Statutory Rules 1956,
No. 115.(d)
Definitions.
1.
Regulation 3 of the Australian Military Regulations
is amended—
(a) by omitting from sub-regulation (1)
the definition of “Cadets”;
(b) by omitting from sub-regulation (1)
the definition of “Military convict”;
(c) by
omitting from sub-regulation (1) the definition of “Officer” and inserting in
its stead the following definition:—
“‘Officer’
means an officer of the Permanent Forces or Citizen Forces commissioned or in
pay as an officer, and includes an officer appointed or promoted to brevet, war
substantive, provisional, probational, temporary, honorary or acting rank.”;
(d) by
omitting from sub-regulation (1) the definition of “Penal servitude prison”;
(d) Made under the Defence Act 1903-1956 on 21st December, 1956;
notified in the Gazette on 24th December, 1956.
(e) by
omitting from the definition of “Regulations made under the Defence
Act” in sub-regulation (1) the words “, or Military Cadets, or some part of
those Forces or Cadets” and inserting in their stead the words “or some part of
those Forces”;
(f) by omitting from sub-regulation (1)
the definition of “Senior Cadet”;
(g) by
omitting from the definition of “Soldier under sentence” in sub-regulation (1)
the words “a military convict, or”;
(h) by
omitting from the definition of “Territory” in sub-regulation (1) the word
“mandate” and inserting in its stead the words “Trusteeship Agreement”; and
(i) by
omitting from sub-regulation (2) the words “penal servitude, imprisonment,”
(wherever occurring) and inserting in their stead the word “imprisonment”.
Repeal.
2.
Regulations 3a,
5 and 6 of the Australian Military Regulations are repealed.
Repeal.
3.
Regulation 8 of the Australian Military Regulations
is repealed.
Application of
Regulations.
4.
Regulation 9 of the Australian Military Regulations
is amended—
(a) by
inserting in paragraph (a) of
sub-regulation (2a), after the
figures “144,”, “145,”, “174a,” and
“179b,”, the figures “144a,”, “145a,”,
“174b,” and “179c,”, respectively;
(b) by
omitting from the table in paragraph (b)
of that sub-regulation the words and figures—
“137...........................
| Omit paragraph (1)”
|
and
inserting in their stead the words and figures—
“137...........................
| Omit paragraphs (1) and (5)”;
|
(c) by
omitting from that table the words and figures—
“190...........................
| Omit paragraphs (9) and (12)”
|
and
inserting in their stead the words and figures—
“190...........................
| Omit from the
definition of ‘service’ the words ‘(other than Dominion forces)’ (wherever
occurring)”; and
|
(d) by
omitting from sub-regulation (2b)
the figures “88,”, “127,”, “128,”, and “, 134a”.
Recommendations
and decisions of Military Board.
5.
Regulation 29 of the Australian Military Regulations
is amended by omitting from sub-regulation (2) the words “Subject to the
provisions of sub-regulation (2.) of the next succeeding regulation and except”
and inserting in their stead the word “Except”.
Honorary rank.
6.
Regulation 50 of the Australian Military Regulations
is amended by omitting the words “Financial and Allowance Regulations” and
inserting in their stead the words “Regulations made under the Defence Act relating to pay and allowances”.
Departmental and
other officers.
7.
Regulation 53 of the Australian Military Regulations
is repealed.
Quartermasters P.M.F.
8.
Regulation 58 of the Australian Military Regulations
is repealed.
9.
Regulation 63 of the Australian Military Regulations
is repealed and the following regulation inserted in its stead:—
When appointment
and promotion of W.O. or N.C.O. takes effect.
“63. The appointment or promotion
of a warrant officer or noncommissioned officer shall be notified in routine
orders and shall take effect—
(a) from the
date of the order in which the appointment or promotion is notified; or
(b) where
another date (whether before or after the date of notification) is specified in
the order, from the date specified.”.
Appointment of
Honorary Colonels.
10.
Regulation 98 of the Australian Military Regulations
is amended by inserting in paragraph (a)
of sub-regulation (2.), after the words “The Royal Australian Army Dental
Corps,” the words “the Royal Australian Army Ordnance Corps,”.
Ages for
retirement of officers.
11.
Regulation 124 of the Australian Military Regulations
is amended by omitting from paragraph (b)
of sub-regulation (1.) the words “, The Australian Army Psychology Corps
and the Army Labour Corps” and inserting in their
stead the words “and The Australian Army Psychology Corps”.
Enlistment of
persons under 57 years of age.
12.
