Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1962. No. 27.

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REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

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 1903-1956.

Dated this fifteenth day of March, 1962.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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AMENDMENT OF THE AUSTRALIAN MILITARY REGULATIONS. 

Sub-division of regulations.

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

“Division 3.—Offences .............. 201-214”

and inserting in their stead the words—

“Division 3.—Offences .............. 201-214B”.

Procedure on voluntary enlistment in Permanent or Citizen Forces.

2. Regulation 138 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “Permanent Forces”, the words “, other than the Regular Army Reserve,”;

(b) by omitting from sub-regulation (2.) the words “Citizen Forces” and inserting in their stead the words “Regular Army Reserve or Citizen Forces”;

(c) by inserting in sub-regulation (2.), after the word “training” the words “(if any)”;

(d) by omitting from sub-regulation (2.) the word “either” and inserting in its stead the word “any”; and

(e) by inserting in sub-regulation (2.), after the word “pay”, the words “(if any)”.

Birth certificate to be submitted on enlistment in Permanent Forces.

3. Regulation 138A of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “Permanent Forces”, the words “, other than the Regular Army Reserve,”.

 

* Notified in the Commonwealth Gazette on 22nd March, 1962.

  Statutory Rules 1927, No. 149, as amended to date. For previous amendments to the Australian Military Regulations, see footnote to Statutory Rules 1961, No. 42.

32/62.—PRICE 5D. 10/18.1.1962.

 

Re-engagement.

4. Regulation 140 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “Permanent Forces”, the words “, other than the Regular Army Reserve,”.

5. After Regulation 140 of the Australian Military Regulations the following regulation is inserted:—

Full-time service during time of emergency.

“140A.—(1.) A member of the Regular Army Reserve shall, during a period of national emergency, perform such continuous full-time service as the Military Board directs.

“(2.) The last preceding sub-regulation does not affect the operation of a provision of the Act that confers on a member of the Regular Army Reserve a right that may be exercised by the member at a time other than in time of war.

“(3.) For the purpose of this regulation, ‘period of national emergency’ means a period that commences on the day on which the Governor-General, by order published in the Gazette,declares that a state of national emergency exists and ends on the day on which the Governor-General by order published in the Gazette declares that the state of national emergency no longer exists.”.

Discharge from Permanent Forces before expiration of period of engagement or re-engagement.

6. Regulation 180 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “Permanent Forces”, the words “, other than the Regular Army Reserve,”.

Authorization and confirmation of discharge.

7. Regulation 185 of the Australian Military Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The discharge of a soldier except—

(a) by the Governor-General;

(b) in the case of a soldier of the Regular Army Reserve—in pursuance of paragraph (a) of sub-section (1.) of section 39 of the Act; or

(c) in pursuance of paragraph (c) of sub-section (1.) of section 39 of the Act,

shall be authorized and confirmed in accordance with this regulation.”.

Military title on discharge.

8. Regulation 192 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(7.) Service in the Regular Army Reserve, other than continuous full-time service, shall not be counted as service for the purposes of this regulation.”.

When Military Forces subject to military law under these Regulations.

9. Regulation 197 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (a) of sub-regulation (1.), after the words “Permanent Forces”, the words “, other than the Regular Army Reserve”;

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

“(aa) Every member of the Regular Army Reserve when on duty; and

 

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

“(1A.) For the purpose of this regulation, a member of the Regular Army Reserve is ‘on duty’—

(a) while employed on continuous full-time duty;

(b) in respect of every act done, or omitted to be done, by him in, or in relation to, his military capacity;

(c) while lawfully in custody within the meaning of regulation 221 of these Regulations;

(d)during a term of detention or imprisonment for an offence against the Army Act, the Defence Act, or any regulation made under the Defence Act imposed while he was a member or in respect of an offence committed while he was a member; or

(e) during arrest, attempted arrest, custody or temporary detention under a warrant issued under section 114 or 115 of the Act.”.

Other political activities.

10. Regulation 210A of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “Permanent Forces” (first occurring), the words “, other than the Regular Army Reserve,”; and

(b) by omitting from sub-regulation (2.) the words “Citizen Forces” and inserting in their stead the words “Regular Army Reserve or Citizen Forces”.

Dealing with contractors.

11. Regulation 212 of the Australian Military Regulations is amended by inserting, after the words “Permanent Forces”, the words “employed on continuous full-time duty”.

