Australian Military Regulations (Amendment) (Cth)
STATUTORY RULES.
________
REGULATIONS UNDER THE DEFENCE ACT 1903-1932.
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
Dated this fifteenth day of June, 1933.
Governor-General.
By His Excellency’s Command,
Minister of State for Defence.
______
Australian Military Regulations.
(Statutory Rules 1927, No. 149, as amended to this date.)
Regulation 2 is amended by—
(
a )deleting in the particulars of Part IV., Division 6, the words “Provost Staff” and substituting the words “Provost-Marshals and Military Police”; and(
b )deleting in the particulars of Part VII., Division 10, the words “Survey Section, Royal Australian Engineers” and substituting the words “Australian Survey Corps”; and(
c )omitting in the particulars of Part VII., Division 12, the words “(Universal Training)”.
Regulation 64 is amended by inserting in sub-regulation (1), next after the words “*Bombardier Storeman”, the words “*Ordnance Watchman Corporal”.
Regulation 68 is amended, by inserting in sub-regulation (1), next after the words “The Royal Australian Engineers,”, the words “The Australian Survey Corps,”.
Regulation 69 is amended by —
(
a )inserting in column headed “Naval Forces”, next before the words “Commissioned Officer from warrant rank” and opposite the words “Second Lieutenant”, the words “Acting Sub-Lieutenant”; and(
b ) deleting in column headed “Air Force” the words “or Observer Officer”; and(
c ) inserting in column headed “Air Force”, next after the words “Pilot Officer”, the words“Acting Pilot Officer (but junior to Army and Navy ranks)”.
Regulation 115 is amended by deleting in sub-regulation (2a) the words “not be transferred to the Reserve of Officers, and his appointment on the Unattached List shall terminate when he ceases so to serve” and substituting the words “on ceasing so to serve, be transferred to the Reserve of Officers”.
Regulation 120 is amended by-
(
a ) omitting sub-regulation (3); and(
b ) inserting next after sub-regulation (4) the following sub-regulation:—“(4a) An officer in the Reserve of Officers by virtue of transfer under A.M.R. 115 (2a) shall not be permitted to remain in the Reserve of Officers for a longer period than two years, and, if not sooner appointed to the Active List, shall be retired on completion of that period.”
Regulation 124 is amended in sub-regulation (1) by—
(
a ) deleting the words—“Bandmaster holding a commission”
and substituting the words—
“Bandmaster holding an honorary commission”; and
(
b ) inserting next after the words and figures—“Survey Section Engineers (Permanent) —
Captain ..................................................................... 60”
the words and figures—
“Army Medical. Corps, Permanent —Major General ………………. 63”
;
and
(
c ) deleting the words—“Survey Section—Engineers (Permanent)”
and substituting the words—
“Survey Corps”.
Regulation 161 is amended by deleting in sub-regulation (2) the words “where they occur in two places” and substituting the words “wherever they occur”.
Regulation 180 is amended by deleting in sub-regulation (2) the words “Thursday Island”, where they twice occur, and substituting the word “Darwin”.
Regulation 191 is amended by—
(
a ) inserting next after sub-regulation (1) the following sub-regulation:—“(1a) Notwithstanding anything contained in sub-regulation (1) of this regulation, a W.O. of the Citizen Forces holding the appointment of Bandmaster, not being a Bandmaster holding an honorary commission, shall be discharged on reaching the age of 55 years.”; and
(
b ) inserting in sub-regulation (2) next after the figure “(1)”, the word and figure “or (1a.)”.
Regulation 201 is amended by inserting at the end the following sub-regulations:—
“(3) It shall not be necessary, under or by reason of any law of a Territory or State, for any person to obtain or have any licence or permission to carry or convey, by any means whatsoever—
(
a ) members of the Military Forces or of Rifle Clubs engaged in, or for the purpose of engaging in, or returning from, the performance of their duties as such members, or for the purpose of attending or returning from any drill, practice, competition, or engagement, in. connexion with their military training; or(
b ) property belonging to the Commonwealth and appropriated to the use of the Military Forces or of Rifle Clubs, or belonging to members of the Military Forces or of Rifle Clubs, and used by them, respectively, for any purpose mentioned in this sub-regulation.
(4) It shall be lawful,
notwithstanding any law of a Territory or State, for any person to send or
cause to be sent or conveyed, by any means whatsoever, any persons or property
described in paragraph (
(5) Sub-regulations (3) and (4) of
this regulation shall operate as if they had been notified in the
Regulation 202 is amended by
omitting paragraph (
Regulation 203 is amended—
(
a ) in sub-regulation (1) by—(i) inserting in paragraph (vii), next after the word “forces,” the words “whether His Majesty’s forces or forces co-operating therewith,”; and
(ii) deleting in paragraph (viii) the words “the forces” and substituting the words “any such force as aforesaid”; and
(iii) deleting in paragraph (xxviii) the words “any public or regimental money or goods” and substituting the words “any public, regimental or garrison property”; and
(iv) deleting in paragraph (xxviii) the words “any such goods” and substituting the words “any such property”; and
(v) deleting paragraph (xxxii) and substituting the following paragraph—
“(xxxii) Steals, embezzles, or fraudulently misapplies or receives, knowing it to have been stolen or embezzled, any property belonging to a person subject to military law, or belonging to any regimental band, regimental or garrison mess, or regimental or garrison institution, or any public property; or”; and.
