Australian Military Regulations (Amendment) (Cth)

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DEFENCE (MILITARY).

 

Page.

Australian Military Regulations.................................................

201

Financial (Military) Regulations..................................................

209

Royal Military College Regulations...........................................

209

 

AUSTRALIAN MILITARY REGULATIONS.

 

Statutory Rules 1955, No. 7.(a)

 

Subdivision of Regulations.

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

“ Part IX—Ceremonial—

Division 1.—Standards guidons and colours.............. 673-677

Division 2.—Honours and salutes.............................. 678-734 ”.

Definitions.

2. Regulation 3 of the Australian Military Regulations is amended by omitting from the definition of “ Formation, &c.,” the words “ Military District,”.

Powers of formation, &c., commanders exercisable by the Military Board.

3. Regulation 12 of the Australian Military Regulations is amended by omitting the words “, or, in time of war, by a district commandant ”.

Omission of sub-heading.

4. The sub-heading immediately preceding regulation 41 of the Australian Military Regulations is omitted and the following subheading inserted in its stead :—“Areas.”.

Repeal of regulations 41 and 41a.

5. Regulations 41 and 41a of the Australian Military Regulations are repealed.

Precedence of Corps.

6. Regulation 68 of the Australian Military Regulations is amended by omitting from sub-regulation (2.) the words “ numerical order of the military districts to which they belong ” and inserting in their stead the words “ order in which the Commands to which they belong are specified in the instrument appointing Commands under section 8 of the Act ”.

Transfer on the Unattached List.

7. Regulation 119 of the Australian Military Regulations is amended by omitting the words “ military district ” (wherever occurring) and inserting in their stead the word “ Command ”.

Officers on the Unattached List.

8. Regulation 132 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “ the Base Commandant of the military district ” and inserting in their stead the words “ the Commander of the Command ”.

Examination of proceedings—peace and war service.

9. Regulation 334 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ or an officer of the Australian Army Legal Corps ” and inserting

 

(a) Made under the Defence Act 1903-1953 on 12th January, 1955; notified in the Gazette on 20th January, 1955.

in their stead the words “, an officer of the Australian Army Legal Corps or a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth, being a barrister or solicitor approved by the Director of Legal Services for the purpose,” ; and

(b) by omitting sub-regulation (6) and inserting in its stead the following sub-regulation :—

“ (6.) A person who has acted as the president, a member of the court, the prosecutor, counsel for the prosecutor or the judge-advocate at a trial by court-martial shall not, either before or after confirmation, advise upon the proceedings of that court-martial.”.

Assistance by Commander.

10. Regulation 399 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “ district base commandant ” and inserting in their stead the words “ Commander of a Command ”.

Application for assistance to be reported.

11. Regulation 402 of the Australian Military Regulations is amended by omitting the words “ district base commandant ” and inserting in their stead the words “ Commander of a Command ”.

12. Regulation 485 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

Service of persons called up under the National Service Act.

“ 485.—(1.) The service to be rendered by a person under subsection (2.) of section 33, or sub-section (8.) of section 51, of the National Service Act shall be—

(a)full-time training at a camp of continuous training for ninety-eight consecutive days; and

(b)part-time training—

(i) at a camp or camps of continuous training for a total period of forty-two days; and

(ii) at parades (consisting of week-end bivouacs or courses, whole day, half-day and night parades), or at a camp or camps of continuous training, for a total period of thirty-six days.

“ (2.) The service to be rendered by a member of the Citizen Forces under sub-section (10.) of section 51 of the National Service Act shall be—

(a)full-time training in accordance with paragraph (a) of the last preceding sub-regulation for the number of days by which the number of days on which he has rendered service in full-time training for the purposes of that Act is loss than ninety-eight days ; and

(b)part-time training in accordance with paragraph (b) of the last preceding sub-regulation for the number of days on which he has rendered service in part-time training for the purposes of that Act is less than seventy-eight days.”.

Duties of legal officers.

13. Regulation 582 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (5.) A barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth approved by the

Director of Legal Services for the purposes of sub-regulation (1.) of regulation 334 of these Regulations may perform a duty or exercise a power of a legal officer under paragraph (a),(b),(f),(g) or (h) of sub-regulation (1.) of this regulation and a duty so performed or a power so exercised shall, for all purposes, be deemed to be the performance of the duty or the exercise of the power by a legal officer.”.

Repeal of Part IX.

14.

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