Defences Act 1895 (SA)

.ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-
GESIMO NON0
No. 643.
An Act to consolidate and amend the Law relating to
Defences.
[Assented to, Decembev 20th. 1895.1
E it Enacted by the Governor of the Province of South Ans-

and House of Assembly of the said province, in this present Padia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

PRELIMINARY.
Repeal.

1, 'The Acts mentioned in the First Schedule to this Act are Repeal of ~ c t s

hereby repealed:

Provided that this repeal shall not affect anything SChe"16.

heretofore lawfully done or suffered, under any cnactment hereby repealed, or any penalty, forfeiture, or punishmelit incurred in respect of any offence committed against any such mac tmerit.
2, This Act may be cited as " The Defences Act, 1895." Sho1.t tit10 of A C ~,
3. In this Act the following terms shall have the several Definitions in inter-

meanings set against them respectively, that is to say-

pretation of this Act.

Minister "-The

Chief Secrctarv or other Kesponsible Minister Minister.

for the time being administehq this Act:

Commandant "-The

commissioned officer in chief command Commandant,

for the time being of the Forces of South Australia:

A-643

" Commanding

5 8 & 59' VICTORIW, No. 643.

The	Defenc~s Act.-1895.

Commanding Officer.

Commanding Officer "-The

officer commanding a corps raised

under this Act:

Officer.

" Officer"-A

person holding a commission or wdrrant in the

Forces:

oldier.

Soldier "--A

non-commissioned officer, private, cadet, trumpeter,

bugler, drummer, or musician, raised under this Act:

Member.

Member "-Any

officer, non-cornmissioncd officer, or private

serving in any of the Forces under the repealed Acts, or any
officer or soldier enrolled under this Act:

Tho Forces.

C' The Forces "-The

Forces authorised by this Act:

Active Force.

Active Force "-The

officers and soldiers serving in the Active

Military Force authorised by this Act:

Reserve Force.

" Reserve Force "--The

officers and soldiers serving in the

Reserve Military Force authorised by this Act:

Corps.

Corps "-Any

squadron of mounted troops, battery, or com-

pany of artillery, or company of infantry, or other branch of
the Forces, but so that where two or more of these are formed into a regiment such regiment may be termed a corps:

Army Act.

c c Army Act "-The

Act of the Imperial Parliament called G The

Army Act, 1881," or any Act or Acts that shall for the time being be in force in the United Kingdom amending or in substitution for the same, including the Articles of' War made and for the time being in force thereunder:

regulation^.

'L Regulations "--Any regulations which shall be made by the

Governor is1 pursuance of this Act:

Prescribed.

" Prescribed "-Prescribed

by this Act, or by regulations made

under this Act:

District.

Districtv-The

locality prescribed as a district by this Act, or

by any regulations made under this Act:

Sub-district

6 t Sub-district "-That

portion of

any dish-ict prescribed as a

sub-district for the purposes of this Act, or by any regula*
tions made under this Act:

Pmclamwtioa.

Proclamation "-A

proclamation published in the Government

Gazette.

Division of Act.

4, This Act shall be divided into parts, as follows:-

PART I.-Military

Forces:

PART

II.,-Defence

Rifle Clubs:

PART

r I r .Nat iona1 Rifle

Association.

PART
58" & 59' VICTORIE, No. 643.
The Defences Act.-1895.

MILPT ARY

FORCXS.

5, The Governor, as Her Majesty's liepresentative, shall be	The Governor to be
Commander-in-Chief.

Commander-in-Chief of the ~orces '

mentioned in this Act.

6, The Commandant shall, subject to regulations, command the

Commandant to com-

Forces authorised by this Act.

mand the Forces.

Constitution cf the Forces.

7. The Forces authorised by this Act shall consist of-	Forces.
Constitution of the

(1) Officers and soldiers permanently employed:
(2) The Active Military Force: (3) The Reserve Military Force.

Every member of " The South Australian Military Force,"

Members of the Forces

The Militia Force," " The Rcscrve Militia Force," and The

in existence at passing

of	this Act t o serve

Volunteer Militia Reserve Force " commissioned or enrolled under	under this Act.
the repealed Acts, or any of them, may continue to serve in the Forces under the provisions of this Act, but must be commissioned or enrolled under this Act.
Any member of the Forces aforesaid may, within three months of the passing of this Act, resign his commission if an officer, or, if a non-commissioned officer or private, may claim his discharge from such Forcc by giving fourteen days7 notice of the same through his commanding officer to the Commandant.
Except as herein expressly provided, nothing herein contained shall be deemed to deprive any person who has been a member of any of the Forces under the said repealed Acts of any immunity or privilege t o which under any of the said Acts he may be, or, but

for this Act, would have been, entitled at the passing hereof.

9, The Active and the Reserve Forces shall be equal in rank, Precedence of Poroes.
but shall rank junior to the permanently employed l-l'orce of the
said province.
Raising and Muintena~zce.
10, The Governor may, from time to time, call together, raise, Military Force may
organise, arm, equip, drill, train, and exercise a Military Force corn- be raleed,
prised of such persons and in such manner as hereinafter directed.
11, Every male inhabitant of the province between the ages of Persons liabhtoaervo
eighteen and forty-five, fit and able to bear arms, being a British in the
by birth or naturalization, who shall have resided in the said province fbr a period of six calendar months, and not exempted by the Second Sclledule hereto, shall be, and he is hereby declared to be, liable to serve in the Forces to be raiscd under this Act
when
4 $3" & 59' VICTORIE, No. 643.
The Defences Act. --l 895.

PAW r.	when called upon by virtue of any of the provisions of this Act:
Provided that-

I. No person shall have the benefit of exemption unless he proves his right thereto as laid down in this Act:
11. When exemption is claimed, the burden of proof shall be
upon the claimant:
m. Exemption shall not prevent any person from serving if he
desires it, and is not disabled by bodily infirmity:
Provided also that no such liability shall be enforced except in case of actual invasion OF of the imminent prospect thereof, declared by
the Governor by Proclamation.

Claasea of persone

12. The male population liable to serve in the Forces shall be

liable to s e w.

divided into three classes, as follows:-

The first class shall comprise all men of the age of eighteen years and upwards, but under thirty years of age, who are un- married or widowers without children:
The second class shall comprise all men of the age of thirty years and upwards, but under forty-fivc yeam, who are unmarried or widowers without children:
The third class shall comprise all men of t,he age of eighteen years and upwards, but under forty-five years, who are married:
And whenever it is necessary to call upon men to serve in the
Forces they shall be called out in the order aforesaid.
Military Distvicts and Shb-districts.
Governor may pro-

claim Military Dis-

13. For the purposes of this Act, and for more efficiently raising

trict@ and 8,,b-dis.

such Forces as aforesaid, the Governor may, by Proclamation,

tricts.

constitute Military Districts " and Military Sub-districts," and

daries thereof, may, from time to tirne, abolish, alter, or vary, and

may define the boundaries thereof, and such districts, or t h e boun-

by such Proclamation as aforesaid may, subject to the provisions of this Act, appoint the number of the Forces to be raised for each or any of' such districts, and such number may frorn time to time alter or vary.

Mode of 12aisin.q the I'

01.c PS.

Enrolment to be

made by Enrolment

14. The Governor may appoint persons, to be called " Enrol-

05cer.

ment Officers," for all or such one or more of the districts or sub-districts as proclaimed and constituted under this Act as he may think desirable. The remuneration for such Enrolment Officers shall be as prescribed by the regulations.

(1) The enrolment of men shall be made in each district and
sub-district, at such time or times as may be appointed by
the Goveinor, by the Enrolment Officer therefor, before
whom the declaration as prescribed shall be made:
( 2 ) Each

$3" & 59" VICTORIW, No. 643.

The Defences Act.-1895.

