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

STATUTORY RULES.

1915. No. 35.

 

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACT 1903-1914.

Regulations for the Military Forces of the Commonwealth of Australia.

Regulations 239, 269, 284, and 350—Amendments.

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 Defence Act 1903-1914 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this twenty-fifth day of March, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE.

 

REGULATIONS FOR THE MILITARY FORCES OF THE COMMONWEALTH OF AUSTRALIA.

Amendments.

Regulation 239.—Delete paragraph (1), and substitute the following therefor:—

“A military member of the Military Board may order into military custody any officer; a District Commandant may order into military custody any officer under his command; any officer may order into military custody an officer of inferior rank, or any soldier, and also an officer (though he be of higher rank) engaged in a quarrel, fray, or disorder; and any officer or soldier may take into military custody any officer or soldier pursuant to the order of an officer authorized by this regulation to issue such order, and such order shall be obeyed, notwithstanding the officer giving the order and the person in respect of whom the order is given do not belong to the same corps, arm, or branch of the service.”

Regulation 269.—Delete paragraph (a), and substitute the following therefor:—

“(a)Where an officer is charged with an offence under the Act or Regulations the investigation shall, if he requires it, be held, and the evidence taken in his presence in writing in the same manner, as nearly as circumstances permit, as is required, in the case of a soldier.

C.3953.—Price 3d.

 

Any such investigation shall be carried out under the direction of either—

(1) The officer commanding the unit or corps to which the accused belongs; or

(2) The District Commandant; or

(3) The Adjutant-General; or

(4) Any officer authorized in that behalf by the Minister.”

Regulation 284.—Delete Regulation 284, and substitute the following therefor:—

“284. (a) Members of the Administrative and Instructional Staff shall constitute a Corps, and the Adjutant-General shall, for the purposes of discipline, be the officer commanding such corps.

(b) Members of the Administrative and Instructional Staff, including Military Staff Clerks, serving under a District Commandant or other officer who may beappointed by the Military Board to command any portion thereof, constitute a corps, and such District Commandant or any officer not below the rank of Captain whom such District Commandant may appoint, or such other officer appointed by the Military Board as aforesaid, as the case may be, shall be the officer commanding such corps for the purposes of discipline, but for appointment, promotion, and transfer from one Military District to another, such members shall be under the Administration of the Adjutant-General.”

Regulation 350.—Delete paragraph (d), and substitute the following therefor:—

“(d)In the case of charges preferred against a soldier the charge-sheet should be signed by the officer in actual command of the unit to which the accused belongs.

Provided, however, that when, in the opinion of the District Commandant, such opinion to be expressed in writing and to be conclusive, it is impracticable, having due regard to the Public Service, to obtain the signature of the officer in actual command of any unit, to any charge-sheet, such District Commandant may either sign the charge-sheet himself, or, by order under his hand, authorize any other officer to sign the charge-sheet.”

Add the following new paragraph:—

“(e) In the case of charges preferred against an officer the charge-sheet may be signed by either—

(1) The officer in actual command of the unit or corps to which the accused belongs; or

(2) A District Commandant; or

(3) Any military member of the Military Board; or

(4) Any officer authorized in that behalf by the Minister.”

 

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