and Stationery Service; and (e) any officer who before the commencement date commenced to serve, and has not ceased to serve, in- (i) the Royal Australian Survey Corps; or (ii) the Australian Army Catering Corps, other than an officer who is designated by instrument in writing signed by, or under the authority of, the Chief of the General Staff for inclusion in the General Service Officer Division. "(3) The Chief of the General Staff, or a person acting under the authority of the Chief of the General Staff, shall not, under paragraph (2) (e), designate an officer for inclusion in the General Service Officer Division unless the consent in writing of the officer to that inclusion has been delivered to the Chief of the General Staff. Composition of Prescribed Service Officer Division "24. (1) In this regulation, 'commencement date' means the date of commencement of this regulation. "(2) Subject to sub-regulation (3), the Prescribed Service Officer Division shall consist of- (a) any officer (not being a graduate of an institution referred to in paragraph 72 (1) (q)) who, immediately before his appointment as an officer, held the rank of warrant officer, other than such an officer who is designated by instrument in writing signed by, or under the authority of, the Chief of the General Staff for inclusion in the General Service Officer Division; and (b) any officer who, immediately before the commencement date, was included on the Administrative and Technical Officers List, other than an officer who is designated by instrument in writing signed by, or under the authority of, the Chief of the General Staff for inclusion in the General Service Officer Division. "(3) An officer shall not be included in the Prescribed Service Officer Division if he is included in the Specialist Service Officer Division. "(4) The Chief of the General Staff, or a person acting under the authority of the Chief of the General Staff, shall not, under paragraph (2) (a) or (b), designate an officer for inclusion in the General Service Officer Division unless the consent in writing of the officer to that inclusion has been delivered to the Chief of the General Staff. Composition of General Service Officer Division "25. The General Service Officer Division shall consist of officers who are not included in the Specialist Service Officer Division or the Prescribed Service Officer Division. Effect of inclusion in a Division "26. The inclusion of an officer in a Division established by regulation 22 does not affect his inclusion in, or membership of, any other part of the Army, other than another such Division.". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 3 Precedence of Corps 3. Regulation 68 of the Australian Military Regulations is amended- 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 4 Qualifications for appointment as an officer 4. Regulation 72 of the Australian Military Regulations is amended- (a) by omitting sub-regulation (1) and substituting the following sub-regulation: "(1) For the purposes of section 10 of the Act, a person is not eligible to be appointed as an officer of the Army for service in any of the following parts of the Army: (a) the Royal Australian Armoured Corps; (b) the Royal Regiment of Australian Artillery; (c) the Royal Australian Engineers; (d) the Royal Australian Survey Corps; (e) the Royal Australian Corps of Signals; (f) the Royal Australian Infantry Corps; (g) the Australian Army Aviation Corps; (h) the Australian Intelligence Corps; (i) the Royal Australian Army Service Corps; (j) the Royal Australian Corps of Transport; (k) the Australian Army Canteens Service; (l) the Royal Australian Army Ordnance Corps; (m) the Australian Army Printing and Stationery Service; (n) the Royal Australian Electrical and Mechanical Engineers; (o) the Australian Army Catering Corps; (p) the Royal Australian Corps of Military Police, unless that person- (q) is a graduate of- (i) the Royal Military College; (ii) the Officer Cadet School; or (iii) any other institution established for training persons for appointment as officers of the Army; or (r) possesses other qualifications determined by the Chief of the General Staff by instrument in writing to be sufficient for the performance of the duties of an officer serving in that part of the Army."; and (b) by inserting in paragraph (2) (ea) "Royal Australian Army Educational Corps, the Royal Australian Army Pay Corps or the" after "in the". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 5 Administrative and Technical Officers List 5. Regulation 73 of the Australian Military Regulations is repealed. 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 6 Transfer and secondment of officers 6. Regulation 76 of the Australian Military Regulations is amended- (a) by omitting from paragraph (1) (e) "or on a corps list" and "or on to another corps list"; and (b) by omitting sub-regulation (2A). 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 7 Promotion of officers 7. Regulation 79 of the Australian Military Regulations is amended by omitting sub-regulations (3) to (9) (inclusive) and substituting the following sub-regulations: "(3) Subject to sub-regulations (5) and (6), the Chief of the General Staff may determine by instrument in writing that- (a) all officers; or (b) officers included in a specified class of officers, are not eligible for promotion- (c) to specified ranks; (d) in specified parts of the Army; or (e) of a specified kind, unless they have served for a specified period- (f) in a specified rank; or (g) in a specified rank in a specified part of the Army. "(4) In sub-regulation (3) 'specified' means specified in the instrument referred to in that sub-regulation. "(5) In making a determination under sub-regulation (3), the Chief of the General Staff shall have regard to- (a) the time required for officers to gain sufficient skill, experience or other qualification to be suitable for promotion; (b) the career advancement needs of officers; and (c) the need to ensure the availability of an adequate supply of officers suitable for promotion to particular ranks or in particular parts of the Army. "(6) The Chief of the General Staff may, having regard to the factors specified in paragraphs (5) (a), (b) and (c), exempt a particular officer from compliance with a determination under sub-regulation (3).". