Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1935. No. 99.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*

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 1903-1934.

Dated this sixteenth day of October, 1935.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

ARCHDALE PARKHILL

Minister of State for Defence.

 

Amendment of Australian Military Regulations. 

Subdivision of Regulations.

1. Regulation 2 of the Australian Military Regulations is amended by omitting, from the particulars of Part III., Division 3, the words “supernumerary, seconded and unattached lists” and inserting in their stead the words “supernumerary and seconded officers, unattached list”.

Ranks and appointments of soldiers.

2. Regulation 64 of the Australian Military Regulations is amended in sub-regulation (1) by inserting—

(a) next below the words “*Sergeant orderly-room clerk” the words “*Sergeant clerk (Technical M.T.)”; and

(b) next below the words “*Corporal orderly-room clerk” the words “*Corporal clerk (Technical M.T.)”; and

(c) next below the words “*Bombardier storeman” the words “*Corporal storeman (Technical M.T.)”.

Eligibility to compete for promotion to commissioned rank in Citizen Forces.

3. Regulation 75 of the Australian Military Regulations is amended by omitting sub-regulation (I) and inserting in its stead the following sub-regulation:—

“(1) Every member of a unit of the Citizen Forces who is a W.O. or N.C.O. of or above the rank or appointment of sergeant or lance-sergeant may present himself for examination for promotion to the rank of lieutenant in the unit to which he belongs:

Provided that—

(a) where his unit is a unit maintained at an educational establishment he may present himself for examination for promotion to the rank of lieutenant in a unit of the.

 

* Notified in the Commonwealth Gazette on 17th October, 1935.

  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.

3996.—Price 8d.

battalion area in which he resides, or, with the approval of the formation, &c. commanders concerned, in any other unit of the Citizen Forces; and

(b)a corporal or bombardier of a detached sub-unit may, with the approval of his C.O., present himself for examination for promotion to the rank of lieutenant in that sub-unit.

Command.

4. Regulation 93 of the Australian Military Regulations is amended by omitting the words “, or, in the case of an officer appointed before 1st December, 1923, for a longer period than five years”.

Appointment of aides-de-camp.

5. Regulation 95 of the Australian Military Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2) An appointment under sub-regulation (1) of this regulation shall be for three years but, in exceptional circumstances, may be extended for an additional period not exceeding two years: Provided that any such appointment may, at any time, be terminated at the pleasure of the Governor-General.”

Honorary Colonels-in-Chief.

6. Regulation 98 of the Australian Military Regulations is amended by inserting, next after the word “Engineers”, the words the Australian Corps of Signals,”

7. The heading of Division 3 of Part III. of the Australian Military Regulations immediately preceding Regulation 106 is amended by omitting the words “Supernumerary, Seconded and Unattached Lists” and inserting in their stead the words “Supernumerary and Seconded Officers—Unattached List”.

Ages for retirement except in time of war.

8. Regulation 124 of the Australian Military Regulations is amended in sub-regulation (1) by—

(a)omitting the words and figures “General or Lieutenant-General........... 65............ 65” and inserting in their stead the words and figures—
“General.............................................................	65...........	65
Lieutenant-General...........................................	62...........	62”;	and

(b) omitting, next after the words “Survey Corps—”, the word “Captain” and inserting in its stead the words “All ranks”; and

(c) omitting, next after the words “Ordnance Corps”, the words “(or Department)”.

9. After Regulation 138 of the Australian Military Regulations the following Regulation is inserted:—

Birth certificate to be submitted on enlistment in Permanent Forces.

“138a.—(1) Every person presenting himself for enlistment in the Permanent Forces shall submit to the officer or justice of the peace mentioned in A.M.R. 138 a copy of the entry of registration of his birth certified by the proper official, if reasonably procurable, or, if not reasonably procurable, shall give an assurance that he will submit such a copy, to his C.O. within six months after his enlistment.

(2) A person who, on presenting himself for enlistment in the Permanent Forces, does not comply with the requirements of sub-regulation (1) of this regulation shall not be enlisted.”

Establishment of lance appointments.

10. Regulation 145 of the Australian Military Regulations is amended in sub-regulation (2) by—

(a) omitting the figures “50” and inserting in their stead the figures “25”; and

(b) omitting the words “Provided that a formation, &c., commander may, when he considers it necessary in the interests of the Service, authorize appointments to be made in excess of those proportions.”

Transfer in Permanent Forces.

11. Regulation 170 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the word “man” and inserting in its stead the words “private soldier”.

Reasons for which discharge may be effected.

