Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 72

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REGULATIONS UNDER THE DEFENCE ACT 1903-1965.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1965.

Dated this 8th day of June, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Australian Military Regulations 

Sub-division of regulations.

1. Regulation 2 of the Australian Military Regulations is amended by inserting after the words—

 

“Division 7.—Discharge and rank on discharge....................................	175-193”
the words—
“Part IIIa.—Obligation to render Military Service in the Regular Army Emergency Reserve, the Regular Army Reserve or the Citizen Military Forces ..................................................	193a-193d”.

Period of engagement.

2. Regulation 135 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulations—

“(4.) The prescribed period for the purposes of section 36 of the Act in the case of a person serving, or in pay, as a soldier in a part of the Military Forces, although not duly enlisted, is—

(a) if the person had purported to re-engage to serve in that part of the Military Forces for a further period on one occasion or on two or more occasions—the period by which that further period, or the last of those further periods, as the case may be, exceeds the period for which he has been serving or in pay as a soldier since the commencement of that further period or the last of those further periods, as the case may be; or

 

* Notified in the Commonwealth Gazette on 8 June, 1965.

  Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, Nos. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 61, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 68, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141, and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 40, 59, 65 and 79; 1949, Nos. 55 and 68; 1950, Nos. 10, 21, 29, 64 and 65; 1951, Nos. 20, 56, 125, 149 and 152; 1952, Nos. 8, 60, 68 and 69; 1953, No. 87; 1954, Nos. 113, 117 and 118; 1955, Nos. 7, 31 and 55; 1956, Nos. 52, 102 and 115; 1957, No. 56; 1958, Nos. 31, 32 and 85; 1959, Nos. 22 and 30; 1960, No. 25; 1961, No. 42; 1962, Nos. 23, 27, 68, 69 and 71; 1963, No. 28; and 1964, Nos. 62, 83, 93 and 149; 1965, No. 61.

6106/65.—Price 1s. 9/1.6.1965

 

(b) in any other case—

(i) if he had purported to engage to serve in that part of the Military Forces for a period—the period by which that period exceeds the period for which he has been serving or in pay as a soldier since the commencement of that period; or

(ii) in any other case—the period by which the period specified in sub-regulation (1.) of this regulation in the case of the enlistment as a soldier in the part of the Military Forces in which he is serving or in pay exceeds the period for which he has been in service or in pay in that part of the Military Forces although not duly enlisted.

“(5.) In calculating the period for which a person who is enlisted as a soldier in the Military Forces is engaged to serve under section 36 of the Act, account shall not be taken of any period during which he—

(a) was absent from duty without leave for a period in excess of twenty-one days;

(b) served a sentence, imposed by a court or by a service tribunal, of imprisonment, detention or field punishment for a period in excess of twenty-one days;

(c) was in custody by reason of a charge of an offence, being an offence of which he was convicted by a court or by a service tribunal and in respect of which he served a sentence of imprisonment, detention or field punishment for a period in excess of twenty-one days; or

(d) was granted leave without pay.

“(6.) Where a soldier is taken into custody on a charge of an offence and is convicted of another offence, that conviction shall be deemed to be a conviction of an offence to which paragraph (c) of the last preceding sub-regulation applies.

“(7.) In this regulation, ‘service tribunal’ means—

(a) a court-martial—

(i) convened under the Act; or

(ii) convened under the law of another country and exercising jurisdiction in respect of offences committed by members of the Military Forces attached temporarily to a part of the forces of that country by virtue of the Defence (Visiting Forces) Act 1963;

(b) an officer of the Defence Force exercising jurisdiction summarily in respect of offences committed by members of the Military Forces;

(c) an officer of the forces of another country who has power, by virtue of the Defence (Visiting Forces) Act 1963, to impose punishments as if he were an officer of the Defence Force, being an officer exercising jurisdiction summarily in respect of offences committed by members of the Military Forces; or

 

(d) an officer of the forces of another country exercising jurisdiction summarily, in accordance with the law of that country, in respect of offences committed by members of the Military Forces attached temporarily to a part of the forces of that country by virtue of the Defence (Visiting Forces)Act 1963.

Full-time service during time of emergency.

3. Regulation 140aof the Australian Military Regulations is repealed.

4. Regulations 175 to 185 (inclusive) of the Australian Military Regulations are repealed and the following regulations inserted in their stead:—

Authorities to discharge soldiers.

“175.—(1.) The Governor-General and the Military Board are each an authority for the purposes of section 44 of the Act.

