Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES

1950. No..

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REGULATIONS UNDER THE DEFENCE ACT 1903-1949.*

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 1903-1949.

Dated this nineteenth

day of April , 1950.

W.J. McKELL

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Australian Military Regulations. 

1. Regulation 180 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—

Discharge from Permanent Forces before expiration of period of engagement or re-engagement.

“ 180.—(1) Subject to this regulation, a soldier of the Permanent Forces, when not on war service, may, at his own request, be discharged before the expiration of the period for which he has engaged or re-engaged—

(a) if his discharge is recommended by his CO. and approved by his Formation, &c., commander; and

(b) on payment of—

(i) such amount as the Military Board determines but not exceeding the value, at the date of discharge, of uniform, clothing or necessaries issued, to him free of charge by the Commonwealth; or

(ii) where the soldier has, in lieu of an issue of uniform, clothing or necessaries, been paid an allowance, the whole or such portion of that allowance as the Military Board determines.

 

* Notified in the Commonwealth Gazette on , 1950.

Statutory Rules 1027, No. 140, as amended to date. For previous amendments of the Australian Military Regulations, see footnote to Statutory Rules 1919, No. 55, and see also Statutory Rules 1949, No. 68, and Statutory Rules 1050, No.

357.—Price 3d. 8/2.2.1950.

“ (2) A soldier serving at Darwin or an isolated station shall not be discharged under this regulation unless—

(a) it appears to the authority who authorizes the discharge that special circumstances which justify the discharge exist; and

(b) on payment by the soldier, in addition to the payment prescribed by sub-regulation (1) of this regulation, of such amount as the Military Board determines to be the estimated cost of the transport to Darwin or the isolated station, as the case may be, of a soldier to take the place of the soldier to be discharged.

“ (3) In this regulation, ‘ isolated station ’ means a station declared by the Military Board to be an isolated station for the purposes of this regulation.”.

Waiver of notice of application for discharge or of payment.

2. Regulation “183 of the Australian Military Regulations is amended by omitting from paragraph (b) the figures and letter “ 180 (1) (b) ” and inserting in their stead the figures “ 180 (2) ”.

Camp Commandant at the Head-quarters of the Australian Military Forces, L.H.Q.

3. Regulation 237aof the Australian Military Regulations is repealed.

4. Regulation 783 of the Australian Military Regulations is amended—

Rules for messes.

(a) by omitting from paragraph (a) of sub-regulation (3) the word “ and ”; and

(b) by adding at the end of that sub-regulation the following paragraph:—

“; and (c) Where, in the opinion of the District Commandant, any mess within the Military District under his command has ceased to function and it is impracticable to call a meeting of the members of that mess, the District Commandant may allocate or distribute the property and assets of that mess to messes of the same category and of the same Branch of the Military Forces as that mess.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.