12. Regulation 184 of the Australian Military Regulations is amended—

(a) by inserting, next after sub-regulation (1), the following sub-regulation:—

“(1a) A soldier of the Permanent Forces who, having given the assurance required by A.M.R. 138a, does not submit to his C.O. within six months after his enlistment a copy of the entry of registration of his birth certified by the proper official, shall be discharged.”; and

(b) by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

(2) The discharge of a soldier of the Corps of Staff Cadets shall be effected in accordance with the Royal Military College Regulations.”

Exemption from State laws in certain cases.

13. Regulation 201 of the Australian Military Regulations is amended by omitting the words “any law of a Territory or State”, wherever occurring, and inserting in their stead the words “any ordinance applicable to a Territory or any law of a State”.

Investigation of charges and power of C.O. Offences against D.A. or regulations and by officers and soldiers who have ceased to be on war service.

14. Regulation 239 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the figures “1932” and inserting in their stead the figures “1935”.

Definition of superior officer.

15. Regulation 265 of the Australian Military Regulations is amended by omitting from sub-regulation (4) the words “an officer not below the rank of brigadier who is also superior in rank” and inserting in their stead the words “any officer superior in command”.

Adaptations of A.A. (War service).

16. Regulation 266 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the figures “1932” and inserting in their stead the figures “1935”.

Application of R.P.

17. Regulation 311 of the Australian Military Regulations is amended by omitting the figures “1932” and inserting in their stead the figures “1935”.

Offences against D.A. and regulations (Peace and war service).

18. Regulation 317 of the Australian Military Regulations is amended by omitting the figures “1932” and inserting in their stead the figures “1935”.

3996.—2

Suggestions for sentences (Peace).

19. Regulation 321 of the Australian Military Regulations is amended in paragraph (b)of the table in sub-regulation (11) by inserting in the column headed “Remarks” the following words:—

“Offences of violence under A.M.R. 203 (1) (xiii), in their gravest form, may justify a sentence of imprisonment.

Procedure.

20. Regulation 381 of the Australian Military Regulations is amended by omitting, next after the word “voluminous,” , the word “and” and inserting in its stead the word “or”.

Documentary evidence.

21. Regulation 388 of the Australian Military Regulations is amended in paragraph (c) by—

(a) omitting the words “ or of the Admiralty “ and inserting in their stead the words “or on behalf of the Army Council, the Admiralty,”; and.

(b) inserting, next after the letters “C.O.”, the words “or the officer having the custody of the records “; and

(c) omitting the words “(whether Imperial of Colonial)” and inserting in their stead the words “(whether of the United Kingdom or a British Possession)”; and

(d) inserting, next after the word “belonged,” where it secondly occurs, the words “ or alleges that he belongs or has belonged,”.

Responsibility of officers.

22. Regulation 400 of the Australian Military Regulations is amended by inserting at the end of sub-regulation (2) the following sentence:—

“Whenever possible sufficient officers should be included to ensure that an officer will be available to command each body that may be required to operate separately; and whenever possible an officer should be detailed to command each such body.”

Utilization of forces to be reported.

23. Regulation 403 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “officer in immediate command” and inserting in their stead the words “immediate commander”.

Requisition of civil authorities.

24. Regulation 404 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (2) the words “officer commanding” and inserting in their stead the words “commander of”; and

(b) by omitting from sub-regulation (4) the words “ officer commanding” and inserting in their stead the word “commander”.

Magistrate to be present.

25. Regulation 405 of the Australian Military Regulations is amended by omitting from sub-regulations (1) and (3) the words “officer commanding” and inserting in their stead the words “commander of”.

Disposition of troops and position of magistrate.

26. Regulation 406 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “officer commanding” and inserting in their stead the words “commander of”; and

 

(b) by omitting from sub-regulations (2), (3) and (4) the words “officer commanding” and inserting in their stead the word “commander”.

Request by magistrate to take action.

27. Regulation 408 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “officer commanding” and inserting in their stead the words “commander of”.

Execution of request of magistrate.

28. Regulation 409 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulations (1), (3) and (4) the words “officer commanding” and inserting in their stead the words “commander of”; and

(b) by omitting from sub-regulation (2), where they twice occur, and from sub-regulations (5) and (6), the words “officer commanding” and inserting in their stead the word “commander”.

Warning that fire will be effective.

29. Regulation 410 of the Australian Military Regulations is amended by omitting the words “officer commanding” and inserting in their stead the words “commander of”.

Firing by files and sections.

