Australian Military Contingent Act (1885 No 1a) (NSW)

ANNO QUADRAGESIMO OCTAVO

V I C T O R I A E R E G I N A E .

No. XXVII I

An Act to provide for the government dis­ cipline payment and maintenance of the Australian Contingent engaged and des­ patched for service with Her Majesty's Regular Forces in Egypt and for the indemnification of all persons employed

or concerned in the engagement and

despatch of such Contingent and for the validation of all acts done and payments made in connection therewith in anticipa­ tion of the sanction of Parliament. [27th

WH E R E A S Imper ia l Legis la ture passed in the Session of the forty-fourth	and forty-fifth yea r of the reign o f H e r M o s t Gracious Majes ty ) i t
is enacted t ha t where any force of Volunteers or o f M i l i t i a or any
other force is raised in Ind ia or in a Colony any law of Ind ia or the Colony may ex tend to the officers non-commissioned officers and men belonging to such force whether within or without the l imits of Ind ia or the Colony—and where any such force is serving with part of H e r M a j e s t y ' s regular fo rces—then so far as the law of Ind ia or the Colony has not provided for the government and discipline of such force the said ci ted A c t and any other A c t for the t ime being amending the same shall subjec t to such except ions and modifications as m a y be specified in the general orders of the General Officer commanding H e r Majes ty ' s

March, 1885.]

by the " A r m y A c t 1 8 8 1 " (being the A c t of the

Majes ty ' s forces wi th which such force is serving apply to the officers non-commiss ioned officers and men o f such force in l ike manner as they apply to the officers non-commissioned officers and men respect ively ment ioned in the one hundred and seventy-fifth and one hundred and seventy-s ix th sections o f the said A c t as officers and soldiers sub jec t to mi l i ta ry law A n d whereas on the twelf th day of F e b r u a r y in th is present year an offer was made by the Government of this Colony to H e r Majes ty ' s Imper i a l Government to supply from and on b e h a l f of the

said Colony a Mi l i t a ry Cont ingent in aid of H e r Ma jes ty ' s forces t hen

engaged in service in E g y p t to consist of F i v e hundred I n f a n t r y and

Two Ba t t e r i e s o f Ar t i l l e ry fully equipped and to be despatched to E g y p t and mainta ined while employed in H e r Ma jes ty ' s Service at the sole cost of the said Colony A n d whereas the said offer was afterwards on

the four teenth day of F e b r u a r y in the said year accepted b y H e r

Ma je s ty ' s Government sub jec t to a cer ta in reduction in the Ar t i l l e ry

F o r c e And whereas on the th i rd day of M a r c h in the said year the said

Cont ingen t to the n u m b e r o f five hundred and seventy I n f a n t r y and two

hundred and one Ar t i l l e ry were toge the r wi th horses and al l necessary

equ ipments and stores despatched from t h e Colony in fulfilment of the offer so accepted A n d whereas i t is expedient tha t effective provision should be made for the government and discipline of the said Cont ingent whi le absent from the Colony and employed on H e r Majes ty ' s S e r v i c e — and i t has been considered desirable for such purpose tha t no doubts should ex i s t as to the appl icabi l i ty of the one hundred and seventy- seventh section of the said " A r m y A c t 1 8 8 1 " to the officers non­ commissioned officers and m e n of the said Cont ingent A n d whereas

i t is expedient tha t Pa r l i amen ta ry provision for the ma in tenance of

the said In fan t ry and Ar t i l l e ry F o r c e s during the te rm of their engage­ m e n t should be made as soon as prac t icab le af ter the i r departure from the Colony and t ha t al l persons employed or concerned in the engage­ m e n t or equipment o f such forces should be indemnified and held harmless in respect o f any th ing done by t hem in connexion wi th such engagement or equipment and fur ther tha t a l l P roc lamat ions R e g u l a ­ t ions Delega t ions W a r r a n t s and other In s t rumen t s made or issued or

purport ing to bo made or issued under the author i ty of the " Mi l i t a ry
and Nava l Fo rces Regu la t i on A c t " (being the A c t th i r ty-four V i c t o r i a number n ine teen) and al l engagements and oaths made or

purport ing to be made tendered or t aken under the said las t -ment ioned

A c t for the purpose in any of the aforesaid cases o f or in any way in connect ion wi th the raising of the said Cont ingent or i ts service out of the Colony and tha t a l l payments made and contracts entered into b y

or on beha l f o f the Government bu t without the sanct ion of P a r l i a m e n t

