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

STATUTORY RULES.

1949. No. 93.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1948.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1948.

Dated this twenty-third day of November, 1949.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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

Definitions.

1. Regulation 2 of the Australian Military (Places of Detention) Regulations is amended by inserting in sub-regulation (1.), after the definition of “ Commanding Officer ”, the following definition :—

“ ‘ detention barrack’ includes a military corrective establishment ; ”.

Discipline.

2. Regulation 7 of the Australian Military (Places of Detention) Regulations is amended by omitting from sub-regulation (1.) the word “ Soldiers ” and inserting in its stead the words “ Subject to such orders and instructions as are issued under the authority of the Military Board with respect to soldiers undergoing sentences in military corrective establishments, soldiers ”.

3. After regulation 36 of the Australian Military (Places of Detention) Regulations the following heading and regulations are added :—

Military Corrective Establishments.

Effect of regulations 38-40.

“ 37. Regulations 38, 39, 40 and 41 of these Regulations shall, in respect of soldiers undergoing sentences in military corrective establishments, take effect notwithstanding anything inconsistent therewith contained in the preceding provisions of these Regulations.

System of progressive stages.

“ 38. The Military Board may issue orders and instructions providing for the establishment and operation of a system of progressive stages in a military corrective establishment, with specific privileges attached to each stage.

 

* Notified in the Commonwealth Gazette on , 1949.

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

3056.—Price 3d. 10/27.8.1949.

 

Parole.

“ 39. Soldiers undergoing sentence in a military corrective establishment may be allowed out of such an establishment upon parole for such periods and upon such conditions as are approved by the Military Board.

Offences in relation to parole.

“ 40.—(1.) A soldier undergoing sentence in a military corrective establishment shall be guilty of an offence against these Regulations if he—

(a) fails to observe any of the conditions under which he is granted parole; or

(b) returns from parole in a state of insobriety.

“ (2.) A soldier undergoing detention in a military corrective establishment who, having been allowed out on parole, does not return thereto on the expiration of the period of parole shall, if the Commandant in his discretion so decides, be deemed to be guilty of an offence against these Regulations in lieu of the offence of escaping from lawful custody.

Special punishments.

“ 41.—(1.) In addition to, or in substitution for, any other punishment which may be imposed in accordance with these Regulations upon a soldier undergoing punishment in a military corrective establishment for an offence against these Regulations, the Commandant, or the C.O. dealing summarily with the case, or the Board of Visitors dealing therewith, may order the relegation of the offender from a higher to any lower stage of the progressive stages, or to a recidivist wing.

“ (2.) For the purposes of this regulation, a ‘ recidivist wing ’ means a detention barrack, not being a military corrective establishment.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.