(2) Each Enrolment Officer shall, by actual inquiry at each house in his district or sub-district, if necessary, or by any other means in his power, make and complete, from time to time, and at l times keep, a correct roll, in a form prescribed, of the names of all the men resident within his district or sub-district of such one or more of the classes hereinbefore defined liable to serve in the Forces as may be directed, specifying their ages and condition:	PART	I.
(3) Such roll shall be made out in duplicate, and one copy shall be forwarded without delay to the Commmdant:
(4) The roll shall be primd jacie evidence of the particulars contained in it, and the persons enrolled shall be liable to serve under the provisions of this Act unless exempted thereby

15. Each master and mistress of :my dwelling-house, whether a Homeholder to give

information to

licensed public-house, boarding-house, lodging-house, or private	Ofieer.
house, shall, upon the application of any Enrolment Officer, give
all such information as to names, ages, qualifications, and liability
to serve in the Forces of all persons residing OP lodging in such house as such enrolling officer may demand and such master or mistress shall be able t o give.

16. When the occasion arises, thc Governor may fix the number Governor to fix num-

ber of men to serve,

of men to be raised, and apportion the quotas to be furnished by

apportionpuotar

each district or sub-district.

for vanous districts.

Persons Voluntarily Enrollinq.
17. Any man who, without being balloted for, or who may not, Men who may
when balloted for, have been taken for service in the Forces, or who vO1untari'~
may have completed his full period of service therein, may volunteer
to serve, and the Commandant may thereupon accept his services

and enrol him in the Forces.

Declaration to be tu7cen.
18. Every officer on his being commissioned, and every man on Officers and men to

his being drawn by ballot, to serve in the Forces, or voluntarily ,,bscribe attestation,	make declaration and
enrolling, shall scvcrallg make the drclaration in the Third Schedule hereto, and shall subscribe such attestation paper as may be pre-
scribed, and shall thereupon become a member of the Forces.

I'erritorial Limit for $ervice.
19, All officers and soldiers shall be liable to serve in any part T e ~ i t o r i a l ~ i i ~.
of Australia or Tasmania; but not clsewhere.
20. The Governor may place the Forces, or m y portion or Power to p l m ~ o r ~ e.

portions thereof, for the purposes of drill, exerme, and training, or oflDerB rsithin terri-

under command of

when	torial limit.

6 58" & 59' VICTORIA, No. 643.
The Defences Act.-1895.

PART	I.	when called out for actual service, or as otherwise prescribed, under
the orders of the Commander of Her Majesty's Land Forces in this
province, or in any other place where the Forces, or portions thereof, may be required to serve, or under the orders of any other officer then in command of the Land Forces of any other of the Australian colonies or Tasmania.

Balloting.

Number to seme to	21.	(1) m e n e v e r the Governor shall fix the quotas of men in
bedetermined by

ballot.	m y district or sub-district, the number to serve, if not forthcoming by voluntary enrolment as herein directed, shall be determined
by ballot amongst those men enrolled in the district or sub-district
within which thc quotas have been fixed.
(2) When a ballot is taken the men taken or accepted and en- rolled fox service shall be attached to such corps as the Governor
may order.

Ballots shall be taken in the prescribed manner.

Men shdl be balloted

22. When a ballot is taken the men enrolled in the first class

for i* order of	and liable to serve shall be first balloted.
If the number of men required to be balloted is greater than the whole number of men in the first class, then the number required to make up the deficiency shall be balloted for from those in the second class.
If more men than the whole number in the first and second class are still required, then the number requisite to make up the deficiency shall be balloted for from the third class.

Provi~o

as to eons of

At no time shall more than one son belonging to the same family, residing in the same house: if more than one are inscribed in the roll, be drawn, unless the number of names so inscribed is otherwise

one family,

insufficient to complete the required proportion of service men.

Term of service.

23, Every man voluntady enrolling shall serve for a period of five years, two ycars in the Active Force, and three years in the Reserve Force, unless allowed to serve in the Active Force for a further period; and any man balloted to scrve shall serve in the Active Force until Proclamation by the Governor that the invasion or prospect thereof has ceased, and such Proclamation shall be issued SO soon as such invasion or prospect has ceased,

Enrolment of Servants.

Enrolment of servant	24, An enrolment of any servant as a soldier, by virtue of this
not to

with his master,

contract Act, shall not alter, vacate, or rescind any contract or engagement

unlase called out fos

between such servant and his master, unless such servant shall be

actual service.

called out as n soldier for actual service under the provisions of this

Act.

Drill,
58" & 59' VICTOKIW, No. 643.
The Defences Act.-1 895.
Drill, Exercise, m d Training.
Drill, exercise, and

The Goveruor may call out the Forces, either in whole or in

part, for the purpose of drill, exercise, and training, at such times

and places as he may think fit.

training.

The Governor may also call out the Forces required to serve in the case of actual invasion, or of the imminent prospect thereof, in any Military District or any sub-district thereof proclaimed under the provisions of this Act, either in whole or in part, for the purpose of drill, exercise, and training, at such time and places as he may think fit.

25.

26, Every soldier shall attend the number of drills prescribed,

Brill and inspection.

which shall not be less annuallv than twelve full davs of five hours

and upwards (in the aggregate), including (1) one inspection in each year, unless prevented by illness, absellce with leave, or some other reason to the satisfaction of the Commandant; (2) attendance at the annual encampment; and (3) musketry instruction.

Such drills shall be held at such time and place as may be directed by the commanding officer, subject to regulations; and every soldier shall, when required, parade for the inspection of the Commandant, or such officer as he may depute, subject to regulations, to carry out such inspection.

But the Active Force, except when called out for actual service, or as otherwise prescribed by this Act, shall not for the purposes last aforesaid be called out for a greater number of days of five hours and upwards, and of half-diys of from two houk to fivc hours, than shall in the aggregate, including inspections, attendance at annual encampment, and musketry instruction, amount to twenty- four full days in any onc year, in addition to those rcquircd for recruit drill or drill otherwise than during daylight: And the Reserve Force, except when called out for actual service or as otherwise pre- scribed by ihis Act, shall not for these purposcs be called out fbr a greater number of full days and half-days as aforesaid than shall in

encampment, and musketry instruction, amount to twelve full days

the aggregate, including inspections, attendance at the annual

in one year, in addition to those required otherwise than during day-

light.

Nothing in this Act contained shall prevent the Governor from calling out any officers of the said Forces as often as he shall think fit for the purpose of special drill or instruction,

Privileges of the Forces.

exempt from other military service, and from service as district Forces.

27, All officers and soldiers shall, while in the s%id Forces, be Privileges of the

constables and as juryn~en; and, further, the horses and carriages of such persons shall be exempt from impression for any military service under any Act of the Parliament of the said province. The Commandant will cause the Sheriff to be supplied with a nominal list of a11 officers and soldiers in the Forces.
28, No
58" & 59' VICTORIE, No. 643.
The Defences Act..-1895.

PART

28, No person who may be commissioned or enrolled as a

~roteoticmtopereona member of the Forces under the authority hereof shall, by reason enmuing, of such commission, enrolment, or re-enrolment, or of any duty,

liability, matter, or thing consequent thereupon, lose, forfeit, or be deprived of any right, claim, benefit, share, or interest to which he
may be, at the time of such commission, enrolment, or re-enrolment,
or to which, but for such commission, enrolment, or re-enrolment,
he would have been entitled.

Leave of abeence.

29. A soldier shall have the privilege, subject to regulations, of

obtaining six months' leave of absence from the colony under the
following provisions :-
(a) H e shall give notice in writing to his commanding officer of
his desire for such leave of absence, and shall deliver up
to his commanding officer, or to the person prescribed, his arms, accoutrements, equipment, and clothing, and after- wards obtain permission in writing from his commanding officer for such leave:
(6) Such absence shall not count towards his period of service.

