Australian Military Regulations (Amendment) (Cth)
STATUTORY RULES
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
Dated this twenty-fourth day of August, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
MALCOLM FRASER
Minister of State for the Army.
Amendments of the Australian Military Regulations
(
a ) by omitting the words—“ Division 20.—Courts of inquiry and Boards other than courts of inquiry held under A.M.R. 276 371-385 ”
and inserting in their stead the following words:—
“ Division 20.—Courts of inquiry (other than courts of inquiry held under regulation 276), boards and investigating officers.
Subdivision A.—Courts of inquiry | 371-373 |
Subdivision B.—Boards | 374 |
| 375-385 |
Subdivision D.—Investigating officers | 386 ”; and |
(
b ) by omitting the words—
| 478-491a ” |
and inserting in their stead the following words:— | |
| 478-481a |
| 481b-418c ”. |
(
a ) by inserting in sub-regulation (2b.), after the word and figure “ Rule 1,”, the figure “ 10,”; and(
b ) by inserting in sub-regulation (2b.), after the figure “ 136 ”, the words and figure “, and paragraph (h) of Rule 4,”.
* Notified in the
Statutory Rules
1927, No. 149, as amended to date. For subsequent amendments of the Australian
Military Regulations see footnote to Statutory Rules 1967, No. 13, and
9727/67—Price 10c
(
a ) by omitting from paragraph (ba ) of sub-regulation (2.) the words “ Division 3 of Part VII.” and inserting in their stead the words “ paragraph (a ) of sub-regulation (2.) of regulation 72 of these Regulations ”; and(
b ) by omitting from paragraph (bb ) of sub-regulation (2.) the words “ Division 4 of Part VII.” and inserting in their stead the words “ paragraph (b )of sub-regulation (2.) of regulation 72 of these Regulations ”.
“ (
f ) in the case of a person enlisted as a soldier in the Active Citizen Military Forces—six years, five years, three years or two years.”.
(
a ) by omitting from paragraph (s ) of sub-regulation (1.) the word “ and ”; and(
b )by adding at the end of sub-regulation (1.) the following word and paragraph:—“; and (
u ) that, in the case of a soldier who is a member of the Citizen Military Forces, an authority is of the opinion that the soldier has failed to render efficient service.”.
“ (
g )during the whole of a period for which he is bound to render continuous full time military service under sub-section (3.) of section 50 of the Act.”.
(
a ) by inserting after paragraph (f ) the following paragraph:—“ (
fa )A.A. 19, as if for the words ‘ five pounds ’ there were substituted the words ‘ Forty dollars ’;”; and(
b ) by adding at the end thereof the following word and paragraph:—“; and (
i ) A.A. 190, as if for the definition of ‘ active service ’ there were substituted the following definition:—‘ “ active service ”, in relation to a person subject to military law, has the same meaning as in the
Defence Act 1903-1966 ’.”.
“ (
c ) whether or not the sentence of field punishment is to be served either wholly or partly in custody, forfeiture of pay for a period not exceeding 28 days commencing on the day of the award.”.
“ 271. The provisions of regulation 265 of the Australian Military Regulations apply in relation to the summary punishment of an officer, warrant officer or non-commissioned officer for an offence committed whether on war service or not as if he were a soldier, as if references in that regulation to the commanding officer who convicted the soldier were read as references to the authority who convicted the officer, warrant officer or non-commissioned officer and as if references in that regulation to a superior authority to the commanding officer were read as references to a superior authority to the authority who convicted the officer, warrant officer or non-commissioned officer.”.
“ (
ga ) in respect of any period during which a soldier undergoing field punishment is in custody and for which he forfeits pay by virtue of an order under A.A. 46; or ”.
“ DIVISION 20.—COURTS OF INQUIRY (OTHER THAN COURTS OF INQUIRY HELD UNDER REGULATION 276), BOARDS AND
INVESTIGATING OFFICERS.
“ Subdivision A.—Courts of Inquiry.”.
“ Subdivision B.—Boards.”.
(
a ) by inserting after sub-regulation (2.) the following sub-regulation:—“ (2a.) Notwithstanding anything to the contrary in the two last preceding sub-regulations, a medical board may consist of one medical officer.”; and
(
b )by adding at the end of sub-regulation (6.) the words “ consisting of more than one member ”.
“ Subdivision C.—Proceedings of Courts of Inquiry and Boards.”.
“ Subdivision D.—Investigating Officers.
“ 386.—(1.) Any authority by whom a court of inquiry may be assembled may, instead of assembling a court of inquiry or a board, appoint an officer to be an investigating officer and direct him to inquire into a particular matter and report the result of the inquiry, including the evidence received in the course of the inquiry, to the authority.