Regulation 135a
of the Australian Military Regulations is repealed.
Repeal.
13.
Regulations 140a,
140b and 140c of the Australian Military Regulations
are repealed.
Authority to
appoint or promote N.C.O’s.
14.
Regulation 143 of the Australian Military Regulations
is amended by omitting paragraph (d)
of sub-regulation (2) and inserting in its stead the following
paragraph:—
“(d) subject to any restriction imposed
by the Military Board or by an authority specified in paragraph (a) or (b) of this sub-regulation, by the Commanding Officer of
the unit to which the soldier belongs.”.
Who may reduce a
W.O. or N.C.O. (Peace and war service.)
15.
Regulation 161 of the Australian Military Regulations
is amended by omitting from paragraphs (b)
and (c) of
sub-regulation (2) the words “an acting” (wherever occurring) and inserting in
their stead the words “a temporary, acting”.
Reduction of
N.C.O. in Citizen Forces not on war service for inefficiency.
16.
Regulation 162 of the Australian Military Regulations
is amended by omitting from sub-regulation (1) the words “or for failure to
qualify in accordance with A.M.R. 172 (3)”.
Forfeiture on
discharge by sentence or summary award.
17.
Regulation 178 of the Australian Military Regulations
is amended by omitting from sub-regulation (1) the figures and word “177 or”.
Waiver of notice
of application for discharge or of payment.
18.
Regulation 183 of the Australian Military Regulations
is amended—
(a) by omitting from paragraph (a) the words “of the Military
Forces under D.A. 39, or of the Militia Forces” and inserting in their stead
the words “of the Active Citizen Forces”; and
(b)
by omitting from paragraph (b) the
figures and word “177 or 180 (2)” and inserting in their stead the figures
“180”.
When Military
Forces subject to military law under these regulations.
19.
Regulation 197 of the Australian Military Regulations
is amended—
(a) by omitting from paragraph (d) of sub-regulation (1) the
words “, imprisonment, or penal servitude” and inserting in their stead the
words “or imprisonment”; and
(b) by omitting from paragraph (V) of
sub-regulation (2) the words “, imprisonment, or penal servitude,” and
inserting in their stead the words “or imprisonment”.
Modifications
and adaptations of A.A. 44. (War service.)
20.
Regulation 216 of the Australian Military Regulations
is amended—
(a) by
omitting from sub-paragraphs (ia) and (ib) of paragraph (b) the words “an acting” and inserting in their stead
the words “a temporary, acting”; and
(b) by
omitting sub-paragraph (i) of paragraph (c).
Limits of power
of C.O.
21.
Regulation 249 of the Australian Military Regulations
is amended by omitting from paragraph (c)
of sub-regulation (1) the word and figures “205 (1) and 207” and inserting in
their stead the word and figures “203a,
203b, 205 (1) and 207”.
Power of company
&c., commander.
22.
Regulation 260 of the Australian Military Regulations
is amended by omitting from paragraph (a) of sub-regulation (1) the
words “, or the appointment of lance-sergeant”.
Delegation of
authority.
23.
Regulation 268 of the Australian Military Regulations
is amended by omitting from sub-regulation (7) the words “a cavalry brigade”
and inserting in their stead the words “an armoured
brigade”.
Limitation of
powers of summary punishment.
24.
Regulation 269 of the Australian Military Regulations
is amended by omitting from paragraph (c)
the figures “207” and inserting in their stead the word and figures “203a, 203b and 207”.
Adaptation of
R.P. 10. (War service.)
25.
Regulation 271 of the Australian Military Regulations
is amended by omitting from paragraph (b)
of sub-regulation (2) the words “after the words ‘Commanding-in-Chief in
the field’” and inserting in their stead the words “after the words ‘officer in
chief command of the independent command’”.
Adaptations and
modifications of A.A. (War service.)
26.
Regulation 291 of the Australian Military Regulations
is amended by omitting sub-paragraph (ii) of paragraph (b).
Deduction for barrack, &c.,
damages.
27.
Regulation 294 of the Australian Military Regulations
is amended—
(a) by
inserting in sub-regulation (1) after the words “barrack damage” the words “or
damage to vehicles”; and
(b) by
inserting after sub-regulation 12)
the following sub-regulation:—
“(2a) For the purpose of this regulation
‘damage to vehicles’ means damage to, or loss or destruction of a ship, train,
motor vehicle, aircraft or other conveyance in which units or parts of units of
the Military Forces are transported, or appurtenances, fixtures, furniture or
effects therein or appertaining thereto.”.