30. Regulation 412 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “officer commanding” and inserting in their stead the words “commander of”; and

(b) by omitting from sub-regulations (2) and (3) the words “officer commanding” and inserting in their stead the word “commander”; and

(c) by omitting sub-regulations (4) and (5) and inserting in their stead the following sub-regulations:—

(4) If it is necessary for more sections than one to fire at a time, the commander should clearly indicate to the troops which subordinate commander is to order any of the sections to fire.

(5) An order to fire to any one or more selected soldiers or to a particular section shall be given only by the subordinate commander indicated by the commander.”

Magistrate and troops to remain on scene.

31. Regulation 413 of the Australian Military Regulations is amended by omitting the words “officer commanding” and inserting in their stead the word “commander”.

General power of C.O. in cases of immediate and pressing danger.

32. Regulation 414 of the Australian Military Regulations is amended in sub-regulation (2) by—

(a) omitting the words “officer commanding” and inserting in their stead the words “commander of”; and

(b) omitting the word “officer”, where it secondly occurs, and inserting in its stead the word “commander”.

Public holidays.

33. Regulation 475 of the Australian Military Regulations is amended by—

(a) inserting, next after the figures “475”, the figure “(1)”; and

(b) inserting, next after the word “State” where it twice occurs, the words “or Territory”.

Qualifying service over twenty years.

34. Regulation 478 of the Australian Military Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2) When a member who has continued in the Permanent Forces for at least twenty years is retiring from the Permanent Forces the Military Board may authorize payment to him upon retirement of a sum equivalent to the pay for a period of furlough not exceeding that which the member could have been granted under sub-regulation (1) of this regulation.”

35. Regulation 487 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Period of annual training of Citizen Forces not serving under D.A. 125.

“487. The total period of training, and the nature, number, and duration of drills in each year, for members of the Citizen Forces not belonging to a class of whom service under Part XII. of the D.A. is being demanded, shall be as determined by the Military Board.”

Tenure of appointment.

36. Regulation 539 of the Australian Military Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—

“(2) An officer of the Australian Staff Corps, unless re-appointed, shall not hold the appointment of Chief of the General Staff for a longer period than five years or any other appointment on the Headquarters staff, or the staff of a formation or unit, or of the Royal Military College or a military school, for a longer period than four years.”

Honours and salutes on parade.

37. Regulation 679 of the Australian Military Regulations is amended by inserting in paragraph (viii), next after the word “times”, the words “(except when carried by units forming part of the escort at a military funeral)”.

Saluting funerals.

38. Regulation 689 of the Australian Military Regulations is amended by inserting, next after the word “procession”, the words “: Provided that no such compliments shall be paid to standards, guidons or colours by any unit, party or individual while in charge of or in attendance on the coffin containing the remains of the deceased”.

39. After Regulation 695 of the Australian Military Regulations the following regulation is inserted:—

Calls on Governor-General and Governors.

“695a. (1) Official calls shall be made by the Military Board and by the Inspector-General—

(a) on the Governor-General—

(i) on the first occasion, after his assumption of office, on which the Governor-General is in official residence in, or is making an official visit to the City of Melbourne; and.

(ii) on the first occasion, within three months before his relinquishment of office, on which the Governor-General is in official residence in, or is making an official visit to the City of Melbourne; and

(b) on the Governor of the State of Victoria—

(i) within three months after the Governor’s assumption of office; and

(ii) within three months before the Governor’s relinquishment of office.

(2) Every Inspector-General and every member of the Military Board shall make an official call—

(a) on the Governor-General—

(i) on the first occasion on which the Governor-General is in official residence in, or is making an official visit to the City of Melbourne after the appointment of the Inspector-General or of the member of the Military Board, as the case may be; and.

(ii) on the first occasion on which the Governor-General is in official residence in, or is making an official visit to the City of Melbourne, within one month before the termination of the appointment of the Inspector-General or of the member of the Military Board, as the case may be; and

(b) on the Governor of the State of Victoria—

(i) within one month after the appointment of the Inspector-General or of the member of the Military Board, as the case may be; and

(ii) within one month before the termination of the appointment of the Inspector-General or of the member of the Military Board, as the case may be.

(3) Every formation, &c. commander shall make an official call—

(a) on the Governor-General—

(i) on the first occasion after his assumption of office on which the Governor-General is in official residence in, or is making an official visit to the capital city of the State in which the headquarters of the formation, &c. commanded by the formation, &c. commander is situated; and

(ii) on the first occasion within three months before his relinquishment of office on which the Governor-General is in official residence in, or is making an official visit to that capital city; and

(iii) on the first occasion on which the Governor-General is in official residence in, or is making an official visit to that capital city, after the appointment of the formation, &c. commander; and

(iv) on the first occasion on which the Governor-General is in official residence in, or is making an official visit to that capital city, within one month before the termination of the appointment of the formation, &c. commander; and

(b) on the Governor of the State in which the headquarters of the formation, &c. commanded by the formation, &c. commander is situated—

(i) within one month after the Governor’s assumption of office; and

(ii) within one month before the Governor’s relinquishment of office; and

(iii) within one month after the appointment of the formation, &c. commander; and

(iv) within one month before the termination of the appointment of the formation, &c, commander.”