“(2.) A person holding, or performing the duties of, any of the following appointments is an authority for the purposes of section 44 of the Act:—

(a) Adjutant-General;

(b) Director of Personnel Administration at the headquarters of the Military Forces;

(c) Assistant Adjutant-General on the establishment of the Directorate of Personnel Administration at the headquarters of the Military Forces;

(d) Commander of a Command; and

(e) Commandant of the Royal Military College.

“(3.) An officer of the Permanent Military Forces whose rank is not below the rank of lieutenant-colonel and who holds, or is performing the duties of, an appointment on the establishment of the Adjutant-General’s branch at the headquarters of a Command is an authority for the purposes of section 44 of the Act.

“(4.) Subject to the next succeeding sub-regulation—

(a) a formation commander; and

(b) a commanding officer,

are each an authority for the purposes of section 44 of the Act in the case of a soldier not employed on continuous full time military service.

“(5.) Where the commanding officer of a soldier has exercised jurisdiction summarily in respect of an offence committed by the soldier, the commanding officer is not an authority, for the purposes of section 44 of the Act, to discharge the soldier for a reason that arises out of, or relates to, the commission of that offence.

Reasons for discharge.

“176.—(1.) For the purposes of section 44 of the Act, each of the following reasons is a reason for the discharge of a soldier:—

(a) that the soldier has requested his discharge;

(b) that the soldier has not attained the age of twenty-one years and his father, mother or guardian has requested his discharge;

 

(c) that the soldier has not attained the age of twenty-one years and the person to whom he was apprenticed when he enlisted in the Military Forces has requested his discharge;

(d) that the soldier will, upon being discharged, be appointed an officer of the Military Forces;

(e) that an authority is satisfied that the soldier will, if discharged, be enlisted in a part of the Military Forces other than the part in which he is serving;

(f) that an authority is satisfied that the soldier will, if discharged, be enlisted in, or be appointed an officer of—

(i) the Naval Forces or the Air Force;

(ii) the naval, military or air forces of any part of Her Majesty’s dominions other than Australia; or

(iii) the naval, military or air forces of a country determined by the Military Board to be a country in relation to which this sub-paragraph applies;

(g) that the soldier cannot be usefully employed in the Military Forces because those Forces are being retrenched;

(h) that the soldier is medically unfit for service in the Military Forces;

(j) that the soldier’s mental or physical state is such that the soldier cannot be usefully employed in the Military Forces;

(k) that an authority is satisfied that the soldier will, if discharged, engage in civilian employment and that his engaging in that employment is in the interests of the defence of the Commonwealth, the more effectual prosecution of a war in which any part of Her Majesty’s dominions other than the Commonwealth is engaged or the maintenance within the Commonwealth of essential supplies or services;

(l) that an authority is satisfied that the soldier is not suited to be a soldier;

(m) that, in the case of a soldier who is undergoing training as an apprentice tradesman, musician or clerk, the soldier is, in the opinion of an authority, unsuitable for further training;

(n) that an authority is satisfied that the retention of the soldier in the Military Forces is not in the interest of those Forces;

(o) that the soldier has failed to furnish evidence of the date of his birth in accordance with an undertaking to do so given by him upon or in connexion with his enlistment;

(p) that the soldier gave false information to a person to whom the information was required to be given in connexion with his enlistment;

(q) that the soldier has been absent without leave for a period exceeding three months or has suffered frequent convictions for having been absent without leave;

(r) that the soldier has been guilty of misconduct;

(s) that the soldier has been convicted of a crime which, in the opinion of the Military Board, is such as to render that soldier unsuitable for service in the Defence Force; and

 

(t) that the service of the soldier in the Defence Force might, in the opinion of the Military Board, be prejudicial to the security of the Commonwealth.

“(2.) In this regulation, a reference to an authority shall be read as a reference to an authority authorized to discharge the soldier under section 44 of the Act.

Order for the discharge of a soldier.

“177.—(1.) Subject to the next succeeding regulation, the discharge of a soldier for a reason specified in the last preceding regulation 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.

“(2.) An order for the discharge of a soldier shall specify—

(a) the reason for the discharge; and

(b) the date on which the discharge is to have effect.

“(3.) An authority who signs an order for the discharge of a soldier under the last preceding sub-regulation shall—

(a) cause the soldier to be informed of the order; and

(b) cause a copy of the order to be given to the soldier,

as soon as practicable after it is signed.

Cancellation of order for the discharge of soldier.

“178.—(1.) Where an authority has signed an order for the discharge of a soldier, an authority having power to discharge the soldier, being an authority superior in command to that first-mentioned authority, may, at any time before the date on which the discharge is to have effect, by writing under his hand, cancel the order and the order shall then be deemed to be void and of no effect.

