Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No. 229.

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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 eighth day of December, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command.

GRANVILLE RYRIE,

Acting Minister of State for Defence.

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Australian Military Regulations 1916.

Amendments.

(a) The heading “Instructional Staff” immediately preceding regulation 167 is deleted.

Regulation 167 and 173 inclusive are repealed and the following heading and regulation substituted therefor:—

“School of Instruction for the Training of an Instructional Staff of Non-Commissioned Officers.

167. The courses of training at a special school of instruction under section 21b of the Act for the training of an instructional staff of non-commissioned officers shall be held at the Central Training Depot and shall, unless the Military Board otherwise directs, be of a duration of six months. The requirements for the eligibility and the nature and syllabus of examinations of candidates for admission to the school of instruction shall be as approved by the Military Board.

(b) Regulation 505 is repealed and the following substituted therefor:—

“505. (1) An officer or soldier whether on war service or subject to military law under these Regulations or not by whom an offence against the Defence Act or any regulation made thereunder or the Army Act is alleged or suspected to have been committed may be suspended from duty while an investigation of the matter is made, and, until in consequence of the investigation or on other information relating to the matter, he is charged with such an offence and placed in arrest, or the suspension is removed.

(2) If an officer or soldier while suspended under sub-regulation (1) of this regulation is placed in arrest in consequence of a charge not connected with the matter under investigation his suspension shall nevertheless be deemed to continue until disposed of as provided in sub-regulation (1) of this regulation.

(3) An officer or soldier against whom for any such offence as is mentioned in sub-regulation (1) of this regulation or any other offence proceedings are commenced in a civil court of criminal jurisdiction may be suspended from duty or may be continued under suspension until the completion of the proceedings.

(4) An officer or soldier while suspended under this regulation shall not be entitled to receive any pay or allowance in respect of the period of suspension.

(5) If a charge is not made and a civil prosecution is not commenced against an officer or soldier in relation to a matter in respect of which he has been suspended under this regulation, or if all charges made and prosecutions commenced are respectively abandoned, dismissed or result in acquittal the suspension shall be removed and the officer or soldier shall become entitled to receive pay and allowances as if there had been no suspension, but if the officer or soldier is convicted on any such charge or prosecution he shall forfeit all pay and allowances for the period during which he was under suspension.

(6) Suspension under this regulation may be ordered or removed by the Adjutant-General or a formation, &c., commander, and, in the case of a soldier, by his commanding officer.”

      

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