Australian Military Regulations (Amendment) (Cth)
STATUTORY RULES.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1951.*
I,
THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, hereby make the following
Regulations under the
Dated this nineteenth day of October, 1951.
J. NORTHCOTT
Administrator.
By His Excellency’s Command,
(Sgd) JOS FRANCIS
Minister of State for the Army.
–––––––
Amendments of this Australian Military Regulations.
(
a ) by omitting the figures “ 134-141 ” and inserting in their stead the figures “ 135-141 ”;(
b ) by omitting the words and figures—“ Division 22.—Proceedings under D.A.
141 before civil court................... 393—395 ”;
(
c ) by omitting all the words and figures from and including the words and figures—“ Part VI.—Registration, medical examination, exemption, allotment, leave of absence, training, efficiency, absentees, non-effective lists, offences and penalties, and prescribed institutions under Part XII. of the Defence Act.”
to and including the words and figures—
“ Division 11.—Offences and penalties in relation to service under Part XII. of the D.A. and prescribed institutions under D.A. 135 and 135a.............................................................................. 524 — 534 ”
*
Notified in the
Statutory Rules 1927, No. 149, as amended to date. For previous amendments to
the Australian Military Regulations
4150.—Price 8d. 10/23.8.1951.
and inserting in their stead the words and figures—
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(
d ) by omitting the words and figures—“ Part XI.—Military institutes, canteen services, messes quarters, and married soldiers—
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and inserting in their stead, the words and figures—
“ Part XI.—Messes, quarters and married soldiers— ”;
and
(
e ) by omitting the words and figures—“ Division 7.—Wills.......................................................... 834 ”.
(
a ) by omitting from sub-regulation (1.) the definition of “ Area Officer ”;(
b ) by omitting from that sub-regulation the definition of “ Militia, &c., Forces ”;(
c ) by omitting from that sub-regulation the definition of “ Personal service ”;(
d ) by inserting in that sub-regulation, after the definition of “ The Military Forces ”, the following definition:—“ ‘ The National Service Act ’ means the
National Service Act 1951; ”; and(
e ) by omitting from that sub-regulation the definition of “ Trainee ’.
“ (4.) A person whose probationary promotion is terminated under sub-regulation (3.) of this regulation shall, if he is a person rendering service under the National Service Act, revert to the rank which he held immediately prior to his probationary promotion.”.
(
a ) by omitting from paragraph (b ) of sub-regulation (1.) the words “ Intelligence Corps ” and inserting in their stead the words “ Australian Intelligence Corps ”; and(
b ) by omitting from paragraph (h ) of that sub-regulation the words “ Australian Army Provost Corps ” and inserting in their stead the words “ Royal Australian Army Provost Corps ”.
“ 114.—(1.) An officer who is liable to render service under the National Service Act shall not, unless exempt from liability to render service under that Act, be transferred to the Unattached List.
“ (2.) An officer of the Unattached List who is liable to render service under the National Service Act and ceases to be exempt from liability to render service under that Act shall be transferred to a regiment or corps.”.
(
a ) by omitting from sub-regulation (2.) the words “ brigadier-general, or ”;(
b ) by omitting from sub-regulation (2a.) the words “ Senior Cadets ” (wherever occurring) and inserting in their stead the words “ Australian Cadet Corps ”; and(
c ) by omitting sub-regulation (3.).
(
a ) by omitting paragraph (b ) of sub-regulation (1.) and inserting in its stead the following paragraph:—“ (
b ) is an officer of the Permanent Forces, the Royal Australian Army Chaplains’ Department, the Royal Australian Army Medical Corps, the Royal Australian Army Dental Corps, the Royal Australian Army Pay Corps or the Australian Army Legal Corps; or ”;(
b ) by omitting paragraph (e ) of that sub-regulation; and(
c ) by omitting paragraph (b ) of sub-regulation (2.) and inserting in its stead the following paragraph:—“ (
b ) possesses the professional qualifications proscribed by these Regulations for appointment to commissioned rank in the Royal Australian Army Chaplains’ Department, the Royal Australian Army Medical Corps, the Royal Australian Army Dental Corps, the Royal Australian Army Ordnance Corps or the Australian Army Legal Corps; or ”.
“ 133. A person on a retired list shall report his address, in writing, during the month of January or February in each year—
(
a ) in the case of a person who holds the military title of major-general or a superior military title—to Army Headquarters; or(
b ) in any other case—to the Commander of the Command in which he resides.”.
“ (
a ) in the Citizen Forces unless he is liable to render service under the National Service Act; or ”.
(
a ) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—“ (1.) Where, by reason of a change in his place of residence, a soldier of the Citizen Forces is unable to perform duty with his unit or corps, the soldier may, unless he is discharged from those; Forces or exempted from his liability to render service under the National Service Act, be transferred to a unit or corps in the area in which his new place of residence is situated.”; and
(
b ) by omitting from sub-regulation (2.) all the words after the word “ belongs ”.
“ 174. A soldier of the Citizen Forces called, up for service under the National Service Act who has been allotted to a unit or corps may, if he is unsuitable for his duties in that unit or corps, be transferred to another unit or corps.”.
