Australian Military Regulations 1916 (Amendment) (Cth)
STATUTORY RULES.
________
REGULATIONS UNDER THE DEFENCE ACT 1903-17.
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
Dated this tenth day of January, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
________
Australian Military Regulations 1916.
(Statutory Rules 1916, Nos. 166, 178, 225, 246, 258, 295, 319, 320; and 1917, Nos. 26, 29, 48, 62, 64, 67, 69, 84, 131, 144, 151, 157, 166, 167, 181, 187, 204, 205, 206, 220, 226, 237, 238, 249, 279.)
“Division 6a.—Discharge, General.”
The definition of “The Act” is repealed and the following substituted therefor:—“The Act” means the
Defence Act 1903-1917, and includes all amendments thereof.The definition of “Permanent Forces” is repealed and the following substituted therefor:—“Permanent Forces” means soldiers who are bound to render continuous military service during the continuance of their engagements.
The following words are inserted at the end of the Regulation:—“Other expressions have the same meaning as if these Regulations formed part of the Act.”
(2) These Regulations shall not, except where expressly so indicated, be construed as restricting the application of the Army Act or any rules or regulations made thereunder to the Military Forces when they are subject to that Act.
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(3) The rank of Brigadier-General shall be honorary, local or temporary only.
200a. The Military Board and on active service any officer in chief command of a body of Australian Military Forces in the field and any general officer he may appoint may reduce any non-commissioned officer to any lower grade or to the ranks.
In paragraph ix. of Sub-Regulation (1) the words “Being incorrigible and worthless (or misconduct)” are cancelled and the word “misconduct” is substituted therefor.
In Sub-Regulation (2) the word “Military” is cancelled and the word “Militia” substituted therefor.
In Sub-Regulation (2) the words “excepting number ix.” are deleted.
After the number “458” insert “(1)”.
After the word “officer” where it first occurs insert the following words:—“not on active service”.
Insert the following new Sub-Regulation:—
(2) In the case of an officer on active service section 42 of the Army Act shall apply with the following modifications:—The reference to the Army Council shall be read as a reference to any officer in chief command of Australian Military Forces beyond the limits of the Commonwealth, the General Officer Commanding the Military Forces in Australia or the Military Board as the circumstances of the case may render appropriate, and the reference to a Secretary of State as a reference to the Minister, and the references to His Majesty as references to the Governor-General.
After the number “459” insert “(1)”.
After the word “soldier” where it first occurs add the following words:—“not on active service”.
Insert the following new Sub-Regulation:—
(2) In the case of a soldier on active service section 43 of the Army Act shall apply with the following modifications:—The references to “the prescribed general officer”, “such officer as the Commander-in-chief of the forces in India with the approval of the Governor-General of India in Council may appoint” shall be read as references to any officer in chief command of Australian Military Forces beyond the limits of the Commonwealth or the General Officer Commanding the Military Forces in Australia or the Military Board as the circumstances of the case may render appropriate.
465. A non-commissioned officer above the rank of corporal should not be tried by any court martial inferior to a district court martial, except when a district court martial cannot, having due regard to the Public Service, be assembled. Of these circumstances the sole judge will be the authority having power to convene a district court martial to try the case. Non-compliance with this Regulation will not affect the jurisdiction of a regimental court martial.
After the word “Regulations” insert the following words:—“and the Army Act”.
In Sub-Regulation (2) delete the words “or criminal”.
“Offences on War Service and when otherwise subject to the Army Act.”
Regulation 490 is repealed and the following substituted therefor:—
490. (1) Members of the Military Forces are at all times while on war service subject to the Army Act as prescribed by sections 54a and 55 of the Defence Act and are liable to be arrested, tried and punished in the manner laid down in the Army Act, the Rules made thereunder including the Rules of Procedure and those provisions of the King’s Regulations for the time being which are made in pursuance of or are recognised by the Army Act, or relate to matters in section 88 of the Defence Act, and in these Regulations so far as they are not inapplicable to war service. 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.(2) The Military Forces while on war service shall be subject to section 7 of the Army Act with the following adaptation, that is to say, the Military Forces shall be deemed to be included in the expression “His Majesty’s regular, reserve, or auxiliary forces”.
(3) Officers of the Military Forces when attached to or doing duty with any portion of the Imperial Regular, Reserve or Auxiliary Forces in the United Kingdom and non-commissioned officers and men of the Military Forces when attached to or otherwise acting as part of or with any portion of the Imperial Regular, Reserve or Auxiliary Forces in the United Kingdom are subject to military law within the meaning of the Army Act by the operation of sections 175 (11) and 176 (8a) of that Act, and when so subject the disciplinary provisions of the Defence Act and these Regulations are excluded by section 177 of the Army Act.
For the words “active service” substitute the words “war service”.
After the word “directions” the following words are inserted:—“relating to punishments”.
492. Every member of the Citizen Forces who, having been required to serve pursuant to a proclamation made under Part III. of the Act or pursuant to Part IV. of the Act absents himself without leave for a longer period than seven days from his corps or from the place at which he should be present, may, in addition to any other penalty to which he may be liable, be arrested by any member of the Defence Force or by any police officer of the Commonwealth or a State on a warrant or order issued by his Commanding Officer, and may thereupon be handed over to his Commanding Officer with the intent that he shall perform the service required of him.
After the number “493” the number “(1)” is deleted.
In paragraph III. delete the word “regimental” and substitute therefor the word “other”.
Sub-Regulation (2) is repealed.
The heading “Offences not on Active Service” is cancelled and the following substituted therefor:—“Offences not on War Service”.
After the number “494” the number “(1)” is deleted.
For the words “Active Service” substitute the words “War Service.”
Sub-Regulations (2) and (3) are repealed.
The offences numbered (XXXIX.), (LI.) and (LIII.) are cancelled.
494a. (1) Every person who, having become a member of the Military Forces and whether on war service or not, is discovered to have committed either of the following offences, that is to say:—
(i) Having been discharged or dismissed with disgrace from any part of His Majesty’s Naval or Military Forces, has afterwards enlisted or obtained an appointment in any part of the Military Forces without declaring the circumstances of his discharge or dismissal, or
(ii) The offence of fraudulent enlistment, that is to say:—When belonging to any part of the Defence Force or to any part of any Force raised in Great Britain or in any British colony or possession for permanent Naval or Military service, without having obtained a regular discharge therefrom or otherwise fulfilled the conditions enabling him to enlist or enrol, enlists or enrols himself in any part of the Military Forces, or when belonging to the Military Forces, without having fulfilled the conditions enabling him to enlist, enrol or enter the Naval Forces, enrols himself or enlists in or enters the Naval Forces,
shall on conviction by court martial or by civil court be liable to suffer one or more of the penalties set forth in Regulation 495.
(2) For the purpose of Sub-Regulation (1) (i) of this Regulation the expression “discharged or dismissed with disgrace” means discharged with ignominy, discharged as incorrigible and worthless, discharged or dismissed by sentence of court martial, discharged for misconduct or discharged on account of conviction for felony or of a sentence of penal servitude or imprisonment.
(3) Where an offender has fraudulently enlisted he may for the purposes of Sub-Regulation (1) (ii) of this Regulation be deemed to belong to any one of the corps to which he has been appointed, enlisted, enrolled or transferred as well as to that to which he properly belongs.
(4) This Regulation shall not prevent the application of any provision of the Army Act to any member of the Military Forces, but shall be construed as alternative to the provisions of the Army Act when those provisions are applicable.
After the word “offences” insert the words “against Regulation 494 or 494a”.
The words “subject to Military Law and” are deleted.
Sub-paragraph
(
(vi) Payment of such amount as is sufficient to make good any loss or damage to any article vested in the Commonwealth or in the Commanding Officer of the offender’s corps occasioned by his wilful default or neglect and any expenses occasioned by the offence.
In
paragraph (
Sub-paragraph
(
(v) Payment of such amount as is sufficient to make good any loss or damage to any article vested in the Commonwealth or in the Commanding Officer of the offender’s corps occasioned by his wilful default or neglect and any expenses occasioned by the offence.
Before the word “discharged” in proviso (iv) insert the following words:—“discharged or”.
Proviso (viii) is repealed and the following substituted therefor:—
(viii) In addition to or without any other punishment in respect of any offence, an offender convicted by court martial may be sentenced to pay such amount as is sufficient to make good any loss or damage to any article vested in the Commonwealth or in the Commanding Officer of the offender’s corps occasioned by his wilful default or neglect and any expenses occasioned by the offence.
