Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1932. No. .

__________

REGULATIONS UNDER THE DEFENCE ACT 1903-1927.

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 1903-1927, to come into operation forthwith.

Dated this fourth day of August, 1932.

(Sgd.) ISAAC A. ISAACS.

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.)

Amendments.

1. A.M.R. 2 is amended by omitting from the particulars of Part IV., Division 20, the words and figures “or A.A. 72 “.

2. A.M.R. 41 is amended by—

(a) deleting the words “North Australia” and substituting the words “that portion of the Northern Territory of Australia situated North of the twentieth parallel of South latitude”; and

(b) deleting the words “Central Australia and” and substituting the words “that portion of the Northern Territory of Australia situated South of the twentieth parallel of South latitude and”.

3. A.M.R.64 is amended by inserting in sub-regulation (1) thereof—

(a) next below the words “ Lance-sergeant”—

the words “ *Armourer lance-sergeant”;

(b) next below the words “ *Corporal cook”—

the words “*Armourer corporal”;

(c) next below the words “ *Engineer ledgerkeeper and storekeeper lance-corporal”—

the words “ *Armourer lance-corporal”.

4. A.M.R. 68 is amended by deleting in sub-regulation (1) thereof the words—

“The Australian Army Service Corps,

The Australian Army Medical Corps,

2045.—Price 5d.

The Australian Army Ordnance Corps,

The Australian Army Veterinary Corps,

The Australian Army Legal Department,

The Australian Engineer and Railway Staff Corps,

The Australian Army Chaplains’ Department,

The Australian Army Pay Corps,

The Australian Army Nursing Service,

The Australian Reserve Forces.”

and substituting the words—

“The Australian Army Chaplains’ Department,

The Australian Army Service Corps,

The Australian Army Medical Corps,

The Australian Army Ordnance Corps,

The Australian Army Pay Corps,

The Australian Army Veterinary Corps,

The Australian Army Legal Department,

The Australian Engineer and Railway Staff Corps,

The Australian Army Nursing Service,

The Australian Reserve Forces.”

5. A.M.R. 75 is amended by deleting in sub-regulation (1) thereof, the words “a unit or area” and substituting the words “a unit of the area”.

6. A.M.R. 113 is amended by inserting at the end thereof the following sub-regulation:—

“(4) An officer of the Senior Cadets, who qualifies for his rank under the syllabus and conditions which apply to officers of the Citizen Forces, may be appointed an officer of the Citizen Forces on the Unattached List with rank equal to his rank in the Senior Cadets.”

7. A.M.R. 115 is amended by inserting next after sub-regulation (2) thereof the following sub-regulation:—

“(2a) In the case of an officer on the Unattached List by virtue of appointment under A.M.R. 113 (4), the period of five years mentioned in sub-regulation (1) of this is regulation shall commence when he ceases to be an officer of the Senior Cadets: provided that if he has not served as an officer of the Senior Cadets for at least five years he shall not be transferred to the Reserve of Officers, and his appointment on the Unattached List shall terminate when he ceases so to serve.”

8. A.M.R. 120 is amended by—

(a) inserting at the end of sub-regulation (4) thereof the words “: provided that an officer on a Regimental List of officers in the Reserve of Officers may be permitted to remain in the Reserve of Officers so long as he remains on that List.”; and

(b) adding at the end of paragraph (b) of sub-regulation (6) thereof the word “; or” and inserting the following paragraph:—

“(c) has been an officer of the Permanent Forces—”.

9. The following regulation is inserted next after A.M.R. 120:—

“120a. An officer in the Reserve of Officers may, with the approval of the Military Board, be placed upon a Regimental List of officers in the Reserve of Officers and be transferred from one such list to another, but the total period of service of an officer on one or more such lists shall not, except with the approval of the Military Board, exceed seven years.”

10. A.M.R. 132 is amended by inserting in sub-regulation (2) thereof, next after the words “Reserve of Officers List”, the words “, not being on a Regimental List of officers in the Reserve of Officers,”.

11. A.M.R.135 is amended by deleting the words “four years” and substituting the words “three years”.

12. A.M.R. 140 is amended by deleting in sub-regulation (1) thereof the words “four years” and substituting the words “one year, or, in either case, for such longer or shorter period as the Military Board shall approve, and commencing in every case at that expiration”.

13. A.M.R. 165 is amended by deleting in sub-paragraph (a) of sub-regulation (1) thereof the words “is liable to serve under Part XII. of the D.A.,” and substituting the words “service is demanded of him under Part XII of the D.A.;”.

14. A.M.R. 191 is amended by deleting sub-regulation (1) thereof and substituting the following sub-regulation:—

“(1) Except as provided in this regulation every soldier, whenever enlisted or appointed, shall be discharged, if a member of the Permanent Forces, on reaching the age of 60 years; and, if a member of the Citizen Forces, on reaching the age of 48 years: provided that a soldier of the Citizen Forces who attained the age of 48 years before the coming into operation of this sub-regulation shall be discharged on the termination of his current engagement.”

