Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 44.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*

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 1903-1939.

Dated this twenty-sixth day of February, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

1. Regulation 9 of the Australian Military Regulations is amended by inserting, after sub-regulation (2), the following sub-regulations:—

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

“(2a) For the purposes of the application of the Army Act to and in relation to the Military Forces and the members thereof, the provisions of that Act shall, in addition to such modifications thereof as are prescribed elsewhere in these Regulations, be modified—

(a) as if Parts II. and III. and the following sections and Schedules were omitted:—

Sections 32, 33, 42, 43, 69, 71, 72, 124, 125, 126, 134, 141, 142, 143, 144, 145, 146, 147, 153, 153a, 156, 156a, 161, 165, 169, 173, 174, 174a, 175, 176, 177, 178, 179, 179a, 179b, 180, 181, 184a, 184b, 186 and 187 and the First, Second and Sixth Schedules;

   

* Notified in the Commonwealth Gazette on 27 February, 1941.

  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, 113, 123, 134, 160 and 173; and 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199 and .

(b) as if the sections specified in column 1 of the following table were amended to the extent specified in column 2 of that table:—

Column 1.	Column 2.
Section of Act.	Extent of Modification.
30.................................................	Omit paragraphs (3), (6) and (7)
31.................................................	Omit paragraphs (1) to (7) (both inclusive)
46.................................................	Omit sub-sections (3) and (7)
129.................................................	Omit paragraphs (2) and (3)
137.................................................	Omit paragraph (1)
138.................................................	Omit paragraphs (4a) and (8)
155.................................................	Omit paragraph (3)
182.................................................	Omit paragraph (3)
189.................................................	Omit sub-sections (2) to (6) (both inclusive)
190.................................................	Omit paragraphs (9) and (12)

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

“(2b) Rules 88, 98, 99, 124, 125, 125a, 127, 128, 130, 134aand 136 of the Rules of Procedure shall not apply to or in relation to the Military Forces and the members thereof”.

W.O. reduced to the ranks (Peace and war service).

2. Regulation 165 of the Australian Military Regulations is amended by omitting sub-regulation (2).

Repeal of regulation 195.

3. Regulation 195 of the Australian Military Regulations is repealed.

Adaptations of A.A. and R.P.

4. Regulation 196 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (a) the word “and”; and

(b) by adding at the end thereof the following paragraphs:—

“(c) Any reference to an officer or soldier of the regular forces shall, except as provided in regulation 291 of these Regulations, be read as including a reference to an officer or soldier of the Permanent Military Forces when on war service or deemed to be on war service, whether within or without the limits of the Commonwealth;

“(d) References to a superior court shall be read as including a reference to any court exercising ordinary criminal jurisdiction in any State or Territory of the Commonwealth; and

“(e) References to a court of summary jurisdiction shall be read as including a reference to any court of summary jurisdiction within the meaning of section 26 of the Acts Interpretation Act 1901-1937”.

Investigation of charges and power of C.O.

5. Regulation 239 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “in force on the first day of August, 1935, but”.

Adaptations of A.A. (war service).

6. Regulation 266 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “on the first day of August, 1935,”.

Repeal of regulation 277.

7. Regulation 277 of the Australian Military Regulations is repealed.

Adaptations and modifications of A.A. (war service).

8. Regulation 291 of the Australian Military Regulations is amended—

(a) by omitting sub-paragraph (ii) of paragraph (b);

(b) by omitting sub-paragraph (ii) of paragraph (c);

(c) by omitting sub-paragraph (iii) of that paragraph and inserting in its stead the following, sub-paragraph:—

“(iii) as if in paragraph (a) of the proviso for the words ‘, after paying for his messing and washing, less than one penny a day’ there were substituted the words ‘a sum available for his own use less than one-tenth of his pay (excluding deferred pay, if any) or—

(a) if he is serving in Australia, one shilling in Australian currency per day, or

(b) if he is serving outside Australia, one shilling in English currency per day,

whichever is the greater’”;

(d) by omitting from sub-paragraph (v) of paragraph (e) the word “Defence” and inserting in its stead the word “the Army”; and

(e) by adding at the end thereof the following paragraph:—

“(f) A.A. 162 shall be read as if the words ‘except such an offence as is declared not to be a crime for the purpose of the provisions of this Act relating to taking a soldier out of His Majesty’s Service’ were omitted from sub-section (2).”.

Stoppages for fines, &c.

9. Regulation 296 of the Australian Military Regulations is amended by omitting from sub-regulation (3) the words “, after paying for his messing and washing, if any, one-tenth of his ordinary pay” and inserting in their stead the words “a sum available for his own use less than one-tenth of his pay (excluding deferred pay, if any) or—

(a) if he is serving in Australia, one shilling in Australian currency per day, or

(b) if he is serving outside Australia, one shilling in English currency per day,

whichever is the greater”.

Application of R.P. Offences against D.A. and regulations (Peace and war service).

10. Regulation 311 of the Australian Military Regulations is amended by omitting the words “in force on the first day of August, 1935,”.

Preparation for defence by accused persons.

11. Regulation 317 of the Australian Military Regulations is amended by omitting the words “in force on the first day of August, 1935, and”.

Repeal of regulations 339, 354 and 386.

12. Regulations 339, 354 and 386 of the Australian Military Regulations are repealed.

 

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