Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 333.

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.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

Subdivision of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by inserting, after the words and figures “Division 4.—Disclosure of member’s military history . . . 770”, the words and figures “Division 4a.—Records in time of war . . .770a”.

Military districts.

2. Regulation 41 of the Australian Military Regulations Orders is amended—

(a) by omitting from the description of 2nd Military District in sub-regulation (1) the words “that portion of the 2nd Infantry Division area which extends into the State of Victoria,” and inserting in their stead the words “Norfolk Island”; and

(b) by omitting the description of 3rd Military District in that sub-regulation and inserting in its stead the following description:—

“The State of Victoria, together with that part of New South Wales consisting of the Shires of Holbrook, Culcairn, Lockhart, Urana, Jerilderie, Conargo, Windouran, Wakool, Hume, Coreen, Berrigan and Murray, the County of Caira (excluding that part thereof which is included in the Shire of Waradgery) and the Counties of Taila, Wentworth, Tara, and Windeyer, together with all cities, municipalities and towns contained within the outer boundaries of the area thus defined or situated on the Murray River within the State of New South Wales.”.

 

*Notified in the Commonwealth Gazette on , 1942.

 Statutory Rules 1927, No. 149, as amended by Statutory Rules 1923, 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 and 311; and 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, and 289.

(c) by omitting the description of 4th Military District in that sub-regulation and inserting in its stead the following description:—

“The State of South Australia together with the Counties of Menindee, Yancowinna and Farnell in the State of New South Wales.”.

(d) by omitting the description of 7th Military District in that sub-regulation and inserting in its stead the following description:—

“The Northern Territory of Australia.”.

Discharge of soldiers enlisted under Part IV. of D.A.

3. After regulation 184 of the Australian Military Regulations the following regulation is inserted:—

“184a.—(1.) A soldier enlisted in pursuance of the provisions of Part IV. of the D.A. may be discharged under this regulation from the Military Forces for any of the following reasons, that is to say—

(a) for the purpose of being appointed to commissioned rank; or

(b) for the purpose of being enlisted in or appointed to, or commissioned in the Royal Australian Navy or the Royal Australian Air Force; or

(c) for the purpose of enlisting in any Expeditionary Force raised or being raised for service outside the Commonwealth; or

(d) when permanently medically unfit for service; or

(e) when his liability to serve no longer exists; or

(f) when found to be not suitable for any military service; or

(g) if he has, before appointment or enlistment, been convicted by a civil court for an offence involving dishonesty or physical violence; or

(h) if he is sentenced during his service to penal servitude or imprisonment by a civil court or court-martial.

(2.) A soldier discharged for any of the reasons specified in paragraphs (a), (b), (c), (d), (f), (g) or (h) of sub-regulation (1.) who would otherwise be serving or liable to serve under Part IV. of the D.A. may, notwithstanding that discharge, be called upon to enlist and serve in accordance with the provisions of D.A.60 and these Regulations.”.

Who may authorize.

4. Regulation 185 of the Australian Military Regulations is amended by adding at the end of paragraph (a)of sub-regulation (2.) the following sub-paragraph:—

“(v) any officer, not below the rank of Lieutenant-Colonel, on the staff of a formation, &c., commander, empowered by that formation, &c., commander, or”.

Certificate of discharge.

5. Regulation 190 of the Australian Military Regulations is amended by omitting the words “voluntarily enlisted”.

Minor punishment in addition to detention.

6. Regulation 256 of the Australian Military Regulations is amended by inserting in paragraph (8) after the word “punishment” the words “, other than a fine,”.

Insanity. Adaptation of A.A. 120 (5).

7. Regulation 352 of the Australian Military Regulations is amended by adding at the end of sub-regulation (8) the following paragraphs:—

“and (d) as if next after the word “Burma,” (second occurring) there were inserted the words ‘and in the case of a person confined in the Commonwealth of Australia, the Governor-General of the Commonwealth,’; and

(e) as if next after the word ‘Burma,’ (third and fourth occurring) there were inserted the words ‘the Commonwealth of Australia,’.”

8. After regulation 770 of the Australian Military Regulations the following heading and regulation are inserted:—

“Division 4a.—Records in Time of War.

Records of members of the Military Forces in time of war.

“770a.—(1.) Notwithstanding anything contained in these Regulations, in time of war, all records relating to members of the Military Forces shall be organized, kept and maintained, in such manner as is determined from time to time by the Military Board.

(2.) For the purposes of this regulation ‘records’ shall mean all documents of whatsoever description directed by the Military Board to be used to record any entry, minute or information relating to or concerning the personal history of members of the Military Forces.”.

 

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