Armed corps and armed party.

40. Regulation 702 of the Australian Military Regulations is amended by—

(a) inserting in sub-regulation (2), next after the word “rifles,”, the words “or wearing sidearms,”; and

(b) omitting from sub-regulation (2) the words “and mounted in the case of mounted units,”; and

(c) omitting sub-regulation (3) and inserting in its stead the following sub-regulation:—

“(3) The expression “armed corps” in this regulation means an armed party of a certain strength, namely, a regiment of light horse, a battery of artillery, engineers of not less than three companies, a corps or divisional signals, a battalion of infantry with or without colours, a battalion of tanks, a light tank company, an armoured car company, and army service corps or army ordnance corps of not less than three companies.”

41. Regulation 708 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Flag stations.

“708. (1) Flags shall be flown at flag stations in accordance with the following table, the smaller flag being flown in bad weather in lieu of the larger flag:—

Flag Stations.	Australian Ensign.
	12 feet x 6 feet.	6 feet x 3 feet.
1st Military District.
Victoria Barracks, Brisbane...............	1*	1
Barracks, Darwin.............................	1*	1
2nd Military District.

Victoria Barracks, Sydney............................	1*	1
George’s Heights.........................................	1*	1
Fort Scratchley, Newcastle...........................	1*	1*
3rd Military District.
Queenscliff Fort...........................................	1*	1
4th Military District.
Keswick Barracks, Adelaide.........................	1*	1
Fort Largs....................................................	1*	1*
5th Military District.
Swan Barracks, Perth...................................	l*	1
Fort Princess Royal Albany .........................	1*	1*
Artillery Barracks, Fremantle.......................	1*	1
6th Military District.
Anglesea, Barracks, Hobart..........................	1*	1
Royal Military College.................................	1*	1

* On the birthdays of the King and Queen, Accession and Coronation Days, Australia Day, Anzac Day. Empire Day, Sundays, when firing a salute (saluting stations only), when a direction is issued by the Governor-General under sub-regulation (2) of this regulation, and on such other occasions as may be ordered by the Military Board.

  Daily, except when the larger flag is being flown.

(2) On the death of any of the personages mentioned in A.M.R. 679 (i), (ii) and (iii), flags at flag stations are to be flown as directed by the Governor-General.”

42. Regulation 709 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Saluting stations.

“709. (1) The following is a list of stations at which salutes are authorized to be fired:—

Military District.	Salutes to Foreign Men-of-War.	Other Salutes.
1st	Barracks, Darwin.................................	Brisbane.
2nd	George’s Heights, Sydney....................	Sydney.
3rd	Queenscliff Fort...................................	Melbourne
4th	...........................................................	Adelaide
5th	Artillery Barracks, Fremantle.	Perth
6th	...........................................................	Hobart
Territory for the Seat of Government	...........................................................	Canberra

(2) The locality at which salutes, not being salutes to foreign men of war, are to be fired shall be as approved by the Military Board.”

Temporary command.

43. Regulation 712 is amended by—

(a) omitting the words “major-general” and inserting in their stead the word “brigadier”; and

(b) omitting the words “air vice-marshal” and inserting in their stead the words “air-commodore”.

44. After Regulation 722 of the Australian Military Regulations the following regulation is inserted:—

Authorized flags.

“722a. (1) The undermentioned flags are authorized to be flown on motor cars or carried by mounted orderlies:—

Occupant of car or officer upon whom mounted orderly is attendant.	Flags authorized.
Member of Military Board ..............	Flag described in A.M.R. 722
Formation, &c Commander (other than District Base Commandant)	Flag, distinguishing, division (red, swallow tail, with number of the division, &c, in white, the letter “C” being added in the case of a cavalry division. In the case of the Commandant, Royal Military College, the letters “R.M.C” shall be used).
District Base Commandant .............	Flag described in A.M.R. 723.
Brigade Commander.......................	Flag, distinguishing, brigade (blue pendant).

(2) The motor car flag shall be carried on the radiator cap and shall only be flown when the officer for whom it is authorized is present in the car.

(3) The size of the flags to be flown on motor cars shall be 9 inches by 6 inches with the following exceptions:—

For a member of the Military Board—12 inches by 6 inches.