(
a ) by omitting from sub-regulation (1.) the letters and figures “ or in consequence of a finding under D.A. 141 ”;(
b ) by inserting in paragraph, (a ) of sub-regulation (2.) after the words “ Citizen Forces ” the words “ (except where the soldier has been called up for service under the National Service Act)”;(
c ) by omitting sub-paragraph (iii) of that paragraph and inserting in its stead the following sub-paragraph:—“ (iii) a Commander of a Command or the Commandant of the Royal Military College, or ”;
(
d ) by omitting sub-paragraph (v) of that paragraph and inserting in its stead the following sub-paragraph:—“ (v) an officer, not below the rank of lieutenant-colonel on the staff of a Commander of a Command empowered by that Commander, or ”;
(
e ) by omitting from paragraph (c ) of sub-regulation (2.) the words “ by the C.O. of the soldier, or ” and inserting in their stead the words “ or, if the soldier has not been called up for service under the National Service Act, by—(i) a formation, &c., commander;
(ii) an officer not below the rank of Lieutenant-Colonel on the staff of a formation, &c., commander empowered by that formation, &c., commander; or
(iii) the C.O. of the soldier; or ”; and
(
f ) by adding at the end of that sub-regulation the following paragraph:—“ (
e ) from the Citizen Forces, if the soldier has been called up for service under the National Service Act, by—(i) the Military Board;
(ii) the Adjutant-General;
(iii) a Commander of a Command;
(iv) an officer empowered by the Military Board; or
(v) an officer, not below the rank of Lieutenant-Colonel, on the staff of a Commander of a Command empowered by that Commander.”.
“ 203b. Every person subject to military law who fails, without lawful excuse, to attend training which he is required or ordered to attend under regulation 489 of these Regulations shall be guilty of an offence and shall be liable to penalties as prescribed by regulation 215 of these Regulations.”.
(
a ) by omitting from paragraphs (iv), (viii) and (ix) of the proviso to sub-regulation (1.) the words “ belonging to a class of whom service is being demanded under Part XII. of the D.A.” and inserting in their stead the words “ rendering service under the National Service Act ”;(
b ) by omitting from sub-paragraph (ii) of paragraph (a ) of sub-regulation (2.) the words “belonging to a class of whom service is being demanded under Part XII. of the D.A.” and inserting in their stead the words “ called up for service under the National Service Act ”; and(
c ) by committing from that sub-paragraph the words “, he belongs to a class of whom service is being demanded under Part XII. of the D.A.” and inserting in their stead the words “called up for service under the National Service Act ”.
class of whom service under that Part is being demanded ” and inserting in their stead the words “called up for service under the National Service Act”.
(
a ) by omitting from sub-regulation (10.) the words “ serving under Part XII. of the D. A. unless there is a finding under D.A. 141 ” and inserting in their stead the words “rendering service under the National Service Act”;(
b ) by omitting sub-regulation (12.); and(
c ) by omitting sub-regulation (17.).
“
(
a ) by omitting the words “ Senior Cadets ” and inserting in their stead the words “ Australian Cadet Corps ”; and(
b ) by omitting the words “ area officer ”.
(
a ) by omitting the words “ Australian Army Medical Corps ” (wherever occurring) and inserting in their stead the words “ Royal Australian Army Medical Corps ”; and(
b ) by omitting the words “ Senior Cadets ” (wherever occurring) and inserting in their stead the words “ the Australian Cadet Corps ”.
(a) by omitting from sub-regulation (1.) the words “ or other military duty may be granted to members of the Citizen Forces or Senior Cadets ” and inserting in their stead the words “(not being full time training under regulation 485 of these Regulations) or from other military duty may be granted to members of the Citizen Forces or the Australian Cadet Corps ”;
(
b) by omitting from paragraph (a ) of that sub-regulation the words “ senior cadet ” (first and second occurring) and inserting in their stead the words “ member of the Australian Cadet Corps not being an officer ”;(
c ) by omitting from sub-paragraph (i) of that paragraph the words “, or in addition in the case of a senior cadet, by the area officer ”; and(
d ) by adding at the end thereof the following sub-regulation:—“ (3.) Leave of absence from full time training may be granted to members of the Citizen Forces for such periods and on such conditions and by such authorities as may be determined by the Military Board.”.
“ 485. The service to be rendered by a person called up for service with the Citizen Forces in accordance with the National Service Act shall be as follows:—
(
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, for a total period of thirty-six days or at a camp or camps of continuous training for that period.
“ 486. The period of training and the nature of parades in each year for members of the Citizen Forces, not being persons called up for service in accordance with the National Service Act, shall be as determined by the Military Board.
“ 487. The year of training in the Citizen Forces shall commence on the first day of July of each year.
“ 488.—(1.) The Commanding Officer of each unit or sub-unit in the Citizen Forces shall prepare, for each year of training or for such other period as the Miltary Board authorizes, a programme of training for the unit or sub-unit.
“ (2.) The programme shall specify—
(
a ) the date of commencement of each camp of continuous training and the period for which a member is required to attend at each camp; and(
b ) the nature of the part-time training and the times and the places at which that part-time training is to be hold.
