Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No.

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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 twenty-second day of May, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Phillip Lynch

Minister of State for the Army.

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Amendments of the Australian Military Regulations 

Definitions.

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

(a) by inserting in sub-regulation (1.), after the definition of “Proper military authority”, the following definition:—

“‘Public property’ means property of—

(a) the Commonwealth;

(b) a Department of the Commonwealth;

(c) any part of the Defence Force; or

(d) a force co-operating with the Defence Force.”;

(b) by inserting in that sub-regulation, after the definition of “Sentence”, the following definition:—

“‘Service property’ includes the property of a mess, band, canteen or institution belonging to or connected with a part of the Defence Force or of a force co-operating with the Defence Force.”; and

(c) by inserting in that sub-regulation, after the definition of “Superior officer”, the following definition:—

“‘Temporary rank’, in relation to an officer, means a rank to which the officer has been promoted temporarily.”.

Application of Regulations.

2. Regulation 9 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (2b.), after the figure “130,”, the figure “133,”; and

(b) by inserting in that sub-regulation, after the word “Procedure”, the words “, and the Appendices to the Rules of Procedure,”.

 

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1927, No. 149 as amended to date. For previous amendments of the Australian Military Regulations, see footnote   to Statutory Rules 1969, No.  and see also Statutory Rules 1969, No. .

13788/69—Price 8c  10/8.5.1969

 

Modification of A.A. in its application to Military Forces.

3. Regulation 9 of the Australian Military Regulations is amended by omitting from the table in paragraph (b) of sub-regulation (2a.) the words—

“190 Omit from the definition of ‘service’ the words ‘(other than Dominion forces)’ (wherever occurring)”.

Forms in Regulations and Appendices.

4. Regulation 18 of the Australian Military Regulations is amended by omitting sub-regulation (4.).

Transfer and appointment to Reserve of Officers.

5. Regulation 120 of the Australian Military Regulations is amended by omitting sub-regulation (4a.).

Ages for retirement of officers.

6.Regulation 124 of the Australian Military Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Subject to the succeeding sub-regulations of this regulation, the age for the compulsory retirement of an officer of the Regular Army Supplement is sixty years.”.

Retired list and military title after retirement.

7. Regulation 125 of the Australian Military Regulations is amended by inserting in sub-regulation (2.), after the word “substantive”, the word “, temporary”.

Period of engagement.

8. Regulation 135 of the Australian Military Regulations is amended by omitting paragraph (d) of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(d) was absent from duty on leave without pay for a period in excess of twenty-one days.”.

Reasons for discharge.

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

(a) by omitting from paragraph (h) of sub-regulation (1.) the words “for service in the Military Forces”;

(b) by omitting paragraph (j) of that sub-regulation;

(c) by inserting after that sub-regulation the following sub-regulation:—

“(1a.) For the purposes of section 44 of the Act, each of the reasons prescribed by paragraphs (a), (g) and (k)of the last preceding sub-regulation is a reason for the discharge of a national serviceman who is serving in the Regular Army Supplement under a re-engagement referred to in sub-section (5.) of section 27 of the National Service Act”; and

(d) by adding at the end thereof the following sub-regulation:—

“(3.) In this regulation, “medically unfit” includes unfit because of mental incapacity.”.

Order for the discharge of a soldier.

10. Regulation 177 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to the next succeeding regulation—

(a) the discharge of a soldier, not being a national serviceman, for a reason prescribed by sub-regulation (1.) of the last preceding regulation; or

(b) the discharge of a national serviceman for a reason prescribed by sub-regulation (1a.) of that regulation or by sub-section (2.), (3.), (5.), (5a.) or (6.) of section 35b of the National Service Act,

shall be effected in accordance with an order for the discharge of the soldier signed by an authority having power under section 44 of the Act to discharge the soldier.”.

Modifications and adaptations of a. a. (War Service.)

11. Regulation 191 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (a)of sub-regulation (2.), after the word “Forces”, the words “(other than the Regular Army Supplement)”; and

(b) by inserting after that paragraph the following paragraph:—

“(aa) in the case of a soldier enlisted in the Regular Army Supplement—sixty years;”.

Age for compulsory retirement of a soldier— general.

12. Regulation 202 of the Australian Military Regulations is amended by adding at the end thereof the following paragraphs:—

“; (j) a.a. 190, as if after the definition of ‘prescribed’ there were inserted the following definition:—

‘“public property” has the same meaning as in the Australian Military Regulations’;

(k) a.a. 190, as if for the definition of ‘service’ there were substituted the following definition:—

‘“service”, when qualifying institution, necessaries, books, band, mess or canteen, means belonging to, or connected with, a part of the Defence Force or of a force co-operating with the Defence Force;’; and

(l) a.a. 190, as if after the definition of ‘service’ there were inserted the following definition:—

‘“Service property” has the same meaning as in the Australian Military Regulations’;”.

Offences by persons subject to military law. (Peace.)

13. Regulation 203 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (XXVIII) of sub-regulation (1.) the words “, regimental or garrison” and inserting in their stead the words “property or service”;

(b) by omitting from paragraph (XXXII) of that sub-regulation the words “or belonging to any regimental band, regimental or garrison mess, or regimental or garrison institution,” and inserting in their stead the words “any service property”; and

(c) by omitting from paragraph (XLIV) of that sub-regulation the words “to any regimental band, regimental or garrison mess, or regimental or garrison institution,” and inserting in their stead the words “wilfully injures any service property”.

Modification of A.A. and R.P.—A.A. 48 and 49; R.P. 17, 19, 22, 25, 39a, 40, 42, 103, 103a and 106.

14. Regulation 299 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (e)of sub-regulation (2.) the words “court is satisfied” and inserting in their stead the words “judge-advocate directs the court”;

(b) by inserting after paragraph (f) of that sub-regulation the following paragraph:—

“(fa) Rule 42(a) of the Rules of Procedure shall be read as if for the word ‘advise’ there were substituted the word ‘direct’;”;

(c) by omitting from sub-paragraph (i) of paragraph (g) of that sub-regulation the word “and” (last occurring); and

(d) by inserting after sub-paragraph (i) of paragraph (g) of that sub-regulation the following sub-paragraphs:—

“(ia) after the word ‘information’ in paragraph (d) there were inserted the word ‘, direction’;

“(ib) for the word ‘advise’ in paragraph (e) there were substituted the word ‘direct’; and”.

Adaptation of A.A. 56 (s) and R.P. 44 (B). (c) and 47.

15. Regulation 319 of the Australian Military Regulations is amended by omitting paragraph (d) of sub-regulation (2.).

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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra