Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 334.

 

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-fourth day of July, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

Definitions.

1. Regulation 3 of the Australian Military Regulations is amended by omitting the detention of “Military Board” and inserting in its stead the following definition:—

“‘Military Board’ means the Military Board constituted in pursuance of section 28 of the Defence Act;”.

Delegations.

2. Regulation 11 of the Australian Military Regulations is amended—

(a) by inserting, after sub-regulation (2), the following sub-regulation:—

“(2a) Where an officer is appointed to command the Military Forces in time of war, that officer may, in relation to any matters or class of matters or in relation to any particular part of Australia, by writing under his hand, delegate all or any of the powers and functions vested in him by virtue of that appointment so that the delegated powers and functions may be exercised or performed by the delegate, with respect to the matters or class of matters, or the part of Australia, specified, in the instrument of delegation.”;

(b) by adding at the end of sub-regulation (3.) the words “or by the officer appointed to command the Military Forces in time of war (as the case may be)”; and

 

* Notified in the Commonwealth Gazette on , 1942.

  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 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; and 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260, 311 and 333.

 

(c) by adding at the end of sub-regulation (4.) the words “, or by reason of the officer by whom the delegation was made ceasing, whether by death or otherwise, to hold the appointment to command the Military Forces; but a delegation by the Military Board may be cancelled by an officer appointed to command the Military Forces in time of war”.

3. Regulation 13 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Power of officer commanding Military Forces in time of war.

“13.—(1.) Upon the appointment of an officer to command the Military Forces in time of war—

(a) every power and function which, under any regulation made under the Defence Act, may be exercised or performed by the Military Board, and every act and thing which, under any regulation made under the Defence Act, may be done by, to, before or on the recommendation of, the Military Board, may, and

(b)every act and thing which, by any regulation made under the Defence Act, is required to be done by, to, before, or on the recommendation of the Military Board, shall,

be exercised, performed or done by, to, before, or on the recommendation of, that officer, and the Military Board shall cease to exist and shall not be in existence during any period in which an officer appointed to command the Military Forces in time of war holds office:

Provided that the Chief of the General Staff, the Adjutant-General, the Quartermaster-General, the Master-General of the Ordnance, and the Finance Member (who shall be designated as the Chief Finance Officer) shall, subject to any directions issued by the officer appointed to command the Military Forces in time of war, have, and may exercise and perform the like powers and duties as they could severally exercise and perform when the Military Board was in existence.

(2.) For the purposes of this regulation, and everything consequential on its operation, references in these Regulations to the Military Board shall be read as references to the officer appointed to command the Military Forces in time of war.”.

Operation of Orders, &c.

4. Regulation 14 of the Australian Military Regulations amended by adding at the end thereof the words and any committee appointed by the Military Board shall continue in existence as if it had been appointed by that officer.”.

 

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