Regulation 496 is repealed and the following substituted therefor:—
496. It is provided by section 113 of the Act that—
“Any member of the Defence Force, when not on war service charged with any naval or military offence when on duty or wearing his uniform may be arrested pursuant to the order of any person authorized by the Regulations to issue such order, by any other member of the Defence Force, and detained in custody until he can be tried for the offence, but in the case of members of the Citizen Forces such arrest or custody shall not continue longer than while the corps or ship’s company to which such member belongs shall then remain under arms or on duty, or, if not then on duty, until such member shall have resumed civilian attire, which he shall, without unnecessary delay, be permitted to do.”
In sub-paragraph (
a ) the words “of an officer authorized by this Regulation” are cancelled and the following substituted therefor:—“of any person authorized by these Regulations”.The words “notwithstanding the officer giving the order” are cancelled and the following substituted therefor:—“notwithstanding the person giving the order”.
For the words “military or naval offence” substitute the words “naval or military offence”.
For the words “section 88 of the Act” substitute the words “section 108 (2) of the Act”.
At the end of Regulation 505 insert the following:—“A person suspended under this Regulation will be treated as under a charge within the meaning of section 119 of the Act”.
In Sub-Regulation (1) after the words “Militia Forces” insert the words “not on war service”.
After the number “516” insert “(1)”.
After the words “Militia Forces” insert the words “not on war service”.
The following new Sub-Regulation is added:—
(2) A member of the Militia Forces on war service is subject to the provisions of these Regulations relating to arrest in the same manner as if he were a member of the Permanent Forces on war service.
After the number “517” insert “(1)”.
For the word “taken” substitute “arrested”.
Delete all that portion of the Regulation following the words “until disposal of his case”.
The following new Sub-Regulations are added:—
(2) A person liable to be tried by court martial who has ceased to be a member of the Military Forces may be similarly arrested under the warrant issued under section 114 of the Act and detained thereunder until disposal of his case. In cases in which in the opinion of the officer by whom a warrant might be issued, there is no substantial risk of the person accused absconding, he may be summoned to attend as prescribed in Sub-Regulation (1) of this Regulation instead of being arrested under a warrant in the first instance.
(3) Temporary detention under a warrant issued by a Commanding Officer under Regulation 508 may not exceed the period mentioned in that Regulation.
517a. (1) Warrants for the temporary detention in any prison or in any place in which military prisoners or soldiers undergoing detention may be confined, of persons charged with offences triable by court martial may be issued by any of the following authorities:—
(
a ) The Adjutant-General.(
b ) A District Commandant.(
c ) An Assistant Adjutant-General or other officer filling the like office.(
d ) The Commanding Officer of the person or of the unit to which he last belonged, or,(
e ) When such a Commanding Officer is not present at the place where the person is, any officer having or being responsible for the custody or control of the person.(2) Any of the above-mentioned authorities or the president of the court martial by whom the person is to be tried may order the delivery of the person into military custody.
518a. (1) Regulations 497 (
b ) (c ) (d ) (e ) (f ) (g ) and (h ), 499, 500 (1) and 501 to 514, both inclusive, shall apply to the Military Forces on war service, and the power of arrest conferred upon a military member of the Military Board and on a District Commandant shall apply to the Military Forces on war service.(2) Nothing in this Regulation shall be construed as limiting the application to the Military Forces on war service of the Army Act and the rules and regulations mentioned in Regulation 490 (1).
After the words “District Commandant” insert the words “or in the field the general or other officer commanding.”
The words “the Act or Regulations” are cancelled and the following substituted therefor:—“the Defence Act or the Regulations or the Army Act as the case may be”.
(3) The Commanding Officer may at any time before the punishment has been completed mitigate or remit a minor or a summary punishment.
(4) The award of a Commanding Officer is to be considered final when the soldier has been removed from the presence of the Commanding Officer.
Before the word “may” the following words are inserted:—“save as provided by Regulation 559”.
The words “the Act or Regulations” are cancelled and the following substituted therefor:—“the Defence Act or these Regulations or the Army Act”.
535. (1) In pursuance of section 108 of the Act, a Commanding Officer not on war service may, without reference to superior authority, dispose summarily of a charge against any soldier of the Military Forces under the following sections of the Act:—
74, 77, 79, 81, penalty must not exceed five pounds, 84, penalty must not exceed five pounds, 135 (1a) (
a ), 135 (1a) (b ), and under Regulation 494, paragraphs (i) to (iv), (x) threatening or insubordinate language only, (xi), (xii), (xiii) excepting striking or using or offering violence, (xiv) excepting striking or using or offering violence, (xv) to (xvii), (xix) to (xxi), (xxiv), (xxvi), (xxix), (xxx), (xxxi) except when the act is wilful, (xxxii) to (xxxvi), (xliii), (xliv), (xlv), (xlviii), (xlix), (lii), (liv), (lv), (lvi), and 494a (1) (i) and (ii).(2) A Commanding Officer on war service may without reference to superior authority dispose summarily of a soldier charged with an offence under the following sections of the Army Act:—6, except on active service; 8 (2) (threatening or insubordinate language only), except on active service; 9 (2) except on active service; 10 (except sub-section (1), 11, 14, 15, 18 (1), (3), 19, 20 (except when the act is wilful), 21, 22, 24, and 40.
(3) A Commanding Officer may, if he sees fit, refer a charge with which he might deal summarily under this Regulation for trial by regimental court martial or he may refer it to superior authority with an application for trial by a superior court.
(4) First and less serious offences under the above sections or Regulations, and minor neglects or omissions, not resulting from deliberate disregard of authority or not associated with graver offences, should, as a rule, be dealt with summarily. A charge for any other offence which the Commanding Officer desires to dispose of summarily will be referred to superior authority in a letter stating the circumstances of the case, and accompanied by the soldier’s conduct sheet.
(5) Notwithstanding anything in this Regulation contained a Commanding Officer may deal summarily with any offence mentioned in Regulation 548 or 558 or any offence against the Army Act if authorized to do so by superior authority and shall so deal with any such offence when directed to do so by superior authority.
(6) Notwithstanding anything in this Regulation contained, if a Commanding Officer, through inadvertence and with a full knowledge of the facts, but in contravention of the directions contained in this Regulation, deals summarily with any offence mentioned in Regulation 548 or 558 or any offence against the Army Act, his award shall be lawful and the offender shall not be tried by court martial for that offence.
After the words “the Act” the following words are inserted:—“and this Regulation”.
The words “not on active service” are cancelled.
544a. The expression “Commanding Officer” as used in these Regulations relating to “Investigation of Charges”, “Summary and Minor Punishments”, and “Courts Martial”, and in the provisions consequential thereon has in relation to any person on war service the same meaning as in Rule of Procedure 129 or the like provision for the time being in force.
The heading “Permanent Forces” is amended by adding after the word “Forces” the words “not on war service”.
The words “in Regulation 535” are cancelled and the following substituted therefor:—“in Regulations 494 and 494a, and sections 74, 77, 79, 81, 84, 135 (1a) (
a ) and 135 (1a) (b ) of the Act”.After the number “548” the number “(1)” is inserted.
The following new Sub-Regulation is added:—
(2) Commanding Officers will be held responsible for any departure from the directions contained in Regulation 535.
After the number “557” the following number is inserted: “(1)”.
The following new Sub-Regulation is inserted after Sub-Regulation (1):—
(2) This Regulation shall apply to soldiers whether on war service or not and shall extend to offences against the Army Act.
The heading “Militia Forces” is amended by adding after the word “Forces” the words “not on war service”.
The words “in Regulation 535” are cancelled and the following substituted therefore—“in Regulation 494 and 494a, and sections 74, 77, 79, 81, 84, 135 (1a) (
a ) and 135 (1a) (b ) of the Act.”In sub-paragraph (
d ) after the word “property” the following words are inserted:—“provided that the total fines in any award shall not exceed five pounds (D.A. sec. 108) and:”After the number “558” the number “(1)” is inserted.
The following new Sub-Regulation is added:—
(2) Commanding Officers will be held responsible for any departure from the directions contained in Regulation 535.
