Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 122.

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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 twenty second day of August, 1944.

Governor-General.

By His Excellency’s Command,

(Sgd.) F. M. FORDE

Minister of State for the Army.

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Amendment of the Australian Military Regulations.  

Proceedings of courts of inquiry not under A.M.R. 276 and boards.

Regulation 391 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

“391. The proceedings of a court of inquiry (not being a court of inquiry under A.M.R. 276) or of a board, or any confession or statement made at, or any answer to a question given at, any such court of inquiry or board shall not be admissible in evidence against an officer or soldier before a court martial or before a civil court in a prosecution for an offence for which he could have been tried by court martial; nor shall any evidence respecting the proceedings of such a court of inquiry or board be given against an officer or soldier before a court martial or before a civil court in a prosecution for an offence for which he could have been tried by court martial, except upon the trial of an officer or soldier for an offence against A.M.R. 204 or A.A.29, or otherwise for wilfully giving false evidence before that court of inquiry or board, or for any offence committed before that court of inquiry or board, 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 make a solemn declaration legally ordered to be taken or made, or to answer any question or to produce any document which, if the

 

* Notified in the Commonwealth Gazette on , 1944.

  Statutory Rules 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; 1938, Nos. 49 and 77; 1934, Nos. 26 and 80; 1925, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, Nos. 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. 3, 4, 14, 43, 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, 217, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 71, 72 and

4470.—Price 3d.   9/17.7.1994.

 

proceeding before the court of inquiry or board were a judicial proceeding, the officer or soldier could legally be required to answer or produce:

Provided that, if at the trial of an officer or soldier the proceedings or any part of the proceedings of a court of inquiry or board are put in evidence on behalf of the officer or soldier, or any question with reference to the contents of those proceedings is put on behalf of the officer or soldier to and answered by any witness, the prosecutor may use those proceedings at the trial for the purposes, and to the extent, if any, for and to which he could have used them, if this regulation did not exist.”.

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