Australian Military Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1916. No. 178.

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REGULATIONS UNDER THE DEFENCE ACT 1903-15.

Regulation for the Military Forces and Senior Cadets of Australia.

(Statutory Rule 166 of 1916.)

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1915, to come into operation on and from the first day of October, 1916.

Dated this seventh day of August, One thousand nine hundred and sixteen.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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Regulations for the Military Forces and Senior Cadets of Australia.

(Statutory Rule No. 166 of 1916.)

Amendments.

Regulation 479—Regulation 479 is cancelled and the following substituted therefor:—

“479. No officer or soldier of the Permanent Forces, except on the recommendation of the Military Board, and with the express permission of the Governor-General, shall—

(a) Accept or continue to hold an office in or under the Government of any State, or in or under any public or municipal corporation; or

(b) Accept or continue to hold or discharge the duties of or be employed in a paid office in connexion with any banking, insurance, mining, mercantile, or other commercial business, whether the same be carried on by any corporation, company, firm, or individual; or.

(c) Engage in or undertake any such business whether as principal or agent; or

(d) Engage or continue in the private practice of any profession; or

   

C.10379.—Price 3d.

(e) Accept or engage in any paid employment other than in connexion with the duties of his office or offices under the Commonwealth; or

(f) Accept from any person whom it is the duty of such officer or soldier to instruct, any payment, gratuity, reward, present, or gift.

Provided that nothing herein contained shall be deemed to prevent an officer or soldier from becoming a member or shareholder only of any incorporated company or of any company or society of persons registered under any Act in any State or elsewhere.”

Regulation 490—Regulation 490 is cancelled, and the following substituted therefor;—

“490. Members of the Military Forces shall, at all times, while on active service, be subject to the Army Act, save so for as it is contrary to or inconsistent with the provisions of the Defence Act, and shall be liable to be arrested, tried, and punished in the manner laid down in the Army Act, and the rules of procedure and Regulations made thereunder. Provided that notwithstanding the provisions of section 127 of the Army Act, Courts-Martial in the Military Forces shall be subject to the provisions of the Commonwealth Evidence Act 1905.”

Regulation 490a—After Regulation 490 insert the following, new Regulation:—

“490a. For offences against the Army Act committed on active service, within the meaning of the Defence Act, a Commanding Officer may award or order any punishment authorized by section 46 of the Army Act or may, within the limits of the Commonwealth, in lieu of any such punishment order the offender to pay a fine not exceeding five pounds, provided, however, that for the offence of drunkenness a fine shall not exceed One pound, and further, that Commanding Officers shall observe the directions (except these relating to the amount and scale of fines for drunkenness) given by the King’s Regulations for the time being to Commanding Officers exercising the powers conferred by section 46 of the Army Act, and that nothing in this Regulation shall be taken to enlarge the powers of aDistrict Commandant, conferred by these Regulations, of dealing summarily with a warrant officer, non-commissioned officer, or man.”

Regulation 735a—After Regulation 735 insert the following new Regulation:—

“735a. A declaration of a Court of Inquiry under section 72 of the Army Act or under Regulation 733 of these Regulations, or a copy of such declaration purporting to be certified to be a true copy by the officer having the custody of the original, shall, on the trial of asoldier, be admissible as evidence of the facts stated in such declaration.”

Regulation 896—Regulation 896 is cancelled.

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Printed and Published for the government of the commonwealth of Australia by Albert J Mullett, Government Printer for the State of Victoria.