563. Under section 119 of the Act, no member of the Military Forces shall without the authority of the Minister be entitled to receive any pay or allowance (
a ) while under any charge of which he is afterwards convicted by any court or by his Commanding Officer or while under sentence of penal servitude, imprisonment, detention or field punishment awarded by any court or by his Commanding Officer, or (b ) during absence from duty without leave. The term “court” here used includes civil courts as well as courts martial.The period, (
a ) during which pay shall be stopped shall commence from and include the first day on which the charge was investigated by a Commanding Officer or a court, whichever first occurred. In these cases the Commanding Officer or court will make no award of forfeiture of pay, but will inform the soldier of the number of days’ pay he forfeits.For the purpose of section 119 of the Act involuntary absence without leave from the Military Forces is to be treated as absence from duty without leave.
When any 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 confirmation of the sentence is completed by promulgation to that person.
In Sub-Regulation (1) the words “by the civil power the Governor-General may, subject to section 88 of the Act, order—” are cancelled and the following substituted therefor:—“by a civil court a District Commandant may order—.”
In Sub-Regulation (2) the following words are deleted:—“to recommend”.
After the number “567” the following number is inserted:—“(1)”.
The words “the soldier shall be given A.M. Form A.4., with full particulars inserted therein” are cancelled and the following substituted therefor:—“the soldier shall be notified in writing of the charge against him”.
The following new Sub-Regulation is added:—
(2) This Regulation shall apply whether the person in respect of whom the power is exercised is on war service or not.
567a. (1) Provost-marshals and assistant provost-marshals may be appointed by—
(
a ) The Military Board,(
b ) A District Commandant when authorized by the Military Board, or(
c ) A general officer in command of a body of Australian Military Forces on war service either within or beyond the limits of the Commonwealth.(2) A provost-marshal or an assistant provost-marshal or any person authorized by a provost-marshal or an assistant provost-marshal either generally or with reference to any particular person or class of persons may arrest and detain for trial any person subject to military law within the meaning of these Regulations or subject to the Army Act by virtue of the Defence Act committing an offence against the Defence Act or these Regulations or the Army Act, and may also carry into execution any punishment imposed on any such person by sentence of a court martial or a civil court or a Commanding Officer.
(3) A provost-marshal or an assistant provost-marshal shall not inflict any punishment of his own authority except as mentioned in the proviso to section 74 (2) of the Army Act.
(4) This Regulation shall not prevent the operation of section 74 of the Army Act when applicable to the Military Forces.
567 (b) (1) A provost-marshal or an assistant provost-marshal may authorize members of the military police to give such orders to soldiers as the provost-marshal or assistant provost-marshal may consider necessary for the maintenance of discipline or good order.
(2) Soldiers, notwithstanding that they may be of superior rank, shall obey orders so given by military police.
(3) Officers of whatever rank shall comply with the directions of a provost-marshal or assistant provost-marshal.
(4) Breaches of this Regulation will be dealt with under paragraph (xliii) of Regulation 494 or section 40 of the Army Act unless the circumstances are such as to constitute an offence against another Regulation or section.
Sub-Regulation (1) of Regulation 575 is repealed and the following substituted therefor:—
(1) Except so far as is inconsistent with the Defence Act and these Regulations, the laws and regulations for the time being in force in relation to the composition, procedure (including the reception of evidence) and powers of courts martial in the King’s Regular Land Forces, the revision, confirmation, effect, and consequences of the findings and sentences of such courts martial, and the mitigation, remission and commutation of the sentences thereby imposed shall apply to courts martial in the Military Forces and their findings and sentences. (D. A. sec. 88.)
In Sub-Regulation (2) before the words “Rules of Procedure” the following words are inserted:—“the Army Act”.
The following new Sub-Regulation is inserted after Sub-Regulation (2):—
(3) Nothing in these Regulations shall be construed as restricting or modifying the provisions of the Army Act and the rules made thereunder relating to field general courts martial including the Rules of Procedure and the Rules for Field Punishment when applicable to the Military Forces or any part thereof.
(3) This Regulation shall not be construed as necessitating the appointment by the convening authority of the members of a regimental court martial convened under the Army Act and not under section 86 of the Defence Act.
579. A regimental court martial shall not try an officer, nor award the punishment of death, penal servitude, or imprisonment, or of detention in excess of forty-two days, or of discharge with ignominy; but, subject as aforesaid, and save as in the Defence Act, these Regulations or the Army Act specially mentioned, any offence under the Defence Act, these Regulations or the Army Act committed by a person subject to military law or to the Army Act, and triable by court martial, may be tried and punished by a regimental court martial.
The word “section” in Sub-Regulation (3) is cancelled and the word “Regulation” is substituted therefor.
582. A district court martial shall not try a person subject to military law or to the Army Act as an officer, nor award the punishment of death or penal servitude; but, subject as aforesaid, any offence under the Defence Act, these Regulations or the Army Act committed by a person subject to military law or to the Army Act, and triable by court martial, may be tried and punished by either a general or district court martial.
After the number “584” the following number is inserted: “(1)”.
The following new Sub-Regulation is inserted after Sub-Regulation (1):—
(2) Nothing in this Regulation shall be construed as necessitating the appointment by the convening authority of the members of a court martial convened under the Army Act by virtue of the provisions of section 54a of the Defence Act.
(3) Non-compliance with this Regulation will not affect the jurisdiction of a general court martial.
588a. (1) The authority by whom a general or district court martial is convened or any superior authority by whom the court might have been convened may appoint a judge advocate to the court or for any trial by the court.
(2) A judge advocate should not be appointed to a district court martial or for a trial by a district court martial unless, in the opinion of the authority making the appointment, the nature of the case to be tried or other circumstances render an appointment desirable in the interests of justice.
(3) A judge advocate should always be appointed by the authority convening a general court martial unless, in the opinion of that authority, an appointment is not, having due regard to the public service, reasonably practicable or the nature of the case to be tried or other circumstances render it unnecessary.
(4) When a judge advocate is not appointed to a general court martial or is appointed to a district court martial the existence of the opinion justifying the omission or appointment shall be conclusively presumed.
(5) A judge advocate may be appointed at any stage of the proceedings of the court or trial to or for which he is appointed.
(6) The appointment of a judge advocate may be made in the order convening the court or by any writing signed by the authority making the appointment.
Sub-Regulation (2) is amended by inserting after the word “law” the following words:—“Under these Regulations or the Army Act”.
After Sub-Regulation (3) the following Sub-Regulation is inserted:—
(4) This Regulation shall not affect the provisions relating to field general courts martial contained in the Army Act and the Rules of Procedure.
In Sub-Regulation (1) after the word “Regulations” the following words are inserted:—“or the Army Act as the case may be”.
In Sub-Regulation (4) after the word “appoint” in each case the following words are inserted:—“or detail”.
The following words are inserted at the end of Sub-Regulation (4):—“Members or waiting members shall not be detailed except in the case of a court convened under the Army Act by virtue of the provisions of section 54a of the Defence Act.
The following words are inserted after the word “personally” in Sub-Regulation (6):—“except an order convening a court under the Army Act when applied by section 54a of the Defence Act in which case the order may be signed in any manner authorized by the Army Act”.
596. Under the Defence Act and the Army Act the jurisdiction of courts martial in respect of the trial of different offences is unrestricted and it will be observed that, except where a particular course is prescribed by the Army Act or the Rules of Procedure or these Regulations, it is not imperative to try any offence by court martial. In cases not specially provided for the discretion of officers competent to deal with any charge is left unfettered.
604. (1) Theft from a comrade should, unless there are peculiarly complicated circumstances in connexion with the case, be dealt with by court martial in preference to being tried by the civil power and the charge should be framed under Regulation 494 (xxvii) or section 18 (4) of the Army Act as the case may be.
(2) When an officer or soldier is unable to account satisfactorily for public money intrusted to him and it is proposed to try him by court martial for an offence involving fraud under Regulation 494 (xxvii) or section 18 (4) of the Army Act, if there is any reasonable ground for believing that the deficiency may have been the result of negligence only, an alternative charge under Regulation 494 (xliii) or section 40 of the Army Act, as the case may be, should be added to the charge sheet the particulars of which should contain the allegation that he so negligently performed his duties as to cause a loss to the public of the sum unaccounted for.
The word “detailed” where it first occurs is cancelled and the following substituted therefor:—“appointed or detailed when the latter is permissible”.
The word “detailed” wherever it otherwise occurs is cancelled and the following substituted therefor:—“appointed or detailed as above”.
The words “Defence Force” in Sub-Regulation (1) are cancelled and the words “Military Forces” are substituted therefor.
After the words “military law” in Sub-Regulation (1) the following words are inserted:—“under these Regulations or subject to the Army Act”.