for the engagement v ic tual l ing t ransport or equipment o f such Cont ingent should be declared valid and effectual in law B e i t there­

fore enacted by the Queen ' s Mos t E x c e l l e n t M a j e s t y b y and wi th the

advice and consent of the Legis la t ive Counci l and Legis la t ive Assembly

of New South W a l e s in P a r l i a m e n t assembled and by the au thor i ty o f

t h e same:—-

1. This A c t m a y be ci ted as the " Aust ra l ian Mi l i t a ry Contin­

gent A c t " — a n d in i ts const ruct ion the te rm " Con t ingen t " means and

includes the officers non-commissioned officers and men of the I n f a n t r y

and Ar t i l l e ry F o r c e s raised and despatched b y t h e Government o f

N e w South Wales for service with H e r M a j e s t y ' s R e g u l a r F o r c e s in E g y p t pursuant to the offer and accep tance o f troops hereinbefore reci ted—as well as any officers non-commissioned officers and m e n who m a y hereaf ter b e engaged to main ta in the F o r c e s so serving up to the original s t rength of each a r m the reof or to such increased or reduced s t rength as P a r l i a m e n t m a y at any t ime determine and appoint .

2. T h e Cont ingen t is hereby declared to be a F o r c e lawfully

engaged for the purposes and wi th in the meaning of the "Mi l i t a ry and Nava l Fo rces R e g u l a t i o n A c t " notwiths tanding tha t the intended place of service of such Cont ingent was and m a y be outside the Colony or t ha t the intended service was or m a y be a service with H e r M a j e s t y ' s R e g u l a r F o r c e s in E g y p t A n d the said Cont ingent is fur ther declared to b e a F o r c e raised in a Colony for the purposes and within t h e meaning of the one hundred and seventy-seventh sect ion of the A c t of: the Imper ia l Legis la ture forty-fourth and forty-fifth V ic to r i a chapter fifty-eight B u t no th ing in th is sect ion contained shall prejudice or affect the power of the Governor to m a k e rules and regulat ions under or to exerc ise any o ther power conferred by the said " Mi l i t a ry and Naval F o r c e s R e g u l a t i o n A c t " — o r shall prejudice or affect the rates or scale of pay and al lowances appointed or to be appointed for the Con­ t ingen t—or the period te rms or condit ions o f service for or under which the officers non-commissioned officers and m e n of such Cont ingent have been or m a y hereafter be engaged.

3 . T h e sum of one hundred and fifty thousand pounds is hereby appropriated from the Consolidated R e v e n u e of the Colony for the transport payment ma in tenance and equipment of the Cont ingent for the year one thousand e ight hundred and eighty-five T h e Governor wi th the advice of the E x e c u t i v e Counci l may m a k e regula­ tions for g iv ing effect to the provisions of this sect ion which regula­ tions shall be laid before Pa r l i amen t i f in session wi th in fourteen days

after publ ica t ion thereof in t h e Gazette and i f not in session then

wi th in fourteen days from the commencemen t o f the t hen	n e x t
session.

4i. A l l persons who have been employed or concerned in

engaging any of the officers non-commissioned officers and men despatched on the third day of M a r c h in this present year for service wi th H e r Majes ty ' s R e g u l a r F o r c e s in E g y p t or who have authorised or directed any other persons to employ or engage any such officers non-commissioned officers or men or who have made or authorised any payments from the Consolidated R e v e n u e F u n d to be made or who h a v e entered into any cont rac t for the purchase of stores vic tuals horses forage or equipments of any descript ion whatsoever for the use
of the con t ingen t or for the t ransport the reof or for any purpose in
connect ion therewith are hereby declared to be indemnified and held harmless in the event of any legal or o ther proceedings being ins t i tu ted

agains t such persons in respect of anyth ing done by t h e m in or abou t

any such payment employment or engagement author i ty direction or

cont rac t as aforesaid A n d every such payment and cont rac t is he reby

decared to be valid and effctual in law and for a l l o ther purposes

whatsoever.

5. A l l proclamat ions regulat ions delegations warrants orders
appointments and other ins t ruments and ac ts made done or issued or

purpor t ing so to be under the author i ty of the " Mi l i ta ry and Nava l

F o r c e s Regu la t i on A c t " for the purpose of rais ing equipping vic tual ­

l ing or despatching the Cont ingent or of main ta in ing i ts government and discipline are hereby declared to be and to have been within the respect ive powers conferred by the said Ac t .