Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No 118.

––––––

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-third day of June, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

The Australian Military Regulations 1916.

Amendments.

Australian Military Regulations are amended as follows:—

(a) Paragraph (c) of regulation 497 is amended by adding at the end thereof the following:—

“It shall be the duty of the commander of the guard, if so requested by a person received into custody to declare to him the rank and name of the officer or non-commissioned officer who has preferred a charge against the person, or has ordered his arrest, and on receipt of the charge, to deliver a copy thereof to him.”

(b) Regulation 630 is amended by inserting at the end thereof, the following:—

“When attention has been called in local orders to the unusual prevalence of the offence whereof the accused has been found guilty, the Court should also take into consideration the fact that such warning has been issued.”

(c) The following regulation is inserted next before regulation 643:—

“642a. As soon as the proceedings of a Court Martial in which the sentence is less than dismissal or discharge are received by any authority having power to confirm the sentence, the authority may, and under normal circumstances should immediately order the release of the accused; but if the sentence is or includes forfeiture of seniority or reduction, the accused, in the interests of discipline, may be placed in open arrest instead of being released, and if released instructions should be given with the order for release that the accused, unless the exigencies of the service require, should not be placed on duty until after the promulgation.”

 

(d) Regulation 656 is amended—

(a) by repealing sub-regulation (1) and inserting in its place the following:—

“(1). If a trial by Court Martial results in conviction, the charge or, charges, finding, sentence, recommendation to mercy, if any, and confirmation, should be promulgated by communication to the accused, except when promulgation is effected in accordance with sub-regulation (2) of this Regulation. Promulgation by rending on parade should be effected only when directed by the confirming authority. The date of promulgation should be recorded on the proceedings.”

(b) by inserting at the end of the regulation the following sub-regulation:—

“(4). The result of every trial by Court Martial should be published in the orders of every formation in the orders of which notice of the convening of the Court was published.”

(e) The following regulation is inserted next after regulation 658:—

“658a. Any officer or soldier who considers himself aggrieved by the finding or sentence of a Court Martial may forward a petition to the confirming or reviewing authority through the usual channel. If such a petition raises any question of law, it should be referred for report to the Judge Advocate General if received in the Commonwealth by a confirming or reviewing authority or to a Deputy Judge Advocate General or legal staff officer if so received outside the Commonwealth.”

(f) Regulation 651 is amended by the omission of the word “unduly.’’

  

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