Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 185.

 

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 seventh day of August, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

Right to trial by court-martial.

1. Regulation 251 of the Australian Military Regulations is amended by inserting after the figures “46 (8)” the words “, as modified and adapted by these Regulations,”.

Minor punishments.

2. Regulation 256 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (5) after the words “forfeiture of pay” the words “in excess of Three pounds”;

(b) by inserting after paragraph (a) of that sub-regulation the following paragraph:—

“(aa) For an offence committed on war service by a private soldier of the Permanent Forces—

A fine not exceeding Three pounds.”;

(c) by inserting in sub-paragraph (i) of paragraph (b) of sub-regulation (7) after the figure and letter “(2) (e)” the word, figure and letters “or (5) (aa).”.

3. After regulation 260 of the Australian Military Regulations the following regulation is inserted:—

Modification and adaptation of A.A. 46 (8.).

“260a. For the purpose of its application to the Military Forces, A.A.46 (8) shall be read as if, after the words ‘ordinary pay’, the words ‘in excess of Three pounds’ were inserted.”.

 

* Notified in the Commonwealth Gazette on , 1940.

  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 120; 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, 20, 59 and 150.

4774.—25/8.8.1940.—Price 3d.

4. After regulation 318 of the Australian Military Regulations, the following regulation is inserted:—

Adaptation of R.P. 89 (Requirements for appearance of counsel).

“318a. For the purpose of its application to the Military Forces, R.P.89 shall be read as if the following paragraph were inserted after paragraph (B):—

‘(BA) If an officer of the Australian Army Legal Department or any other legally qualified officer is to be prosecutor at a trial, a notification of his name, rank and corps (and the appointment he holds (if any) and his legal qualifications) should be delivered to the accused in addition to the names mentioned in R.P 15 (C). If the trial commences within seven days of the delivery of such notification, the president of the Court should ask the accused if he desires an adjournment, for the purpose of obtaining legal assistance and, if he does so desire, the Court may adjourn the trial for such time as it considers reasonable for the purpose’.”.

Age for retirement of nurses.

5. Regulation 629 of the Australian Military Regulations is amended by omitting the figures “55” and inserting in their stead the figures “45”.

 

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