Naval Defence Act 1911 (Cth)

 

NAVAL DEFENCE.

 

No. 16 of 1911.

An Act to amend the Naval Defence Act 1910.

[Assented to 22nd December, 1911.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(l.) This Act may be cited as the Naval Defence Act 1911.

(2.) The Naval Defence Act 1910 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Naval Defence Act 1910–1911.

 

2. After section twenty-five of the Principal Act, the following section is inserted:—

Enlistment of persons under twenty-one years of age in Permanent Naval Forces.

“25a.—(1.) Any person under the age of twenty-one years may, with the consent in writing of his parent or guardian, enlist for service in the Permanent Naval Forces for such period as is prescribed, but that period shall not exceed the time required for him to attain the age of thirty years.

“(2.) The enlistment of any person in pursuance of this section shall be binding on him both during his infancy and after he attains his majority.”

3. Section thirty-seven of the Principal Act is repealed and the following section substituted in its stead:—

Command where Imperial and Dominion Forces acting together.

“37.—(1.) Whenever the Commonwealth Naval Forces or any part thereof are acting with any part of the King’s Naval Forces and any part of the Naval Forces of any part of the King’s Dominions, or with any part of any of those Forces, then, subject to any order made by the Governor-General, under the next following sub-section, the Forces so acting together shall, while so acting, be deemed to be one force or unit of a force in command of the senior naval officer present and acting in a position of command, and, subject to his orders, all officers in the force or unit shall have, as regards command and discipline in relation to the Commonwealth Naval Forces, the same powers and authority as if they were officers of the Commonwealth Naval Forces.

“(2.) Where any arrangement has been made between the Government of the Commonwealth and the Government of the United Kingdom or the Government of any part of the King’s Dominions in relation to any joint action or mutual action in relation to training or service by the Naval Forces of the Commonwealth and the Naval Forces of the King and the Naval Forces of any part of the King’s Dominions or any of those Forces, the Governor-General may, by order published in the Gazette, give such directions or instructions as he thinks fit to carry out the arrangement.

“(3.) Any order made by the Governor-General in pursuance of this section shall have effect as if it were enacted in this Act.”

4. After section forty-four of the Principal Act, the following sections are inserted:—

Officers eligible to constitute Courts-martial.

“44a. Officers of the King’s Naval Forces, and officers of the Commonwealth Naval Forces, and officers of the Naval Forces of any part of the King’s Dominions shall be eligible for appointment as officers to constitute Naval courts-martial.

“44b.—(1.) When the Commonwealth Naval Forces are acting with the King’s Naval Forces, or with the Naval Forces of any part of the King’s Dominions, the naval officer upon whom the command devolves may convene courts-martial and appoint officers to constitute courts-martial for the trial of members of the Commonwealth Naval Forces in respect of charges triable by courts-martial, and, subject to any directions or instructions given by the Governor-General or prescribed by the regulations, may approve, confirm, mitigate, or remit any sentence passed by a court-martial.

“Provided that a sentence of death passed by any court-martial on any member of the Commonwealth Naval Forces shall be not carried into effect until it has been confirmed by the Governor-General.

“(2.) This section shall not affect any power, under the Defence Act, of the Governor-General or any delegate of the Governor-General in relation to courts-martial.”