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

STATUTORY RULES.

1941. No. 165.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*

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 1903-1941.

Dated this sixteenth day of July, 1941.

Governor-General.

By His Excellency’s Command,

for Minister of State for the Army.

 

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

1. After regulation 3 of the Australian Military (Places of Detention) Regulations the following regulation is inserted:—

“Reception of Naval and Air Force prisoners.

3a. Any person who is—

(a) under the Naval Discipline Act in its application to the Naval Forces of the Commonwealth; or

(b) under the Air Force Regulations;

committed to a military prison or detention barrack, being a place appointed by the Governor-General as a place in which members of the Defence Force sentenced to imprisonment or detention for a naval, military or air-force offence may be imprisoned or undergo detention, there to undergo the whole or portion of his sentence, shall be received into custody by the Commandant thereof, if accommodation is available, and these Regulations shall, subject to the Naval Defence Act 1910-1934 or the Air Force Act 1923-1941 and any regulations made under either of those Acts, as the case may be, apply to and in relation to any such person as if that person were a soldier under sentence.”.

Release of person under sentence.

2. Regulation 20 of the Australian Military (Places of Detention) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) For the purposes of the application of this regulation to and in relation to any person received into custody in pursuance of regulation 3a of these Regulations, the reference in sub-regulation (1.) of

 

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1940, No. 58.

3799.—18/20.6.1941.—Price 3d.

 

this regulation to a written order of the competent military authority made in pursuance of regulation 352 of the Australian Military Regulations shall be read as a reference to—

(a) in the case of a member of the Naval Forces, an order in writing made or issued by the Naval Board in pursuance of section 78 of the Naval Discipline Act in its application to the Naval Forces of the Commonwealth; or

(b) in the case of a member of the Air Force, an order of a competent air-force authority made or issued under Division 13 of Part VI. of the Air Force Regulations.”.

 

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