Soldier desiring in	time of peace to leave 30, If, in the time of peace, any soldier desires to leave the said
the said provinoeper- province to reside permanently away therefrom, he shall give notice
leave. ma*en'L~ may obtain thereof in writing to his commanding officer, who shall forward the

same to the Conimandant.
The Commandant shall, upon such soldier delivering up to his commanding officer, or to the person prescribed, his arms, accoutre- ments, equipments, and clothing, grant him permission in writing to leave the said province.
If such soldier again returns to the said province, he shall, if

required, and under the age of forty-five years, complete his full

period of service if the same shall not have previously expired.

Oficers and Non-commissioned Oflcers.

A pointment of	31, The Governor may appoint to the Forces such permanently
o cers and non-	k'

oommiasioned oacerrr. emploved officers as he may deem necessary, and may also appoint to

every corps of the Forces such and so many officers, and honorary
officers, subject to regulations, as he deems necessary,
The Commandant, on behalf of the Governor, may appoint all

waxrant officers and superior non-commissioned officers, including

sergeants.

The commanding officer may, subject to regulations, appoint to
his corps all non-commissioned officers not included in the last pre-
ceding paragraph of this section.
The commissions or appointments of all such officers and non- commissioned officers are held at pleasure, and the proper authority may from time to time remove any officer or no~~ccommissioned offi- ceiand appoint another in his stiad.
32, Officers
58" & 59° VICTORIE, No. 643.
The Defences A et.- 1896.

32, Officers a,nd non-commissioned officers of the Forces shall

PAET

have relative rank and take precedence among themselves in their ha

andpraosdaoce

re:spective Forces accoiding to the rules which obtain in that behalf of officers and non-

commissioned officers.

in the Regular T~.oops

of Her Majesty, and officers of these Forces

permanently cmploycd shall rank as ser~iors	of their respective ranks
with officers not so employed.

Transfer nnd Resignation.
33. Upon the application of any member of the Forces, through Transfer.

his commanding officer, the Commandant may, if he thinks fit, transfer such member from any one corps to any other corps of any one part of the said Forces.

Under special circumstances the Commandant is empowered to transfer individual members of less than two years' service irt per- manent employment or in the Active Force to the Reserve Force, at the wish of such individual member, expressed through their com- manding officer.

The Governor may also, by Proclamation, transfer any number of individual members of the corps of thc Active Force to the Iteserve Force,

34. No person shall be enrolled as a member of the Forces and Soldiera W ~ O

attached to the Reserve Force unless he shall have served for a F::'~:	theReaerve
period of at least two years in t,he Forces under the said repealed
Acts, nor unless the Commandant considers that such person is a fit
and proper person to be so attached to the Reserve Force.

35, For good and sufficient reason shown, the Commandant may, ~,,s,,t;,~.

on behalf of the Governor, accept, if he thinks fit, at any time, the

resignation of any soldier.

Disc9tine and Regulations.

36. Everv officer and soldier who shall have made and sub- Forces to be aubject

scribed the declaration as directed under this Act shall be bound to

Act.

thereby, during his term of service, and during such term and until discharged or dismissed shall be subject to thc provisions of the Army Act in force for the time being in Her Majeaty's Army, as if he had been duly enlisted and attested for Her Majesty's Army for general service, and as if the Force formed part of Her Majesty's Army, and shall in like manner during the same time be subject to the Queen's Rules and Regulations, the Rules and Articles of War, and to such other rules, regulations, and discipline, of whatever nature or kind, to which Her Majesty's Army is for the time being subject, so far as the same are not in- consistent with this Act and any rules and regulations made there- under; and every officer of the Force shall be subject to the like provisions, rules, regulations, articles, and discipline, so far as the same shall be applicable to his rank.

B-643

37. Every

f 0

58"

59" VICTORIW, No. 643.

---

The Defewces Act.-1895.

. -

PART

37. Every member of the Force who may br: convicted of felony

summary disobarss

for felony, &c.

shall be summarily discharged, and the Commandant Inay summarily discharge any soldier who from his improper conduct shall, in the opinion of the Commandant, be unfit to continue in the Force; and every member discharged pursuant to this section shall forfeit all arrears of pay and benefits for past services.

Governor may make

38, The Governor may from time to time make, alter, or revoke

regulations,	regulatior~s not inconsistent with this Act, for carrying into effect and for enforcing the provisions thereof, and for the enrolment, promotion, employment, training, discipline, and better government of the Forces, or of any portion or individual thereof, and for the punishment, dismissal, or discharge or disbandment of the same, or of any portion or individual thereof.
Slich regulat'ions shall be published in the Government Gazette, and afterwards shall be judiciallv noticed and have the force of law, and a copy of the ~or:wnnent Gazette purporting to contain
a copy of any such regulations shall be coilclusive evidence thereof:
Provided that all such regulations shall be laid before both Houses of Parliarnetit within fourteen days of' the making thereof, if' Par- liament be then sitting, and if Parliament be not sitting, then within fourteen days after the commencement of the next sitting of Parliament, and no regulation shall be gazetted until laid before both Houses of Parliament for at least thirty days.
Such regulations shall be in force at all times, whether the said Forces shall be on parade, under arms, or otherwise.
Enforcement of

regulations.

39. Any such regulations may provide for the cnforcernent

thereof by the Commandant, by forfeiture of pay not exceeding thirty days, or by confinement in barracks not exceeding thirty days in the case of permanently employed soldiers.

ExistingreguIationar to

40. Until the Govcrnor shall make and publish regulations

~emain

in force until

new regulations made under the powers herein contained, all rules and regulations made,

under this Act.

and which are in force at the time of the passing of this L 4 ~ t,

under

the provisions of any of the repealed ~ c t s with respect to any of the Forces thereby authorised, shall (except as far as they are inconsistent with this Act) be and continue in force, and shall apply to the corresponding or similar Force under this Act, and shall have the same force and effect, and may, exccpt as aforesaid, be enforced in all respects as if the same had been duly made and published under this Act.

~ounteti

members

4.1. Every member of the Forces who shall belong to any

Oun mounted corps shall provide a suitable horse, to the satisfaction

horses.

pmvide

of the comrnal~ding	officer of the corps and of the Commandant.
Pay, Allowances, and Prizes.

Pap.	42. The Governor may fix the scale of pay and allowances to be received by all persons serving permanently in the Forces; but such pay and allowances shall not exceed the sums appropriated by Parliament for the service. 43. The

58' & 59" VICTORlB, No. 645
The Defences Act.-1895.

43. The rates of pay and allowances of the several officers

PART I.

and soldiers of the severs1 corps of the Active and Reserve Forces &tea

pay and

shall, except when called out for actual service, or for other purposes,

+ A

by ~roclamation

as herein directed, be subject to regulations, not less

than the rates in the Fifth Schedule hereto.
The Governor may, however, prescribe such reduction of such rates as he may think desirable with respect to soldiers who neglect
to carry out any portion of the drills or training prescribed for the
several corps.
The Governor may also prescribe thc times and method of the payment of any rates of pay and allowances, and may prescribe what sum may he retained and reserved out of the pay or allowances, to be payable.to any soldicr only in the cvent of his cornplcting his full service, or at such other tirne or in such other event as may be prescribed.
Any fines which may have been imposed on any soldier, and which shall remain unpaid, shall be deducted from such surn.

44. No member of either House of Parliament shall receive any Members of Pnrlia-

ment to receive no

payment or allowance i n respect of his personal services as an officer Pay

Forces

in Parliament after his enrolment as a soldier, or appointment as an ment.	or soldier, unless such member shall have been elected to his seat elected after enrol-
officer.

45.

There shall be set, apart every year out of

the general revenue

of the province a sum to be fixed hy Parliament for prizes for the encouragement of efficiency in the rifle or other regul a t' lon arm supplied to the members of the Forces, and this sum shall be distributed in prizes as prescribed.

actual service, or as otherwise prescribed in this Act, shall, for the called out.

