National Security (Military Forces) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 341.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 National Security Act 1939-1940.

Dated this first day of August, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

 

JOHN CURTIN

Minister of State for Defence.

 

Amendments of the National Security (Military Forces) Regulations.

Transfer of powers of Military Board to Officer Commanding Military Forces.

1. Regulation 9 of the National Security (Military Forces) Regulations is repealed and the following regulation inserted in its stead:—

“ 9. During any period in which an officer appointed to command the Military Forces of the Commonwealth in time of war holds office, any reference to the Military Board in any Act or in any regulation, order or other instrument made under any Act, shall be read as a reference to that officer.”.

Powers of certain military officers.

2. After regulation 10 of the National Security (Military Forces) Regulations the following regulation is inserted :—

“10a.— (1.) Notwithstanding anything contained in the Defence Act or any regulation made under that Act, the officer for the time being appointed to command the Military Forces of the Commonwealth in time of war may, subject to sub-regulation (3.) of this regulation—

 

* Notified in the Commonwealth Gazette on 1st August. 1942.

  Statutory Rules 1941. No. 1, as amended by Statutory Rules 1941, Nos. 10, 202, 294 and 295; and 1942, Nos. 24, 42, 104, 135, 156, 187 and 240.

  

(a) appoint persons to acting rank (not higher than that of Brigadier) as officers of the Military Forces;

(b)promote officers of the Military Forces to acting or temporary rank (not higher than that of Brigadier) in those Forces;

(c) appoint officers to staff appointments or to command units or formations;

(d) subject to the confirmation of the Minister of State for the Army, fix and alter Establishments and War Equipment Tables and the composition and equipment of units and formations;

(e) transfer officers and soldiers from one unit or corps to another;

(f) place officers and soldiers on a supernumerary list;

(g) second officers and soldiers; and

(h) detail to any corps or unit officers and soldiers placed on a supernumerary list or seconded.

(2.) Notwithstanding anything contained in the Defence Act or any regulation made under that Act, every officer for the time being holding the office or performing the duties of General Officer Commanding an Army of the Australian Military Forces, or Adjutant-General at the Head-quarters of the Military Forces, may, subject to sub-regulation (3.) of this regulation and to any restrictions which may be imposed by the officer for the time being commanding the Military Forces of the Commonwealth in time of war—

(a) appoint persons to acting rank (not higher than that of Major) as officers of the Military Forces;

(b) promote officers of the Military Forces to acting or temporary rank (not higher than that of Major) in those Forces;

(c) appoint officers to staff appointments or to command units or formations except in any case where a higher rank than that of Major is provided in War Establishments;

(d) transfer officers and soldiers from one unit or corps to another;

(e) place officers and soldiers on a supernumerary list;

(f) second officers and soldiers; and

(g) detail to any corps or unit officers and soldiers placed in a supernumerary list or seconded.

(3.) An appointment or promotion to acting or temporary rank made pursuant to sub-regulation (1.) or (2.) of this regulation—

(a) shall have no effect prior to the date on which the appointment or promotion was made;

(b) shall be for a period not exceeding, at any one time, three months; and

(c) shall, within three months of being made, be submitted for confirmation by the Governor-General.

 

(4.) Every act, matter, thing, right and liability which by virtue or in consequence of an appointment to acting or temporary rank under this regulation is done, suffered, acquired or incurred between the time an officer is so appointed or promoted and the time when his appointment or promotion under this regulation expires shall be as valid and effectual as if it were done, suffered, acquired or incurred by an officer appointed or promoted by the Governor-General to that office in pursuance of the powers conferred on the Governor-General under the Defence Act 1903-1941.

(5.) Unless the contrary intention appears, words used in this regulation have the same meaning as they have in the Australian Military Regulations.”.

 

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