Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1930. No.26.

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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 fourteenth day of March, 1930.

(Sgd.) STONEHAVEN

Governor-General.

By His Excellency’s Command,

Minister of State for Defence

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Australian Military Regulations.

(Statutory Rules 1927, No.149.)

Amendments.

A.M.R. 3 is amended by deleting in sub-regulation (3) thereof

“A.M.B...........................................	Australian Military Book.
A.M.F. ..........................................	Australian Military Form”

and substituting —

“A.A.B...........................................	Australian Army Book.
A.A.F.............................................	Australian Army Form.”

A.M.R. 4 is amended by deleting the figures “1916” and substituting the figures “1918”.

A.M.R. 30 is amended by inserting in paragraph (a) thereof next after the words “Distribution of Troops” the words “Aid to the Civil Power” and by omitting in paragraph (b) thereof the words “Duties in aid of the Civil Power”.

A.M.R. 41 is amended by deleting the words “the Northern Territory of Australia” and substituting the words “North Australia,” and by inserting the words “Central Australia and” next after the words “South Australia, together with”.

A.M.R.84 is amended by deleting in sub-regulation (3) thereof the words —

“The part of the Australian Field Artillery in a military district.

Each branch of the Australian Garrison Artillery in a military district.

Each branch of the Corps of Australian Engineers in each military district.”

and substituting the words —

“The part of the Australian Artillery in a military district.

The part of the Corps of Australian Engineers in a military district.”

A.M.R. 107 is amended by deleting the word “of” next after the word “engineers” and substituting the words “or Australian Army Ordnance Corps in”.

A.M.R. 126 is amended by inserting in paragraph (a) thereof the word “brigadier of” immediately before the words “major-general,” and the words “or who has held the rank of brigadier for three years in all, or holds that rank at the time of his retirement on account of age, of”, immediately after the words “time of war”, and the words “or held immediately” after the words “so conferred”.

 

A.M.R.146 is repealed and the following regulation substituted:—

Reversion of W.O. and N.C.Os. of Citizen Forces on assembly for war service.

146. (1) Every W.O. and N.C.O. of the Citizen Forces on first becoming employed on war service under D.A. 47 shall revert to the ranks.

(2) Sub-regulation (1) of this regulation shall not apply to attendance for the purpose of undergoing the annual training or any part of the annual training prescribed for the Citizen Forces.

A.M.R. 167 is amended by deleting the word “from” where it twice occurs and substituting the word “on”.

A.M.R. 203 is amended by deleting the word “lawfully” in paragraph (vi) of sub-regulation (1) thereof and substituting the word “legally” and by inserting in paragraph (liv) of that sub-regulation the words “aerial machine,” next after the word “bullock”.

A.M.R. 215 is amended by deleting the word “or” in proviso (vi) to sub-regulation (1) thereof and substituting the word “and”.

A.M.R. 216 is amended by deleting the word ‘“provided”‘ in sub-paragraph (iv) of paragraph (c) thereof and substituting the words ‘“provided” where is first occurs.’

A.M.R. 226 is amended by inserting the words “except on duty or with special permission” next after the word “camp” in paragraph (a) of sub-regulation (2) thereof and by deleting the word “but” in paragraph (b) of that sub-regulation and substituting the words “ and may be ordered to perform all duties”; and by omitting paragraph (c) of that sub-regulation.

The following regulation, is inserted next after A.M.R. 226:—

Variation of nature of arrest.

226a. The nature of the arrest of an officer or soldier may be varied from time to time by any person by whom arrest of the officer or soldier could be ordered.

A.M.R. 239 is amended by inserting at the end of sub-paragraph (ii) of paragraph (c) of sub-regulation (2) thereof the words “and there were inserted next after the words ‘district court martial’ where they last occur the words ‘or when the soldier is a member of the Citizen Military Forces of the Commonwealth of Australia not on war service within the meaning of the Defence Act of the Commonwealth of Australia, alternatively, by a civil court having jurisdiction.’ ”

A.M.R. 246 is amended by deleting the words “elects to be tried” and substituting the words “on his own election or otherwise is remanded for trial”.