The number “104” is cancelled and the number “103” is substituted therefor.
Sub-Regulation (2) is repealed and the following substituted therefor:—
(2) A charge sheet should be set out in one of the following forms:—
(
When the accused is a member of the Military Forces not on war service )—The accused (
number, rank, name, regiment, or corps ) a soldier (officer) of the Military Forces of the Commonwealth of Australia, is charged with having while on duty (in uniform) committed the following offence (s), namely,or,
(
When the accused has ceased to be a member of the Military Forces )—The accused (
name ) is charged with having, while being (number, rank ) of the …..regiment (corps), a soldier (officer) of the Military Forces of the Commonwealth of Australia and while (on duty) (in uniform) (on war service) committed the following offence (s), namely,
or,
(
On war service )—The accused (
number, rank, name, regiment, or corps ), a soldier (officer) of the Military Forces of the Commonwealth of Australia on war service is charged with ....Sub-Regulation (4) is amended by inserting after the words “Permanent Forces” the words “not on war service”.
The following words are, cancelled:—“the value being assessed according to the ‘Clothing Regulations’ ”.
The following words are inserted after the word “charge” at the end of the Regulation:—“if proved in evidence”.
The number “(xxxiv)” is cancelled and the number “(xxxvi)” substituted therefor.
The number “(1)” after the number “494” is deleted.
After the words “Defence Act” the following words are inserted:—“or section 24 (1) or (3) of the Army Act.”
After the number “494” the number “(1)” is deleted and the following words inserted:—“or under section, 17 or 18 (4) or (5) of the Army Act”.
In Sub-Regulation (6) the words “or other superior authority” are deleted.
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After the words “courts martial” the following words are inserted:—“not on war service”.
In column headed “Offences” the words “(
d ) An offence under paragraph (li) of Regulation 494 (1)” are cancelled and the following substituted therefor:—“(d ) An offence under Regulation 494a (1)”.The number “(1)” after the number “494” is deleted.
The words “under paragraph (li) of Regulation 494 (1)” are cancelled, and the words “under paragraph (i) of Sub-Regulation 494a (1)” are substituted therefor.
The number “(1)” after the number “494” is deleted.
In Sub-Regulation (2) the word “shall” is cancelled wherever it occurs and the word “should” is substituted therefor.
In Sub-Regulation (3) the words “shall have” are cancelled and the word “has” substituted therefor.
In Sub-Regulation (3) the words “shall not” are cancelled and the words “should not” are substituted therefor.
In Sub-Regulations (4) and (5) the word “shall” wherever it occurs is cancelled and the words “should usually” are substituted therefor.—
In Sub-Regulation (3) after the words “the Act” the following words are inserted:—“these Regulations and the Army Act”.
In Sub-Regulation (4) after the words “the Act” the following words are inserted:—“these Regulations and the Army Act”.
In Sub-Regulation (5) the word “Defence” is cancelled and the word “Army” is substituted therefor, and before the word “Regulations” the word “these” is inserted.
In sub-paragraph (2) after the word “Regulations” where it first occurs, the following words are inserted:—“or the Army Act as the case may be”.
In Sub-Regulation (2) after the word “Regulations” where it last occurs the following words are inserted:—“or the Rules of Procedure”.
Regulations 663 and 664 of the Australian Military Regulations are repealed and the following Regulations inserted in their stead:—
663.—(l) When a sentence of imprisonment for any offence against the Act or the Regulations or the Army Act is imposed on a member of the Military Forces by a court martial or a civil court, the person on whom that sentence is imposed (in this Regulation and Regulation 664 referred to as a “military prisoner”) shall undergo the term of his imprisonment either in military custody or in a public prison or in a place appointed by the Governor-General under section 116 of the Act (in this Regulation referred to as an appointed place) or if sentenced for an offence against the Army Act, then subject to the provisions of this Regulation, in any place authorized by that Act, or partly in one way and partly in another.
(2) When a sentence of detention for any offence against the Act or the Regulations or the Army Act is imposed on a member of the Military Forces by a court martial or a civil court or a Commanding Officer the person on whom that sentence is passed (in this Regulation and Regulation 664 referred to as a “soldier undergoing detention”) shall undergo the term of his detention either in military custody or in an appointed place or, if sentenced for an offence against the Army Act, then, subject to the provisions of this Regulation, in any place authorized by that Act, or partly in one way and partly in another, but not in a prison.
(3) The warrant of a committing authority in Regulation 664 mentioned shall be a sufficient authority for the transfer of a military prisoner to a public prison, or an appointed place or a soldier undergoing detention to an appointed place.
(4) A military prisoner while in a public prison shall be confined, kept to hard labour, and otherwise dealt with, in the like manner as an ordinary prisoner under a like sentence of imprisonment, and where the hospital or place for reception of sick persons in a public prison or an appointed place is detached from the prison or appointed place, a military prisoner or a soldier undergoing detention may be detained in that hospital or place for reception and conveyed to and from the same as circumstances may require.
(5) A military prisoner or a soldier undergoing detention during his conveyance from place to place or when on board ship or otherwise may be subjected to such restraint as is necessary for his safe custody and removal.
(6) A discharging authority referred to in Regulation 664 may at any time, during the period of imprisonment of a military prisoner or of the detention of a soldier undergoing detention, by order discharge the prisoner or soldier.
(7) A committing authority may at any time remove a military prisoner from one public prison to another or from a public prison to an appointed place or from an appointed place to a public prison or another appointed place, or a soldier undergoing detention from one appointed place to another, but save as hereinafter in this Regulation provided no military prisoner or soldier undergoing detention shall be removed from a public prison or appointed place in the Commonwealth to a prison or appointed place or detention barracks elsewhere.
(8) A removing authority referred to in Regulation 664 may at any time, during the period of imprisonment of a military prisoner or of the detention of a soldier undergoing detention, from time to time by order provide for his being brought before a court martial or any civil court either as a witness or for trial or otherwise, and an order of that authority shall be a sufficient warrant for delivering the military prisoner or soldier undergoing detention into military custody until he can be returned and for returning him to the place whence he is brought or to such other place as may be determined by the removing authority.
(9) The expression “public prison” in this Regulation means any prison within the Commonwealth or any Territory under the authority of the Commonwealth in which offenders sentenced by a civil court to imprisonment may be confined.
(10) Nothing in these Regulations shall be construed as taking away or abridging any right for the time being existing in any civil authority to commit or remove any military prisoner or to commit any soldier undergoing detention.
(11) Notwithstanding anything contained in section 63 of the Army Act, a military prisoner or soldier undergoing detention may be removed from, a prison or detention barrack in the United Kingdom to a prison or detention barrack within the Commonwealth.
(12) So much of section 131 of the Army Act as enacts that a person sentenced in India or a colony to a term of imprisonment or detention exceeding twelve months shall be transferred as soon as practicable to a prison or detention barrack in the United Kingdom shall not apply to the Military Forces, but nothing in this Sub-regulation shall prevent the transfer when authorized by a direction under Sub-Regulation (14) of this Regulation.
(13) When a member of the Military Forces is sentenced beyond the limits of the Commonwealth to a term of imprisonment or detention exceeding twelve months, he shall, except as provided in Sub-Regulation (14) of this Regulation, be removed as soon as practicable, if a military prisoner to
a public prison or appointed place within the Commonwealth, or, if a soldier undergoing detention, to an appointed place within the limits of the Commonwealth:
Provided that it shall not be necessary to remove from any Territory under the authority of the Commonwealth any member of the Permanent Forces who enlisted in the Territory in which he is sentenced or any member of the Citizen Forces whose usual place of residence is in the Territory in which he was sentenced:
Provided further that any member of the Military Forces may be removed from any place, if a military prisoner, to a public prison or appointed place, and, if a soldier undergoing detention, to an appointed place within the Territory in which, if a member of the Permanent Forces, he enlisted, or, if a member of the Citizen Forces, he usually resides.
(14) The Governor-General may—
(
a ) in relation to a particular military prisoner or soldier undergoing detention, sentenced beyond the limits of the Commonwealth; or(
b ) generally in relation to military prisoners or soldiers undergoing detention, sentenced beyond the limits of the Commonwealth, or to any class of those prisoners or soldiers,direct that the sentence or sentences may be undergone in a country or place beyond the limits of the Commonwealth.