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 8 Aides-de-Camp to the Governor of a State 8. Regulation 96 of the Australian Military Regulations is amended by omitting from sub-regulation (2) ", of whom one may be an officer of the Australian Staff Corps". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 9 Appointment of Honorary Colonels and Colonels Commandant 9. Regulation 98 of the Australian Military Regulations is amended by omitting from paragraph (2) (c) "The Royal Corps of Australian Electrical and Mechanical Engineers" and substituting "The Royal Australian Electrical and Mechanical Engineers". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 10 Special lists 10. Regulation 122 of the Australian Military Regulations is repealed. 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 11 Ages for compulsory retirement of officers 11. Regulation 124 of the Australian Military Regulations is amended- (a) by omitting sub-regulations (1), (1AA), (1A) and (2) and substituting the following sub-regulations: "(1) Subject to this regulation, the age for the compulsory retirement of an officer is- (a) in the case of an officer included in the Specialist Service Officer Division- (i) where the officer holds a rank in the range second lieutenant to brigadier (inclusive)-55 years; or (ii) where the officer holds the rank of major-general-57 years; (b) in the case of an officer included in the Prescribed Service Officer Division-55 years; or (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 of that table in that item: ---------------------------------------------------------------- Column 1 Column 2 Column 3 Compulsory retiring age Item Rank of officer in years ---------------------------------------------------------------- 1 Second lieutenant, lieutenant, captain, or major . . . . . . . . . . . . . . . . 47 2 Lieutenant-colonel . . . . . . . . . . . 50 3 Colonel or brigadier . . . . . . . . . . 55 4 Major-general . . . . . . . . . . . . . . 57 5 Lieutenant-general . . . . . . . . . . . 60 6 General . . . . . . . . . . . . . . . . . 63 ---------------------------------------------------------------- "(2) Subject to sub-regulations (2A) to (7) (inclusive), the age for the compulsory retirement of an officer serving in the Royal Australian Army Chaplains' Department is- (a) in the case of a Chaplain 4th, 3rd or 2nd class-55 years; or (b) in the case of a Chaplain 1st class or Principal Chaplain-57 years."; (b) by omitting sub-regulation (4); and (c) by adding at the end thereof the following sub-regulation: "(8) For the purpose of sub-regulation (1), a reference to a Division in which an officer is included means- (a) in the case of an officer performing his normal duties-the Division in which the officer is included in accordance with regulation 23, 24 or 25; or (b) in the case of an officer performing duties other than his normal duties-the Division in which the officer would be included in accordance with regulation 23, 24 or 25 if he were performing his normal duties.". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 12 12. After regulation 124 of the Australian Military Regulations the following regulation is inserted: Ages for compulsory retirement of officers-special provision "124A. (1) In this regulation- 'commencement date' means the date of commencement of this regulation; 'former retirement age' means, in relation to an officer, the age for the compulsory retirement of that officer that was applicable immediately before the commencement date; 'new retirement age' means, in relation to an officer, the age for the compulsory retirement of that officer that is applicable on the commencement date. "(2) Where the new retirement age of an officer is less than his former retirement age, the officer may elect to retain his former retirement age. "(3) An election made under sub-regulation (2) shall be in writing and shall be delivered to the Chief of the General Staff before the officer attains his new retirement age. "(4) Where an officer makes an election in accordance with sub-regulation (3), the age for his compulsory retirement is his former retirement age unless, before he attains that age, a greater age for compulsory retirement applies to him. "(5) Sub-regulation (2) does not apply to an officer who is designated under paragraph 23 (2) (e) or 24 (2) (a) or (b) for inclusion in the General Service Officer Division. "(6) Where on the commencement date an officer has attained an age equal to, or greater than, his new retirement age but less than his former retirement age, the age for his compulsory retirement is his former retirement age unless, before he attains his former retirement age, a greater age for compulsory retirement applies to him.". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 13 13. Regulation 302 of the Australian Military Regulations is repealed and the following regulation substituted: Effect of statement in order convening court martial "302. For the purpose of Rule 20 (A) of the Rules of Procedure, in its application to the Army, a statement in an order convening a court martial of the appointment held by the president or a member on the staff of Headquarters or of a formation is evidence that he is not an officer of a regiment or other similar unit.". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 14 Appointment of staff cadets 14. Regulation 536 of the Australian Military Regulations is amended- (a) by omitting "Staff cadets" and substituting "A staff cadet"; and (b) by omitting "the Australian Staff Corps or any other" and substituting "any". 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 15 Seniority 15. Regulation 537 of the Australian Military Regulations is repealed. 1983 No. 61 AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) - REG 16 Allotment for duty 16. Regulation 538 of the Australian Military Regulations is repealed. - NOTES 1983 No. 61*1* AUSTRALIAN MILITARY REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 24 May 1983. *2* Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 40 and see also Statutory Rules 1983 No. 40.