Australian Military Regulations (Amendment) (Cth)

 

STATUTORY RULES.

1954. No. 113.

REGULATIONS UNDER THE DEFENCE ACT 1903-1953.*

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 1903-1953.

Dated this twelfth day of November, 1954.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

(Sgd) JOS FRANCIS

Minister of State for the Army.

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 and figures—

“Division 12.—Provost Staff	608-609”
the words and figures—
“Division 12A.—Australian Army Psychology Corps .. .. .. ..	609A-609G”.

Definitions.

2. Regulation 3 of the Australian Military Regulations is amended by omitting from the definition of “Formation, &c., commander” the words “not below the rank of colonel”.

3. Regulation 81 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Provisional promotions under section 21 of the Defence Act.

“81. Where an officer is provisionally promoted under sub-section (2.) of section 21 of the Defence Act by reason that he has had no opportunity of passing the prescribed examination, the provisional promotion is subject to his passing the prescribed examination—

(a) in a case to which asucceeding paragraph of this regulation does not apply—within a period of three years after the date of the provisional promotion;

(b) in a case where a time of war exists at the date of the provisional promotion or comes into existence within a period of three years after the date of the provisional promotion

* Notified in the Commonwealth Gazette on  , 1954.

  Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 27, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 20 and 80; 1935, Nos. 99 and 109; 1935, Nos. 21, 40 and 100; 1937, No, 45; 1938, Nos. 75, 90 and 98; 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, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 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 70; 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; and 1953, No. 87.

3036.—PRICE 5D. 10/13.8.1954.

 

—within such period, not exceeding a. period of three years, after the cessation of the time of war as the Military Board determines; and

(c) in a case to which the last preceding paragraph, does not apply but where, at the date of the provisional promotion, the officer was serving on active service outside Australia or, within a period of three years after the date of the provisional promotion, the officer commenced to serve on active service outside Australia—within such period after the date of the provisional promotion as the Military Board determines.”.

Eligibility for promotion in Citizen Forces.

4. Regulation 88 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “to be examined”.

Transfer and appointment to Reserve of Officers.

5. Regulation 120 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1) the words “or the Australian Army Legal Corps” and inserting in their stead the words “, the Australian Army Legal Corps or the Australian Army Psychology Corps”; and

(b) by omitting from paragraph (b) of sub-regulation (2) the words “or the Australian Army Legal Corps” and inserting in their stead the words “, the Australian Army Legal Corps or the Australian Army Psychology Corps”.

Ages for retirement of officers.

6. Regulation 124 of the Australian Military Regulations is amended by inserting in paragraph (b)of sub-regulation (1), after the words “The Australian Army Legal Corps”, the words “, The Australian Army Psychology Corps”.

Retired list and military title after retirement.

7. Regulation 125 of the Australian Military Regulations is amended—

(a) by omitting from sub-regulation (2) the words “A lieutenant-colonel” and inserting in their stead the words “A colonel who has thirty years’ commissioned service in the Active Military Forces, a lieutenant-colonel”; and

(b) by omitting sub-regulation (3).

Special cases.

8. Regulation 126 of the Australian Military Regulations is amended by omitting from paragraph (a)the word “rank” (second and third occurring) and inserting in its stead the words “temporary rank”.

Period of re-engagement.

9. Regulation 140 of the Australian Military Regulations is amended by omitting sub-regulations (11.)and (12.) and inserting in their stead the following sub-regulations:—

“(11.) Subject to the next succeeding sub-regulation, a soldier, whether or not he has attained the age of compulsory retirement prescribed by paragraph (b)of sub-regulation (1.) of regulation 191 of these Regulations, may he re-engaged for a period that will expire after he attains that age if—

(a) in the case of a soldier of the Australian Regular Army— the Minister considers that the services of that soldier should be retained beyond that ago and approves his re-engagement; or

 

(b) in any other case—the Adjutant-General considers that the services of the soldier, or of the soldiers in a class of soldiers in which the soldier is included, should be retained beyond that age and approves the re-engagement of the soldier or the soldiers in that class.

“(12.) The period of re-engagement of a soldier under the last preceding sub-regulation shall not exceed—

(a)in the case of a soldier of the Australian Regular Army— five years;

(b)in the case of a soldier of a part of the Permanent Forces other than the Australian Regular Army—three years; or

(c) in any other case—one year,

and, in any case, shall not exceed a period that will expire after the soldier will attain the age of sixty years.”.

Scale of punishments for purpose of commutation.

10. Regulation 254 of the Australian Military Regulations is amended by inserting in paragraph (a), after the words—

“Reversion to permanent rank.”,

the words—

“Deduction from pay under paragraph (fa) of sub-regulation (2) of regulation 256.”.

Summary punishments.

