Schedule 1 Amendments

(regulation 3)

[1] Part I, heading

substitute

Part 1 General

[2] Subregulation 3 (1)

omit

(1) In these regulations, and in the forms authorized by these regulations,

insert

In these Regulations, and in the forms authorised by these Regulations,

[3] Subregulation 3 (1), definition of Active Army Reserve

omit

[4] Subregulation 3 (1), definition of force

omit

[5] Subregulation 3 (1), definitions of His Majesty’s Forces, His Majesty’s Service and Inactive Army Reserve

omit

[6] Subregulation 3 (1), definition of salary

omit

[7] Subregulation 3 (1), definitions of superior officer and temporary rank

omit

[8] Regulation 12

omit

Assistant Chief of the General Staff — Personnel

insert

Director General Personnel — Army

[9] Part III, heading

substitute

Part 3 Command, precedence and Divisions

[10] Part III, Division 1, heading

omit

[11] Regulations 64 to 193

substitute

68 Precedence of Corps

(1) The Corps in the Army are the Corps in the following list, set out in order of precedence:

(a) the Corps of Staff Cadets;

(b) the Royal Australian Armoured Corps;

(d) the Royal Australian Engineers;

(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 Chaplains Department;

(j) the Royal Australian Corps of Transport;

(k) the Royal Australian Army Medical Corps;

(l) the Royal Australian Army Dental Corps;

(m) the Royal Australian Army Ordnance Corps;

(n) the Royal Australian Electrical and Mechanical Engineers;

(o) the Royal Australian Army Educational Corps;

(p) the Australian Army Public Relations Service;

(q) the Australian Army Catering Corps;

(r) the Royal Australian Army Pay Corps;

(s) the Australian Army Legal Corps;

(t) the Royal Australian Corps of Military Police;

(u) the Australian Army Psychology Corps;

(v) the Australian Army Band Corps;

(w) the Royal Australian Army Nursing Corps;

(x) the Women’s Royal Australian Army Corps.

(2) Units of the Army take precedence as follows:

(a) the units of the Permanent Forces have precedence over the units of the Reserves;

(b) the units have precedence according to the order of their numerical succession;

(c) if units are not included in a numerical succession, the units have precedence according to the order in which the Commands to which they belong are specified in the instrument appointing Commands.

70 Consular service

Officers of the Consular Service rank with officers of the Army as follows:

(a) a Consul-General ranks with, but after, a Major-General;

(b) a Consul ranks with, but after, a Colonel;

(d) a Consular Agent ranks with, but after, a Captain.

72 Establishment of Divisions

The following Divisions are established in the Australian Army:

(a) the General Service Officer Division;

(b) the Prescribed Service Officer Division;

[12] Part IIIA

omit

[13] Part IV, heading

substitute

Part 4 Deductions from salary

[14] Part IV, Division 3, heading

omit

[15] Part IV, Division 12, heading

omit

[16] Part VI, heading

substitute

Part 6 Medical examination and treatment

[17] Part VI, Division 2, heading

omit

[18] Regulation 433

substitute

433 Liability to be examined

(1) A member may be required at any time, by the member’s commanding officer or any other superior officer, to be medically examined.

(2) If the member is required to be medically examined, the member must:

(a) attend at the time and place directed by the officer who requires the examination; and

(b) submit to being examined; and

(c) give all information, and do anything, that the person who conducts the examination requires for the purpose of the examination.

[19] Part VI, Division 8

omit

[20] Part VII, heading

substitute

Part 7 Particulars of service in the Australian Army Legal Corps

[21] Part VII, Division 6A, heading

omit

[22] Regulation 580, heading

substitute

580 Appointment and transfer to Standby Reserve of A.A.L.C.

[23] Subregulation 580 (1)

after

in these Regulations

insert

or the Defence (Personnel) Regulations 2002

[24] Subregulation 580 (1)

omit

the Inactive Army Reserve.

insert

the Standby Reserve.

[25] Subregulation 580 (2)

omit

the Inactive Army Reserve.

insert

the Standby Reserve.

[26] Subregulation 580 (3)

after

in these Regulations

insert

or the Defence (Personnel) Regulations 2002

[27] Subregulation 580 (3)

omit

the Inactive Army Reserve

insert

the Standby Reserve

[28] Part VII, Division 8

omit

[29] Part X, heading

substitute

Part 10 Personal records

[30] Part X, Division 4, heading

omit

[31] Subregulation 770 (1), definition of authorizing officer, paragraph (d)

omit

the Chief of Personnel.

insert

the Director General Personnel — Army.

[32] Part XI, heading

substitute

Part 11 Messes

[33] Part XI, Division 2, heading

omit

[34] Part XIII, heading

substitute

Part 13 Miscellaneous

[35] Part XIII, Division 1, heading

omit

[36] Regulation 801

omit

[37] Regulations 803 and 804

substitute

803 Personation, false representation and assumption of title

(1) A person is guilty of an offence if:

(a) the person:

(i) impersonates a member of the Australian Army; or

(ii) falsely represents himself or herself to be a member of the Australian Army or a former member of the Australian Army; and

(b) the person does so with intent to deceive.

Penalty: 10 penalty units.

(2) To avoid doubt, for subregulation (1):

(a) impersonation does not include conduct engaged in solely for satirical or other artistic purposes; and

(b) false representation does not include conduct engaged in solely for satirical or other artistic purposes.

(3) A person commits an offence if the person assumes the title of a rank in the Australian Army that the person does not hold.

Penalty: 10 penalty units.

(4) Subregulation (3) does not apply if the person has a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[38] Schedule

omit