Australian Military Regulations (Amendment) (Cth)
REGULATION 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 Regulation
under the
Dated this 30th day of April, 1959.
W
Governor-General.
By His Excellency’s Command,
J. O. CRAMER
Minister of State for the Army.
Amendment of the Australian Military Regulations.
Regulation 319 of the Australian Military Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) For the purpose of the application of the Army Act to the Military Forces—
(
a ) sub-sections (1.) and (2.) of section 130 of that Act shall be read as if there were substituted for the words ‘His Majesty’ (wherever occurring) in those sub-sections the words ‘the Governor-General’; and(
b ) there shall be substituted for sub-section (3.) of section 130 of that Act the following sub-sections:—‘(3.) Where a person is kept in custody under either of the last two preceding sub-sections, the Governor-General may, by warrant under his hand, order that the person be detained in safe custody in such place, and in accordance with such directions (if any), as the Governor-General specifies in the warrant and the Governor-General may subsequently, from time to time, order, by further warrant under his hand, that the person be detained in safe custody in such other place, and in accordance with such directions (if any), as the Governor-General specifies in the further warrant.
*
Notified in the
Statutory Rules 1927, No. 149, as amended to date. For previous amendments to
the Australian Military Regulations,
1972/59.—Price 3d. 9/13.3.1959.
‘(3a.) The Governor-General may, by order under his hand, direct that a person so detained be released from custody either unconditionally or for so long as the person complies with such conditions as are specified in the order as the conditions subject to which the person has been released.
‘(3b.) The Governor-General may, from time to time, by order under his hand—
(
a ) vary or revoke any or all of the terms and conditions subject to which a person has been released; and(
b ) impose conditions additional to those conditions,and the conditions as so altered or added to from time to time shall be deemed to be the conditions subject to which the person has been released.
‘(3c.) A person authorized for the purpose by the Governor-General may, at any time, order, by writing under his hand, the apprehension of a person who has been released under this section for so long as he complies with specified conditions, whether or not the person has complied with those conditions.
‘(3d.) Where the apprehension of a person is ordered under the last preceding sub-section, the person may be arrested without warrant by a member of the police force of a State or Territory or a member of the Permanent Military Forces and, upon being arrested, shall be handed over to the custody of the person who ordered the apprehension.
‘(3e.) Where a person whose apprehension was ordered under sub-section (3c.) of this section is in the custody of the person who ordered his apprehension, the Governor-General may, by warrant under his hand, order that the person be detained in safe custody in such place, and in accordance with such directions (if any), as the Governor-General specifies in the warrant and the Governor-General may subsequently, from time to time, order, by further warrant under his hand, that the person be detained in safe custody in such other place, and in accordance with such directions (if any), as the Governor-General specifies in the further warrant.
‘(3f.) The powers conferred by sub-section (3a.) of this section may be exercised in relation to a person who is detained by virtue of either of the last two preceding sub-sections as if he were a person detained by virtue of a warrant under sub-section (3.) of this section.’.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
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