Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1938. No. 75.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1934.

Dated this twenty-eighth day of July, 1938.

 

Administrator.

By His Excellency’s Command,

Minister of State for Defence.

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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.—Australian Army Ordnance Corps .................................  551-563”, the words and figures:—

“Division 4a.—Australian Army Pay Corps.................................... 563a-563c”.

Application to Regulations of Acts Interpretation Act.

2. Regulation 4 of the Australian Military Regulations is repealed.

Power of formation &c., commanders exercisable by Military Board.

3. Regulation 12 of the Australian Military Regulations is amended by inserting, after the word “authorized” (third occurring), the words “, or, in time of war, by a district commandant”.

Duties assigned to members of Military Board.

4. Regulation 30 of the Australian Military Regulations is amended by adding at the end of sub-paragraph (d) the words “; Administration of the Australian Army Pay Corps”.

Eligibility for examination for promotion in Citizen Forces.

5. Regulation 88 of the Australian Military Regulations in amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—

“(1) An officer of the Citizen forces shall not, unless the approval of the Military Board has first been obtained, be eligible to be examined for promotion—

(a)to the rank of captain, until he has served for three years in the substantive rank of lieutenant;

(b)to the rank of major, until he has served for three years in the substantive rank of captain; or

* Notified in the Commonwealth Gazette on  , 1938

  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.

3165.—20/4.7.1938.—Price 5d

(c)to the rank of lieutenant-colonel, until he has served for three years in the substantive rank of major.”.

Attendance at schools and courses.

6. Regulation 116 of the Australian Military Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:—

“(2a) Subject to the approval of the formation, &c.,commander concerned, an officer on the Unattached List may attend a school or course of instruction under the conditions applicable to other officers of the Active Citizen Forces.”.

Transfer to Reserve of Officers.

7. Regulation 120 of the Australian Military Regulations is amended by inserting in sub-paragraph (b) of sub-regulation (1), after the words “Medical Corps,”, the words “the Australian Army Pay Corps,”.

Attendance at schools and courses.

8. After regulation 121 of the Australian Military Regulations the following regulation is inserted:—

“12la. Subject to the approval of the formation, &c., commander concerned, an officer of the Reserve of Officers may attend, a school or course of instruction under the conditions applicable, to officers of the Active Citizen Forces.”.

Reasons for which discharge may be effected.

9. Regulation 184 of the Australian Military Regulations is amended by inserting, after sub-paragraph (viii) of sub-regulation (1), the following sub-paragraph:—

“(viiia) for the purpose of being appointed to commissioned rank; or”.

Religious and politicalmeetings.

10. Regulation 210 of the Australian Military Regulations is repealed and the following regulations are inserted in its stead:—

“210.— (1) Except as provided in this regulation —

(a)an officer or soldier shall not—

(i) institute in any military premises; or

(ii) when in uniform attend; or

(b)a band of the Military Forces shall not be permitted to play at,

any meeting, demonstration or procession held for a religious or political purpose.

(2) Nothing in this regulation shall apply to the institution of, or attendance at, or to a band playing at—

(a) areligious or funeral service; or

(b)a religious charity gathering, attendance at which is authorized by proper military authority.

(3) Any officer or soldier who contravenes any provision of this regulation shall be guilty of an offence, and shall be liable to penalties as prescribed by A.M.R. 215.

Other political activities.

“210a.—(1) An officer or soldier of the Permanent Forces shall not take any active part in the affairs of any political or municipal organization or party, either by speaking in public or publishing or distributing literature in furtherance of the purposes of any such organization or party, or in any other manner.

(2) An officer or soldier of the Citizen Forces shall not use his military rank when taking part in any activity of a political nature or in connexion with any municipal or other local government council or corporation:

Provided that this sub-regulation shall not apply (in connexion with his membership or candidature) to any member of or duly nominated candidate for the Parliament of the Commonwealth or of a State, or any municipal or other local government council or corporation.

(3) Any officer or soldier who contravenes any provision of this regulation shall be guilty of an offence, and shall be liable to penalties as prescribed by A.M.R. 215.”.

Inquiry as to Illegal absence.

11. Regulation 276 of the Australian Military Regulations is amended by inserting in sub-regulation (1), after the words “clothing of the soldier”, the words “, or in any public property issued to him for his use or entrusted to his care for military purposes”.

12. After regulation 465 of the Australian Military Regulations the following regulation is inserted:—

Sickness on recreation leave.

465a. A member of the Permanent Forces who falls sick while on recreation leave may, at a time convenient to the service, be granted additional recreation leave equivalent to the period of sickness falling within the approved period of recreation leave: Provided that—

(a)he produces at the time he falls sick satisfactory medical evidence of his inability to leave the house where he is in residence; and

(b)the period of such inability is not less than ten days.”.

Qualifying service over twenty years.

13. Regulation 478 of the Australian Military Regulations is amended by omitting sub-regulation (3) and inserting in its stead the following sub-regulation:—

“(3) Upon the death of any member who at the date of his death was eligible under this regulation for the grant of furlough (or, if the Military Board, after consideration of all the circumstances, directs that the death of a member so eligible be presumed), the Military Board may authorize payment to the dependants of the member of a sum equivalent to the amount of pay which would, under this regulation, have been granted to the member had he retired immediately prior to the date of his death (or, in any case where the Military Board has directed that the death of the member be presumed, a date determined by the Board):

Provided that, where all or any of the dependants of the member are under the age of 21 years, the whole or part of any such sum of money payable under this sub-regulation may be paid, on behalf of the dependants or such of them as are under the age of 21 years, to a person or persons approved by the Minister.”.