“ (2.) An investigating officer shall not be appointed to inquire into any matter affecting the character or military reputation of an officer or soldier.
“ (3.) If, during an inquiry by an investigating officer, anything that affects the character or military reputation of an officer or soldier and is relevant to the investigation is disclosed, the investigating officer shall terminate the inquiry and report the fact to the authority by whom he was appointed.
“ (4.) An investigating officer shall, as far as is practicable, follow the provisions of these Regulations relating to courts of inquiry.
“ (5.) Where the authority who appoints an investigating officer to inquire into a matter so directs, the evidence given on the inquiry shall be given on oath and, for that purpose, the investigating officer may administer an oath to a person appearing before him to give evidence, and may examine the person on oath.
“ (6.) Where a person appearing before an investigating officer to give evidence conscientiously objects to take an oath, he may make an affirmation and an affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.
“ (7.) For the purpose of the last two preceding sub-regulations, an oath or affirmation shall be in accordance with the following forms, respectively:—
Oath
I swear that the evidence that I shall give in this inquiry shall be the truth, the whole truth and nothing but the truth. So help me God.
Affirmation
I solemnly and sincerely promise and declare that the evidence that I shall give in this inquiry shall be the truth, the whole truth and nothing but the truth.”.
“ Division 7.—Furlough—General Provisions ”.
(
a )by omitting from sub-regulation (2.) the words “ of the Permanent Forces ”;(
b )by omitting from sub-regulation (3.) the words “ continued in the Permanent Forces for not less than fifteen years ” and inserting in their stead the words “ has rendered not less than fifteen years’ service ”; and(
c ) by omitting from sub-regulation (4.) the words “ of the Permanent Forces ”.
(
a ) by omitting from sub-regulation (1.) the words “ has continued in the Permanent Forces for not less than eight years, but less than fifteen years,” and inserting in their stead the words “ has rendered not less than eight years’, but less than fifteen years’, service ”;(
b ) by omitting from sub-regulation (1.) the words “ from the Permanent Forces ” and inserting in their stead the words “ from the Military Forces ”;(
c ) by omitting from sub-regulation (2.) the word “ Permanent ” and inserting in its stead the word “ Military ”;(
d )by omitting from sub-regulation (3.) the words “ of the Permanent Forces ”;(
e ) by omitting from paragraph (a ) of sub-regulation (3.) the word “ Permanent ” and inserting in its stead the word “ Military ”;(
f ) by omitting paragraph (b )of sub-regulation (3.) and inserting in its stead the following paragraph:—“ (
b ) on the day of his retirement—
(i) has rendered not less than eight years’ service; or
(ii) has rendered not less than four years’ service and would, if he were to complete his current engagement or appointment, have rendered at least eight years’ service before reaching the age for his retirement; and ”;
(
g )by omitting from sub-regulation (4.) the words “ of the Permanent Forces ”;(
h ) by omitting from sub-regulation (4.) the words “ continued in the Permanent Forces for less than fifteen years ” and inserting in their stead the words “ rendered less than fifteen years’ service ”; and(
i ) by omitting from sub-regulation (4.) the words “ from the Permanent Forces ” and inserting in their stead the words “ from the Military Forces ”.
(
a )by omitting from the definition of “ death ” in sub-regulation (1.) the words “ of the Permanent Forces ”; and(
b )by omitting the definition of “ member ” in that sub-regulation and inserting in its stead the following definition:—“ ‘ member ’ means a member, other than a Pacific Islander within the meaning of regulation 481e of these Regulations, included in a class of members determined by the Military Board;”.
“ Division 7a.—Furlough—Pacific Islanders.
“ 481b.—(1.) Subject to this Division, where a Pacific Islander has rendered not less than twenty years’ service, the Military Board may grant him leave of absence, called ‘ furlough ’, for a period not exceeding three-tenths of one month on full pay, or three-fifths of one month on half-pay, in respect of each completed year of service.
“ (2.) A Pacific Islander shall not be granted furlough under this regulation for a period exceeding twelve months at any one time.
“ (3.) Where a Pacific Islander retires from the Military Forces after having rendered not less than twenty years’ service, the Military Board may, in lieu of granting him the period of furlough that could have been granted him on full pay under sub-regulation (1.) of this regulation, authorize payment to him, upon his retirement, of a sum not exceeding the amount of pay that would be payable to him if he were granted furlough on full pay for that period.
