Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 17.

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 fourteenth day of January, 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.

Adaptations of A.A. and R.P.

1. Regulation 239 of the Australian Military Regulations is amended by inserting in sub-regulation (2), after clause (i) of sub-paragraph (c), the following clause:—

“(ia) in sub-section (2), next after the words ‘commanding officer’ in paragraph (c), there were inserted the words ‘, but not exceeding the sum of Five pounds’”.

Disposal of charges by one summary award.

2. After regulation 249 of the Australian Military Regulations the following regulation is inserted:—

“249a. All existing charges against a soldier shall, except as provided by A.M.R. 245, be investigated by a C.O. at the one time, and he may make one award only in respect of all the charges of which the soldier is found guilty.”.

Adaptation and modification of A.A. (War Service)—A.A. 137.

3. Regulation 291 of the Australian Military Regulations is amended by inserting, after sub-paragraph (i) of paragraph (b), the following sub-paragraph:—

“(ii) as if there were added at the end of paragraph (2) the words ‘or by the authority who dealt summarily with the charge in respect of that offence’”.

 

* Notified in the Commonwealth Gazette on 21st January, 1943.

 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; 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 178; 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; and 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556.

 

Petition by person convicted by court martial. (Peace and war service.)

4.Regulation 341 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) A person who has forwarded a petition pursuant to sub-regulation (1) of this regulation shall not forward any further petition in respect of the same finding or sentence unless the matters raised in the further petition are substantially different from those contained in any previous petition.”.

Insanity. Modifications of A.A. 130 (5).

5. Regulation 352 of the Australian Military Regulations is amended by omitting from paragraph (a) of sub-regulation (8) the words “‘undergoing detention’” and inserting in their stead the words “‘detention’ (first and second occurring)”.

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