11. Regulation 256 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (e) of sub-regulation (2) the words—

“A fine not exceeding in any case five pounds, but, in the Citizen Forces not on war service, exceeding ten shillings.”

and inserting in their stead the words—

“A fine not exceeding Five pounds.” ;

(b) by omitting paragraph (f) of sub-regulation (2) and inserting in its stead the following paragraphs:—

“(f) For an offence committed, when not on war service, by a non-commissioned officer or private soldier of the Permanent Forces or Citizen Forces, being an offence (other than an offence to which the next succeeding paragraph applies) which causes damage to a building or other property:—

A fine not exceeding Five pounds.

“(fa)For an offence committed, when not on war service, by a non-commissioned officer or private soldier of the Permanent Forces or Citizen Forces, being an offence which causes loss of, or damange or destruction to, any arms, ammunition, equipment, clothing, instruments or regimental necessaries:—

 (i) Where the articles are on issue to the member—a deduction from pay not exceeding Twenty pounds; or

(ii) Where the articles are not on issue to the member—a deduction from pay not exceeding Five pounds.”; and

 

(c) by omitting paragraph (b)of sub-regulation (5) and inserting in its stead the following paragraph:—

“(b)For an offence committed when not on war service by a private soldier of the Permanent Forces or Citizen Forces:—

A fine not exceeding Two pounds.”; and

(d) by omitting from paragraph (a) of sub-regulation (7) the words “when on war service” and inserting in their stead the words “whether on war service or not”.

Power of company, &c., commander.

12. Regulation 260 of the Australian Military Regulations is amended—

(a) by omitting from paragraph (d)of sub-regulation (1) the words “Citizen Forces” and inserting in their stead the words “Permanent Forces or Citizen Forces”; and

(b)by omitting from that paragraph the words “five shillings” and inserting in their stead the words “Two pounds”.

Deductions for barracks, &c., damages.

13. Regulation 294 of the Australian Military Regulations is amended by omitting from sub-regulation (3) the words “, and shall not exceed five shillings”.

14. After Division 12 of Part VII. of the Australian Military Regulations the following Division is inserted:—

“DIVISION 12A.—AUSTRALIAN ARMY PSYCHOLOGY CORPS.

Constitution of Australian Army Psychology Corps.

“609A. The Australian Army Psychology Corps shall consist of officers and soldiers who—

(a) are appointed to or enlisted in that Corps; or

(b)are transferred to, or seconded for duty with, that Corps from other parts of the Military Forces.

Qualification for appointment as an officer.

“609B. A person shall not be appointed as an officer of the Australian Army Psychology Corps unless—

(a)he is the holder of, or qualified for admission to, a degree of a University approved by the Military Board; and

(b) he has such qualifications as the Military Board considers necessary for the practice of psychology.

Rank on appointment— Citizen Forces.

“609C. The first appointment of a person to commissioned rank, as an officer of the Citizen Forces, in the Australian Army Psychology Corps shall be a provisional appointment to the rank of captain.

Rank on appointment— Permanent Forces.

“609D.—(1.) The first appointment of a person to commissioned rank, as an officer of the Permanent Forces, in the Australian Army Psychology Corps shall be to the substantive rank of lieutenant with the temporary rank of captain.

“(2.) Where an officer appointed to the substantive rank of lieutenant under the last preceding sub-regulation qualifies for promotion to the substantive rank of captain, he may, notwithstanding regulation 85 of these Regulations, be promoted to the substantive rank of captain after three years’ service in the rank of lieutenant.

Examinations.

“609E. The syllabus and scope of the examinations for appointment and promotion in the Australian Army Psychology Corps shall be as approved by the Military Board.

 

Allotment for duty.

“609F. Officers of the Australian Army Psychology Corps may be allotted for duty with units and staffs of the Military Forces.

Reserve of Οfficers, Australian Army Psychology Corps.

“609G.—(1.) A person who—

(a) is qualified under sub-regulation (2) of regulation 120 of those Regulations to be appointed to commissioned rank in the Reserve of Officers by reason that he possesses the professional qualifications prescribed by these Regulations for appointment to commissioned rank in the Australian Army Psychology Corps; and

(b)is competent to perform the duties of an appointment in that Corps specified in the first column of the table to this sub-regulation,

may be appointed as an officer of the Reserve of Officers, Australian Army Psychology Corps, and may be granted the honorary rank specified in the second column of that table opposite to that appointment.

Appointment in Australian Army Psychology Corps.	Honorary Rank.
Consultant..........................................................................	Colonel or Lieutenant-Colonel
Senior Psychologist............................................................	Major
Psychologist.......................................................................	Captain

“(2.) Officers of the Reserve of Officers, Australian Army Psychology Corps may be employed from time to time on such work in the practice of psychology as the Military Board approves.”.

Printed for the GOVERNMENT of the COMMONWEALTH by A. J. ARTHUR at the Government Printing Office, Canberra.