When pay and
allowances not to be stopped.
28.
Regulation 295 of the Australian Military Regulations
is amended by omitting from sub-regulation (1) the words “penal servitude,”
(wherever occurring).
Recovery of
fines, &c.
29.
Regulation 297 of the Australian Military Regulations
is amended by omitting from sub-regulation (2) the words “an area officer or”.
30.
Regulation 304 of the Australian Military Regulations
is repealed and the following regulation inserted in its stead:—
Adaptation of
R.P. 19 (A).
“304. For the purpose of its
application to the Military Forces, Rule of Procedure 19 shall be read as if in
sub-rule (a) for the words ‘if he
is not subject to military law’ there were substituted the words ‘if he is not
an officer of the Military Forces of the Commonwealth’.”.
Meaning of
“month” in sentence. (Peace and war service.)
31.
Regulation 323 of the Australian Military Regulations
is amended by omitting the words “penal servitude,”.
Adaptation of
A.A. 54. (Peace and war service.)
32.
Regulation 326 of the Australian Military Regulations
is amended by omitting from paragraph (b)
the words and figures “Subsections (7), (8), and (9)” and inserting in
their stead the words and figures “Sub-sections (7) and (9)”.
33.
Regulation 327 of the Australian Military Regulations
is omitted and the following regulation inserted in its stead:—
Adaptation of
A.A. 57 (1) and (2). (War service.)
“327. For the purpose of their
application to the Military Forces, A.A. 57 (1) and (2) shall be read as if for
the word ‘death’ (wherever occurring) there were substituted the word
‘imprisonment’.”.
Modifications
and adaptations of A.A. 57a.
(Peace and war service.)
34.
Regulation 345 of the Australian Military Regulations
is amended—
(a)
by omitting from paragraph (aa)
the words “penal servitude,” (wherever occurring); and
(b) by
omitting from that paragraph all the words from and including the words “;
provided that where the sentence for such fresh offence” to the end of the
paragraph.
Imprisonment,
detention and field punishment.
35. Regulation
346 of the Australian Military Regulations is amended by omitting from
sub-regulation (4) the words “penal servitude,”.
Repeal.
36.
Regulation 347 of the Australian Military Regulations
is repealed.
Repeal.
37.
The sub-heading immediately preceding regulation 350
of the Australian Military Regulations and regulations 350 and 351 of the
Australian Military Regulations are repealed.
Delivery into
military custody.
38.
Regulation 352 of the Australian Military Regulations
is amended—
(a)
by omitting from sub-regulation (4) the words “or to military convicts,”;
(b) by
omitting from sub-regulation (4) the words “, soldiers under sentence of
detention, or military convicts” and inserting in their stead the words “or
soldiers under sentence of detention”;
(c) by
omitting from sub-regulation (5) the words “, or military convicts” (wherever
occurring);
(d) by
omitting from sub-regulation (6) the words “or military convict”;
(e) by
omitting from sub-regulation (6) the words “or penal servitude prison”;
(f) by omitting paragraph (a) of sub-regulation (8); and
(g) by
omitting paragraphs (d) and
(e) of sub-regulation (8.) and
inserting in their stead the following paragraphs:—
“(d) as if next after the words ‘imprisoned or
undergoing detention’ there were inserted the words ‘in the Commonwealth or
elsewhere’; and
(e) as
if for the words ‘a Secretary of State in any case, and in the case of a person
confined in a colony the Governor of that colony’, there were substituted the
words ‘the Governor-General of the Commonwealth’; and
(f) as if
for the words ‘in the United Kingdom, or the colony, according as the person is
confined in the United Kingdom, or the colony’ there were substituted the words
‘specified by the Governor-General’.”.
Meaning of
“month”.
39. Regulation
355 of the Australian Military Regulations is amended by omitting from
sub-regulation (3) the words “penal servitude,”.
Interim custody
of soldiers under sentence. (Peace and war service.)
40.
Regulation 357 of the Australian Military Regulations
is amended by omitting paragraphs (a), (b) and (c)
of sub-regulation (2) and inserting in their stead the following
paragraphs:—
“(a)
if a military prisoner, to a place of imprisonment, or a place of detention, or
a police station or lock-up; or
“(b) if a
soldier under sentence of detention, to any place mentioned in paragraph (a) of this sub-regulation,
except a place of imprisonment, unless under A.A. 131.”.
Concurrent
sentences.
41.
Regulation 358 of the Australian Military Regulations
is amended by omitting sub-regulation (1).
Documentary
evidence.
42.