(15) While a direction under the last preceding Sub-Regulation remains in force, a military prisoner or soldier undergoing detention to whom it applies may be kept in military custody, or in an appointed place, or in a place in which members of His Majesty’s Regular Forces sentenced to detention by a court martial in the country or place in which the military prisoner or soldier undergoing detention is may be confined, and, in the case of a military prisoner, may be kept in a prison in which members of His Majesty’s Regular Forces sentenced to imprisonment by a court martial in the country or place in which the military prisoner is, or persons sentenced to imprisonment by a civil court in that country or place, may be confined, and the provisions of this Regulation shall apply to the soldier undergoing detention or the military prisoner as if the places or prisons were “appointed places” and “public prisons” respectively.
(16) The Governor-General may revoke any direction given under Sub-Regulation (14) of this Regulation either generally or in relation to a particular military prisoner or soldier undergoing detention or in relation to any class of military prisoners or soldiers undergoing detention, and upon the revocation the provisions of Sub-Regulation (13) of this Regulation shall take effect with reference to the persons to whom the revocation applies.
(17) A competent military authority referred to in Regulation 664 may give directions for the delivery into military custody of any military prisoner or soldier undergoing detention within the Commonwealth and for his removal, whether with his corps or separately, to any place beyond the limits of the Commonwealth in which he is liable to serve, where the corps or any part thereof to which he belongs is serving or under orders to serve.
(18) The directions of a competent military authority shall be sufficient authority for the removal of the prisoner or soldier undergoing detention from the public prison or appointed place in which he is confined and for his conveyance in military custody during his removal.
(19) A competent military authority may further give directions for the discharge of the military prisoner or soldier undergoing detention either conditionally or unconditionally at any time while he is in military custody under Sub-Regulation (17).
(20) This Regulation and Regulation 664 shall not, save so far as is hereinbefore mentioned, prevent the application to the Military Forces of any provision of the Army Act.
(21) This Regulation shall apply as well to sentences passed before as to those passed after the commencement of this Regulation.
664.—(1) When a military prisoner or soldier undergoing detention is within the Commonwealth each of the following authorities shall be a committing authority, namely:—
(
a ) The Military Board;(
b ) The Adjutant-General;(
c ) The officer who confirmed the sentence;(
d ) The District Commandant of the Military District in which the military prisoner or soldier undergoing detention for the time being is;(
e ) The Assistant Adjutant-General or other officer filling the like office in the Military District in which the military prisoner or soldier undergoing detention for the time being is; and(
f ) The Commanding Officer of the military prisoner or soldier undergoing detention;(
g ) The President of the court martial by whom the prisoner was sentenced.(2) When a military prisoner or soldier undergoing detention is beyond the limits of the Commonwealth or belongs to any part of the Military Forces which within the Commonwealth is on active service within the meaning of the Act each of the following authorities shall be a committing authority, namely:—
(
a ) Any authority mentioned in Sub-Regulation (1) of this Regulation;(
b ) The officer in chief command of the Australian Military Forces where the sentence is passed or the military prisoner or soldier undergoing detention for the time being is;(
c ) The officer in charge of administration of that command;(
d ) The Officer commanding any Army Corps, Division or Brigade in or with which the military prisoner or soldier undergoing detention for the time being is;(
e ) An Adjutant-General of any Army Corps or Division or Deputy Assistant Adjutant-General or Brigade-Major of any Brigade in which the military prisoner or soldier undergoing detention for the time being is;(
f ) An officer commanding any command which does not form part of an Army Corps, Division or Brigade and within which the military prisoner or soldier undergoing detention for the time being is; and(
g ) Any officer in charge of the administration of that command.(3) When a military prisoner or soldier undergoing detention is within the Commonwealth each of the following authorities shall be a discharging authority, namely:—
(
a ) Any authority mentioned in paragraphs (a ), (b ), (c ), (d ) and (e ) of Sub-Regulation (1) of this Regulation;(
b ) When the sentence was passed by a Commanding Officer or a Commanding Officer is authorized by a superior discharging authority the Commanding Officer of the military prisoner or soldier undergoing detention.(4) When a military prisoner or soldier undergoing detention is beyond the limits of the Commonwealth or belongs to any part of the Military Forces, which, within the Commonwealth, is on active service within the meaning of the Act, each of the following authorities shall be a discharging authority, namely:—
(
a ) Any authority mentioned in Sub-Regulation (3) of this Regulation;(
b ) Any officer not under the rank of Colonel in or under whose command the military prisoner or soldier undergoing detention for the time being is:Provided that the officer does not hold a command inferior to that of the officer who confirmed the sentence.
(5) When a military prisoner or soldier undergoing detention is within the Commonwealth each of the following authorities shall be a removing authority, namely:
Any authority mentioned in paragraphs (
a ), (b ), (c ), (d ), (e ) and (f ) of Sub-Regulation (1) of this Regulation.(6) When a military prisoner or soldier undergoing detention is beyond the limits of the Commonwealth or belongs to any part of the Military Forces which, within the Commonwealth, is on active service within the meaning of the Act, each of the following authorities shall be a removing authority, namely:—
(
a ) Any authority mentioned in Sub-Regulation (5) of this Regulation; and(
b ) Any authority mentioned in paragraphs (b ), (c ), (d ), (e ), (f ) and (g ) of Sub-Regulation (2) of this Regulation.(7) Any authority mentioned in paragraphs (
a ), (b ), (c ) and (d ) of Sub-Regulation (1) of this Regulation shall be a competent military authority.
664a. (1) In this Regulation the expression “military convict”, means a member of the Military Forces who has been sentenced by court martial to penal servitude, the expression “penal servitude prison”, means a prison or place in which a person sentenced to penal servitude by a civil court in the State, Territory or country in which the military convict is may be confined, either permanently or temporarily, or, if a person cannot lawfully be sentenced to penal servitude by a civil court in the State, Territory or country where the military convict is, a prison or place in which a person sentenced to imprisonment by a civil court in that State, Territory or country may be confined either permanently or temporarily, and the expression “appointed place” has the same meaning as in Regulation 663.
(2) A military convict shall undergo the term of his penal servitude in a penal servitude prison.
(3) When a member of the Military Forces is, within or without the limits of the Commonwealth, sentenced to penal servitude, he shall, except as provided in Sub-Regulation (4) of this Regulation, as soon as practicable be transferred to a penal servitude prison within those limits to undergo his sentence, and until so transferred he may be kept in military custody, or in an appointed place, or temporarily in a penal servitude prison, or a prison in which members of His Majesty’s Regular Forces sentenced to imprisonment by a court martial in the State, Territory or country in which the military convict is, or persons sentenced to imprisonment by a civil court in the State, Territory or country in which the military convict is, may be confined.
(4) The Governor-General may, in relation to any particular military convict whose sentence is passed beyond the limits of the Commonwealth, or generally in relation to military convicts whose sentences are passed beyond those limits, or in relation to any class of those military convicts, direct that sentences of penal servitude may be undergone beyond the limits of the Commonwealth generally, or in any Territory, country or place beyond those limits.
(5) While any direction given under the last preceding Sub-Regulation remains in force, every military convict to whom it applies may be kept beyond the limits of the Commonwealth in military custody, or an appointed place, or in a penal servitude prison or a prison in which members of His Majesty’s Regular Forces sentenced to imprisonment by a court martial in the Territory or country in which the military convict or person sentenced to imprisonment by a civil court in that Territory or country may be confined.
(6) The Governor-General may revoke any direction given under Sub-Regulation (4) of this Regulation either generally or in relation to any particular military convict or to any class of military convicts.
(7) When any direction given under Sub-Regulation (4) of this Regulation is revoked the provisions of Sub-Regulation (3) of this Regulation shall take effect with reference to the military convict to whom the revocation applies.
(8) A military convict while in a penal servitude prison shall be confined, kept at hard labour and otherwise dealt with in the like manner as a person sentenced to penal servitude by a civil court in the State, Territory or country in which the military convict is, or, if a person cannot lawfully be sentenced to penal servitude by a civil court in the State, Territory or country in which the military convict is, then in the like manner as a person sentenced to imprisonment with hard labour by a civil court in that State, Territory or country, and where the hospital or place for reception of sick persons in a penal servitude prison is detached from the prison a military convict may be detained in that hospital or place and conveyed to and from the same as circumstances require.