12. After regulation 214 of the Australian Military Regulations the following regulations are inserted in Division 3 of Part IV:.—

Failure to perform full-time duty in time of war, national emergency or when called out under section 51.

“214A.—(1.) A member of the Regular Army Reserve who, having been served with a notice calling him up for continuous full-time duty—

(a) in time of war;

(b) in a period of national emergency within the meaning of regulation 140A of these Regulations; or

(c) by reason of the Permanent Forces having been called out under section 51 of the Act,

fails without lawful excuse to attend at the time and place specified in the notice, is guilty of an offence and, upon conviction, is liable to penalties prescribed by regulation 215 of these Regulations.

“(2.) A member who, having been served with a notice referred to in the last preceding sub-regulation, does not, within seven days after the time specified in the notice, present himself for duty in accordance with the notice shall be deemed to have committed the offence of deserting Her Majesty’s service and, upon conviction, is liable to the punishment provided for desertion by the Army Act or these Regulations, as the case may be.

 

“(3.) For the purpose of this regulation, a notice shall be deemed to be served on the member to whom it is addressed if it is signed by an officer of the Permanent Forces and delivered by hand to, or posted to the last known address of, the member to whom it is addressed.

Member of Regular Army Reserve to report his place of abode.

“214B.—(1.)A member of the Regular Army Reserve not employed on continuous full-time duty shall—

(a) in the month in each year that corresponds with the month in which he enlisted in the Regular Army Reserve; and

(b) within thirty days after changing his place of living,

report his place of living in writing to the Army Records Office for the State or Territory in which he lives.

“(2.) A member who fails to report his place of living as required by the last preceding sub-regulation is guilty of an offence and, upon conviction, is liable to penalties prescribed by regulation 215 of these Regulations.”.

When on duty for the purpose of arrest.

13. Regulation 220 of the Australian Military Regulations is amended—

(a) by inserting in paragraph (a), after the words “Permanent Forces”, the words “, other than the Regular Army Reserve”;

(b) by omitting from that paragraph the word “and”; and

(c) by inserting after paragraph (a) the following paragraph:—

“(aa)in the case of the Regular Army Reserve—while employed on continuous full-time duty; or”.

Compulsory attendance before Court-martial.

14. Regulation 231 of the Australian Military Regulations is amended by omitting the words “Citizen Forces” and inserting in their stead the words “Regular Army Reserve or Citizen Forces”.

Investigation of charges against members in the Forces not on war service and not attending continuous training.

15. Regulation 242 of the Australian Military Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “member” (first occurring), the words “of the Regular Army Reserve is not employed on continuous full-time duty or a member”;

(b) by omitting from sub-regulation (5.) the words “Citizen Forces” (wherever occurring) and inserting in their stead the words “Regular Army Reserve or Citizen Forces”; and

(c) by omitting from sub-regulation (6.) the words “Citizen Forces” and inserting in their stead the words “Regular Army Reserve or Citizen Forces”.

Inquiry as to illegal absence.

16. Regulation 276 of the Australian Military Regulations is amended by inserting, after the words “Permanent Forces”, the words “employed on continuous full-time duty”.

Exemption from trial after exemplary service.

17. Regulation 289 of the Australian Military Regulations is amended by inserting after the words “Permanent Forces” the words “on full-time duty”.

Stoppages for fines, &c.

18. Regulation 296 of the Australian Military Regulations is amended by inserting in sub-regulation (2.), after the words “Permanent Forces”, the words “employed on continuous full-time duty”.

 

Reporting infections and contagious diseases.

19. Regulation 437 of the Australian Military Regulations is amended by inserting in paragraph (a) after the words “Permanent Forces” the words “employed on continuous full-time duty”.

Annual recreation leave.

20. Regulation 465 of the Australian Military Regulations is amended by inserting in sub-regulation (1.) after the words “Permanent Forces” the words “employed on continuous full-time duty”.

Short leave of absence.

21. Regulation 474 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “Permanent Forces”, the words “employed on continuous full-time duty”.

Unauthorized wearing an offence.

22. Regulation 791 of the Australian Military Regulations is amended—

(a) by inserting after the word “member” the words “of the Regular Army Reserve or”;

(b) by omitting the words “Citizen Forces” (second occurring) and inserting in their stead the words “Military Forces”.

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