Australian Military Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1919. No. 240.

REGULATIONS UNDER THE DEFENCE ACT 1903-1918.

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 1903-1918, to come into operation forthwith.

Dated this first day of October, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

Acting, Minister of State for Defence.

 

Amendment of the Australian Military Regulations 1916.

The Australian Military Regulations 1916 are amended as follows:—

(1) Next after regulation 647 the following regulation is inserted:—

“647a. When the proceedings of a Court Martial are confirmed but the sentence is wholly remitted, the remission shall not affect any penalty or forfeiture consequent on the conviction but not forming part of the sentence.”

(2) Regulation 651 is repealed and the following regulation made in lieu thereof:—

“651. When the confirming authority finds it necessary to comment upon the proceedings of a Court Martial which require confirmation, whether original or revised, his remarks will be separate from and form no part of the proceedings. They will be communicated in a separate minute to the members of the Court, or, in exceptional cases where in the interests of discipline a more public instruction is required, they will be made known in the orders of the command. In no case will he comment upon a finding of ‘not guilty’ or upon the inadequacy of a sentence, and great care is to be taken not to unduly interfere with the discretion with which the court is vested in the exercise of its judicial functions.”

(3) Regulation 653 is repealed and the following regulation made in lieu thereof.

“653. (1) If it appears to a confirming authority that a finding of a Court Martial on any charge is illegal or involves injustice to the accused and confirmation has not been completed, the confirming authority shall refuse confirmation of that finding and if necessary proceed as directed in regulation 647 (1).

(2) If a confirming authority is in doubt as to the propriety of confirming any finding of a Court Martial, and the circumstances admit of reference without undue delay, he should refer the case for the opinion of a superior authority.

(3) If after confirmation has been completed it appears that a finding on any charge is illegal or involves injustice to the accused, such finding shall be quashed and the record of the conviction on that charge shall be removed and the accused relieved from all consequences of his trial on that charge.

(4) When the findings on all charges on which a person has been convicted are quashed the sentence also shall be quashed.

(5) When a sentence has been awarded by a Court Martial in respect of offences in several charges and has been confirmed, and the finding on any but not all of those charges is quashed, the authority who quashes shall take the quashing into consideration and if it seems just mitigate remit or commute the punishment awarded as seems just having regard to the offences in the charges the findings on which are not quashed, and the punishment as so modified shall be as valid as if it had been originally awarded only in respect of those offences.

(6) The power of quashing tinder this regulation may be exercised in respect of proceedings of Courts Martial under section 86 of the Act by—

(a) The Governor-General, or

(b) The Military Board, or

(c) An officer in chief command of a body of Australian Military Forces outside Australia, or on War Service in Australia provided that the power shall not be exercised by an authority inferior to the authority by whom the proceedings were confirmed, without the consent of that/authority or of a superior authority.

(7) The power of quashing under this regulation may be exercised in respect of proceedings of Courts Martial under the Army Act by virtue of section 54a of the Defence Act, when the person convicted is in Australia, by the Governor-General provided that when proceedings have been confirmed directly by His Majesty the power shall not be exercised except by direction of His Majesty.

(8) When the circumstances admit of reference without undue delay, the proceedings of a Court Martial should not in any case of doubt or difficulty be quashed without reference to the Attorney-General or the Deputy Judge Advocate General.

 

(9) Nothing in this regulation shall affect any power, which otherwise exists of quashing proceedings of Courts Martial convened under the Army Act by virtue of section 54a of the Defence Act.”

(4) Next after regulation 653 the following regulation is inserted:—

“653a. Where statements made by an accused, in mitigation of punishment, reveal facts which might influence confirming officers in determining the proper sentence, or contain matter which might call for disciplinary action, investigation into the truth or otherwise of such statements should be made by the confirming officer, if practicable, prior to confirmation.

If such inquiry is likely to cause substantial delay in confirmation, confirming officers may confirm the proceedings forthwith, and make investigation with a view to subsequent reconsideration.”

(5) Regulation 788a is repealed and the following regulation made in lieu thereof:—

“788a. (1) It is provided by sub-section 138 of the Act that—

Persons who have served on war service may be exempted from the prescribed training for such period and under such conditions as are prescribed.

(2) Subject to this regulation, any person who has served on war service in connexion with the present war beyond the limits of the Commonwealth for any period or within the Commonwealth for a continuous period of four months or more shall be exempt from all training prescribed by Part XII. of the Act.

(3) This exemption shall not extend to any compulsory parades which may be held in any year for registration or other administrative purpose and every person to whom sub-regulation (2) applies shall notify every change of address as required by regulation 778 and failure to comply with this regulation will render the person liable to the penalty provided by section 85 of the Act.”

  

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