46, Officers and soldiers when called out by Proclamation for Remuneration when

day on which they assemble pursuant to such call, and until their	services are no longer required, be entitled to the remuneration per
day in thcir several ranks as laid down in thc Sixth Schedule to
this Act; and also shall be provided with accommodation in quarters or camp, and shall further receive daily rations and camp or field allowances, as may be prescribed.

Cl~thin~g,

Arms, and Accoutremerits,

Forces shall be as prescribed, and shall be furnished to each soldier accoutrements.

47, The clothing, arms, and accoutrements or equipment of the Clothing, arm#, and

by and at the cost of the Government, and such arms, accoutrements,
and equipment shall be and remain the property of the Government.
Such arms, accoutrements, and equipment as may be issued to
the said Forces shall be produced, exhibited, and given up by the
person to whom the same may be issued to any person authorised by
the Government to inspect or receive the same.
Any
12 58" & 5g0 VICTORIA, No. 643.
The Defmces Act.-1895.

PART

Any clothing so issued shall be and remain the property of the Government during such period as prescribed, at the expiration of which period i t shall become the property of the person to whom it shall have been. issued.

Jlediclr l and

V e t e r i n a y Dep~trtm.en

CS.

Medical department.

M, There shall be a medical department of the Forces, and all

medical officers commissioned as such in the Forces shall belong to this department, and, subject to reg~~katioirs, shall be under the orders of the principal medical officer.

Veterinary depart-

49, There shall be a veterinary department of' the Forces, and

ment.

all veterinary surgeon officers commissioned m such in the Forces

*shall belong to this department, and, subject to regulations, shall be

under the orders of the principal veterinary officer.

Civil Afairs.

Civil affair8 of corps	50. The management of the civil affairs of every corps of the
"

Iationa.

Forces shall be subject to regulations.

Licences of Land fbr Rifle m d Artilby .Ranges and Drill.

Licences may be

51. For the purposes of rifle or artillery practice, or for drill, a

lands for licence to use any lands her~inafter mentioned may, with the con-

granted for use of

artilleryrangesand sent of the Governor, be granted to any corps of the Forces as

drill.

follow S :-

(l) In the casc of Crown lands, by the Commissioner of Croari
Lands for the time being:
(2) I n the case of lands vested in or under the care, control, or management of any Municipal Corporation or Ilistrict Council, by such Corporation or District Council:

Provided-

(1) No licence shall be granted for a longer period than seven years, but any licence, when granted, inay be renewed by the same authority that has power to grant the same:
(2) In the event of any land to which such licencc relates ceasing
to be used for the purposes of this Act, the licence shall
thereupon absolutely cease.

Provieion for oaener

52. Any land in respect of which a licence shall. have been

of licence.

granted under this Act shall be deemcd to have ceased to he used for the purposes of this Act when them has not been ally such use

by the* corps to or for which the licence was granted f i r a period of one year, and a certificate of the fact of such non-user has been given by the Commandant, and such certificate shall be conclusive evidence of such fact as a6ainst all persons and in all courts of justice.
53. The

58" & 59' VICTORIA?, No. 643.

The Defences Act.-1 895.

53. The Governor may, by regulations, direct to be stopped at such times and for such periods as may be necessary during such aov,,mmBym~e

-.-

.... P a r

rifle or artillery practice or drill the tmffic on such roads or ~

;

footpaths a's he may deem necessary, and may make regulations for aafetp of the public

conducting such practice and registering thc result S thereof, and for ~ - $ ! ~ ~ ~ $ $.

preventing any prsons other than those engaged in such practice

or drill from going on the lands for which such licences may be granted, or in thc vicinity thcrcof, a i d for the safety of the public, and m i y impose penalties f o ~ - any breach of any of such regnl:~tions,

and for any wilful damage to any butts, targets, or appliances 0x1 any

such lands.

Protection of Mirt imj Cln

ims.

54. The claims, rights, and interests of miners, and of all persons Miners' rights pro-

holding miners' rights and mincral licences, shall be protcctcd, and

tected during absence

not liable to forfeiture during the absence of such miners or persoris

on military duty.

Calling out the Forces by Proclnmation ,for Actual Service.
55. The Governor may, by Procla,mation, call out the Forces, Forces may be called

or any portion or portions thereof, fo r actual service in case	out for actual service,
of invasion or attack on the province or its depcndencics, or of rebellion or insurrection therein, or of dnnger of such invasion, attack, rebellion, or insurrection.
Any such Proclamation being published, every member of the corps called out shall assemble in obedience thereto, at such time and place as inay be directed by tlrc Commandant, with any arms, equipment, accoutrements, and anmunition in his possession, and

with such provisions as his com~nanding

officcr may direct.

No member of the Forccs so ca511cd out shall be subject to any corporal punishment, save death or imprisonment, for any contra- vention of the Army Act, laws, or regulations above mentioned.

The regulations may prescribe that any portion of the above-

mentioned Army Act, or of the laws or regulations, shall not apply

to the Forces, or portion of the Forces, so called out.

56. The Commandant may, on behalf of the Gav~rnor,	detail	T r a n @ f e r ~ f c o ~ p o r -
tions of corps, or

the members of the Reserve Fo~cr, when called out for actual ,.,b,.~r,,~,

service by P~-oclamation of the Governor as aforesaid, to any when	Out.
corps of the Active Force to be attachod thereto, and to form part of such corps, for the period during which such rnernbcrs of the Reserve Force are called out, or for any part of that pcriod, to complete or augment the strength of such corps aforesaid: or
He may, subject to regulations, form the members of the Reserve Forcc so called out into such corps as may be desirable.
'l'he Commandant may, subject to regulations, further transfer any member of the Forces when cnllcd out, or any corps or part of a corps of such Forces, from any one corps to any other corps of the same.

44 58' & 59' VICTORIJE, NO. 643.
The Dt$ences Act.-1 896.

PAST r.

67. If any member of the Forces shall refuse or neglect to obey

Penalties for rehaing any call for actual service made by the Governor by Proclamation

the call for aotual	pursuant to this Act, not being prevented by infirmity disabling him
mervice.	from active service, or by absence from the province, the proof whereof shall lie on him, he shall be linble to be proceeded against under the Army Act as a deserter, and, if convicted, shd l be punished accordingly.

Men Killed or Injured on Actual Service.

of men killed on	~~vis ionforfamil iea 58. When any officer ox soldier is killed, incapacitated, or
aotual servioe. seriously injured in the performance of any military duty, or dies from wounds contracted in such duty, provision shall be made for his wife and family out of the public funds or for compensating him for the injury.

Billetillg and Conveyancz of Forces.
Regulatiom for

billeting and convey-

69, The Governor may makc regulations for the billeting and cantoning of the Forces bhen called out for actual service. or for drill exe&ise or training, for the furnishing of railway cars, ehgines, carriages, carts, wagons, horses, oxen, boats, and other conveyances for their transport aucl use, and for adequate compensation therefor, and may by such regulations impose fincs not exceeding Five Pounds for breach thereof, and imprisonment in case of default of payment of such fines.

ance of ~ O ~ O W.

PMMLIQ

for refusing

$0, Any person lawfully rcquircd under this Act, or by the re-

oanve;~ance.

gulations, to furnish any railway car, engine, carriage, cart, wagon, horse, ox, boat, or other conveyance, for the conveyance or use of the Forces, who neglects or refuses to furnish the samk, shall be liable to a penalty not exceeding One Hundred Pounds for each such offence.

Courts Martial.

Procedure of courtr-

61, The Governor, either by general or special arrant under his

martial.

hand, inay delegate to the C,'om~~lanctant

power tn convene courts-

martial, and to confirm the scntcnces thereof; and the composition

of courts-martial and the modes of procedure and the powers and

privileges thereof shall be, so far as applicable to this Act and any regulations thereunder, those which may at the time being be in forcc with respect to courts-rrlaatial in t l r r Majesty's h g u l a r Army, and the p:~y and allowances of officers and dthers attending such courts may be fixed by regulations to be made by the Go- vernor, and officers of the staff may, if required, serve upon courts- martial.

