Australian Military Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1919. No. 231.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1318.

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 tenth day of September, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

GEO. H. WISE,

for Minister of State for Defence.

 

Amendment of Australian Military Regulations 1916.

1. Regulation 8 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(7) Where any warrant or order is authorized to be issued or made by the Military Board, the warrant may be issued, and the order may be signified by an order, instruction or letter under the hand of any officer authorized by the Military Board in that behalf, and a warrant, order, instruction or letter purporting to be signed by an officer appearing therein to be authorized by, or acting on behalf of the Military Board, shall be primâ facie evidence of his being so authorized.”

2. After regulation. 664a of the Australian Military Regulations, the following regulation is inserted:—

Warrant, order or direction not to be void for want of form.

“664b.(1)A warrant, order or direction relating to a military convict or military prisoner or soldier undergoing detention shall not be held to be void by reason only of the death or removal from office of the officer signing or ordering the issue of the warrant, order, or direction, or by reason of any defect in the warrant, order or direction, if it is alleged in the warrant, order or direction that the military convict, military prisoner or soldier undergoing detention has been convicted and there is a good and valid conviction to sustain the warrant, order or direction.

“(2) The original proceedings of a court martial purporting to be signed by the President, and being in the custody of the Attorney-General, or His Majesty’s Judge Advocate-General or the officer having the lawful custody thereof, shall be admissible in evidence on their mere production from that custody, and any copy purporting to be certified by or on behalf of the Attorney-General or by the Judge Advocate-General or his deputy authorized in that behalf, or by the officer having the lawful custody of the original proceedings, to be a true copy of the proceedings or of any part thereof shall be admissible in evidence without proof of the signature of the person purporting to sign the same or of his having the custody of the original proceedings.

“(3) Where any military convict or military prisoner or soldier undergoing detention is for the time being in military or civil custody, in any place or manner in which he may legally be kept in pursuance of the Act or these Regulations, the custody of the military convict or military prisoner or soldier undergoing detention, shall not be deemed to be illegal by reason only of any informality or error in or as respects the warrant, order or other document, or the authority by or in pusuance of which the military convict or military prisoner or soldier undergoing detention was brought into or is detained in custody, and any such warrant, order or document may be amended so as to remove the informality or error.

“(4) Where a military convict or a military prisoner or a soldier undergoing detention, or a person subject to military law within the meaning of these Regulations or subject to the Army Act and charged with an offence is in military custody, and for the purpose of conveyance by sea is delivered on board a ship into the custody of the person in command of the ship or to any other person on board the ship acting under the authority of the person in command of the ship, the order of the military authority which authorizes the military convict, military prisoner, soldier undergoing detention, or other person, to be conveyed by sea, shall be sufficient authority to the person for the time being in command of the ship and to any other person on board the ship acting under the authority of the person for the time being in command of the ship, to keep the military convict, military prisoner, soldier undergoing detention, or other person in custody and to convey him in accordance with the order, and the military convict, military prisoner, soldier undergoing detention, or other person, while so kept in custody shall be deemed to be kept in military custody.

“(5) In this regulation, the expressions ‘military convict,’ ‘military prisoner,’ and ‘soldier undergoing detention’ have the same meanings as in regulations 663, 664 and 664a”

3. Appendix A to the Australian Military Regulations is amended—

(a) by omitting the heading to Form A and inserting in its stead the following heading:—

“Warrant for Commitment to Prison of a Military Convict who is sentenced within or outside the limits of the Commonwealth to Penal Servitude and in respect of whom a Warrant for Commitment in accordance with Form is not issued.”

(b) by omitting the heading to Form C and inserting in its stead the following heading:—

“Warrant for Commitment to Prison or Place of Detention of Persons who are sentenced by Court Martial either in or out of the Commonwealth to Imprisonment under the Defence Act 1903-1318 and in respect of whom a Warrant in accordance with Form D is not issued.”; and

(c) by omitting the heading to Form E and inserting in its stead the following heading:—

“Warrant for Commitment to a Place of Detention of Persons who are sentenced by Court Martial to Detention and in respect of whom a Warrant in accordance with Form F is not issued.”.

        

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