A.M.R. 255 is amended by inserting in paragraph (b) thereof next after the word “summarily” the words “or by a civil court having jurisdiction”.

A.M.R. 260 is amended by omitting in sub-regulation (1) thereof the words “minor punishments and” and by inserting in that sub-regulation next, after the word “drunkenness” first occurring the words “and minor punishments”.

A.M.R. 266 is amended by inserting at the end thereof the following sub-regulation:—

(3) In this regulation the word “Commonwealth” includes the Territory for the Seat of Government of the Commonwealth and Territory deemed to be part thereof.

A.M.R. 296 is amended by inserting at the end thereof the following sub-regulation:

(4) The Military Board or a formation, &c., commander may by writing authorize the payment or deduction by any instalments of any fine or sum of money mentioned in sub-regulation (1) of this regulation and may by writing vary from time to time or cancel any such authority. While any such authority remains in force, payment shall not be required and deduction shall not, be made otherwise than by the instalments authorized. Every such authority given, while the person to whom it relates is a member, shall lapse on his ceasing to be a member.

A.M.R. 319 is amended by inserting at the end thereof the following sub-regulation:—

(3) For the purpose of their application to the Military Forces, whether on war service or not, A.A. 130 (1), (2) and (3) shall be read as if next after the words “His Majesty” there were inserted the words “or the Governor-General of the Commonwealth of Australia “.

A.M.R. 326 is amended by inserting in paragraph (b) thereof next after the words ‘“this Act’” the words “(in sub-section (9) where they secondly occur)”.

The following regulation is inserted next after A.M.R. 338:—

Amendment of proceedings.

338a. The president and judge advocate or, if there is no judge advocate, the president of a court martial may, before or after confirmation, amend the record of its proceedings to accord with the facts, by correcting errors or supplying omissions or both.

A.M.R. 352 is amended by inserting at the end thereof the following sub-regulation:—

Insanity Adaptation of A. A. 130 (5).

(8) For the purpose of its application to the Military Forces whether on war service or not, A. A. 130 (5) shall be read with the following adaptations that is to say: —

(a) as if next after the words “ undergoing detention “ there were inserted the words “or penal servitude “; and

(b) as if next after the words “this Act” there were inserted the words “or the Defence Act of the Commonwealth of Australia”; and

(c) as if for the words “detention barrack “ there were substituted the words “place of detention under the Australian Military Regulations”.

A.M.R.387 is amended by inserting “or R.P. 73 (a), section 31, of the Acts Interpretation Act 1901-1918,” next after “A. A. 127”.

A.M.R. 398 is amended by deleting in paragraph (g) thereof the words “in relation to the Northern Territory “ and substituting the words “in relation to Central Australia and North Australia” and by inserting the words “Northern Australia Act 1926, section 38” immediately after the figures “1911” in that paragraph.

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

A.M.R. 412 is amended by omitting in sub-regulation (6) thereof the word “not” and by deleting in that, sub-regulation the words “upon persons separated from the crowd” and substituting the words “only upon those who can be seen to be implicated in the disturbance”.

A.M.R. 454 is amended by deleting the figures “1920” and substituting the figures “1927”.

A.M.R. 479 is amended by adding at the end of sub-regulation(3) thereof the words “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 retires.”, and by adding next after the words “of this regulation” in sub-regulation (4) thereof the words “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.”

A.M.R. 708 is amended by omitting in the first column of the table contained in sub-regulation (1) thereof the words “Saluting Battery, Hobart” and the signs opposite those words in the third column of that table.

A.M.R. 709 is amended by omitting from the third column of the table therein the following words, “Drill ground, Kelvin Grove”; “Government Domain” (where they twice occur); “Parade Ground”; “King’s Park”; “Queen’s Battery”, and by inserting next after that table the following:—

“The locality at which salutes are to be fired at each saluting station mentioned in the third column of the table shall be as approved by the Military Board and notified in A.A.O.’s.”

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By Authority: H. J. Green, Government Printer, Canberra.