15. A.M.R. 192 is amended by inserting in sub-regulation (4) thereof, next after the words “formation, &c., commander”, the words “and subject to sub-regulation (1) of this regulation”.

16. A.M.R. 201 is amended by—

(a) inserting next after the figures “201” the figure “(1)”; and

(b) inserting next after the words “Military Forces”, wherever occurring, the words “or of a Rifle Club”; and

(c) inserting at the end thereof the following sub-regulation:—

“(2) It shall not be necessary, under or by reason of any law of a State, to obtain or have any licence or permission for—

(a) keeping; or

(b) supplying, on sale or otherwise, to members of the Military Forces; or

(c) supplying, at the expense of members of the Military Forces, to their guests; or

(d) permitting the consumption of;

intoxicating liquor at any mess or military institute constituted in accordance with these Regulations, or at any gathering of members of the Military Forces (with or without guests) authorized by proper military authority, if the intoxicating liquor is the property of the Commonwealth or of the mess or military institute or of the members of the Military Forces for whose benefit the mess or military institute is established or maintained, or of the gathering.”

17. A.M.R. 239 is amended by—

(a) deleting sub-paragraph (ii) of paragraph (c) of sub-regulation (2) thereof and substituting the following sub-paragraph:—

“(ii) in sub-section (8) for the words ‘this section’ there were substituted the words ‘regulations made under the Defence Act of the Commonwealth of Australia’ and there were inserted next after the words ‘district court-martial’, where they lastly occur, the words ‘or, alternatively, by a civil court having jurisdiction’”; and

(b) inserting at the end of sub-regulation (2) thereof the following paragraph:—

“(d) R.P. 5 (a) (i) shall be read as if next after the words ‘court-martial’ there were inserted the words ‘or a civil court having jurisdiction’”.

18. A.M.R. 256 is amended by deleting in paragraph (c) of sub-regulation (2) thereof the words “liable to be trained under that part” and substituting the words “belonging to a class of whom service under that Part is being demanded”.

19. A.M.R.263 is amended by—

(a) deleting in sub-regulation (1) thereof all words after the words “may order”, and substituting the words “them to attend extra drill which shall be limited to one hour a day, and shall include some form of useful instruction”; and

(b) deleting sub-regulation (2) thereof.

20. A.M.R. 275 is amended by—

(a) deleting the word “of” where it occurs in paragraphs (b) and (c),and where it secondly occurs in paragraphs (d) and (e), and substituting the words “not exceeding”; and

(b) inserting the following paragraph:—

“(i) In fixing the amount of the fine, all the circumstances of the case should be considered.”

21. A.M.R. 276 is amended by—

(a) deleting in sub-regulation (3) thereof the words “, when assembled,”; and

(b) inserting in sub-regulation (6) thereof next after the word “witnesses”, where it firstly occurs, the words “including those”; and

(c) deleting in sub-regulation (6) thereof the words “in making their declaration”, and substituting the words “in arriving at their conclusions”.

22. A.M.R.277 is repealed and the following regulation substituted:—

“277. A.A. 72, R.P. 124 in relation to A.A. 72, and R.P. 125 shall not apply to the Military Forces.”

23. A.M.R. 278 is amended by—

(a) omitting in sub-regulation (1) thereof the words and figures “or A.A. 72”; and

(b) deleting in sub-regulation (2) thereof the words “any number of” and substituting the words “two or more”; and

(c) inserting next after sub-regulation (2) thereof the following sub-regulation:—

“(2a) Previous notice should, as far as practicable, be given of the time and place of assembly of the court, and of all sittings of the court, to all persons concerned in the inquiry.”; and

(d) deleting sub-regulation (5) thereof and substituting the following sub-regulation:—

“(5) A soldier the subject of an inquiry under A.M.R. 276 shall be entitled to a copy of the declaration of the court, which shall be supplied by the person having the custody of the original or of the record thereof in the regimental books, on the application of the soldier, and on payment of the actual cost of the copy, not exceeding 3d. for every folio of 72 words.”.

24. A.M.R. 295 is amended by inserting in paragraph (a) of sub-regulation (1) thereof, next after the word “charge” where it firstly occurs, the words “which is investigated by a proper military authority or tried by court martial”.

25. A.M.R. 308 is amended by inserting in sub-paragraph (c) thereof, next after the word “end”, the words “of the first sentence”.

26. A.M.R. 352 is amended by inserting in sub-regulation (6) thereof, next after the words “military prisoner”, the words “or military convict”.

27. A.M.R. 357 is amended by deleting in sub-regulation (4) thereof, the figure “(2)” and substituting the figure “(3)”.

28. The following regulation is inserted next after A.M.R. 365:—

“365a. Rules made under A.A. 67 (3) shall apply to members of the Military Forces confined in places in which those rules are in force by the direct operation of the A.A., but otherwise shall not apply to the Military Forces.”.

29. The heading of Division 20 of Part IV., immediately preceding A.M.R. 371, is amended by omitting the words and figures “or A.A. 72”.

