Australian Military Regulations 1916 (Amendment) (Cth)

STATUTORY RULES.

1917. No. 238.

 

REGULATION UNDER THE DEFENCE ACT 1903-1915.

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

Dated this nineteenth day of September, 1917.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

After Regulation 488 of the Australian Military Regulations 1916 (Statutory Rules 1916, No. 166) the following new Regulation 488a is inserted:—

488a. In proceedings against a member of the Military Forces in respect of a Naval or Military offence, whether before a Civil Court or a Court Martial, the following provisions shall apply, but nothing in this regulation contained shall be construed as in any way restricting the effect of section 88 of the Act:—

(a) The attestation paper purporting to be signed by a person on his being enlisted in the Military Forces or the agreement purporting to be signed by any member of such Forces on his re-engagement to serve therein for a further period or a copy of such attestation paper or agreement purporting to be certified to be a true copy by the officer having the custody of the original (and without proof of the handwriting of such officer or of his having such custody) shall be primary evidence of such person or member having given the answers to questions which he is therein represented as having given.

(b) The enlistment of a person in the Military Forces may be proved by the production of the attestation paper purporting to be signed by him or a copy thereof purporting to be certified to be a true copy by the officer having the custody of the original without proof of the handwriting of such officer or of his having such custody.

C.7846.—Price 3d.

 

(c) A letter return or other document respecting the service of any person in or the discharge of any person from any portion of the Defence Force or any portion of other His Majesty’s Forces or respecting a person not having served in or belonged to any portion of the Defence Force or any portion of other His Majesty’s Forces if purporting to be signed by or on behalf of one of His Majesty’s principal Secretaries for State or of the Commissioners of the Admiralty or by or on behalf of the Minister of State for Defence or by or on behalf of the Minister of State of any British colony or of the Military Board or the Naval Board or by the commanding officer of any portion of the Defence Force or of other His Majesty’s Forces or any of His Majesty’s ships whether Imperial or Colonial to which such person appears to have belonged shall be evidence of the facts stated in such letter, return or other document.

(d) A list of officers of the Australian Military Forces purporting to be printed by the Government Printer or the Gazette shall be primary evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the corps or battalion or arm or branch of the service to which such officers belong.

(e) A copy of any Military or District or other order of any Military authority purporting to be printed by the Government Printer or to be certified to be a true copy by the officer having the custody of the original shall be admissible as primary evidence without proof of the handwriting of such officer or of his having such custody.

(f) When a record is made in any book or other document in pursuance of these Regulations or otherwise in pursuance of military duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts thereby stated.

(g) A copy of any such record purporting to be certified to be a true copy by the officer having the custody of such book or other document shall be primary evidence of such record without proof of the handwriting of such officer or of his having such custody.

(h) When the proceedings are proceedings, against an officer or soldier on a charge of being a deserter or an absentee without leave and the officer or soldier has surrendered himself into the custody of or been arrested by a provost marshal, assistant provost marshal or other officer or any portion of the Defence Force, or any portion of other His Majesty’s Forces, a certificate purporting to be signed by the provost marshal, assistant provost marshal or other officer or the commanding officer of the portion of the Defence Force or of other His Majesty’s Forces to whom the surrender or by whom the arrest was made and stating the fact, date, and place of the surrender or arrest shall be primary evidence of the matters so stated.

 

(i) When the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave and the officer or soldier within or without the limits of the Commonwealth has been delivered into military custody by a police officer a certificate, purporting to be signed by that police officer, and stating the fact, date, and place of the surrender or arrest of the officer or soldier shall be primary evidence of the matters so stated.

(j) Where the proceedings are under section 74 of the Act a certificate purporting to be a certificate of the birth of a person of the same name as the accused person shall be admissible in evidence without proof of the identity of the person named in such certificate and the accused person, and such identity shall be presumed until the contrary be shown.

 

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