Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1940. No. 59.

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 tenth day of April, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

G. A. STREET

Minister of State for the Army.

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Amendments of the Australian Military Regulations. 

After regulation 388 of the Australian Military Regulations the following regulation is inserted:—

Proof in proceedings for failure to enlist or register.

“388a.—(1.) In any proceedings against a person for failure to enlist or register when required by the Defence Act or these Regulations so to do, the averments of the prosecutor or any of them contained in the information or complaint that the defendant on the date therein mentioned—

(a) was a male inhabitant of Australia;

(b) was not exempt by or under the Defence Act or the National Security (General) Regulations from service in any part of the Defence Force or training under the Defence Act, as the case may be;

(c) had resided in Australia for six months;

(d) was a British subject:

(e) was of the age or between the ages mentioned in the information or complaint;

(f) was unmarried or a widower without children as the case may be; and

* Notified in the Commonwealth Gazette on 11th April, 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 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, Nos. 45; 1938. Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16 and 29.

2120.—Price 3d.

 

(g) that his bona fide residence was within a distance of five miles, reckoned by the nearest practicable route, from the nearest place appointed for training,

shall be prima facie evidence of the matter or matters averred.

“(2.) The last preceding sub-regulation shall apply to any matter so averred although—

(a) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or

(b) the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.”.

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