Qualifying Service under twenty years.

14. Regulation 479 of the Australian Military Regulations is amended by omitting sub-regulation (4) and inserting in its stead the following sub-regulation:—

“(4) Where, before a member has completed twenty years’ service in the Permanent Forces and either before or after he has attained, the age of 60 years—

(a) the member dies; or

(b)the Military Board, after consideration of all the circumstances, directs that the death of the member be presumed,

the Military Board may authorize payment to the dependants of the member of a sum equivalent to the pay for the period of furlough (less such period as is equivalent to the period of leave of absence for

recreation, if any, granted to the member in respect of the year in which he died or is presumed to have died) which the member would have received had he, under sub-regulation (1) of this regulation, been granted furlough immediately prior to the date of his death, or, in any case where the Military Board has directed that the death of the member be presumed, a date determined by the Board:

Provided that, where all or any of the dependants of the member are under the age of 21 years, the whole or part of any such sum of money payable under this sub-regulation may be paid, on behalf of the dependants or such of them as are under the age of 21 years, to a person or persons approved by the Minister.”.

15. After Division 4 of Part VII. of the Australian Military Regulations the following heading and regulations are inserted:—

“DIVISION 4a.—AUSTRALIAN ARMY PAY CORPS.

Constitution of Australian Army Pay Corps.

“563a. There shall be an Australian Army Pay Corps, which shall constitute a corps of the Citizen Forces and shall consist of—

(a) officers appointed to that corps or transferred to or seconded for duty with that corps from other portions of the Military Forces; and

(b)subject to the approval of the Military Board, soldiers enlisted in that corps or transferred to that corps from other portions of the Military Forces.

Organization and Administration.

“563b.— (1) There shall be a detachment of the Australian Army Pay Corps in each military district.

(2) The detachment of the Australian Army Pay Corps in each military district shall be administered by the District Finance Officer who, for this purpose, shall be the deputy of the Finance Member of the Military Board: Provided that for purposes of command and discipline the detachment shall be under the District Base Commandant.

Period of Service on Active List.

“563c.—(l) Except as provided in this regulation, an officer of the Australian Army Pay Corps on completing a period of four years on the Active List shall, unless his retention on the Active List be approved by the Military Board, be transferred to the Reserve of Officers.

(2) This regulation shall not apply to an officer commanding a detachment of the Australian Army Pay Corps.”.

Termination of appointment.

16. Regulation 599 of the Australian Military Regulations is amended by inserting in sub-regulation (2), after the word “who”, the words “though called upon,”.

Flag stations.

17.Regulation 708 of the Australian Military Regulations is amended by inserting in sub-regulation (1), after the words, symbols and figures “Artillery Barracks, Fremantle......................................................  [ 1* | 1 ”, the words, symbols and figures “Artillery Barracks, Rottnest..................................................... | 1* | 1 ”.

When civil convictions excepted.

18. Regulation 753 of the Australian Military Regulations is amended by inserting, after the word “may”, the words “, except in a case of a charge of drunkenness,”.

Artillery practice prescribed distance.

19. Regulation 819 of the Australian Military Regulations is amended by omitting sub-regulations (4), (5), (6), (7) and (8), and inserting in their stead the following sub-regulations:—

 

“(4) The areas mentioned in sub-regulation (3) of this regulation shall be defined in Notices to Mariners which shall be issued from time to time by the Department of Defence and notified by a Deputy Director of Navigation (or, in the Northern Territory of Australia, by the Collector of Customs at Darwin) by advertisement in a newspaper or newspapers circulating in the port concerned not less than twenty-four hours before the practice begins.

(5) When artillery practice seaward is to be carried out the formation, &c, commander to whose command the persons carrying out the practice belong shall, if in the 2nd Military District, notify the Captain Superintendent, Sydney, or, if in any other Military District, the District Naval Officer, and, in either case, the Deputy Director of Navigation concerned (or, in the Northern Territory of Australia, the Collector of Customs at Darwin), not less than three clear days before the practice takes place, in order that His Majesty’s and other ships at sea may be informed.

(6) The notifications made under sub-regulation (5) of this regulation by a formation, &c, commander shall specify which area, amongst those defined in accordance with sub-regulation (4) of this regulation, is to be used for practice, the time at which the practice will take place, and, where applicable, whether star shell, rockets or other light signals are to be used.

(7) (a)The Deputy Director of Navigation concerned or the Collector of Customs at Darwin, as the case may be, shall arrange for a visual signal in accordance with paragraph (b)of this sub-regulation to be made at the signal station customarily used for communicating with shipping moving or about to move in the area affected, from the time at which the practice is advertised to begin until its conclusion.

(b) The signal to be made at a signal station to denote that artillery practice is proceeding shall be—

(i) by day—

if the port is open, the letters “IB” in flags of the International Code; or

if the port is closed, two red balls suspended, vertically with a green cone (apex uppermost) between them; or

(ii) by night—three lights suspended vertically, the top and bottom lights being red and the centre light green.”.

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