Military Forces of the Commonwealth Regulations (Amendment) (Provisional) (Cth)
STATUTORY RULES.
PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903–1910.
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 Regulations under the
Dated this seventeenth day of August, One thousand nine hundred and eleven.
DENMAN,
Governor-General.
By His Excellency’s Command,
G. McGregor.
Regulations (Provisional) for the Military Forces of the Commonwealth.
After Regulation 273 add new Regulation 273a—
273a. “When proposing to deal with a case summarily a Commanding Officer will satisfy himself that the evidence produced before him is sufficient to disclose the exact nature of the offence. If he is not so satisfied he should remand the case for further inquiries, so that the offence as entered in the guard report may be substantially the charge upon which the accused would be arraigned in the event of his electing to be tried by a district court-martial under the provisions of paragraph 265 (
d ).When once an accused has elected to be tried upon the charge as read out to him from the guard report, it should under no circumstances be added to or increased in gravity.”
After Regulation 276 add new Regulation 276a—
276a. “A soldier on electing to be tried by a district court-martial under the provisions of paragraph 265 (
d ) will be at once released from arrest pending trial. In exceptional cases a Commanding Officer may, however, keep the soldier in confinement, but in such cases he will at once report his action to the officer to whom the application for the soldier’s trial will be made, giving the reasons for his action.”
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C.11066.—Price 3d.
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