Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No. 185.

_____

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 twenty-first day of September, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

______

Australian Military Regulations. 1916.

Amendments.

Australian Military Regulations 1916 are amended as follows:—

(a) Regulation 18a.—The phrase “issued by the Deputy Judge Advocate General” occurring in the third last line of sub-regulation (7) is amended to read:—

“issued by the Judge Advocate General or by the Deputy Judge Advocate General.”

(b) Regulation 35a is repealed and the following substituted in lieu thereof:—

War Disability Supernumerary List—Officers.

(1) An Officer of the Permanent Military Forces medically unfit for active service due to wounds or sickness occasioned by active service abroad may be transferred to a War Disability Supernumerary List of the Permanent Military Forces provided that he is medically fit to undertake such duties as shall be allotted to him and his employment on military duty is not likely to aggravate the disability to which his medical unfitness for active service is due.

(2) No one period of employment of an Officer on the War Disability Supernumerary List shall exceed four years, but on the expiration of any period of employment an Officer may from time to time be re-appointed for a further period not exceeding four years.

An Officer who is not re-appointed on the expiration of any period of his employment shall be retired.

(3) Promotion of an Officer on the War Disability Supernumerary List shall not be to a higher rank than that of Major.

(4) Subject to the satisfactory performance of his duties an Officer on the War Disability Supernumerary List may be prompted without being required to pass the usual examination on course of instruction. A test will be prescribed by the Military Board and each case considered on its merits a principal factor being that the Officer is qualified to perform the duties of the higher appointment.

(5) An Officer employed on the War Disability Supernumerary List may on becoming fit for active service be transferred to a regiment or corps of the Permanent Military Forces.

(c) Regulation 128 is repealed and the following substituted in lieu thereof:—

“(1) The appointment of Chaplains, 4th Class, shall be limited to clergymen under fifty years of age.

(2) The provisions of these Regulations prescribing the ages for the compulsory retirement of Officers shall not apply to Chaplains.”

(d) Regulation 225 is amended by deleting the words, “Esplanade, near Law Courts, Perth”, and substituting in lieu thereof, the words, “King’s Park, Perth”.

(e) The following new division and regulation is inserted next after regulation 397:—

Division 14.—War Disability Supernumerary List.

397a. (1) Soldiers of the Permanent Military Forces medically unfit for active service due to wounds or sickness occasioned by active service abroad may be transferred to a War Disability Supernumerary List of the Permanent Military Forces provided that they are medically fit to undertake such duties as shall be allotted to them and that their employment on military duty is not likely to aggravate the disability to which their medical unfitness for active service is due.

(2) Persons who have been discharged from the Permanent Military Forces on account of medical unfitness due to wounds or sickness occasioned by active service may, subject to the some conditions as are contained in sub-regulation (1) of this regulation, be enlisted for a period of four years in the Permanent Military Forces for service on the War Disability Supernumerary List.

(3) On the expiration of the period of his enlistment or re-engagement a soldier transferred to or enlisted for service on the War Disability Supernumerary List may, from time to time, subject to the approval of the Military Board be reengaged for a further period of four years.

(4) A soldier serving on the War Disability Supernumerary List may claim his discharge before the expiration of the period of his enlistment or re-engagement on giving fourteen days notice in writing to his Commanding Officer and shall not be required to pay any purchase money on discharge.

(5) Soldiers serving on the War Disability Supernumerary List may be promoted to Warrant and non-commissioned rank without being required to pass the usual qualifying examination. A test will be prescribed by the Military Board and each case considered on its merits a principal factor being that the member is qualified to perform the duties of the higher appointment.

(6) A soldier serving on the War Disability Supernumerary List may on becoming fit for active service be transferred to a regiment or corps of the Permanent Military Forces.

(f) Regulation 1016 is repealed.

(g) The following definition is inserted at the end of regulation 4:—

“Formation, &c., Commander”—means Commander of s Cavalry Division, of an Infantry Division or of a mixed Brigade or District Base-Commandant.

(h) The following new regulation is inserted next after regulation 4:—

“4a. In these Regulations, unless the contrary intention appears, mention of a person by designation of his office includes every person who at any time lawfully performs the functions of or acts in the office whether by virtue of permanent, temporary or acting appointment or by assumption of the functions of the office in pursuance of the Act or these Regulations or the custom of the service or otherwise.”

  

____________

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