Australian Military Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1919. No. 15.

 

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 seventeenth day of January, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

Amendment of the Australian Military Regulations 1916.

The Australian Military Regulations 1916 are amended as follows:—

(1) Sub-regulation (2) of Regulation 490 is repealed and the following sub-regulation made in lieu thereof:—

“The Military Forces while on war service or deemed to be on war service shall be subject to section 41 of the Army Act with the following adaptation, that is to say, if a member is convicted of murder he shall be liable to suffer penal servitude or such less punishment as is in the Army Act mentioned.”

(2) Regulation 563 is amended as follows:—

(a) The words “without the authority of the Minister be entitled to” are deleted and the words “unless otherwise prescribed” substituted in lieu thereof.

(b) The last paragraph is deleted and the following substituted in lieu thereof:—

“When a sentence is passed by court martial and confirmed the person sentenced remains under a charge within the meaning of section 119 of the Act until the day on which the original sentence and proceedings were signed by the President of the court martial.”

(c) The following paragraph is added:—

“A person released from arrest under Regulation 539 thereupon ceases to be under a charge within the meaning of section 119 of the Act of having committed the alleged offence in respect of which he is so released and if any further proceeding is taken with reference to that alleged offence the provisions of section 119 of the Act and of this Regulation will not operate to cause a forfeiture in respect of any peried during which he has been so released.”

 

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

C.836.—Price 3d.