(vi) deleting in paragraph (xliv) all words from and including “any regimental mess” to the end of the paragraph and substituting the words “any regimental band, regimental or garrison mess, or regimental or garrison institution, or any public property; or”; and
(
b )in sub-regulation (4) by deleting the words “in any other part of” and substituting the words “elsewhere in”.
Regulation 205 is amended by omitting in sub-regulation (2) the words “discharged as incorrigible and worthless,”.
Regulation 215 is amended—
(
a ) in sub-regulation (1) by—(i) deleting sub-paragraph (vi) of paragraph (
a )and substituting the following sub-paragraph—“(vi) Severe reprimand or reprimand.”; and
(ii) deleting in sub-paragraph (iv) of paragraph (
b ) the words “to a lower grade or to the ranks” and substituting the words “to the ranks or to a lower grade”; and(iii) deleting in sub-paragraph (vii) of paragraph (
b ) the words “reprimand or severe reprimand” and substituting the words “severe reprimand or reprimand”; and(iv) deleting in provisos (iv), (viii) and (ix), the words “liable to be trained” and substituting the words “belonging to a class of whom service is being demanded”; and
(v) deleting in proviso (x) the words “reprimand or severe reprimand” and substituting the words “severe reprimand, or reprimand”; and.
(
b ) in sub-regulation (2) by—(i) deleting sub-paragraph (ii) of paragraph (
a ) and substituting the following sub-paragraph:—“(ii) If, being a member of the Citizen Forces and not belonging to a class of whom service is being demanded under Part XII. of the D.A., or of the Permanent Forces, he was originally enlisted as a private soldier, and belongs to a corps which comprises private soldiers, or if, being a member of the Citizen Forces, he belongs to a class of whom service is being demanded under Part XII
. of the D.A. or he is serving or immediately liable to serve under Part IV. of the D. A., reduction to the ranks, or in any case, reduction to an inferior class of W.O. or to a lower grade existing in the Corps to which he belongs”; and(ii) deleting sub-paragraph (v) of paragraph (
a ) and substituting the following sub-paragraph:—“(v) Severe reprimand or reprimand.”
Regulation 216 is amended by
deleting in sub-paragraph (v) of paragraph (
Regulation 217 is amended, by deleting the words “is liable to be trained” and substituting the words “belongs to a class of whom service is being demanded”.
The heading of Division 6 of Part
IV., immediately preceding Regulation 234
Regulation 238 is amended by deleting the words “His Majesty’s Regulations” and substituting the words “the King’s Regulations for the Army”.
Regulation 239 is amended by—
(
a ) deleting in sub-regulation (1) the words and figures “twentieth day of October, 1928” and substituting the words and figures “first day of August, 1932”; and(
b ) deleting in paragraph (b )of sub-regulation (2) the words “His Majesty’s Regulations” and substituting the words “the King’s Regulations for the Army”; and(
c ) inserting in sub-paragraph (ii) of paragraph (c )of sub-regulation (2), next after the words “‘this section’”, the words “, firstly occurring,”.
Regulation 242 is amended by omitting in sub-regulation (4) the words and figure “, and R.P. 7 (A) shall not apply”.
Regulation 251 is amended by--
(
a ) inserting next after the words and figures “D. A. 108 (2),” the word “and”; and(
b ) deleting the words and figure “and R.P. 7 (A),”.
Regulation 261 is amended by inserting next after the words “King’s Regulations” the words “for the Army”.
Regulation 266 is amended by
deleting in sub-regulation (2) the words and figures “
Regulation 291 is amended by
deleting in paragraph (
Regulation 298 is amended by deleting in sub-regulation (2) the words “good or faithful” and. substituting the words “good and faithful”.
Regulation 300 is amended by
(
a ) inserting next after the figures “300” the figure “(1.)”; and(
b ) inserting at the end the following sub-regulation:—“(2) For the purpose of its application to the Military Forces R.P. 122 (B) shall be read as if for the words ‘the King’s Regulations for the Army’, there were substituted the words ‘regulations made under the Defence Act of the Commonwealth of Australia.’”
Regulation 311 is amended by
deleting the words and figures “
Regulation 317 is amended by
deleting the words and figures “
Regulation 329 is amended by
deleting in sub-paragraph (
Regulation 351 is amended by
inserting in sub-regulation (2), next after the word “
Regulation 387 is amended in sub-regulation (2) by—
(
a ) deleting in paragraph (a ) the words “His Majesty’s” and substituting the word “the”; and(
b ) omitting in paragraph (b ) the words “Commissioners of”.
Regulation 388 is amended by—
(
a ) omitting in paragraph (c ) the words “the Commissioners of”; and(
b ) omitting in paragraph (k ) the words and figures “or A.A. 72”.
