Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1950. No. 29.

 

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 twenty-first day of June, 1950.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations. 

Modification of A.A. in its application to Military Forces.

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

(a) by inserting in the table in paragraph (b) of sub-regulation (2a.) of that regulation, after the figures and words “ 31 |Omit paragraphs (1) to (7.) (both inclusive) ” the words and figures “ 45 | Omit the proviso to paragraph (1.) ” ; and

Modification of R.P. in their application to Military Forces.

(b) by inserting in sub-regulation (2b.), after the word “ Rules ” (first occurring), the figure “ 1,”.

2. Regulation 224 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

Detention in Military custody— Reports. (Peace and war service.)

“ 224.—(1.) Except as provided by sub-regulation (2.) of this regulation, where an officer or soldier remains in military custody for a longer period than eight days without a court-martial for his trial being ordered to assemble or his being brought before a civil court, a special report of the reason for the delay in his being brought to trial shall be made by his C.O. immediately after the expiration of the period of eight days, and a similar report shall be made immediately after the expiration of each succeeding period of eight days until a court-martial is assembled or the officer or soldier is brought before a civil court or released from military custody.

 

* Made under the Defence Act 1903-1949 on 21st June, 1950 ; notified in the Gazette on 29th June, 1950.

  Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 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; 1944, 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, 91, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 49, 59, 65 and 79; Nos 55 and 68; and 1950, Nos. 10 and 21.

2021.—Price 3d. 9/11.5.1950.

 

“ (2.) If, on active service, it is not practicable to make the special report immediately after the expiration of the period of eight days, the report shall be made as soon thereafter as is practicable but not later than thirty days after the date upon which the officer or soldier is placed in military custody.

“ (3.) A special report under sub-regulation (1.) or sub-regulation (2.) of this regulation shall be made by means of a letter from the C.O. of the officer or soldier in military custody addressed to the officer to whom application would be made to convene a court-martial for the trial of the officer or soldier.

“ (4.) Except as provided by sub-regulation (5.) of this regulation, where an officer or soldier remains in military custody for a longer period than thirty days without his being brought to trial before a court-martial or a civil court, a special report of the reason for the delay in his being brought to trial shall be made immediately after the expiration of the period of thirty days.

“ (5.) If, on active service, it is not practicable to make a special report under sub-regulation (4.) of this regulation immediately after the expiration of the period of thirty days, the report shall be made as soon thereafter as is practicable.

“ (6.) A special report under sub-regulation (4.) or sub-regulation (5.) of this regulation shall be made by the officer to whom application has been made, or would be made, to convene a court-martial for the trial of the officer or soldier and shall be by means of a letter addressed to the Adjutant-General.

“ (7.) An officer to whom a report is made under this regulation shall promptly acknowledge receipt of the report and shall take such action as is necessary to satisfy himself as to the necessity for the retention in military custody of the officer or soldier who is the subject of the report.”.

Venereal disease.

3.— (1.) Regulation 826 of the Australian Military Regulations is repealed.

(2.) This regulation shall be deemed to have come into operation on the tenth day of January, 1950.

 

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