(9) Sub-Regulations (3) (5) (6) (7) (8) and (10) of Regulation 663 and Regulation 664 shall apply to military convicts with the following modifications:—
(
a ) Wherever a military prisoner or a soldier undergoing detention is referred to, a military convict shall be deemed to be indicated;(
b ) wherever imprisonment or detention is referred to, penal servitude shall be deemed to be indicated; and(
c ) wherever a public prison, an appointed place or a detention barrack is referred to, a penal servitude prison shall be deemed to be included.(10) Section 58 of the Army Act (except as regards a military convict while in the United Kingdom) and so much of every enactment of the Army Act as provides for the transfer of a military convict to a penal servitude prison of convict establishment in the United Kingdom, and the execution of sentences of penal servitude in the United Kingdom or elsewhere beyond the limits of the Commonwealth, shall not, except as provided in Sub-Regulation (4) of this Regulation apply to the Military Forces.
(11) This Regulation and Regulation 664 shall not, save so far as is hereinbefore mentioned, prevent the application to the Military Forces of any provision of the Army Act.
(12) This Regulation shall apply as well to sentences passed before as to those passed after the making of this Regulation.
667a. In these Regulations the expression “soldier under sentence” includes a military convict, a military prisoner and a soldier undergoing detention within the meaning of these Regulations.
After the words “court martial or civil court will” the word “usually” is inserted.
After the word “made” the words “or directed” are inserted.
After the word “make” the words “or direct” are inserted.
After the word “sentence” where it first occurs the word “or” is inserted.
After the word “sentence” wherever it otherwise occurs the words “or a charge” are inserted.
The words “from one station to another in Australia” are cancelled.
The words “by a competent authority” are deleted.
After the word “make” the words “or direct” are inserted.
After the word “discharge” where it first appears, the words “under Regulation 663 (6)” are inserted.
The following words are deleted:—“the order should not be made except in case of necessity, where the immediate liberation of the soldier under sentence is required. The order should state the necessity of the case, and”.
In Sub-Regulation (7) after the word “soldier” on the first and second occasion where it occurs the following words are inserted:—“before a civil court on a prosecution for a purely military offence or before a court martial.
In Sub-Regulation (7) the following words are deleted:—“under paragraph (1) of Regulation 494 (1)”.
In Sub-Regulation (7) after the word “it” at the end of the Regulation the following words are inserted:—“or for any offence commited before it which if committed before a
court martial would amount to contempt of court, or for disobeying a lawful command by refusing to take an oath or to make a solemn declaration legally ordered to be taken or made, or to answer any question legally ordered to be answered”.
In Sub-Regulation (1) after the words “Permanent Forces” the following words are inserted:—“at any time and the Militia Forces on war service”.
In Sub-Regulation (1) the word “may” is cancelled and the word “shall” substituted therefor.
After Sub-Regulation (2) the following new Sub-Regulation is inserted:—
(3) Sub-Regulations (1) and (2) of this Regulation shall not apply to the cases of members of the Militia Forces who fail to join when required to serve as mentioned in section 78 of the Act, but in those cases at the expiration of the seven days mentioned in that section warrants should be issued for the arrest of offenders.
The words “paragraph (liii) of Regulation 494 (1)” are cancelled and the following words ‘Substituted therefor:—“paragraph (ii) of Sub-Regulation (1) of Regulation 494a”.
The words “this Regulation” are cancelled and the words “that Regulation” are substituted therefor.
Sub-Regulation (1) is repealed and the following Sub-Regulation substituted therefor:—
(1) If any soldier has improperly entered or re-entered the Military Forces either by making a false answer on attestation or otherwise, except as mentioned in Regulation 742 the case will be disposed of on its merits and if trial be ordered will be dealt with under section 74 of the Act or under Sub-Regulation (1) of Regulation 494a.
After Sub-Regulation (2) the following new Sub-Regulation is inserted:—
(3) The statement of the offence in a charge sheet for trial by court martial of a charge of having made a false answer on attestation should be in the following form:—
Being a person of whom information was required by an officer (a justice) in order to enable him to comply with the provisions of the
Defence Act 1903-1917 and the Regulations made thereunder relating to enlistment giving false information:
After the word “punishment” the following words are inserted:—“or dispensation with trial”.
After the words “result of the trial” the words “if any” are inserted.
After the word “corps” where it last occurs the words “if after conviction” are inserted.
The words “paragraph (liii) of Regulation 494 (1)” are cancelled and the words “paragraph (ii) of Sub-Regulation (1) of Regulation 494a” are inserted in lieu.
In sub-paragraph (
b ) (i) after the words “(if any), or “the words” to be reduced “to a lower grade or” are inserted.Before the word “soldier” the word “private” is inserted.
The words “to be reduced to a lower grade, or” are deleted.
In Sub-Regulation (
b ) (ii) the words “a general court martial” are cancelled and the following substituted therefor:—“any court martial having power to try him other than a district court martial”.
771. (1) Time, for the purposes of any proceeding or other matter under these Regulations, shall be reckoned exclusive of Sunday, Good Friday, and Christmas Day, but any time reckoned for the purposes of Regulation 529, or of any punishment or of any deduction of pay, shall include those days.
(2) In any sentence of penal servitude, imprisonment, detention or field punishment and any warrant issued in pursuance thereof the word “month” shall unless the contrary intention is expressed be construed as meaning calendar month.
(3) Any report or application directed by these Regulations to be made to a superior authority, or proper military authority, shall be made in writing through the proper channel, unless such authority, on account of military exigencies or otherwise, dispenses with the writing.
(4) These Regulations shall apply to a person subject to the Army Act by virtue of section 117a of the Defence Act as an officer in like manner, so nearly as circumstances admit, as if he were an officer, and to a person so subject as a soldier in like manner, so nearly as circumstances admit, as if he were a soldier, subject, nevertheless, to the restrictions contained in the Act and Regulations, and to this qualification—that nothing in these Regulations shall confer on any person not an officer or soldier any jurisdiction or power as an officer or soldier.
(5) Persons accompanying any part of the Military Forces on active service beyond the limits of the Commonwealth or those of any Territory under the control of the Commonwealth
who are subject to military law by sections 175 (7) or (8) and 176 (9) or (10) of the Army Act cannot be tried by a court martial convened under the Defence Act but are liable to be tried by any appropriate court martial convened under powers conferred by the Army Act.
Under the heading “Extracts from Defence Act” paragraphs (1), (2) and (3) are cancelled and the following substituted therefor:—
(1) Any person, of whom information is required by any officer or person in order to enable him to comply with the provisions of this Act relating to enlistment or enrolment, who refuses or neglects (without just cause, proof whereof shall lie upon him) to give such information, or gives false information, shall be guilty of an offence.
Penalty: Imprisonment for twelve months or Twenty pounds for each item of information demanded and refused or neglected to be given or falsely given, or both.
(2) Any person appointed in that behalf who (without just cause, proof whereof shall lie upon him) refuses or neglects to make any enrolment, or to make or transmit, in the prescribed manner, any prescribed roll or return, or copy thereof, shall be liable to a penalty not exceeding Fifty pounds.
(3) Where an offence against this section is tried by court martial the court may, in lieu of sentencing the offender to imprisonment, sentence him to detention for the same period as that for which he might have been sentenced to imprisonment or for any less period. (D.A., sec. 74.)
(
d ) Under sub-section (3a) of section 138 of the Act and Regulations made thereunder—Area Officers.
The words “Regulation 494 (1)” where they first occur are cancelled and the following substituted therefor:—“Regulation 494 or the equivalent provisions of the Army Act”.
After the words “Regulation 494” the number “(1)” is deleted.
In Sub-Regulation (2) the words “under the articles above referred to” are cancelled and the words “under the above provisions” are substituted therefor.
In Sub-Regulation (4) the word “articles” is cancelled and the word “Regulations” is substituted therefor.
APPENDIX A.
_______
FORMS AS TO COURTS MARTIAL.
Form of Application for a Court Martial.
Station Date 19
Application for a Court Martial .
Sir,
I have the honour to submit Charge against No. of the under my command, and request you will obtain the sanction of that a Court Martial may be assembled for his trial at
The case was investigated by
The accused is now at
His general character is*
I beg to enclose the following documents:—
1. Charge sheet (in duplicate).
2. ‡ Summary of Evidence.
3. § The accused’s [squadron, battery, or company] conduct sheet.
4. § List of Witnesses for the prosecution, and defence (with their present stations).
5. § Statement as to character, and particulars of service of the accused to be proved by
I have the honour to be,
Sir,
your obedient servant,
Signature of
Commanding Officer .
