Australian Military Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 170

REGULATIONS UNDER THE DEFENCE ACT 19031

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.

 Dated this twenty-third day of August 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

_______________

AMENDMENTS OF THE AUSTRALIAN MILITARY

REGULATIONS2

• 1.

  Regulation 816 of the Australian Military Regulations is repealed and the following regulation substituted:

Assessment of claims

“816. (1) Where an authority to use land has been given under section 69 of the Act, a board shall be assembled–

• (a)

  in the case where the authority is for the use of land for the purposes of military training by the Royal Military College-by the Commandant of the Royal Military College; or

• (b)

  in any other case-by the Commander of the Military District in which the land is situated or of a Command whose members have used the land in accordance with that authority,

to assess the amount of compensation to be made for damage or loss sustained by the owner or occupier by reason of the use of the land.

• “(2)

  All claims shall be submitted to the officer indicated for that purpose in the authority referred to in sub-regulation (1).

• “(3)

  The board shall be assembled in accordance with Division 20 of Part IV and shall include a person competent to assess the damage or loss and a representative of the Secretary to the Department of Defence.

• “(4)

  Where possible, the board shall include also a person resident in or personally acquainted with the locality where the damage or loss occurred.

• “(5)

  Claims for compensation shall be assessed and the amount to be paid ascertained during or as soon as practicable after the use of the land in pursuance of the authority given under section 69 of the Act.

• “(6)

  Claims assessed under sub-regulation (5) shall be paid by the representative of the Secretary to the Department of Defence referred to in sub-regulation (3).”.

2Surveys

 Regulation 818 of the Australian Military Regulations is amended by omitting “Command Paymaster” and substituting “Department of Defence”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 August 1979.

2. Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 20 and see also