“ (4.) Upon the death of a Pacific Islander who, at the date of his death, was eligible under this regulation for the grant of furlough, the Military Board may authorize payment to his dependants of a sum equal to the amount of pay which the Military Board could have authorized to be paid to the Pacific Islander under this regulation if he had retired immediately before his death.
“ 481c.—(1.) The Military Board may grant to a Pacific Islander who is to be retired from the Military Forces on, or subsequent to, his attaining the age for his compulsory retirement, after having rendered not less than eight years’ but less than twenty years’ service, furlough on full pay not exceeding—
(
a )where the period of service is not less than sixteen years but is less than twenty years—five months;(
b )where the period of service is not less than twelve years but is less than sixteen years—four months;(
c ) where the period of service is not less than eight years but is less than twelve years—three months; or(
d )where the period of service is not less than four years but is less than eight years—two months.
“ (2.) Where a Pacific Islander is eligible for the grant of a period of furlough on full pay under the last preceding sub-regulation, the Military Board may, in lieu of granting furlough for that period, authorize payment to the Pacific Islander, upon his retirement from the Military Forces, of a sum not exceeding his pay for that period.
“ (3.) Where a Pacific Islander who has not attained the age for his compulsory retirement—
(
a )retires from the Military Forces after having rendered less than twenty years’ service but not less than four years’ service; and(
b )satisfies the Military Board that his retirement is due to permanent ill-health not due to misconduct or to causes within his own control,
the Military Board may authorize payment to the Pacific Islander of a sum not exceeding the amount of his pay for a period equal to the period of furlough which he could have been granted under sub-regulation (1.) of this regulation had he attained the age for his compulsory retirement immediately before his retirement.
“ (4.) Upon the death of a Pacific Islander who, immediately before his death has rendered less than twenty years’ service, the Military Board may authorize payment to his dependants of a sum not exceeding the amount of his pay for a period equal to the period of furlough which he could have been granted under sub-regulation (1.) of this regulation had he retired from the Military Forces immediately before his death.
“ 481d. The Military Board shall take into consideration the official conduct record of a Pacific Islander in determining whether, and to what extent, furlough or payment of an amount may be granted or authorized under this Division.
“ 481e. Where, in this Division, an amount is payable to the dependants of a Pacific Islander or a deceased Pacific Islander, that amount shall be paid to, or apportioned among, the dependants as the Military Board directs and, if a dependant is under a legal disability, may be paid to a trustee appointed by the Military Board upon such trusts as the Military Board approves.
“ 481f.—(1.) In this Division, unless the contrary intention appears—
‘ death ’ includes the presumed death of a Pacific Islander where the Military Board directs that the death of the Pacific Islander be presumed to have happened on a day determined by the Military Board;
‘ Pacific Islander ’ means a person who is or has been an aboriginal inhabitant of the New Guinea area serving, on or after the date of commencement of this Division, in the Permanent Military Forces and is included in a class of such persons determined by the Military Board;
‘ pay ’, in relation to a Pacific Islander, means such rate of active pay appropriate to his rank or classification, as the Military Board determines, and includes, subject to such conditions as the Military Board determines, such allowances at such rates as the Military Board determines;
‘ service ’ means such service, whether before or after the commencement of this Division, in the Military Forces and includes such service in another part of the Defence Force or employment by the Commonwealth or a Territory of the Commonwealth, as the Military Board determines to be service for the purposes of this Division;
‘ the New Guinea Area’ means the area comprising the Territory of New Guinea as described in the Second Schedule to the
Papua and New Guinea Act 1949-1966 and the Territory of Papua as described in the Third Schedule to that Act.
“ (2.) A determination, under the last preceding sub-regulation, by the Military Board, for the purposes of the definition of ‘ pay ’ or ‘ service ’ is subject to the approval of the Treasurer.
“ (3.) For the purposes of this regulation, ‘ the approval of the Treasurer ’ includes an approval by such officer as the Treasurer authorizes for the purpose of giving or withholding such an approval.
“ (4.) Where, within a period of five years immediately preceding the grant to a Pacific Islander of furlough or extended leave under this Division or an amount in place of furlough or extended leave, the Pacific Islander has held a rank temporarily, the rate of pay of the Pacific Islander for the purposes of this Division shall, in such circumstances as the Military Board determines, be taken to be the rate for the rank so held.”.
“ 483a. A member of the Citizen Military Forces who is bound under subsection (3.) of section 50 of the Act to render continuous full time military service may be attached to the Permanent Forces for such period (not extending beyond the period of continuous full time military service that he is bound to render) as the Military Board approves, and during that period he may, subject to the provisions of section 51 of the Act, be required to perform any duty that a member of the Permanent Forces could be required to perform.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
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