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Unit Citations Regulations

13 July 2020
Schedule

Unit Citations Regulations

1 Regulation 2 (Interpretation)

1. Before the definition of "citation", insert:

"Australian law" means:

     (a) an Act of the Commonwealth or of a State or Territory; or

     (b) a Norfolk Island enactment; or

     (c) a rule of common law.

2. After the definition of "Defence Force", insert:

"extraordinary gallantry" means exceptional courage or courageous endurance above expectations while in action;

"in action" means the physical involvement of members of a unit of the Defence Force as a part of a force engaged in conflict with an opposing force;

3. Omit the definition of "Minister", substitute:

"Minister" means the Minister responsible for the administration of Defence honours and awards;

"sustained outstanding service" means service or support performed by a unit which is substantially above the unit's normal capacity and which is for an extended period;

4. Omit the definition of "unit", substitute:

"unit" means either of the following:

     (a) a force element of the Defence Force assigned for operational tasking;

     (b) an allied foreign defence force unit in direct contribution to a Defence Force operation.

2 Regulation 3 (Conditions for award of citations)

1. After "gallantry in action" in subregulation (1), insert "on or after 15 January 1991".

2. After "warlike operations" in subregulation (2), insert "on or after 15 January 1991".

3 Regulation 11 (Cancellation and reinstatement)

Omit the regulation, substitute:

Cancellation and reinstatement

(1) The Governor-General, on recommendation of the Minister of the Chief of the Defence Force, may cancel the following.

     (a) The Unit Citation.

     (b) The right of a person to wear the insignia of a citation.

(2) Where the Unit Citation is cancelled, the name of the unit and the name of each person to whom the insignia has been issued shall be erased from the Register and both of the following apply.

     (a) The Unit shall return the nit Citation to the Registrar.

     (b) Each person shall return the insignia of a citation to the Registrar.

(3) Where the right of a person to wear the insignia of a citation is cancelled, the name of the person shall be erased from the Register and the person shall return the insignia to the Registrar.

(4) The Governor-General, on recommendation of the Minister or the Chief of the Defence Force, may reinstate a right so cancelled under subregulation (1).

(5) Where a right that has been cancelled under subregulation (1) is reinstated under subregulation (4), the Registrar shall restore the entry or entries in the Register that had been erased and the Registrar will do the relevant of the following.

     (a) The Registrar shall return Unit Citation to the Unit.

     (b) The Registrar shall return the insignia of a citation to the person.

4 Regulation 11 (Cancellation and reinstatement)

After the regulation, insert:

Forfeiture and reinstatement

12. (1) The right of a person to wear the insignia of a citation is forfeited if the person is convicted under Australian law for any of the following.

     (a) Treason and related offences.

     (b) Mutiny and related offences.

     (c) Sabotage of Australian and allied assets.

     (d) Aiding the enemy, including assisting prisoners of war, and related offences.

     (e) Serious terrorism related offences.

     (f) Any other offence determined by the Governor-General.

(2) The insignia of a citation is forfeited if the Governor-General, on the recommendation of the Minister or the Chief of Defence Force, determines that either of the following applies.

     (a) The person is convicted of an offence which is considered to be so disgraceful or serious that it would be improper for the person to retain the award.

     (b) The person obtained the award by making a false declaration.

(3) The Governor-General may issue directions for the purpose of subregulation (2).

(4) The Governor-General, on the recommendation of the Minister of the Chief of Defence Force, may reinstate the right of a person to wear the insignia of a citation which has been forfeited under subregulation (2).

(5) Where the right of a person to wear the insignia of a citation is forfeited, both of the following apply.

     (a) The name of the person to whom the award was made shall be erased from the Register.

     (b) The person must return the insignia to the Registrar.

(6) Where the right of a person to wear the insignia of a citation that has been forfeited is reinstated under subregulation (4), the Registrar must do both of the following.

     (a) Restore the entry or entries that had been erased in the Register.

     (b) Return the insignia to the person.

 

 


15 January 1991
Short Title

1   These Regulations may be cited as the Unit Citations Regulations.

Interpretation

2   In these Regulations -

"citation" means:

     (a) the Unit Citation for Gallantry; or

     (b) the Meritorious Unit Citation;

"Defence Force" has the same meaning as in the Defence Act 1903;

"Minister" means the Minister of State for Defence;

"unit" means a unit or sub-unit of the Defence Force or of a defence force of another country.

Conditions for award of Citations

3   (1) The Unit Citation for Gallantry shall be awarded to a unit only for acts of extraordinary gallantry in action.

     (2) The Meritorious Unit Citation shall be awarded to a unit only for sustained outstanding service in warlike operations.

Form of Citations

4   Each citation shall consist of:

     (a) a certificate of citation to the unit signed by the Governor-General; and

     (b) insignia according to the prescribed design.

Wearing of insignia

5   (1) Each person who was a member of a unit to which a citation is awarded at the time of an action, or during the period to which that citation relates, is entitled to wear the insignia of the citation on all occasions on which the wearing of such insignia is customary.

     (2) A person, other than a person to whom sub-regulation (1) applies, who is at any time a member of a unit to which a citation has been awarded is entitled, while the person remains a member of the unit, to wear the insignia of the citation on all occasions on which the wearing of such insignia is customary.

     (3) The manner of wearing the insignia of a citation shall be as determined by the Governor-General.

Posthumous awards

6   Insignia of a citation may be awarded posthumously.

Application of regulations to persons other than members of the Defence Force

7   Where:

     (a) a citation is awarded to the unit; and

     (b) a person other than a member of the Defence Force was engaged in the performance of services with that unit at the time of the action, or during the period to which that citation relates;

these Regulations apply, on the determination of the Minister, to that person as if the person had been a member of the unit at that time or during the period, as the case may be.

Individual awards not affected

8   Award of a citation to a unit does not affect the making of awards to individual members of the unit in recognition of individual gallantry or service.

Making of awards

9   Awards of a citation shall be made by the Governor-General on the recommendation of the Minister.

Registrar of Awards

10 (1) There shall be a Registrar of Awards appointed by the Governor-General who shall maintain a Register of the names of the units to which citations have been awarded and of the persons to whom insignia of those citations have been issued in accordance with sub-regulation 5 (1).

     (2) The Registrar shall keep such other records relating to the award of citations as the Governor-General directs.

Cancellation and Reinstatement

11 (1) The Governor-General may cancel the right of a person to wear the insignia of a citation and may reinstate a right so cancelled.

     (2) Where the right of a person to wear the insignia of a citation is cancelled, the name of the person shall be erased from the Register and the person shall return the insignia to the Registrar.

     (3) Where a right that has been cancelled pursuant to sub-regulation (1) is reinstated, the Registrar shall restore the entry or entries in the Register that had been erased.

Table of Instruments
Title Date of notification in Gazette Date of commencement Outline of changes
Letters Patent and Regulations Governing the award of the Unit Citations for Gallantry and the Meritorious Unit Citation (1991, No. S25) 4 February 1991 15 January 1991