“(2.) The cancellation of an order for the discharge of a soldier does not prevent the making of another order for the discharge of the soldier.

Certificate of discharge.

“179. Where a soldier is discharged, a certificate of discharge, in accordance with a form approved by the Adjutant-General, signed by the commanding officer of the soldier, by an officer authorized under section 44 of the Act to discharge the soldier or by an officer authorized by the Adjutant-General to sign certificates of discharge shall, unless the soldier cannot be found, be handed to the soldier when he is discharged or posted to the soldier as soon after his discharge as is practicable.

Amendment of certificate of discharge.

“180.—(1.) Subject to the next succeeding sub-regulation, the Military Board may, at any time, review the certificate of discharge relating to a soldier and—

(a) if it is satisfied that the certificate contains an error or misstatement in, or an omission from, the particulars entered in it—may cause the certificate to be corrected or the particulars omitted from the certificate to be entered in it, as the case may be; and

(b) if it is satisfied that the addition to the certificate of an explanation of the circumstances in which the soldier was discharged is in the interests of the soldier—may cause that explanation to be entered on the certificate.

 

“(2.) An explanation shall not be entered on the certificate of discharge of a soldier under the last preceding sub-regulation unless the soldier consents to the entry of the explanation.”.

Repeal.

5. Regulations 188 to 190a (inclusive) of the Australian Military Regulations are repealed.

6. After Part III. of the Australian Military Regulations the following Part is insert:—

“PART IIIa.—OBLIGATION TO RENDER MILITARY SERVICE IN THE REGULAR ARMY EMERGENCY RESERVE, THE REGULAR ARMY RESERVE OR THE CITIZEN MILITARY FORCES.

Prescribed authorities.

“193a.—(1.) The Military Board is an authority for the purposes of sections 45, 46, 47 and 50b of the Act.

“(2.) A person holding, or performing the duties of, any of the following appointments is an authority for the purposes of sections 45, 46, 47, 50 and 50b of the Act:—

(a) Adjutant-General;

(b)Director of Personnel Administration at the headquarters of the Military Forces; and

(c) Commander of a Command.

Notice to report for continuous full time military service.

“193b.—(1.) Where a member of the Regular Army Emergency Reserve, the Regular Army Reserve or the Citizen Forces is bound to render continuous full time military service under section 45, 46, 47, 50 or 50b of the Act, as the case requires, the officer commanding the Command in which the member resides or an officer, not below the rank of major, authorized by that first-mentioned officer to give notices under this regulation may, by notice under his hand served on the member, call up the member for that service.

“(2.) A notice served on a member under the last preceding sub-regulation shall specify the time and place at which, and the authority to which, that member shall present himself for service.

Service, other than continuous full time service, in the Regular Army Emergency Reserve.

“193c.—(1.) A period of fourteen days is the period of military service that a member of the Regular Army Emergency Reserve is bound to render in a training year under sub-section (3.) of section 45 of the Act.

“(2.) The officer commanding the Command in which a member of the Regular Army Emergency Reserve resides, or an officer authorized to give notices under the last preceding regulation, may, by notice under his hand served on a member of the Regular Army Emergency Reserve who has not, in a training year, rendered the period of military service that he is bound to render under sub-section (3.) of section 45 of the Act, direct the member to report, for the purpose of rendering that service, to an authority specified in the notice at a time and place specified in the notice.

“(3.) In this regulation, ‘training year’, in relation to a member of the Regular Army Emergency Reserve, means a period of twelve months commencing on the day of the member’s transfer or appointment to, or enlistment in, that Reserve or on an anniversary of that date, as the case requires.

 

Service of notices.

“193d.—(1.) Where a notice is required to be served on a person under either of the last two preceding regulations, service may be effected by delivering the notice to the person or by properly addressing and posting (under pre-paid Certified Mail) the notice as a letter to the person at the last address of the person known to the person who causes the notice to be served.

“(2.) A notice sent by post to a person at an address to which it may, under the last preceding sub-regulation, be so sent shall, on proof of posting, be deemed, in the absence of proof to the contrary, to have been received by the person to whom it was addressed on the day on which, in the ordinary course of post, it should have been delivered at that address.

“(3.) In any proceedings, a certificate under the hand of a person occupying, or performing the duties of, an office under the Post and Telegraph Act 1901-1961 of Director, Posts and Telegraphs, or a person authorized in writing by such a person to give certificates under this sub-regulation, stating that a letter posted (under pre-paid Certified Mail) at a specified time on a specified day at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the fact stated.

“(4.) For the purposes of the last preceding sub-regulation, a document purporting to be a certificate referred to in that sub-regulation shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.