Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 154.

 

REGULATIONS 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 Regulations under the Defence Act 1903-1941.

Dated this eighteenth day of October, 1944.

W. DUGAN.

Administrator.

By His Excellency’s Command,

(sgd.) F. M. FORDE.

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

Temporary rank.

1. Regulation 48 of the Australian Military Regulations is amended by inserting after the word “temporary” the words “or acting”.

Who may reduce a W.O. or N.C.O. (Peace and War Service).

2. Regulation 161 of the Australian Military Regulations is amended by omitting sub-regulation (2) thereof and inserting the following sub-regulation in its stead:—

“(2) For the purpose of its application to the Military Forces, A.A. 183 shall be read—

(a) as if in sub-section (2), after the words “Army Council” wherever they occur, there were inserted the words “or the Military Board of the Commonwealth of Australia”, and after the words “commanding in chief” there were inserted the words “or commanding a body of the Military Forces of Australia”;

 

* Notified in the Commonwealth Gazette on , 1944.

 Statutory Rules and 1927, No 149, as amended by Statutory Rules 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, 123, 134, 160, and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272, and 273, 1941, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 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, 71, 72, 114, 120, and 122.

5505.—Price 3d. 9/31.8.1944.

 

(b)as if sub-section (3) were omitted and the following subsection inserted in its stead:—

“(3) A non-commissioned officer, including an acting or lance non-commissioned officer, may, by the sentence of a court-martial, be ordered—

(a) to be reduced to the ranks or to any lower grade, or

(b) to be reverted to his permanent rank,

or both, or to forfeit seniority of rank, either in addition to or without any other punishment, in respect of an offence:”; and

(c) as if in sub-section (4) there were inserted after the words “non-commissioned officer” the words “, including an acting or lance non-commissioned officer,”, and after the word “reduced” the words “or reverted”.

3. Regulation 165 of the Australian Military Regulations is omitted and the following regulation inserted in its stead:—

W. O. reduced to the ranks (Peace and War Service).

“165. Except in time of war, a W.O. reduced to the ranks shall not be required to serve in the ranks as a private soldier—

(a) in the Citizen Forces, unless service is demanded of him under Part XII. of the D.A.; or

(b) in the Permanent Forces.”.

Discharge of soldier enlisted under the D.A.

4. Regulation 184a of the Australian Military Regulations is amended by omitting paragraph (n) of sub-regulation (1) and inserting in its stead the following paragraphs:—

“(n) on account of demobilization; or

(o) for the purpose of being enrolled as a member of the Corps of Staff Cadets; or

(p) because he has made a false answer on attestation; or

(q)because his services, for any reason deemed sufficient by the Military Board, are no longer required.”.

Modifications and adaptations of A.A. 44.

5. Regulation 216 of the Australian Military Regulations is amended—

(i) by inserting in sub-paragraph (i) of paragraph (a) after the word “rank” the words “, or acting rank, or both,”; and

(ii) by inserting after sub-paragraph (i) of paragraph (b)the following sub-paragraphs:—

“(ia) As if paragraph (m)were omitted and the following paragraph were inserted in its stead:—

‘(m) In the case of a non-commissioned officer, including an acting or lance non-commissioned officer—

(i) reduction to the ranks or to a lower grade, or

(ii) reversion to permanent rank, or both, or forfeiture, in the prescribed manner, of seniority of rank;’; and

 

(ib) As if in paragraph (mm) there were inserted after the worlds ‘non-commissioned officer’ the words ‘, including an acting or lance noncommissioned officer,’; and”; and

(iii) by inserting in paragraph (v) of sub-paragraph (c) after the words “or reduction in grade or rank or classification” the words “, or reversion to permanent rank,”.

Scale of punishment for purpose of commutation.

6. Regulation 254 of the Australian Military Regulations is amended by inserting in paragraph (b), after the words “Field punishment (on active service only).”, the words “Reduction to the ranks.”.

Minor punishments.

7. Regulation 256 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (g) of sub-regulation (2) the words “N.C.O. or”;

(b) by adding at the end of paragraph (aa)of sub-regulation (5) the words and figures “or a deduction from ordinary pay allowed to be made by a C.O. by A.A. 138 (4) but not exceeding the sum of £3.”;

(c) by inserting after paragraph (d) of that sub-regulation the following paragraph:—

“(da)For an offence committed on war service by a N.C.O. of the Permanent Forces or Citizen Forces—A deduction from ordinary pay allowed to be made by a C.O. by A.A. 138 (4) but not exceeding the sum of £5.”;

(d) by inserting in sub-regulation (8) after the word “fine” the words “or a deduction from ordinary pay”.

Power of company, &c., commander.

8. Regulation 260 of the Australian Military Regulations is amended by inserting after paragraph (b) of sub-regulation (1) the following paragraph:—

“(ba)On a private soldier of the Permanent Forces or Citizen Forces on war service—A deduction from ordinary pay allowed to be made by a C.O. by A.A. 138 (4) but not exceeding the sum of £3”.

9. Regulation 266a of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Modification of a.a. 47.

“266a. For the purpose of its application to the Military Forces A.A. 47 shall be read as if—

(a) in paragraph (a)(first occurring) of sub-section (2) after the word “rank” there were inserted the words “or classification “, and

(b) in sub-section (3) the words “or a reprimand” were omitted and the words “areprimand, or any deduction authorized by this Act to be made from the ordinary pay of the accused but not exceeding the sum of £5,” were inserted in their stead.

 

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