For a District Base Commandant—9 inches by 4½ inches.

(4) The size of the flags to be carried by mounted orderlies shall be 18 inches by 12 inches.”

Proportion of troops, &c., for officers’ funerals.

45. Regulation 727 of the Australian Military Regulations is amended in the table by—

(a) inserting, next below the words “Major-General” and the particulars relating thereto, the following words and figures:—

“Brigadier........... 11 .................. 1 battalion and 2 squadrons”; and

(b) omitting the words “(including all appointments carrying this substantive rank)”.

Salute before interment.

46. Regulation 728 of the Australian Military Regulations is amended by—

(a) inserting in sub-regulation (1), next after the words “flag officer”, the words “air officer, brigadier, or”; and

(b) omitting from sub-regulation (1) the words “or air officer of marshal rank”; and

(c) omitting from sub-regulation (2) the words “of marshal rank”.

Pall-bearers.

47. Regulation 729 of the Australian Military Regulations is amended by omitting the words “by officers next in seniority” and inserting in their stead the words “by such other officers as may be invited by the proper military authority”.

Salutes at funerals of distinguished foreigners.

48. Regulation 734 of the Australian Military Regulations is amended by omitting the words “of marshal rank”.

Entries to be made.

49. Regulation 759 of the Australian Military Regulations is amended by omitting from sub-regulation (5) the words “if unaccompanied by any authorized punishment” and inserting in their stead the words “unless accompanied by a punishment higher in the authorized scale than admonition”.

50. The heading of the Australian Military Regulations immediately preceding Regulation 792 is amended by omitting the words “and Long Service and Good Conduct Medal”.

Meritorious Service Medal.

51. Regulation 792 of the Australian Military Regulations is amended by omitting from sub-regulation (3) the words “be in possession of the Long Service and Good Conduct Medal” and inserting in their stead the words “have been awarded previously a medal for long service and good conduct”.

Long Service and Good Conduct Medal.

52. Regulation 793 of the Australian Military Regulations is repealed.

Quartermasters, &c., eligible.

53. Regulation 794 of the Australian Military Regulations is amended by omitting the words “and the Long Service and Good Conduct Medal”.

Forfeiture of medals.

54. Regulation 795 of the Australian Military Regulations is amended by—

(a) omitting from sub-regulations (1) and (2) the words “or long service and good conduct”; and

(b) omitting sub-regulation (3).

Restoration of medals.

55. Regulation 796 of the Australian Military Regulations is amended by omitting the words “or for long service and good conduct”.

Qualifying service.

56. Regulation 797 of the Australian Military Regulations is amended by omitting from sub-regulations (1) and (2) the words “or the Long Service and Good Conduct Medal”.

Promulgation.

57. Regulation 798 of the Australian Military Regulations is amended by omitting the words “and long service and good conduct”.

Intoxicants not to be taken into hospitals.

58. Regulation 801 of the Australian Military Regulations is amended by omitting the word “liquors” and inserting in its stead the word “liquor”.

Leaving part of document in blank.

59. Regulation 805 of the Australian Military Regulations is amended by omitting the words “land or sea” and inserting in their stead the words “land, sea or air”.

How sick leave calculated.

60. Regulation 820 of the Australian Military Regulations is amended by omitting sub-regulation (3) and inserting in its stead the following sub-regulations:—

“(3) Applications for leave of absence under this regulation shall be supported by medical evidence: Provided that leave not exceeding three days in the aggregate in any period of twelve months may be granted without the production of medical evidence and that any continuous period of leave so granted shall not exceed two days.

(3a) Subject to sub-regulation (3) of this regulation, sick leave which is granted without the production by the applicant of medical evidence shall be without pay.”

Forms relating to charge sheets.

61. Appendix I of the Australian Military Regulations is amended by inserting at the end the following:—

“A.M.R. 791.

Being a member of the Citizen Military Forces, when not on duty and not authorized by proper military authority to wear uniform, wearing {the uniform/part of the uniform} authorized for the Citizen Military Forces.

A.M.R. 801.

(a)Without the permission of the Officer-in-Charge of the hospital being in possession of {intoxicating/spirituous} liquor within the boundaries of a military hospital.

(b) Without the permission of the Officer-in-Charge of the hospital knowingly {supplying/selling} {intoxicating/spirituous} liquor to an inmate of a military hospital.

A.M.R. 805.

Being {an officer/a soldier} of the Military Forces when signing a document relating to the conveyance by {land/sea/air} of {a person/persons/an animal/animals/goods} leaving in blank a material part for which his signature was a voucher.”

 

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