Prooeeiiings to be

62. When thc proceedings of any court-martial other than a

regimental court-martial have been duly confirmed and the sentence

General.

lith

promulgated, the proceedings are to be returned to thc president, who shall transmit the same to the Attorney-General for record in his office; and any officer or soldier who has been tried by any such court- martial, or any person in his behalf, shnll be entitled, on demand, to be made within the space of six months from the date of the final decision on the proceedings, to a copy of such proceedings,
whether

58" & 59" VICTORILE, No. 643.

The Dffences Act.-1895.

PART

I-

whether such sentence shall bc approved or not, so soon after the

receipt

the proceedings at the office of

the Attorney-General

as ~ o p y, h o ~ o b t a i n e b

such copy can be conveniently supplied.
63. All constables and peace officers are hereby directed and Apprehension of
required to take cognizance of any written order purporting to be desertem.
under the hand of a Commanding Officer under this Act, authoris-
ing the apprehension of any deserter or absconder from the Forces,
and his conveyance to any place named in such order, and to aid
and assist in the execution of such order, and to lodge any such
desyrter or absconder in some place of security until such order can
be executed; and every gaoler or keeper of a $son or gaol is hereby
directed and required to receive into his castody any offender under
sentence of imprisonment by n court-martial or by the Commandant,
upon delivery to him of a warrant of comrriitment in the form set
forth in the Army Act under the hand and seal of the president of
the court or the Conmaidant: And such gaoler or keeper shall
keep such offender in a proper place of confinement, with or without
hard labor, and with or without solitary confinement, according to the sentence of the court and for the time specified in the said order, and shall also in like manner receive into his custody and keep any absconder or deserter ulron ~ w c i p t of an order in writing to that
effect under the hand of a Commanding Officer.

64, No proceedings of any court constituted or appointed under NO

certiorari.

this A c t shdl be set aside or deemed void for want of form only, or
be removed into the Supremo Court.
Boards of Inquiry.

65. The Commandant, and such of

the commanding officers of

b a t i o n of ~ 0 8 ~ d s

the Forces as may be empowered so to do by regulations, may	I n q u i ~.
summon, in manner hereinafter contained, any commissioned officer of the Forces to form a Board, which shall consist of not less than three members of the Forces, of whom the senior officer present shall
be the president tllereof, to examine into the truth of any charges or	complaint preferred against any officer or soldier, or into any other
matter in connection with the Forces which may be laid before them.

The form of summons shall bc as follows :-
I, A.B. [rank o f oficer convening Board), do hereby summon you,

in terms of section

The Defences Act, 1895,"

to attend at

, on the

day

, 18,

at the hour of

in the

noon, to examine into the truth of certain charges (or com- plaints) to be preferred against (or to examine into) [state here the other matters zn connection with the Forces
which may be laid before them].

of	the [rank].

llated the

day of

3 18

( S(qnature.1

58' & 59' VICTORIA?, No. 643.

The Defences Act.-1895.

PART

6%.

If any member of the Forces, summoned as aforesaid, shall refirse or neglect to attend at s~ich time and place as may be named in such su&nons for the mceting of the doard, he sball render

-
Penalty on member

refldngtaattend

Roard of Inquiry.

himself liable to have his conimission cancelled, subject: however,
as follows :-
( a ) Every member of the Board appointed uilder this Act to inquire into the conduct of all officer of the Forces shall be of equal or superior rank to the officer whose conduct is so to be inquired into, and one member at least shall be of such superior rank:
( b ) Every summons shall be delivered personally to the member

summoned, at lcast twenty-fbur hours before the time

appointed for the meeting of the Board:

(c) No member may be sumrnoncd to attend as a member of any Board when the place of meeting is distant more thau twenty miles from his usual place of residence, unless under special circumstances, to be indorsed by the Comc m a d a n t on the said sunimons.

Powern of Boards of

(37, (a ) All Boards as hereinbefore constituted shall have power and authority, and are hereby requirctl, to administer an oath to or take a declaration by every witness or other person who shall be examined before such ISoard in any matter idating to any proceeding before the same:

Inquiry.

( b ) Every witness who mav be required to give or produce evidence before such Board shall bc summoned by the convener thereof, a i d all witnesses or other persons so duly summoned who shall not attend such Board, or attending shall refuse to be sworn, or to make a declaratiou, or shall not produce the documents, being undcr their power arid control, required to be produced by them, or being sworn, or making a declaration, shall refilse to give evidence or to answer all such questions as the Board may legally demand

of them, shall be liable to the same pains and penalties as if such

witness or other person had, after being duly summoned or sub-

pacnaed, refused to attend on a trial, or to be sworn or to give evidence in any proceedings before a Special Magistrate or any two Justices of the Peace, under the Local Courts Act, 1886," or any Act or Acts amending or in substitution therefor, and such Board shall have the same power in respect thereto as such Special Magistrate or such two Justices:

( c ) Any person who shall give false evidence, or take a false oath, or make a false declaration, and be thereof duly convicted, shall be deemed guilty of wilfill and corrupt perjury, and shall be liable to such pains and penalties as persons convicted of wilful and corrupt perjury are or may be subject or liable to.

Ch~rgea

againpt oom-

68,

I n ally case where charges or complaints are preferred against any commissioned officer of

misaioned otRoem,	the Forces, such commissioned
how dealt with.

officer may be placed under arrest by the senior officer present,
report

58" & 59' VICTORIW, No. 643.	17
-

The Defences Act.-1895.

report of the same being at once made to the Commandant, and	Paar r.
such charges or complaints shall, if not adjudicated by the Com- mandant be heard, if necessary, before a Board convened and con- stituted as hereinbefore provided; but the duties of such Board shall be confined to taking evidence upon oath or declaration and reporting upon such evidence.
The report and evidence of such Board on any charge, complaint, or any otlm matter which they may be summoned to consider, shall forthwith be forwarded by the president of the Board to the Com- xnandant, who shall submit the same, with his recommendation, for the decision of the Governor.

69. X11 members, other than those specified in sub-section 1, Remunerating

section 7, composing a Board as hereinbefore constituted, shall be Boards,	members composing
entitled to such remuneration as imy be prescribed aocos~ng to thcir rank for each dw. or part of day, during which they shall respectively sit as members of such Board; and all witnesses duly summoned by the president of a Board shall be entitled to the same fees and privileges as if such witnesses had been duly summoned or subpaenaed to attend on a trial in any proceedings before any of the Local Courts of the said province.
Legal Proceedin,9s7 except when Forces called out for Actual Service.

70. Every proceeding under this Act in respect of offences against Recover~of

pemltiaa.

thin Act, exccpt such as are made misdemeanow, or against any regulation to bc made thereunder, except offences by soldiers when called out for actual service, may be had and taken before, and be hcard and determined in a summary way by, any Special Magistrate or two Justices of the Yeace uildcr the provisions of Ordinance No. 6 of 1850, L' '1'0 facilitate the performance of the duties of Justices of the Pcace out of Sessions with respect to summary con- victions and orders," or of any Act now in force or hereafter to be
in force relating to the duties of Justices of the Peace with respect

may be enforced as in thc said Ordinance, or in any other Act as	to sunlrnary convictions arid orders. All convictions and orders made bp such Magistrate or Justices
aforesaid7 is or sllnll be prcvided.

71. 'I'llere shall be an appeal to the T.ocal Court of Adelaide of Appeal.
Full Jurisdiction, or, at the option of the appellant, at the nearest Local (Jonrt of Full. Jurisdiction, from every conviction by any Special Magistrate or Justices for uuy offence against this Act, and from every order clislrliesillg any information or complaint, or from any other order made by such Magistrate or Justices under this Act.
The proceedings in such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, or any Act now or to be hereafter in force regulating or affecting suctr appeals, and the Local Court aforesaid shall also have power to make such order as to the payrnen t of the costs of the appeal as it shall think fit, although such costs inay exceed Ten

Pounds.

