Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 231.

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 thirteenth day of May, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

____________________

Amendments of the Australian Military Regulations. 

Modification of A.A. in its application to the Military Forces.

1. Regulation 9 of the Australian Military Regulations is amended in by inserting in paragraph (a) of sub-regulation (2a), after the figures “72”, the figures “122, 123”.

2. Regulations 298a and 299 of the Australian Military Regulations are repealed and the following regulation inserted in their stead:—

“Modification and adaptation of A.A. 48 and 49 and R.P. 19(c) and 106(c).

299. (1) For the purpose of their application to the Military Forces and the members thereof—

(a) A.A. 48 shall be read as if—

(i) paragraphs (1) and (2) were omitted;

(ii) for the words ‘held a commission’ in paragraphs (3) and (4) respectively there were substituted the words ‘been an officer’;

(iii) the word ‘whole’ were omitted from each of those paragraphs;

_________________________________________________________________________________

* 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; 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 and 211.

398.—Price 3d.

 

(iv) for the words in paragraph (10) specified in the first column of the following table there were substituted the words specified opposite thereto in the second column of that table:—

‘this Act’ (first occurring)..............................................................	‘the Defence Act of the Commonwealth of Australia’
‘Army Council’..............................................................	‘Military Board of the Commonwealth of Australia’
‘air force authority’..............................................................	‘Royal Australian Air Force authority’
‘air force officer’ (wherever occurring)..............................................................	‘officer of the Royal Australian Air Force’
‘air force officers’..............................................................	‘officers of the Royal Australian Air Force;

(b) A.A. 49 shall be read as if for the words ‘United Kingdom’ there were substituted the word ‘Commonwealth’;

(c) Rule of Procedure 19 (C) shall be read—

(i) as if for the words ‘held a commission’ there were substituted the words ‘been an officer’; and

(ii) as if the word ‘whole’ (wherever occurring) were omitted; and

(d) Rule of Procedure 106 (C) shall be read as if for the words ‘held commissions’ (wherever occurring) there were substituted the words ‘been officers’.”.

Powers under A.A.

3 Regulation 301 of the Australian Military Regulations is amended by omitting sub-regulation (1).

4. After regulation 301 of the Australian Military Regulations the following regulation is inserted:—

“Modification of R.P. 63 and adaptation of R.P. 105A.

301a. For the purpose of their application to the Military Forces and the members thereof—

(a) R.P. 63 shall be read as if next after the word ‘instruction’ there were inserted the words ‘, but the judge advocate shall not be present when the members of the Court are deliberating upon the finding on the charges’; and

(b) R.P. 105 (a) (i) shall be read as if for the words ‘United Kingdom’ there were substituted the word ‘Commonwealth’”.

Judge-advocate.

5. Regulation 306 of the Australian Military Regulations is amended by omitting from sub-regulation (6) all the words from and including “or any other power” to the end of that sub-regulation.

 

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