Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN MILITARY REGULATIONS (AMENDMENT) 1993 NO. 190

STATUTORY RULES 1993 No. 190

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

Defence Act 1901

Australian Military Regulations (Amendment)

The Australian Military Regulations ("the Regulations"), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Army.

The formal step by which persons other than officers enter the Army is the taking of an oath or affirmation of enlistment. Regulation 135 of the Regulations sets out the procedures for taking the oath or affirmation in the Army. This must be in accordance with the prescribed forms of oath or affirmation that are set out in the Schedule to the Regulations.

These provisions limited the persons before whom an oath or affirmation could be taken to officers of the Army, Justices of the Peace, Commissioners for Affidavits and Commissioners for Declarations.

In order to allow more effective utilisation of available resources, it was proposed that the military personnel before whom an oath or affirmation could be taken be extended to include any officer or senior warrant officer of the Defence Force.

The Statutory Rule amends regulation 135 and the Schedule of the Regulations. The amendments enable a person enlisting in the Army to take an oath or affirmation before any officer of the Defence Force, or a Warrant Officer Class 1 of the Army, or a Warrant Officer of the Navy or Air Force. The Statutory Rule. also retains the facility to use Justices of the Peace, Commissioners for Affidavits and Commissioners for Declarations for this purpose.

The Statutory Rule comes into operation on the date of gazettal.