7.2, The

l 8

$8" & 59'

VICTORIE, No. 643+

Ttie Defeences Act. -1

8%.

PART

POLICE.

&ee.	72, The Governor may cause to be enrolled for military service all such members of the Police Force as shall be willing to under-
take military service in time of need, and who shall take and
subscribe the declaration in the form contained in the Fourth Schedule, in like manner as is herein provided concerning the declaration in the Third Schedule.

73,

Every man so enrolled in the Policc shall continue a member thereof until he shall attain the age of forty-five years, or be dis- charged or dismissed; and all men so enrolled shall be subject to
the following provisions: -
I. They shall be drilled, for the purpose of enabling them to take part in military evolutions and movements:
11. In time of peace, whenever summoned by the Governor by
Proclamation in the Gocernment Gaxett~? but not oftener than four times in every year, they shall serve in connec- tion with the Forces, as may be required:
111. Whenever the Forces shall be called out pursuant to section
55, they, the Police so enrolled, shall assemble for military
service, and every member of the Police so enrolled shall
be subject to all the liabilities and privileges mentioned in
sections 55, 56, 57, and 58, as if he was a member of the
Forces.

Drill and officers.

74, The Police so enrolled shall be drilled b y or under officers of the Police Force, and, when serving in time of pence in mnnec- tion with the Forces, shall merely act as a Police Force, assisting in the manoeuvres, and shall at all times be comtnanded by the officers of the Police Force, who shall enrol as aforesaid, and who shall be under the command of the commanding officer of Ihe Force when military police shall be brigaded with the Forces.

Pay.

75, The pay of cvery member of the Police so enrolled shall, when on actual service, be On& Shilling per day, in addition to his pay as a member of the Police Force, and to be paid in like manner as such last-mentioned pay; and no member of the Police Force shall be liable to any stoppage of or deduction from his pay on account of absence caused by his duties as n member of the Police so enrolled,

Extra allowances.

76, Every member of the Police so enrolled shall, in addition, be

entitled to such extra pay and allowance as the Governor may think necessarv to make, not exceeding the sums appropriated by Parlia- ment fo; the service.
Ofences and Penalties.

Men	drafting mfusing

to be sworn, &c.

77. Any man balloted for service in the Forces who refuses

or neglects to makc thr declaration, when tendered to him by

the

5%" & 59' VICTORIA?, No. 643.

the Enrolment Officer hereby authorised to take the same, shall	PART I. -
be guilty of a rnisdemeanor, and shall be liable to imprisonment, with or without hard labor, for a period not exceeding twelve months, and fhr erery subsquenc lrpglect or refusal t o make such declarntion shall be guilty of s misdcmeanor. am1 shall be liable to a further irnprisonmcnt, with or without hard labor, not exceeding two years.

78. (1 ) Any person of whom information is required by any ~efus ingrequire~

Enrolment Oflicer, in order to enable him to comply with the pro-	information, or giving
visions of this Act. who refuses to give such information, or knowingly givos false infonn&ion, shall be l&ble to a penalty not exceeding F;& Founds for each item of' information dcmsnded of him and falsely stated, and the like sum for each individual name that is refused, cbncealed, or falsely stated; and every person who refuses to give
his own name or proper information when applied to as aforesaid,
or g i v ~ s a false name or information, sliall be liable to n pwalty not exceeding Five Pounds.

(2) Any person appointed in that h&&

who refuses or neglects Refusing to make

to make any enrolment or ballot, or to make or transmit, in the en'"mentorbal'ot*
prescribed manner, any prescribed roll, or return, or copy thereof,
shall be liable to a penalty not exceeding Fifty Pounds for each
offence.

79.

Any officer or soldier, or any persol1 ~vl~on~soever,

who falsely Personating on

personates another at any parade, dr on any other arcasion, for any prade-
of the purposes required by this Act, shall be guilty of a misde-
meanor, and to be imprisoned, with or without hard labor, for a
period not exceeding six calendar months.

80. (1) Any person who-

ReGsting drnft, &c.

(1) Resists any balloting or calling out of men enrolled under

this Act; or

(2) Counsels or aids any person to resist any such balloting or
calling out, or the performance of any service in relation
thereto; or
(3) Counsels any man balloted or enlisted not to appear at the
place of reildezvous; or
(4) Wilfully dissuades any man balloted or enlisted from the performance of any duty required by law of members of the Force; or
(5) Does any act to his detriment in consequence of his having
performed any such duty;
shall be liable, on summary conviction, to a penalty not exceeding
Twenty Pounds, with or without imprisonment, for any period not
exceeding six months.

58" & 59' VICTORIW, No. 643.

-p

The Dejbtces Act.--1 995.

p.p----

PART I.

(2) Any person who-

Offences connected

with desertion.

(1) Procures or persuades any officer or soldier who has been

enrolled to serve in any corps to desert; or
(2) Attempts to procure or persuade any such officer or soldier
to desert; or
(3) Knowing that any such officer or soldier is about to desert,
aids or assists him in deserting; or
(4) Knowing any such officer or soldier to be a deserter, con- ceals such officer or soldier, or aids or assists him in concealing himself, or aids or assists in his rescue;
shall be guilty of A, misdemeanor, and shall be liable to be im- prisoned, with or without hard labor, for any period not exceeding six months.

Offences by persons	81,	It shall not be lawful for any person not serving in Her
not belonging to

Forces.

Majesty's Naval or Military Forces, or in the t'orccs nuthoriscd by this Act, to wear, without the Governor's permission, the uriiform, or any part thereof, of any of those Forces: Provided that this enactment shall not prevent-

(a) A member of R. band from wearing at or for the purpose of a public performance by thc band, at any timc within six years after the passing of this Act, any dress which at the passing of this Act is the recognised uniforrn of the band, unless the dress is an exact imit,ation of the uniform of
m y of Her Majesty's Military Forces, or Her Majesty's
Naval Forces, or the Forces; or
( 6 ) Any persons from wearing any uniform or dress in the course
of n stage play perforriled in a place duly licensed or
authorised for the public performance of stage plays, or in the course of' a music-hall or circus performance, or of a ball, or in the course of any bond fide military representa- tion.

Any person who shall--

( a ) Falsely represent himself to bc a mcrnbor of those Farces; or
(6) Not being a member shall wear the uniform, or any part of the uniform, of any of those said Forces;

Funi~lunsnt.

shall, for every such offence, be liable on summary conviction to a

penalty not exceeding Ten Pounds, with or without imprisonment

for any term not exceeding one month, with or without hard labor.

Penalt~forbringing 82. If any person not serving in Her Majesty's Naval or
aontempt on uniform. Military Forces or the Forces authorised by this Act wears without
the Governor's permission the uniform of any of those Forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such a manner or
under such circumstances as to be likely to bring contempt upon
that
58' & 59" VICTORIE, No. 643.

The Defences Act.-

1 895.

that uniform, or employs any other person so to wear that uniform or dress, he is liable to a fine not exceeding Twenty Pounds, or to imprisonment for a term not exceeding sixmonths, with or without hard la'oor.

83, Any person, whether a member of the Forces or otherwise,

belonging to Forcerr

Offencos. by

pernons

who shall-

or otherwise.

(a) Knowingly buy, sell, or take in exchange, conceal, or, without satisfactorily accounting for the same, receive or have in hia possession any arms, accoutrements, equipments, ammu- nition, or other articles, the property of Her Majesty 'S Colonial Government of the said province, or of Her Majesty's Imperial Forces, delivered for the use of any corps, or solicit or entice any person to buy, sell, take in exchange, or conceal the same; or
jb) Make default in delivering up the arms, accoutrements, equip-
ment~, or ammunition, or any other articles in his posses- sion, the property of I - e r Majesty's Colonial Government of the said province, as required and directed by this Act;
shall, for every such offence, be liable on summary conviction to a penalty not exceeding Twenty Pounds, with or without imprison- ment for any term not exceeding six months, with or without hard labor.

