Australian Military Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1922. No. 98.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1918.

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 1903-1918, to come into operation forthwith.

Dated this fifth day of July, 1922.

FORSTER,

Governor-General.

By His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Defence.

 

Australian Military Regulations 1916.

Amendments.

Australian Military Regulations 1916 are amended as follows:—

(a) Regulation 309a (2).—Delete the words “under paragraph (d)”and insert in lieu thereof the words “under paragraphs (c) and (d)”.

(b) Regulation 824 (1).—Delete the words “a Board of not less than three officers and the President of the Board shall be the ‘officer appointed in that behalf’ as required by Section 133 of the Act” and insert in lieu thereof the words “Commanding Officers”.

(c) Regulation 824 (2) is repealed.

(d) Regulation 824 (3) is repealed.

(e) Regulation 824 (4).—Delete the words “The Board” and insert in lieu thereof the words “Commanding Officers”.

(f) Regulation 824 (6).—Delete the words “The procedure of the Boards is not limited, but they may determine by seeing the work of those to be classified, or by taking evidence, or of their own knowledge”. Delete the words “the Boards” occurring in the fifth line and insert in lieu thereof the words “Commanding Officers”.

(g)Regulation 824 (9) is repealed and the following inserted in lieu thereof:—

“(9). A Commanding Officer in determining the classification under Section 133 of the Act of soldiers liable to be trained under Part XII. of the Act may be guided by the written report of their company or other like commander who for this purpose may be required to prepare annual lists of all soldiers liable to be trained under Part XII. of the Act under his command setting out the record of attendance and his opinion in each case as towhether the soldier has attained the degree of efficiency reasonably to be expected of him. The preparation of these reports does not, however, in any way relieve the Commanding Officer of the responsibility for himself determining the classification of soldiers and he is responsible for exercising his judgment as to the extent to which he should be guided by the reports”.

   

(h)Regulation 825 (2).—Delete the words “the Board appointed to determine the efficiency for the current year” and insert in lieu thereof the words “Commanding Officers”.

(j) Regulation 825 (3).—Delete the words “the Board appointed to determine efficiency” and insert in lieu thereof the words “Commanding Officers”.

(k)Regulation 1215 (1) is repealed and the following inserted in lieu thereof:—

“Commanding Officers shall determine the efficiency of each Senior Cadet”.

(l) Regulation 1215 (2) is repealed and the following inserted in lieu thereof:—

“(2) A Commanding Officer in determining the classification under Section 133 of the Act of Senior Cadets may be guided by the written report of their company commander who for this purpose may be required to prepare annual lists of all Senior Cadets under his command setting out the record of attendances and his opinion in each case as to whether the Senior Cadet has attained the degree of efficiency reasonably to be expected of him. The preparation of these reports does not, however, in any way relieve the Commanding Officer of the responsibility for himself determining the classification of Senior Cadets and he is responsible for exercising his judgment as to the extent to which he should be guided by the reports”.

(m) Regulation 1215a (2).—Delete the words “the Board appointed to determine efficiency for the current year” and insert in lieu thereof the words “Commanding Officers”.

(n) Regulation 1215a (3).—Delete the words “the Board appointed to determine efficiency” and insert in lieu thereof the words “Commanding Officers”.

   

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0