“ (3.) A parade shall be marked on the programme as an obligatory parade, an alternative parade or a voluntary parade.
“ (4.) Each member of the Citizen Forces shall be provided with a copy of the programme of training for his unit or sub-unit.
“ 489.—(1.) A member of the Citizen Forces shall attend each camp of continuous training specified in the programme of training for his unit or sub-unit and every parade marked on that programme as an obligatory parade.
“ (2.) A member of the Citizen Forces called up for service under the National Service Act who fails to attend any training referred to in the last preceding sub-regulation may be ordered by his Commanding Officer to attend a camp of continuous training or a parade of a duration equal to the duration of the training that he has failed to attend.
“ 490. Alternative parades may be held for a unit or sub-unit in a year of training for periods not exceeding the duration of the obligatory parades held in that year.”.
(
a ) by omitting the word “ compulsory ” and inserting in its stead the word “ obligatory ”;(
b ) by omitting the word “ drills ” (wherever occurring) and inserting in its stead the word “parades”;(
c ) by omitting the words “ or Senior Cadets ”; and(
d ) by adding at the end thereof the following sub-regulation:—“ (2.) A voluntary parade may be marked as an alternative parade on the programme of training.”.
(
a ) by omitting sub-regulation (1.);(
b ) by omitting from sub-regulation (2.) the word “ drill ” (wherever occurring) and the word “ drills ” and inserting in their stead the word “ parade ” and the word “ parades ”, respectively;(
c ) by omitting from sub-regulation (3.) the word “ drill ” and inserting in its stead the word “parade”; and(
d ) by adding at the end thereof the following sub-regulations:—“ (4.) A half-day parade may be conducted during the hours of darkness and a night parade during the hours of daylight.
“ (5.) For counting of parades (not being parades held during a camp of continuous training) for the purpose of pay, two half-day parades or three night parades shall be the equivalent of one whole-day parade.”.
(
a ) by omitting the word “ drill ” (wherever occurring) and inserting in its stead the word “parade”; and(
b ) by omitting the words “ or Senior Cadets ”.
“ 497. Subject to the Financial (Military) Regulations, attendance of a member of the Citizen Forces in any year of training at obligatory parades or at alternative parades attended in lieu of obligatory parades, or at voluntary parades, not being in excess of the total required of him in that year of training, shall count for pay.”.
(
a ) by omitting the words “ or Senior Cadets at a drill of a unit ” and inserting in their stead the words “ at a parade of a unit or sub-unit ”; and(
b ) by omitting the words “ in the Citizen Forces for ”.
“ 502.—(1.) This Division shall not apply to officers on the Unattached List or to a member appointed to or enlisted in the Citizen Forces who, in a year of training, has been employed on war service for not less than, the period, which he would have been required to serve under the last preceding Division during that year if he had not been employed on war service.
“ (2.) A member who is appointed to or enlisted in the Citizen Forces and who, in a year of training, has been called out and employed on war service for not less than the period which he would have been required to serve under the last preceding Division during that year if he had not been employed on war service, shall be classified ‘efficient’.”.
(
a ) by omitting from sub-regulation (1.) the words “ or Senior Cadets ”;(
b ) by omitting from that sub-regulation the words “ a cavalry ” and inserting in their stead the words “ an armoured ”;(
c ) by omitting from sub-regulation (2.) the words “ a cavalry ” and inserting in their stead the words “ an armoured ”;(
d ) by omitting from sub-regulation (3.) the words “ or Senior Cadets ”;(
e ) by omitting paragraph (a ) of that sub-regulation and inserting in its stead the following paragraph:—“ (
a ) attended such training as is required of him under the last preceding Division during that year;”;(
f ) by omitting from that sub-regulation the words “ a cavalry ” and inserting in their stead the words “ an armoured ”; and(
g ) by omitting from sub-regulation (4.) the words “ or Senior Cadets ”.
(
a ) by omitting from sub-regulation (1.) the words “ a voluntarily ” (wherever occurring) and inserting in their stead the word “ an ”;(
b ) by omitting paragraph (a ) of that sub-regulation and inserting in its stead the following paragraph:—“ (a) attended such training as is required of him under the last preceding Division during that year; and
(
c ) by omitting from sub-regulation (2.) the words “ A voluntarily ” and inserting their stead the word “ An ”.
“ 508. When in this Division it is provided that to be classified ‘efficient’ in respect of any year of training, an officer or soldier of the Citizen Forces shall have attended such training as is required of him by the last preceding Division during that year, the failure of the officer or soldier to have attended the obligatory portion of that training held—
(
a ) during his absence, where the period of absence exceeds one month and in respect of which leave has been granted on account of sickness or other unavoidable cause;(
b ) before his appointment as an officer, unless immediately prior to that appointment he was a soldier; or(
c ) before his enlistment,
shall not disentitle that officer or soldier to be classified ‘efficient’ in respect of that year of training.”.
(
a ) by omitting the words “ or Senior Cadets ”; and(
b ) by inserting after the word “ year ” (first occurring) the words “ of training ”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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