84, Offences of members of the Forces (except in the case of	Offencea and pu&h-
ment to be b e d by

offences, punishments, and penalties provided by this Act with	regulations.
respect to members of the Forces when called out by Proclamation for actual service, or otherwise provided by this Act) shall be defined, and the punishment thereof, by fine or imprisonment, shall be fixed by regulations, but so that no such fine shall exceed Twenty Pounds, and no period of imprisonment shall exceed more than forty-two days.

85, Any commissioned officer for thc time being in command of any body of men of the Forces may summarily order any member	ment or fine by offlcer Summary imprison-
in command of a bodr
of such body to be imprisoned in any guardhouse to be appointed	of soldiers.
for such purpose by the Governor for any period not exceeding one day; and such officer may order any person committing a breach of the general rules and regulations hereinbefore mentioned to be arrested and kept in custody until he shall be brought before a Special Magistrate or two Justices to answer for such breach, which
shall be within three days from the day of arrest.

Protection to Oficers.

863, All actions and prosecutions to be commenced against any

Protection to ofXtcers.

person for anything done in pursuance of this Act, shall be com-
menced within three cnlendar months after the act was committed.
Notice in writing of such action, and the cause thereof, shall be
aiven to the defendant one calendar month at least before the corn-
&"encement of the action. The

58' & 59" VICTORILE, No. 643.

-________L_---

l'he Defences Act.--11395.

PART I.

The defendant in any such action may plead the general issue,

and give the Act and the special matter in evidence at any trial.
The plaintiff shall not recover in such action if tender of sufficient amends shall be made before action brought, or if, after action brought, the defendant shall pay into Court sufficient amends; but in such last-named case the plaintiff shall recover his costs of suit up to the time of payment into Court.
If a verdict shall pass for the defendant, or the plaintiff become nonsuit or discontinue, the defendant shall recover full costs as between solicitor and client, and have his remedy for the same in
the usual way.

PART

11,

PART

11.

DEFENCX RIFLE CLUBS.
FomtiOnOf

Rifle Clubs.

87, Defence Rifle Clubs may be formed under this Act.

The members of such Defence Rifle Clubs shall be governed by the rules for Defence Rifle Clubs, to be from time to time made, altered, or revoked by the Governor, and published from time to time in the Government Gazette.

Members of club.

Before such a club can be formed the names of not less than thirty men over eighteen years of age, and who are prepared to be active members of the club, including the names of a president of the club, and of a committee of at least two members, must be forwarded to the Governor through the Commandant, in the prescribed form.

Farmation to be	88. If	the formation thereof is approved, notice of such forma-
notified in Gasbtto.

tion shall be published in the Government Gazette, and after such publication thk Defence Rifle Club shall be deemed to have been duly formed, and the members thereof shall be subject to the rules

for such clubs.

Members may be

enrolled in forces.

89. The Governor may, by Proclamation, cause any members of

Defence Rifle Clubs to be enrolled in the Forces if required.

Membem provided	Q().	Members of Defence Rifle Clubs shall be provided by the
with rifles and ammu-

nition.

Government with rifles and ammunition and uniform, on such

terms and conditions as may be prescribed by regulations.

Continuance of

existing clubs,

$1, Rifle Clubs formed under the said repealed Acts may con-

tinue to exist as such until otherwise prescribed by regulations.
PART
58" & 59' VICTORIAZ, No. 643.
The Defences Act.-1895.
PART 111.
NATIONAL RIFLE ASSOCIATION.

92. The South Australian National Rifle Association (herein- Corn oaitionof the

son& A u & d h

after called

The Association "), formed under the

Defence National we

Forces Act, 1886," shall be composed of-

ciation.

(a ) Individual members of the Naval Forces, the Naval Reserve
Forces, and the Forccs, and the Defence Rifle Clubs
authorised by this Act, joining the Association under the
rules thereof:
( h ) Individual riflemen joining the Association under the rules
thereof, and being British subjects bv birth or naturaliza- tion, who shall at the time of their application to become members be residing, and who shall, for the period of six calendar months at least immediately preceding such application, have resided in the said province.

93, The Association shall, subject to the rules and regulations C O W C ~ ~

and manage-

at present existing, or to be hereafter made under this Act, be ment thereof.
managed and governed by a Council.
Members of the Council shall consist of the following persons :-

( U ) The Commandant for the time being of

the Forces, the Corn-

mandant for the time being of the South Australian Naval Forces, the Chief Staff Officer for the time being, and the senior Executive Oficcr of the Mounted Rifles, Artillery,

and Infantry Corps authorised by this Act, who shall be
m o$icio members-of the Council:
( b ) Twclve members, to bc clected anuually (two of whom at least
shall be members of the Naval Forces) by the vote of the majority of the members of the Association present in

person at the annual general meeting of the Association,

held under the rules of'the Association.

Any casual vacancy occurring in the ('ouncil at any time during any casual vacancy in
year shall, until the next annual election of the members of the COUnDil.
Council, be supplied in the manner prescribed by thc rules thereof.
94. The Council shall decide upon all questions in the manner HOW quentions to be

prcscribcd by the rules.

decided by Council.

The Cornrnandant of the Forces authorised by this Act shall be
the President of the Council.
The Council may elect an executive committee, as well as a
secretary and treasurer, out of its own body.
PART
" & 59' VICTORIE, No. 643.

PABT IV.

PART IV.

MISCELLANEOUS.

Prop&*& of

Corps.

Vesting property of

96.

Where any money or other real or personal property whatso- ever of any corps of the Forces, or of any Defence Rifle Club, or
co S and association

an clubs.	P	of the South Australian National Rifle Association formed under this Act, is not vested in trustees, the same, or such part as shall not be so vested, shall be deemed to be vested in the commanding officer for the time being of such corps, or president of such Defence Rifle Clubs respectively, or the council of the Association, and his
and their successors in office, for all purposes of any proceeding,
criminal or civil, at law or in equity, and shall for such purposes be deemed to be his or its property, and. may be so laid in any such proceedings.
No such proceedings shall be discontinued by the death, resigna- tion, or removal of a, commanding officer, captain, or council, but may be proceeded in by the succeeding commanding officer, presi- dent, or council.

P m p e * ~ ~ ~

dbbmdea

corps, asaooiation, or

Q$, Any money or other real or personal property whatsoever

Defence ~a~

club,

which, at the time of the disbandment of any corps of thc Forces to

how disposed Of.	be hereafter disbanded, or which at the time of the dissolution of
the said National Rifle Association, or of any Defence Rifle Club, ar was subject to any trust f ix the benefit of the corps, Association, or Defence Rifle Club respectively, shall bc disposed of by the person or persons, or council, or president in whom the same is vested, or shall be deemed to be vested, as may be determined in manner hereinafter mentioned :-

(i) A meeting of the persons who were members of the disbanded corps or Defence Rifle Club at the time of the disbandment

or dissolution thereof shall be summoned by the last com-

manding officer of the corps, or president of the club, or, in the event of his death or absence from the province, by the officer commanding the district to which such corps bc- longed, or in which such Defence Rifle Club is principally situated, by advertisement in some paper circulating in such district, such advertisement giving not less than fourteen days' notice of the meeting, and stating the purposes thkreof:

(2) At such meeting a majority of such of the persons present who were members of the disbanded corps, or of the dis- solved Defeuce Rifle Club at the time of the disbandment or dissolution thereof, and entitled to vote at its mceting, shall decide in what manner and for what purposes, public or private, the said ruoney or property shall be disposed of:

58" & 5 9 O VICTORIK, No. 643n

l'lle Bt$ences Act.-1893.

(3) I n the event of

the dissolution of the Association, the council --

PART N.

for the time being at the time of such dissolution shall
decide in what manner and for what purpose, public or
private, the said money or property shall be disposed of,
Safety of Defences.

