Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 101

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REGULATIONS UNDER THE DEFENCE ACT 1903-1966.*

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 1903-1966.

Dated this thirtieth day of July, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Andrew Peacock

Minister of State for the Army.

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Amendments of the Australian Military Regulations 

Interpretation.

1. Regulation 3 of the Australian Military Regulations is amended by inserting after sub-regulation (4.) the following sub-regulation:—

“(4a.) In these Regulations, a reference to an Appendix by number shall be read as a reference to the Appendix to these Regulations so numbered.”.

Seniority of W.O’s.

2. Regulation 65 of the Australian Military Regulations is amended by omitting sub-regulation (2.).

Reasons for discharge.

3. Regulation 176 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (n) of sub-regulation (1.), after the words “the interest of”, the words “the Commonwealth or”;

(b) by adding at the end of paragraph (r) of that sub-regulation the word “and”; and

(c) by omitting paragraphs (s) and (i) of that sub-regulation.

Order for the discharge of ft soldier.

4. Regulation 177 of the Australian Military Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) An authority who signs an order for the discharge of a soldier under the last preceding sub-regulation shall, unless the soldier cannot be found—

(a) cause the soldier to be informed of the order; and

(b) cause a copy of the order—

(i) to be given to the soldier; or

 

* Notified in the Commonwealth Gazette on 6 August 1970.

  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; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957, No. 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 171; 1963, No. 28; 1964, Nos. 62, 83, 93 and 149; 1965, Nos. 61, 72, 116, 119, 138 and 174; 1966, Nos. 119 and 167; 1967, Nos. 13, 118 and 168; 1968, Nos. 91 and 96; and 1969, Nos. 76, 94, 96, 197 and 217.

13234/70—Price 8c  10/30.6.1970

 

(ii) to be posted as a letter to the soldier by certified mail, postage being pre-paid, at the last address of the soldier known to the authority,

as soon as practicable after the order is signed.”.

Warrants for arrest and temporary detention, (Peace and war service).

5. Regulation 232 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (1.), after the letters and figures “D.A. 114”, the words “shall be in accordance with Form V in Appendix III and”;

(b)by inserting in sub-regulation (2.), after the letters and figures “D.A.115 (1.)”, the words “shall be in accordance with Form S in Appendix III and”; and

(c) by omitting from sub-regulation (6.) the word “order” and inserting in its stead the words “, by order in accordance with Form W in Appendix III, direct”.

Execution of sentence of imprisonment and detention.

6. Regulation 348 of the Australian Military Regulations is amended—

(a)by omitting from sub-regulation (7.) the word “warrant” and inserting in its stead the word “order”;

(b) by inserting in that sub-regulation, after the word “confined” (second occurring), the words “shall be in accordance with Form N in Appendix III and”; and

(c) by omitting from sub-regulation (9.) the words “give directions for” and inserting in their stead the words “ issue an order in accordance with Form Q in Appendix III directing the”.

Delivery into military custody.

7. Regulation 352 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “order”, the words “,in accordance with Form P or Form Q, whichever is appropriate, in Appendix III,”; and

(b) by inserting in sub-regulation (2.), after the word “order”, the words “, in accordance with Form M in Appendix III,”.

Competent military authorities.

8. Regulation 353 of the Australian Military Regulations is amended by omitting sub-paragraph (i) of paragraph (b) of sub-regulation (1.) and inserting in its stead the following sub-paragraph:—

“(i) any authority mentioned in paragraph (a) of this sub-regulation;”.

Commitment after conviction by civil court.

9. Regulations 356 of the Australian Military Regulations is amended by omitting the words “the Appendices to these Regulations” and inserting in their stead the words “Appendix III”.

Interim custody of soldiers under sentence. (Peace and war service).

10. Regulation 357 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (3.), after the word “regulation”, the words “shall be in accordance with the appropriate form in Appendix III and”; and

(b) by omitting from sub-regulation (4.) the word “order” and inserting in its stead the words “, by an order in accordance with Form U in Appendix III, direct”.

Interpretation.

11. Regulation 481fof the Australian Military Regulations is amended by omitting sub-regulation (4.).

 

12. Regulation 508 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Portions of training not required for efficiency.

“508.—(1.) Subject to the succeeding sub-regulations of this regulation, a member of the Citizen Forces shall, for the purpose only of determining whether he is to be classified ‘efficient’ or ‘non-efficient’ in respect of a year of training, be deemed to have attended the obligatory training held in that year—

(a) before he was appointed an officer or enlisted as a soldier, as the case may be; or

(b) during a period of leave of absence granted on account of sickness or for any other reason that his C.O. has, by instrument in writing, certified to be a reason outside the control of the member.

“(2.) Where an officer was appointed an officer after the commencement of a year of training and was a soldier immediately before being appointed an officer—

(a) if he enlisted as a soldier in the same year of training—he shall be deemed, for the purpose of the last preceding sub-regulation, to have attended only so much of the obligatory training held in that year of training before he was appointed an officer as was held before he enlisted as a soldier; or

(b) in any other case—he shall not be deemed, for the purpose of the last preceding sub-regulation, to have attended any obligatory training held in that year of training before he was appointed an officer.

“(3.) Where a member has been granted leave of absence of a kind referred to in paragraph (b) of sub-regulation (1.) of this regulation, the member shall not be deemed, for the purpose of that sub-regulation, to have attended the obligatory training held during the period of that leave of absence unless his C.O. has, by instrument in writing, certified that it was, as a result of that absence, impracticable for him to complete the training required of him by the last preceding Division during that year.”.

Assessment of claims.

13. Regulation 816 of the Australian Military Regulations is amended by omitting sub-regulations (4.) and (4a.).

Exercises and bivouacs.

14. Regulation 817 of the Australian Military Regulations is amended by omitting sub-regulation (3.).

Appendix III.

15. Appendix III to the Australian Military Regulations is amended—

(a) by omitting Forms A, B, C and D;

(b) by inserting in the headings to Forms E, F, G, H, I, J and K, before the letters “A.M.R.”, the letters and figures “D.A. 115 (1.),”;

(c) by omitting from the heading to Form N the figures “, 350 (7.)”;

(d) by inserting in the heading to Form Q, after the letters and figures “A.M.R. 348 (9.)”, the figures “, 352 (1.)”;

(e) by inserting in Form Q, before the word “by” (first occurring), the word “imposed”;

(f) by omitting from Form T the letters and figures “A.M.R. 357 (3.)” (wherever occurring) and inserting in their stead the letters, figures and word “D.A. 115 (2.) or A.M.R. 357 (3.)”;

 

(g) by omitting from Form V the words—

“a person liable to be tried by court-martial for an offence committed by him.”

and inserting in their stead the words—

“a person liable to be tried by court-martial for the offence/offences (a), namely, (c) .”; and

(h) by adding at the end of Form V the following footnote:—

“(c) Here state the offence or all offences, if more than one, for which the person is liable to be tried. An offence should be stated in the words of the charge and include particulars of the time and place at which, and the circumstances in which, the offence was alleged to have been committed.”.

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