________________________________________________________________________________
* To be filled in by the commanding officer.
One copy to be sent to the President; one copy to be filed with the application for trial. In cases of desertion, a statement as to whether the accused was apprehended or surrendered should be included in the summary of evidence.
‡ To be sent to the President.
§ (3), (4), and (5). To be returned to the Corps with the notice of trial.
Forms for Assembly of Courts Martial.
no. 1.—general court martial.
orders by commanding the
(
The officers mentioned below will assemble at on the day of
for the purpose of trying by a general court martial the accused person [persons] named in the margin [and such other person or persons as may be brought before them].*
PRESIDENT: §
is appointed president.
MEMBERS:
are appointed members.
WAITING MEMBERS:
are appointed waiting members.
JUDGE-ADVOCATE.
has been [
The accused will be warned and all witnesses duly required to attend.
The proceedings will be forwarded to
‡ Signed this day of
Commanding the
_______________________________________________________________________________
*
“
§ The President, Members, Waiting Members, and Judge-Advocate must be named, and their ranks and regiments or corps stated.
‡ The convening officer must sign the order personally.
no. 2.—general court martial.
(When convened by the Military Board.)
(Place).
(Date).
The officers mentioned below will assemble at on the day of
for the purpose of trying by general court martial the accused person [persons] named in the margin [and such other person or persons as may be brought before them].*
PRESIDENT:§
is appointed president.
MEMBERS:
are appointed members.
WAITING MEMBERS:
are appointed waiting members.
JUDGE-ADVOCATE.
has been [
The accused will be warned and all witnesses duly required to attend.
The proceedings will be forwarded to
Signed this day of
Adjutant-General.‡
For and on behalf of the Military Board.
_______________________________________________________________________________
*
‡
§ The President, Members, Waiting Members, and Judge-Advocate must be named, and their ranks and regiments or corps stated.
NO. 3.—DISTRICT COURT MARTIAL.
orders by commanding the
(
The officers mentioned below will assemble at on the day of for the purpose of trying by district court martial the accused person [persons] named in the margin [and such other person or persons as may be brought before them].*
PRESIDENT:§
is appointed president.
MEMBERS:
are appointed members.‡
The accused will be warned and all witnesses duly required to attend.
The proceedings will be forwarded to
Signed this day of
A.B.,
Commanding the
_____________________________________________________________________________
*
‡
§ The President and members must be named, and their ranks and regiments or corps stated.
The convening officer must sign the order personally.
NO. 4.—REGIMENTAL COURT MARTIAL.
orders by commanding the
(
The officers mentioned below will assemble at on the day of for the purpose of trying by regimental court martial the accused person [persons] named in the margin [and such other person or persons as may be brought before them].
PRESIDENT:§
is appointed president.*
MEMBERS:
are appointed members.
The accused will be warned and all witnesses duly required to attend.
The proceedings will be forwarded to
Signed this day of
A.B.,
Commanding the
______________________________________________________________________________
*
If the ship is not His Majesty’s ship insert “not.”
§ The President and members must be named, and their ranks and regiments or corps stated.
______
Form of Summons.
To
Whereas
a court
martial has been ordered to assemble at on the day of 19 , for the trial of of
the regiment
[corps], I do hereby summon and require you
Given under my hand at on the day of 19 .
President of the Court.
Medical Officer’s Certificate.
I certify that No. Regiment is in a state of health and to undergo imprisonment or detention, and with or without hard labour; and that his present appearance and previous medical history both justify the belief, that hard labour employment will neither be likely to originate nor to reproduce disease of any description.
_______
FORMS OF WARRANTS, ETC.
Form A.
Whereas
[No., rank, name], of the regiment, was by [field] general
court martial, held at convicted of the offence of (
Now,
therefore, I, the undersigned, the (
And I do hereby, in pursuance of the above-mentioned Acts and powers, order the Governor or chief officer of any such prison to whom the convict is brought to receive him into his custody, and detain him accordingly, and for so doing this shall be sufficient warrant.
Signed at this day of 19 .
……………………………………….
______________________________________________________________________________
(
(
(
(
(
Form B.
Warrant for Commitment to Prison in the Commonwealth of a Military Convict Sentenced Outside the Limits of the Commonwealth to Penal Servitude.
Whereas
[No., rank, name], of the regiment, was by [field] general
court martial held at , convicted of the offence of (
Now,
therefore, I, the undersigned, the (
And I do hereby, in pursuance of the above-mentioned Acts and powers, order the Governor or chief officer of any such prison as aforesaid to whom the convict is brought to receive him into his custody, and detain him accordingly, and for so doing this shall be sufficient warrant.
And
for the above purpose I, the undersigned, do hereby, in pursuance of the
above-mentioned Acts and powers, order that this convict be removed in military
custody by [
And I do hereby, in pursuance of the above-mentioned Acts and powers, order the person in charge of any place of detention, or detention barrack, and also the Governor or chief officer of any prison, military or civil, to whom the convict is brought to receive the said convict, and detain him so long as appears reasonably necessary with a view to his said removal, and to deliver him when required for the purpose of such removal, and for so doing this shall be sufficient warrant.
Signed at this day of 19 .
…………………………………….
Whereas for the purpose of better carrying into effect
the above warrant for the removal of the above-mentioned convict to the State
of ,
it is necessary to alter the route above mentioned, I, the undersigned, the (
Signed at this day of 19 .
……..………………………………..
(
(
(
(
(
(
For
the purpose of carrying into effect the above order, I, the undersigned, being
(
Signed at this day of 19 .
…………………………………………
_______________________________________________________________________________
(
_________
Form C.
Warrant for Commitment to Prison or Place of Detention of Persons Sentenced by Court Martial either in or out of the Commonwealth to Imprisonment under the Defence Act 1903-1917.To the Governor or Chief Officer in Charge of (
a ) Prison (or Place of Detention) at
Whereas
[No., rank, name], of the regiment, was by a (
Now,
therefore, I, the undersigned, the (
Signed at this day of 19 .
…………………………………….
________________________________________________________________________________
(
(
(
(
(
(
______
Form d.
Whereas
[name, No., rank], of the regiment, was by a (
______________________________________________________________________________
(
(
day of 19 , sentenced (
Now, therefore, I, the
undersigned, the ,
being the committing authority, do hereby, in pursuance of the
And I do hereby, in pursuance of the said Acts and powers, order the Governor or chief officer of any such prison or place of detention as aforesaid to whom the above soldier is brought, to receive the soldier into his custody, and detain him accordingly, and for so doing this shall be sufficient warrant.
And I do hereby, in pursuance of the said Acts and powers, further order that the said soldier shall be conveyed in military custody, and detained in military custody, or in a prison, military or civil, or a place of detention, so far as appears necessary or proper for effecting his removal to the said prison or place of detention in Australia.
Signed at this day of 19 .
…………………………….
For
the purpose of carrying into effect the above order, I, the undersigned, a
committing authority, do hereby, in pursuance of the
Signed at this day of 19 .
…………………………..
I,
the undersigned, a committing authority, do hereby, in pursuance of the
And I do hereby order the governor or chief officer of that prison or place of detention to receive him, and for so doing this shall be sufficient warrant.
Signed at this day of 19 .
………………………….
________________________________________________________________________________
(
(
(
Form E.
To the Chief Officer in Charge of the Place of Detention at
Whereas
[No., rank, name], of the regiment, was by a (
Now,
therefore, I, the undersigned, the (
Signed at this day of 19 .
……………………….…………………………….
___________________________________________________________________________________________________________________________________________________
(
(
(
(
(
—————
Form F.
Whereas
[name, No., rank], of the regiment, was by a (
Now,
therefore, I, the undersigned, the being
the committing authority, do hereby, in pursuance of the
And I do hereby, in pursuance of the said Acts and powers, order the commandant or chief officer of any such place of detention as aforesaid to whom the above soldier is brought to receive the soldier into his custody and detain him accordingly, and for so doing this shall be sufficient warrant.
________________________________________________________________________________
(
(
(
(
And I do hereby, in pursuance of the said Acts and powers, further order that the said soldier shall be conveyed in military custody, and detained in military custody, or in a place of detention, so far as appears necessary or proper for effecting his removal to the said place of detention in Australia.
Signed at this day of 19 .
………………………………
For
the purpose of carrying into effect the above order, I, the undersigned, a
committing authority, do hereby, in pursuance of the
Signed at this day of 19 .
…………………………………..