Regulation 388 of the Australian Military Regulations
is amended by omitting from paragraph (f)
and paragraph (g) the
word “officer” (wherever occurring) and inserting in its stead the word
“person”.
Definition of
“Magistrate”.
43.
Regulation 398 of the Australian Military Regulations
is amended by omitting paragraph (h)
and inserting in its stead the following paragraph:—
“(h)
in relation to the Australian Capital Territory (including the Territory
accepted by the Commonwealth in pursuance of the Jervis Bay Territory
Acceptance Act 1915), the Sheriff of the Territory appointed under the Australian
Capital Territory Supreme Court Act 1933-1956, a stipendiary or special
magistrate appointed under the Court of Petty Sessions Ordinance 1930-1953
or a Justice of the Peace of the Territory.”.
Forms of
Proclamation. Australian Capital Territory.
44.
Regulation 407 of the Australian Military Regulations
is amended by omitting from paragraph (h)
of sub-regulation (3) the words “Territory for the Seat of Government”
and inserting in their stead the words “Australian Capital Territory”.
Pay in lieu of
recreation leave to a member of the Permanent Forces who joins an Expeditionary
Force.
45.
Regulation 472a
of the Australian Military Regulations is amended by omitting from
sub-regulation (3) the words “Military Financial Regulations” and
inserting in their stead the words “Regulations made under the Defence Act relating to pay and allowances”.
Public holidays.
46.
Regulation 475 of the Australian Military Regulations
is amended by omitting from sub-regulation (2) the words “military district”
and inserting in their stead the word “Command”.
Attendance of a
member on a holiday.
47.
Regulation 476 of the Australian Military Regulations
is amended by omitting the words “the Secretary, Department of Defence,”.
Service of persons called up under the
National Service Act.
48.
Regulation 485 of the Australian Military Regulations
is amended by omitting paragraph (b)
of sub-regulation (2) and inserting in its stead the following
paragraph:—
“(b) part-time training in accordance
with paragraph (b) of
the last preceding sub-regulation for the number of days by which the number of
days on winch he has rendered service in part-time training for the purposes of
that Act is less than seventy-eight days.”.
Parades which
count for purposes of pay.
49.
Regulation 497 of the Australian Military Regulations
is amended by omitting the words “Financial (Military) Regulations” and
inserting in their stead the words “Regulations made under the Defence Act relating to pay and allowances”.
Travelling
allowances.
50.
Regulation 589 of the Australian Military Regulations
is amended by omitting the words “Financial and Allowance Regulations” and
inserting in their stead the words “Regulations made under the Defence Act relating to pay and allowances”.
Status,
precedence and command.
51.
Regulation 592 of the Australian Military Regulations
is amended by omitting sub-regulation (2) and inserting in its stead the
following sub-regulations:—
“(2) A chaplain shall be entitled
to precedence in accordance with sub-regulation (2) of regulation 594,
sub-regulation (5) of regulation 595, sub-regulation (2) of regulation 595a, sub-regulation (2) of regulation 595b and sub-regulation (3) of
regulation 596 of these Regulations.
“(3) A chaplain shall not exercise
any military command except over such members as are detailed for duty under
his orders, and shall not be appointed as the president of a court-martial, a
court of inquiry or a board.”.
Senior chaplains
and deputy senior chaplains.
52.
Regulation 596 of the Australian Military Regulations
is amended by omitting the words “Military District” (wherever occurring) and
inserting in their stead the word “Command”.
Reduction of
classification.
53.
Regulation 598 of the Australian Military Regulations
is amended by omitting from sub-regulation (2) the words “Military District”
and inserting in their stead the word “Command”.
54.
Regulation 735 of the Australian Military Regulations
is repealed and the following regulations inserted in its stead:—
Company roll
books.
“735.—(1.) For the purposes of
sub-section (1.) of section 110a of
the Act, the prescribed persons are—
(a) in relation to a company of the
Permanent Forces—a member of the company not below the rank of sergeant
appointed by the commanding officer; and
(b) in
relation to a company of the Citizen Forces—an officer of the company appointed
by the commanding officer.
“(2.) For the purposes of
sub-section (2.) of section 110a of
the Act—
(a) the
prescribed matters are—
(i) the names and particulars of the members of the company;
(ii) a record of attendance at, or absence from,
parades;
(iii)
leave of absence granted;
(iv) in the case of the Permanent Forces—a daily
parade state; and
(v)
in the case of the Citizen Forces—a classification of each member as
‘efficient’ or ‘not efficient’ as the case requires; and
(b