Military Forces of the Commonwealth Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1911. No. 208.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1910.

Amendment of Commonwealth Military Regulation 418.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Defence Act 1903-1910 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this eleventh day of December, One thousand nine hundred and eleven.

DENMAN,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

REGULATIONS (PROVISIONAL) FOR THE MILITARY FORCES OF THE COMMONWEALTH.

Amendments.

In Regulation 418, after sub-paragraph (c), add:—

(d) Commanding officers shall in all cases be held personally liable for loss in respect to equipment, clothing, or other stores on their charge, unless satisfactory evidence is tendered to the Board—

(1) that the loss is due to the wrongful act, default, or neglect, on the part of some other person definitely ascertained, or

(2) that, although no other person can be definitely ascertained as responsible for the loss, all necessary instructions and supervision had been given and exercised by the Commanding Officer such as might reasonably have been required of him in the circumstances, or

(3) that the loss was due to some occurrence or fact over which he had no control.

(e) Boards will state definitely in their report whether the evidence produced is sufficiently satisfactory to relieve the Commanding Officer of personal responsibility, and under what sub-head of sub-paragraph

(d) If the evidence produced is not considered such as to relieve the Commanding Officer, he should be informed accordingly by the President, and an opportunity afforded, if desired by him, of furnishing further evidence.

(f) A Commanding Officer who is held under this regulation to be personally liable for such loss, and who fails to pay for the whole or such part of the loss as he may be required to meet, shall be removed from his command.

(g) When the total loss of articles on charge to a Commanding Officer exceeds £5 in any year, the whole of the board proceedings in respect to losses in such unit will be submitted to Head-Quarters. The value of articles written off on payment from private funds is not to be included in the above amount.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

C.17832.—Price 3d.