Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 19.

 

REGULATION UNDER THE DEFENCE ACT 1903-1941.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1941.

 

Dated this sixteenth day of February, 1945.

HENRY

Governor-General.

 

By His Royal Highness’s Command,

F. M. FORDE

Minister of State for the Army.

 

Amendment of the Australian Military Regulations. 

Regulation 338 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (3) the word “If” (first occurring) and inserting in its stead the words, symbols and figures “Subject to sub-regulations (3a) and (3b) hereof, if ”; and

(b) by inserting, after sub-regulation (3), the following sub-regulations:—

“(3a) If, after confirmation has been completed, it appears to an authority having power under this regulation to quash the finding of a court martial that, in respect of any one or more of the particulars of the offence, the finding is not supported by the evidence or is invalid on any other ground, that finding, in so far as it relates to that particular or those particulars, shall be

 

* Notified in the Commonwealth Gazette on 22nd February, 1945.

  S. R. 1927, No. 149, as amended by S. R. 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44, and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 128, 134, 160 and 173: 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 278; 1941, Nos. 3, 4, 14, 48, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 281, 289, 383, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556: 1943, Nos. 17, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; and 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164.

2753.—Price 3d.

 

quashed by that authority, and if the remaining particulars to which the finding relates are, in the opinion of that authority, sufficient to support a conviction for the offence, the conviction shall be valid.

(3b) If the finding in so far as it relates to any one or more particulars is quashed under sub-regulation (3a) of this regulation, the authority so quashing shall mitigate, remit or commute the punishment awarded as seems just, having regard to the finding after that quashing, and the punishment as so modified shall be as valid as if it had been an original award only in respect of the finding after the quashing.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.