I, the undersigned, a committing authority, do hereby,
in pursuance of the
And I do hereby order the commandant or chief officer of that place of detention to receive him, and for so doing this shall be sufficient warrant.
Signed at this day of 19 .
……………………………..
__________________________________________________________________________
(
a ) This order may be repeated as often as necessary by any authority having power to make it.
______
Form H.
To the Chief Officer in Charge of the Place of Detention at
Whereas [No., rank, name], of the regiment was on the day of , 19 , awarded by his commanding officer detention for the offence of :
Now,
therefore, I, the undersigned, being the commanding officer of the said
soldier, do hereby, in pursuance of the
Signed at this day of 19 .
……………………………………
Form I.
To the Governor or Chief Officer of Prison (or place of detention) at
Whereas [No., rank, name], of the regiment, is now in your custody under sentence of imprisonment by court martial:
I,
the undersigned, being (
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
a ) A discharging authority under Australian Military Regulation 684.
_______
Form J.
To the Chief Officer of the Place of Detention at
Whereas [No., rank, name], of the regiment, is now in your custody under a sentence of detention by court martial:
I,
the undersigned, being (
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
a ) A discharging authority under Australian Military Regulation 664.
_______
Form K.
To the Chief Officer in Charge of the Place of Detention at
You are hereby required to discharge the soldier [No., rank, name], of the regiment, now in your custody undergoing his sentence pursuant to the award of his commanding officer.
Signed at this day of 19 .
……………………………………..
Commanding Officer of the above soldier.
_____
Form L.
To the Governor or Chief Officer of prison (or place of detention) at
Whereas [No., rank, name], of the regiment, is now in your custody undergoing a sentence of imprisonment passed by court martial:
I, the undersigned, being a removing authority under Australian Military Regulation 644, do hereby, in pursuance of the Australian Military Regulations, and of all other powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer bringing this order.
And I do hereby order the said officer or non-commissioned officer, and all other officers and non-commissioned officers into whose custody the said soldier may be delivered, to keep the said soldier in military custody and
bring him
to there to appear before a (
Signed at this day of 19 .
……………………………………..
I, the undersigned, being a removing authority under Australian Military Regulation 664, do hereby, in pursuance of the Australian Military Regulations, and of all other powers enabling me in this behalf, order that the said soldier be forthwith taken in military custody to prison (or place of detention) at , there to undergo the remainder of his sentence.
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
(
Form M.
To the Chief Officer of the Place of Detention at
Whereas
[No., rank, name], of the regiment,
is now in your custody, undergoing a sentence of detention (
I, the undersigned, being a removing authority under Australian Military Regulation 664, do hereby, in pursuance of the Australian Military Regulations and of all other powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer bringing this order.
And
I do hereby order the said officer or non-commissioned officer, and all other
officers and non-commissioned officers into whose custody the said soldier may
be delivered, to keep the said soldier in military custody and bring him to there to appear
before (
Signed at this day of 19 .
……………………………………..
I, the undersigned, being a removing authority under Australian Military Regulation 664, do hereby, in pursuance of the Australian Military Regulations and of all other powers enabling me in this behalf, order that the said soldier be forthwith taken in military custody to the place of detention at , there to undergo the remainder of his sentence.
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
(
(
Form N.
Order for Removal of Person Undergoing Imprisonment by Sentence of Court Martial from one Public Prison to Another, or to a Places of Detention, or from a Place of Detention to Another, or to a Public Prison.
To the Governor or Chief Officer of prison, (or place of detention) at
Whereas [No.—Rank—Name], of the regiment, is now in your custody undergoing a sentence of imprisonment passed by court martial;
I, the undersigned, being a committing authority under Australian Military Regulation 664, do hereby, in pursuance of the Australian Military Regulations and of all other powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer presenting this order.
And I do hereby order the said officer or non-commissioned officer, and all other officers and non-commissioned officers, into whose custody the said soldier may be delivered, to keep the said soldier in military custody and convey him in military custody in such manner as may be directed by military authority, to the prison (or place of detention) at , there to undergo the remainder of his sentence, and for so doing this shall be sufficient warrant.
Signed at this day of 19 .
……………………………………..
______
Form O.
To the Governor or Chief Officer of prison (or place of detention) at
Whereas [No.—Rank—Name], of the regiment, is now in your custody undergoing a sentence of imprisonment passed by court martial:
I, the undersigned,
being a competent military authority, do hereby, in pursuance of the
And I do hereby order
the said officer or non-commissioned officer, and all officers and
non-commissioned officers, into whose custody the said soldier may be
delivered, to keep the said soldier in military custody and to convey him in
military custody in such manner as may be directed by military authority, to
, where the regiment
to which he belongs is serving (
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
a ) If necessary, substitute “under orders to serve.”
Form P.
To the Chief Officer of the Place of Detention at
Whereas
[No.—Rank—Name], of the regiment,
is now in your custody undergoing a sentence of detention passed by court
martial (
I, the undersigned, being a committing authority under Australian Military Regulation 664, do hereby, in pursuance of the Australian Military Regulations, and of all other powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer presenting this order.
And I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers, into whose custody the said soldier may be delivered, to keep the said soldier in military custody and convey him in military custody in such manner as may be directed by military authority, to the place of detention at , there to undergo the remainder of his sentence, and for so doing this shall be sufficient warrant.
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
_____
Form Q.
To the Commandant or Chief Officer of the Place of Detention at
Whereas
[No.—Rank—Name], of the regiment,
is now in your custody undergoing a sentence of detention passed by court
martial (
I,
the undersigned, being a competent military authority, do hereby, in pursuance
of the
And
do hereby order the said officer or non-commissioned officer, and all officers
and non-commissioned officers, into whose custody the said soldier may be
delivered, to keep the said soldier in military custody, and to convey him in
military custody in such manner as may be directed by military authority to ,
where the regiment to which he belongs is serving (
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
(
_____
Form R.
To the
Governor or Chief Officer of prison (or place of detention)
at (
Whereas [No.—Rank—Name], of the regiment, is now a soldier in military custody (under sentence);
Now,
therefore, I, the undersigned, the commanding officer of the said soldier, do
hereby, in pursuance of the
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
Form S.
To the Governor or Chief Officer in Charge of (
b ) prison (or the place of detention) at
Whereas [No.—Rank—Name], of the regiment, is now a person in military custody, charged with an offence triable by court martial;
Now,
therefore, I, the undersigned, being an authority under Australian Military
Regulation 517a, do hereby, in
pursuance of the
You will take care that the said person wears his regimental clothing and necessaries, if any, that he is allowed to exercise during a reasonable portion of each day, in association, if possible, but that he is kept apart from persons undergoing sentences, and that he receives the ordinary rations and messing. He should not be obliged to labour otherwise than by being employed in drill, fatigue, and other duties similar in kind and amount to those he might be called on to perform if not in confinement.
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
a ) This form may be used where the person is awaiting trial or confirmation or promulgation of the sentence.(
b ) Insert “His Majesty’s,” or, as required, according to title of prison.
_____
Form T.
To the Governor or Chief Officer in Charge of a prison (or place of detention) at
I, the undersigned, being an authority under Australian Military Regulation 517a (2), do hereby require you to deliver over the person [No.—Rank—Name], of the regiment, now in your custody, for safe custody, to the officer or non-commissioned officer of the escort herewith attending to receive him.
Signed at this day of 19 .
……………………………………..
Form U.
To
Whereas
[No.—Rank—Name], of the regiment, is now a deserter or
absconder (a person liable to be tried by court martial), I, the undersigned,
being (
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
Form V.
To the person having the custody of the under-mentioned person.
Whereas
[No.—Rank—Name], of the regiment, is now in your
custody as a deserter or absconder (a person liable to be tried by court
martial), I, the undersigned, being (
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
(
______
Form W.
To the Governor or Chief Officer of prison, or,
To the Chief Officer in Charge of the Place of Detention at
Whereas a court martial for the trial of , of which I, the undersigned, am president, was on this day sitting at and of the regiment, was guilty of contempt of such court within the hearing (view) thereof by [here state the offence in the words used in section 89 of the Defence Act], , namely, by [here describe the act of which the person was guilty].
Now, therefore, the said court doth order such offender (to be imprisoned with (without) hard labour) (to undergo detention) for days.
And the court doth order you to receive him into your custody to undergo the said punishment accordingly, and for so doing this shall be your warrant.
Signed at this day of 19 .
……………………………………..
_________________________________________________________________________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
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