97. I t shall not be lawful for any pcrson to make any sketch, Sketching, &C., of

f ortlfications

pro-

drawing, photograph, picture, or painting of any fort, battery, hibited,

by per-

fieldwork, fortification, or other military work of defence in South mission. tained the permission, in writing, of the Chief Secretary, on the recommendation of the Commandant of the South Austr a 1' 1an Military Forces. Such permission shall clearly and expressly statc the nature of the slretchcs, drawings, photographs, pictures, or paintings which may be made by the person to whom such permis- sion is given, and the place or places of which such sketches,

drawings, photograph~,

pictures, or paintings may be made.

98. Any person offending against the provisions of the above Peaaltp for offending
section shall be liable to a penalty not exceeding One Hundred ~ ~ - ~ $ ~ ~ i o n a o f without hard labor, for any period not exceeding two years; and all such sketches, drawings, photographs, pictures, or paintings,
and a11 tools and all materials or apparatus for sketching, drawing,
photographing, or painting found in his possession shall be forfeited
to the Crown.

$39, Any person who enters or approaches any fort, battery, Penalty onpcrsona

found in or near forts

fieldwork, fortification, or other military work of defence in the said ,,

,,,,

province, with sketching, drawing, photographing, or painting materials, &c.
materials or apparatus in his possession, with the intention 3
evading the provisions of this ,4ct, shall be liable, upon conviction,
to a penalty not exceeding Twenty-five Pounds, and in default to Penalty-Fine, or

imprisonment, with or without hard labor, for any period not imprisonment.

exceeding: three calendar months, with or without hard labor; and all materials or apparatus for sketching, drawing, photographing, or painting found in his possesrsion shall be forfeited to the Crown.

100. Any person found trespassing on any enclosed fort, battery,

~eni t l ty

on persona

fieldwork, fortification, or other work of military defence, may be trespass in^. penalty of not exceeding Twenty Founds, and in default to im- prisonment not exceeding one month, with or without hard labor,
summarily removed therefrom by any officer or member of the
101. Any officer or member of the Defence Forces or officcr of Penalty on communi-

the Civil Service who communicates to any person, otherwise than ,e,pecting	cating information
in the course of his official duty, any plans, documents, or other information relating to any fort, battery, fieldwork, fortification, or other work of military defence, or to any other defences of the

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province,

58' & 59' VICTOKIW, No. 643.

- - - - - - - p. L "

The Dej$;.nces Act.-

1895.

PAP* IT-

province, shall be guilty of a misdemeanor, and shall, on conviction,

be liable to imprisonment for any term not exceeding three years,

with or without hard labor.

In the name and on behalf of Her Majesty, I hereby assent to
this Bill.

T. FOWELL BUXTON, Governor.

No.
The Defences Act.-1895.
SCHEDULES.
FIRST SCHEDULE.
The Defences Acc, 1895.

Date when

Extent

Act aascnted to nnd

Title of Act.

Number of Act.

Repeal.

November 30th, 1878-

An Act to provide for the Enlistment, Regulation, and

The whole.

No. 125 of 1878	I	Discipline of a Permanent Military Force
l

August

l l th, 1880-No.

An Act to amend "The Volunteer Act, 1865-6," "The

The whole.

169 of 1880	Rifle Companies Act, 1878," and	The Military
Force Act, 1878 "

November 17th, 1882-

An Act to further amend "The Volunteer Act, 1865-6,"

The whole.

No. 261 of 1882

and " The Rifle Companies Act, 1878 "

November 17th, 1886-

An Act to consolidate and amend the Law relating to the

The whole.

No. 390 of 1886

Volunteer military Force, the Reserve Force, the

Militia, and the Rifle Volunteer Force

December 23rd, 1890-

An Act to prevent the Unauthorised Disclosure of Infor-

The whole.

No. 483 of 1890.

mation relating to the Defences of South Australia

December 231-13, 1890-

An Act to amend " The Defence Forces Act, 1886 ". .. .

The whole.

NO. 500 of isgo

SECOND SCHEDULE.

Exemptions.

Section 11.

The following persons only betwcen the ages of

eighteen and forty-five years shall

be exempt from enrolment, and from actual service at any time, in the Forces :-
(a) The Judges of the Supreme Court of South Australia:

(6 j The members of

the Executive Council:

(c) The members of the Legislative Council:
(d) The members of the House of Assembly:
( G ) The officers of said Council or House:

( f ) The Commissioners of

Audit, Secretaries and Under Secretaries, and the heada

of every Government department:

(g ) The Commissioner of	Insolvency, and all Local Commissioners of	Inaolveney:
( h ) The Public Trustec:
(i) Special Magistrates:

( i) The clergy and ministers of

all religious denominations who shall for the time

being be, or shall on application be, entitled to be officiating ministers

within the meaning of

" The Marriage Act, 1867 ":

(k) The warders, keepers, and guards of every public prison, and the officers,
keepers, and guards of any public lunatic asylum, and all officers, attendants,
and servants in any public hospital:

( 2 )

l l l e

58' & 59" VKTORIfi, No. 643.
The Defences Act.- 18%.
(E) The Commissioners of the Railways of Her Majesty's Government of South
Australia, and all inspectors, managers, stationmmters, guards, engine- drivers, stokers, porters, and all other the officials and servants of the said railways:
(m) The professors in any college or university, teachers of schools actually engaged in teaching:
(n) All sheriffs, troopers, constables, and other peace officers:
S
(o) All legally-qualified medical practitioners actually in practice:
(p) Seafaring men (including watermen and boatmen):
(p) Every member of the Naval Forces or the South Australian Naval Brigade Force of the province:
(v ) The only son of a widow, heing her only support:
(s) Persons disabled by bodily infirmity, such infirmity heing duly certified by a legally-qualified medical practitioner approved by the Governor:
(t) All aboriginal inhabitants of the said province.
No officer on half-pay who has retired from Her Majesty's Naval or Military
Service, and no person 6ho has served for a period of two years or more as an officer in the Forces authorised by this Act, or the said repealed Acts, shall be required to serve in the Forces in a rank lower than that he held in such respective Force.
THIRD SCHEDULE.
Declaration.
SOUTH [Royal Arms] AUSTRALIA.

1,	of [enter here occupation or calling], do hereby solemnly,

sincerely, and truly declare that I will be faithful and bear true allegiance to Her Majcstv Queen Victoria, Her heirs and successors according to law, and that I will faithfuhy serve as a member of the Forces, pursuant to $'The Defences Act, 1895."
[Signature @'man in full.]

Declared at

this

day of

before me.

[Signcsture of Enrolment Oflcer.1

Section 72.

FOURTH SCHEDULE.

1,	, do hereby solemnly, sincerely, and truly declare

that I will well and truly, serve Our Sovereign Lady Queen Victoria, Her heirs and successors, in the police for military purposes if required, pursuant to " The Defences Act, 1895."
[Signature of man in full.]

Declared at

this

day of

before me.
[&gnatwe of Enrolment OJicer.]
FIFTH
58" & 59' VICTORIE, No. 643.

l'he Defences Act.-189

Section 43.
FIFTH SCHEDULE.

PEACE

RATES.-PAY AND ALLOWANCES

PER AXNUM.

T h e Befences

Act, 1895,

A

Nature of Force.

I 4
Officers, &C., perma-
nently employed-
As prescribed by
regulations.

Active Military Force

6 0 1 6 0

Half the
SIXTH SCHEDULE.

WAE R a r ~ s. - P a ~

AND ALLOWANCES

PER DXEM.

The Defences Act, 1895.
Nature of Force.

OBcera,

&C., permanently

employed .

.. .

.. .. .

Active Military Force. ,. . Reaerve Military Force ..

Adelaide : By authority, C. E. kmmow, Qovetnmsnt Printer, ~&h-temrce,
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