Regulation 391 is amended by omitting the words and figures “or A.A. 72”.
The following regulation is inserted next after Regulation 599:—
“599a. A chaplain, not being a chaplain-general or a senior chaplain, shall be retired on reaching the age of 65 years, but in special cases the Governor-General may extend the age of retirement for a period not exceeding two years.”
The heading of Division 10 of Part VII., immediately preceding Regulation 603, is amended by deleting the words “Survey Section, Royal Australian Engineers” and substituting the words “Australian Survey Corps”.
Regulation 603 is amended—
(
a ) in sub-regulation (1) by—(i) deleting the words “Survey Section, Royal Australian Engineers” and substituting the words “Australian Survey Corps”; and
(ii) deleting the word “sub-section”, where it twice occurs, and substituting the word “section”; and
(
b )in sub-regulation (2) by deleting the word “sub-section” and substituting the word “section”.
Regulation 604 is amended by deleting the words “Survey Section, Royal Australian Engineers” and substituting the words “Australian Survey Corps”.
Regulation 605 is amended by deleting the words “Survey Section, Royal Australian Engineers” and substituting the words “Australian Survey Corps”.
The heading of Division 12 of Part VII., immediately preceding Regulation 608, is amended by deleting the words “(Universal Training)”.
Regulation 608 is amended by deleting the words “(Universal Training)”.
Regulation 609 is repealed, and the following regulation substituted:—
“609. (1) Members of the Permanent Forces, and such other persons as are approved by the Military Board, may be transferred or enlisted, as the case may be, for service in the Provost Staff.
(2) A person transferred to or enlisted in the Provost Staff under sub-regulation (1) of this regulation, shall engage to serve therein for a period of two years and, upon the expiration of his engagement or subsequent re-engagement, may be re-engaged for a further period of two years: provided that any engagement or re-engagement under this regulation may be for such longer or shorter period as the Military Board shall approve.”
Regulation 702 is amended by omitting in sub-regulation (3) the words—
“heavy (coast) artillery of not less than two batteries,”.
Regulation 705 is amended by—
(
a )numbering the columns of the table therein “(1)”, “(2)” and “(3)” respectively; and(
b )deleting in Column (1) the words “Residences of Governor-General and Governors” and substituting the words “Residences of Governor-General, Governors, Lieutenant-Governors, and officers administering the government”; and(
c ) deleting in Column (2) the words “Governor-General and Governors” and substituting the words “The personages mentioned in Column (1)”; and(
d )deleting, where it twice occurs, the word “Generals” and substituting the words “General officers”; and(
e ) inserting in Column (3), next after the word “general”, the word “officer”.
Regulation 708 is amended by deleting in sub-regulation (1) the words “Thursday Island” and substituting the word “Darwin”.
Regulation 709 is amended by inserting, in column headed “Salutes to Foreign Men of War” and opposite “1st” Military District, the words “Barracks, Darwin”.
Regulation 760 is repealed and the following regulation substituted:—
“760. (1) The company conduct sheet of a soldier shall be destroyed on his promotion to a rank superior to that of sergeant, or on discharge.
(2) The company conduct sheet of a soldier, if containing any entries, shall be destroyed and a new conduct sheet shall be substituted on the following additional occasions:—
(
a ) On completion of his recruit training or of six months from the date of his attestation, whichever first occurs;(
b )On the expiration of every continuous period of two years during which he has not incurred an entry therein; and(
c ) On attaining the rank of sergeant.”
Regulation 820 is amended by inserting at the end the following sub-regulations:—
“(4) Notwithstanding anything contained in these Regulations, where a member of the Permanent Forces, to whom leave with pay has been granted in pursuance of this regulation, recovers or receives damages from a third party, the Military Board may review the grant of leave with pay, and may direct the member to refund, either in a lump sum or in such instalments as the Military Board direct, the whole or any portion of the amount of pay received by him in pursuance of this regulation, and thereupon the amount so directed to be refunded shall be a debt due to the Commonwealth.
(5) If any member of the Permanent Forces—
(
a )fails or refuses to refund the amount directed by the Military Board to be refunded in pursuance of the last preceding sub-regulation; or(
b )requests that the amount be deducted from any moneys from time to time becoming due to him as a member;
the Military Board may direct, that the amount be deducted, in a lump sum or by instalments, from any moneys from time to time becoming due to the member, or may cause such other action to be taken for the recovery of the amount as to the Military Board seems fit.”
Appendix II. is amended by deleting
Note (
“(
b )Any opinion of the convening officer with respect to the composition of the Court (see A.A. 48 (10) (as adapted by A.M.R. 299) R.P. 20 and 21 and A.M.R. 302 and 303) should be added here; thus, where a court martial is ordered to assemble composed exclusively of officers of the same regiment of cavalry or of the same brigade of artillery or of the same battalion of infantry, the following should be added:—‘In the opinion of the convening officer, other officers are not, having due regard to the public service, available’, (or as the case may be).”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra,
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