Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 72.

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 twenty-third day of March, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

 

F. M. FORDE

Minister of State for the Army.

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Amendments of the Australian Military Regulations.

Modification of R.P. in their application to Military Forces.

1. Regulation 9 of the Australian Military Regulations is amended by inserting in sub-regulation (2b), before the figures “88”, the figures and letter “53a,”.

Precedence of Corps.

2.Regulation 68 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “The Australian Army Ordnance Corps,”, the words—

“The Corps of Australian Electrical and Mechanical Engineers,

The Australian Army Catering Corps,”.

When discharge requiring confirmation takes effect.

3.Regulation 188 of the Australian Military Regulations is amended by adding at the end of sub-regulation (1.) the words “or from such later date as the confirming authority directs”.

False statements to secure exemption, leave, etc.

4. Regulation 203a of the Australian Military Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Any averment by the prosecution that the statement or representation attributed to the accused was false and was made with intent to deceive shall be prima facie evidence of such falsity and intent.”.

 

* Notified in the Commonwealth Gazette on 25th March, 1943.

 Statutory Rules 1927, No. 149, an 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. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; and 1943, No. 17.

 

Fines to defray loss, &c., not on war service.

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

(a) by omitting from paragraph (f) of sub-regulation (2.) the words “Subject to sub-regulation (10.) of this regulation, for” and inserting in their stead the word “For”;

(b) by omitting from that paragraph the words “sufficient to make good ” and inserting in their stead the words “, not exceeding Five pounds, for the purpose of defraying the whole or part of”; and

(c) by omitting sub-regulation (10.).

6. Regulation 290 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Attestation on which a soldier fraudulently enlisted is to serve.

“290.—(1.) When a soldier who has fraudulently enlisted is held to serve, he may, by direction of a competent military authority, be required to serve on his last or on any prior attestation on which he remains liable to serve:

“Provided that, when a soldier is required to serve on any attestation other than the first attestation on which he remains liable to serve, no service prior to the attestation on which he is required to serve shall count towards discharge.

“(2.) For the purposes of this regulation, ‘a competent military authority’ means the Military Board, the Adjutant-General, a formation, &c., commander, or the officer in chief command of a body of the Military Forces out of the Commonwealth.”.

Composition of court material.

7. Regulation 303 of the Australian Military Regulations is amended—

(a) by omitting the words “and not to” and inserting in their stead the words “Forces or”; and

(b) by omitting the word “Citizen” (last occurring).

Documentary evidence.

8. Regulation 388 of the Australian Military Regulations is amended by inserting in paragraph (i), after the words “officer or soldier” (last occurring), the words “and the fact and date of the delivery of the officer or soldier into military custody”.

9. After regulation 595 of the Australian Military Regulations the following regulation is inserted:—

Deputy Chaplains-general.

“595A.—(1.) If, in time of war, any chaplain-general is not engaged on full time duty, the Military Board, on the recommendation of that chaplain-general, may appoint a deputy chaplain-general to act for him:

Provided that, if that chaplain-general becomes engaged on full time duty, the appointment of his deputy chaplain-general shall be terminated by the Military Board forthwith.

“(2.) The classification of a deputy chaplain-general shall, for precedence, correspond with the rank of Major-General.

“(3.) Deputy chaplains-general shall have precedence and command in accordance with A.M.R. 53.”.

 

10. Regulation 785 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Debts to messes, &c.

“785.—(1.) The amount of any regimental debt owing by an officer or soldier may, with the approval of the formation, &c., commander, be deducted from any pay and allowances due, or to become due, to the officer or soldier.

“(2.) In this regulation, ‘regimental debt’ means any debt owing to a naval, military or air force mess, canteen or institute.”.

11. Regulation 799 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Forfeiture of war medals.

“799. The Military Board may, in its discretion, order to be forfeited any war medal, awarded to any person in connexion with his service in the Australian Military Forces, which is in his possession or to which he is entitled, if—

(a) in the case of an officer—

(i) he is, by sentence of court-martial, sentenced to death, cashiered or dismissed from His Majesty’s Service or from the Defence Force;

(ii) he is, by sentence of a civil court, sentenced to death, penal servitude or imprisonment; or

(iii) his commission is cancelled for misconduct; and

(b) in the case of a soldier, he is—

(i) by sentence of court-martial, sentenced to death, penal servitude, imprisonment, discharge with ignominy from His Majesty’s Service or discharge from the Defence Force; or

(ii) by sentence of a civil court, sentenced to death, penal servitude or imprisonment.”.

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