National Security (Volunteer Defence Corps) Regulations (Amendment) (Cth)

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STATUTORY RULES.

1943. No. 303.

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 seventeenth day of December, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Volunteer Defence Corps) Regulations.

Definitions.

1. Regulation 2 of the National Security (Volunteer Defence Corps) Regulations is amended by inserting in sub-regulation (1.), after the definition of “member of the Corps”, the following definition:—

“‘military rank’ means any rank in the Volunteer Defence Corps of or above the rank of lieutenant;”.

2. Regulation 4 of the National Security (Volunteer Defence Corps) Regulations is omitted and the following regulation inserted in its stead:—

Appointment and promotion of officers of the Corps.

“4.—(1.) The Governor-General may, without issuing a commission to a member of the Corps and notwithstanding that the member of the Corps holds a commission, honorary commission, or appointment as an officer or any other rank or appointment in any of His Majesty’s naval, military or air forces, which is not in abeyance by virtue of these Regulations, appoint or promote that member to any military rank in the Corps.

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 37.

3405.—Price 3d.  24/2.6.1943.

 

(2.) The Governor-General may delegate to the Military Board or to any officer or officers of the Military Forces of the Commonwealth within Australia power to appoint or promote members of the Corps to any acting military rank in the Corps.

(3.) A delegation under this regulation may be made to an officer personally or by the designation of his appointment and may be limited to the officer named or be extended to the person for the time being performing the duties of the appointment or to the successors in command of the officer.

(4.) A delegation shall be revocable at will by the Governor-General and shall not prevent the exercise of any power by the Governor-General.

(5.) The revocation of a delegation shall not affect anything done under the delegation prior to the delegate receiving notice of the revocation.

(6.) A member of the Corps appointed or promoted to acting military rank under the powers conferred by this regulation shall cease to hold that rank if the Governor-General refuses to confirm the appointment or promotion.

(7.) A member of the Corps whose appointment or promotion under this regulation is confirmed by the Governor-General shall be deemed to have been appointed or promoted, as the case may be, from the date of his appointment or promotion to the acting military rank which is so confirmed.

(8.) Where the Governor-General refuses to confirm any appointment or promotion to acting military rank, every act, matter, thing, right and liability which, by virtue or in consequence of that appointment or promotion to acting military rank, is done, suffered, acquired or incurred, between the time at which a member of the Corps was so appointed or promoted and the time at which he received notice of the Governor-General’s refusal to confirm his appointment or promotion, shall be as valid and effectual as if it were done, suffered, acquired or incurred by a member of the Corps appointed or promoted by the Governor-General to the rank concerned.

(9.) Subject to the provisions of this regulation, an appointment or promotion to any military rank in the Corps shall be for the period during which the member holds an office or appointment in the Corps appropriate to the rank to which he is appointed or promoted.

(10.) The Governor-General may at any time revoke, cancel or suspend any appointment or promotion made pursuant to sub-regulation (1.) or (2.) of this regulation.

(11.) The Military Board, or any officer authorized for that purpose by the Military Board, may appoint, remove or suspend a member of the Corps to or from any office or appointment in the Corps.

(12.) Upon ceasing to be a member of the Corps a member shall cease to hold any office or military rank to which he has been appointed or promoted pursuant to this regulation.”.

 

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

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