30. A.M.R. 372 is amended by deleting in sub-regulation (3) thereof the words “any number of” and substituting the words “two or more”.

31. A.M.R. 373 is amended by—

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

“(1a) Whenever it appears that the character or military reputation of an officer or soldier, who has not previously been notified of his rights under this regulation, may be affected as mentioned in sub-regulation (1) of this regulation, the president of the court shall take all steps necessary to ensure that the officer or soldier receives notice of those rights. The president of the court shall also satisfy himself that every officer and soldier present, whose character or military reputation may be so affected, understands those rights.”; and

(b) deleting in sub-regulation (2) thereof the words “the last preceding sub-regulation” and substituting the words “sub-regulation (1) of this regulation”.

32. A.M.R.386 is repealed and the following regulation substituted:—

“386. R.P. 124 and 125a shall not apply to the Military Forces.”.

33. A.M.R. 398 is amended by deleting paragraphs (g) and (h) thereof and substituting the following paragraphs:—

“(g) in relation to the Northern Territory, a Special Magistrate or a Justice of the Peace or the Sheriff, and if within a corporate town, alternatively, the Mayor thereof (Criminal Law Consolidation Act, 1876, of South Australia, Section 300; Northern Territory Acceptance Act 1910, Section 7; Northern Territory (Administration) Act 1910-1931, Section 5; Sheriff Ordinance 1911; Justice Ordinance 1928-1931, Section 10.); and

(h) in relation to the Territory for the Seat of Government, including the territory accepted by the Commonwealth in pursuance of the Jervis Bay Acceptance Act 1915, the Sheriff or Under-Sheriff of New South Wales, or a Justice of the Peace, or, except in the territory that was so accepted, a Magistrate within the meaning of the Court of Petty Sessions Ordinance (No. 2) 1930 (L Geo. 1, St. 2, ch. 5; Seat of Government Acceptance Act 1909, Section 6; Seat of Government (Administration) Act 1910-1931, Section 4; Provisional Government Ordinance 1911-1928, Sections 3 and 4; Court of Petty Sessions Ordinance (No. 2) 1930, Section 17.).”.

34. A.M.R. 407 is amended by deleting, in paragraph (g) of sub-regulation (3) thereof, the words “Central Australia and North Australia” and substituting the words “ the Northern Territory”.

35. A.M.R. 473a is repealed.

36. A.M.R. 476 is amended by inserting next before the word “holiday”, where it firstly and secondly occurs, the words “Sunday or”.

37. A.M.R. 477 is repealed.

38. A.M.R.545 is repealed and the following regulation substituted:—

“545. First appointment to commissioned rank in the Australian Army Medical Corps (Citizen Forces), other than of persons mentioned in A.M.R. 546, shall be to the rank of captain, provisionally.”

39. A.M.R. 546 is amended by omitting the words “, and are not liable to be trained under part XII. of the D.A.,”.

40. A.M.R. 570 is repealed and the following regulation substituted:—

“570. First appointment to commissioned rank in the Australian Army Veterinary Corps (Citizen Forces) shall be to the rank of captain, provisionally.”

41. A.M.R. 575 is amended by deleting in sub-regulation (2) thereof the words from “liable” to “Act”, both included, and substituting the words “under the age of twenty-five years”.

42. A.M.R. 579 is amended by inserting in sub-regulation (1) thereof, next after the word “Department”, the words “or who would be so qualified if they had attained the age of twenty-five years”.

43. A.M.R. 620 is amended by omitting the word “general”.

44. A.M.R. 630 is amended by—

(a) inserting next after the word “battalion”, where it firstly occurs, the words “or equivalent command”; and

(b) deleting the words “a battalion of the Senior Cadets or a detachment thereof” and substituting the words “organized in respect of any educational establishment approved by the Military Board or any combination of two or more such establishments”.

45. A.M.R. 679 is amended by inserting at the end of paragraph (i) thereof the words “At a parade held to commemorate the birthday of the King the same honours and salutes will be accorded as if His Majesty were present.”.

46. A.M.R. 693 is amended by deleting in sub-regulation (1) thereof the words “They are similarly to salute those warrant officers of any of His Majesty’s Naval Forces who hold rank corresponding to that of commissioned officers in the Military Forces.”.

47. A.M.R. 702 is amended in sub-regulation (3) thereof by—

(a) deleting the word “four”, where it twice occurs, and substituting the word “three”; and

(b) inserting next after the word “companies,” where it firstly occurs, the words “a corps or divisional signals,”.

48. A.M.R. 707 is amended by inserting next after the word “parade”, where it secondly occurs, the words “, except when a parade is held in honour of the birthday of the Sovereign. On such occasions, the Royal Standard, if available, will be flown as prescribed in the training manuals”.

49. A.M.R. 708 is amended by deleting sub-regulations (2) and (3) thereof and substituting the following sub-regulation:—

“(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.”

50. A.M.R. 760 is amended by deleting in sub-regulation (2) thereof the word “discharge” where it secondly occurs.

________________________

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