Australian Military (Places of Detention) Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 36

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this thirtieth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Australian Military (Places of Detention) Regulations

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

Delegation.

2. The Australian Military (Places of Detention) Regulations are amended by inserting after regulation 2 the following regulation:—

“ 2a. (1) The Chief of the General Staff may delegate to an officer who holds a rank in the Australian Army not below the rank of Colonel any of his powers or functions under regulations 8 and 29.

“ (2) A delegation under sub-regulation (1) is revocable at will and no delegation shall prevent the exercise of any power or function by the Chief of the General Staff.”.

Continuation of orders, approvals, &c.

3. An order, approval, declaration, direction or instruction made, issued or given by the Military Board under regulation 3, sub-regulation 7 (2), 8 (2) or 24 (5) or regulation 38 of the Australian Military (Places of Detention) Regulations before the commencement of this regulation, and in force immediately before the commencement of this regulation, has effect after the commencement of this regulation as if it had been made, issued or given by the Chief of the General Staff under that regulation or sub-regulation of the Australian Military (Places of Detention) Regulations as amended by these Regulations.

* Notified in the Australian Government Gazette on 3 February 1976.

 Statutory Rules 1940, No. 58, as amended by Statutory Rules 1941, No. 165; 1943, Nos. 218 and 250: 1944 No. 171: 1948, No. 41; 1949, No. 93; and 1973, No. 215.

4.The Australian Military (Places of Detention) Regulations are amended as set out in the following table:—

Amendments of the Australian Military (Places of Detention) Regulations.

Provision	Amendment
Sub-regulation 2 (1) .......	Omit from the definition of “ commanding officer ” the words “ of these Regulations ”.
Omit from paragraph (b) of the definition of “ proper authority ” the words “ Formation, &c., commander ”, substitute the words “ formation commander ”.
Omit from the definition of “ soldier temporarily committed for safe keeping ” the words “ of these Regulations ”.
Regulation 3 ..................	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Regulation 3a ...............	Omit from paragraph (a) “ Naval Forces of the Commonwealth ”, substitute “ Australian Navy ”.
Sub-regulation 4a (2) .....	Omit “ of this Regulation ”.
Sub-regulation 7 (1) .......	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 7 (2) .......	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 8 (2) .......	Omit “ Military Board ”, substitute “ Chief of the General Staff ”.
Sub-regulation 13 (2) .....	Omit “ of this regulation ”.
Regulation 14 ................	Omit “ six ”, substitute “ 6 ”.
Omit “ nine ”, substitute “ 9 ”.
Sub-regulation 19 (1) .....	Omit “ twenty-eight ”, substitute “ 28 ”.
Omit from paragraph (b) (first occurring) “ Military Forces ”, substitute “ Army ”.
Omit from paragraph (a) (last occurring) “ (a) ”, substitute” (d) ”.
Omit from paragraph (a) (last occurring) “ twenty-eight ”, substitute “ 28 ”.
Omit from paragraph (b) (last occurring), “ (b) ”, substitute “ (e) ”.
Omit from paragraph (b) (last occurring), “ twenty-eight ”, substitute “ 28 ”.
Omit from paragraph (c) “ (c) ”, substitute “ (f) ”.
Omit from paragraph (c) “ two ”, substitute “ 2 ”.
Omit from paragraph (c) “ twenty-eight ”, substitute “ 28 ”.
Sub-regulation 20 (2) .....	Omit from paragraph (a) “ of these Regulations ”.
Omit from paragraph (a) “ of this regulation ”.
Omit from paragraph (a) “ Naval Forces ” (first occurring), substitute “ Navy ”.
Omit from paragraph (a) “ by the Naval Board ”,
Omit from paragraph (a) “ of section 78 ”.
Omit from paragraph (a) “ Naval Forces of the Commonwealth ”, substitute “ Australian Navy ”.
Sub-regulation 22 (2) .....	Omit “ of this regulation ”.
Sub-regulation 22 (3) .....	Omit from paragraphs (a), (b) and (c) “ three ” (wherever occurring), substitute “ 3 ”.
Omit from paragraph (d) “ seven ”, substitute “ 7 ”.
Sub-regulation 24 (1) .....	Omit “ the last preceding regulation ”, substitute “ regulation 23 ”.
Sub-regulation 24 (2) .....	Omit “ the next succeeding sub-regulation ”, substitute “ sub-regulation (3 )”.
Omit “ three ”, substitute “ 3 ”.

   

Provision

Amendment

Sub-regulation 24 (3) .....

Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.

Omit “ two ”, substitute “ 2 ”.

Sub-regulation 24 (5) .....

Omit “ Military Board ”, substitute “ Chief of the General Staff ”.

Regulation 25 ................

Omit from paragraph (a) “ fourteen ”, substitute “ 14 ”.

Omit from paragraph (b) “ fifteen ”, substitute “ 15 ”.

Sub-regulation 28 (1) .....

Omit “ three ”, substitute “ 3 ”.

Sub-regulation 28 (2) .....

Omit “ three ” (wherever occurring), substitute “ 3

 ”

Omit “ of this regulation ”.

Omit “ two ”, substitute “ 2 ”.

Sub-regulation 28 (3) .....

Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”,

Sub-regulation 28 (5) .....

Omit “ three ” (wherever occurring), substitute “ 3 ”.

Sub-regulation 29 (3) .....

Omit “ seven ”, substitute “ 7 ”.

Omit “ three ”, substitute “ 3 ”.

Sub-regulation 30 (2) .....

Omit “ twenty-four ”, substitute “ 24 ”.

Sub-regulation 30 (6) .....

Omit “ twenty-four ”, substitute “ 24 ”.

Sub-regulation 30 (9) .....

Omit “ Military Board ”, substitute “ Chief of the General Staff ”.

Sub-regulation 32 (2) .....

Omit “ twenty-four ”, substitute “ 24 ”.

Sub-regulation 32 (4) .....

Omit “ twenty-four ”, substitute “ 24 ”.

Sub-regulation 34 (1) .....

Omit “ twelve pounds ”, substitute “ 5 kilograms ”.

Regulation 35 ................

Omit “pay”, substitute “salary”.

Regulation 37 ................

Omit “ of these Regulations ” (first occurring).

Regulation 38 ................

Omit “ Military Board ”, substitute “ Chief or the General Staff ”.

Regulation 39 ................

Omit “ Military Board ”, substitute “ Chief of the General Staff ”.