Australian Military Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORYRULES.

1946. No. 72.

______

REGULATIONS UNDER THE DEFENCE ACT 1903-1943.*

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 1903-1945.

Dated this tenth day of April, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command

F. M. FORDE

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 by inserting in paragraph (a) of sub-regulation (2a), after the figures “134”, the figures “136”.

2. After regulation 136a of the Australian Military Regulations the following regulation is inserted:—

Soldiers of the Permanent Forces discharged for the purpose of enlisting in a war time force who re-enlist in the Permanent Forces.

“136b.—(1.) A person who, being a soldier of the Permanent Forces was discharged from the Permanent Forces for the purpose of enlisting in a military force raised in time of war for war service and thereupon enlisted in that force shall, subject to the provisions of A.M.R. 481b—

(a) be entitled to the same rights and privileges other than rank or grade and seniority as those to which he would have been entitled, if he had not been discharged from the Permanent Forces during the period of his service in the military force raised in time of war for war service; and

(b)if, within such time after his discharge from the military force raised in time of war for war service or the termination of his appointment to commissioned rank therein (whichever last occurs) as the Military Board determines,

 

* Notified in the Commonwealth Gazette on 11th April, 1940.

  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. 20 and 80; 1933, Nos. 99 and 109; 1930, 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, 10, 29, 39, 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, 69, 85, 114, 166, 179, 211, 231, 289, 333, 334, 330, 417, 477, 506, 508, 521, 522, 555 and 556; 1943, Nos. 17, 72, 120, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 71, 72, 114, 120, 122, 154 and 164; and 1945, Nos. 6, 19, 38, 42, 68, 94, 111, 141 and 195.

476.—Price 3d.

 

he re-enlists for service in the same body or corps of the Permanent Forces as that in which he was serving immediately prior to his enlistment in the military force raised in time of war for war service, he may be reinstated in that body or corps in a rank or grade, and with seniority, equivalent to that which he would have possessed if he had continued to serve as a soldier in that body or corps during the period of his service in the military force raised in time of war for war service.

(2.) For the purpose of this regulation—

‘Permanent Forces’ does not include forces raised in time of war for war service; and

‘soldier’ includes a warrant officer holding an honorary commission.”.

Adaptations and Modifications of A.A. (War Service.)

3. Regulation 291 of the Australian Military Regulations is amended by omitting paragraph (a).

____________

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0