Naval Forces of the Commonwealth Regulations 1906 (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1906. No. 91.

PROVISIONAL REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.

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 Regulation under the Defence Acts 1903-1904 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this 26th day of October, One thousand nine hundred and six.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

ALFRED DEAKIN,

For the Minister of State for Defence.

 

The Regulations for the Naval Forces of the Commonwealth (Statutory Rules 1906, No. 20) are amended by adding thereto in Part IV. thereof the following Regulation:—

Constitution of Courts-Martial.

171(a).—1. A Court-Martial shall consist of not less than five nor more than nine officers.

2. An officer shall not be qualified to sit as a member of a Court-Martial unless he is a Flag Officer or a Captain, or a Commander, or a Lieutenant, or a Sub-Lieutenant in the Active Naval Forces.

3. A Court-Martial shall not be held unless a ship of war of the Naval Forces of the Commonwealth (not being a tender), and commanded by a Captain, or a Commander, or a Lieutenant on full pay, is present at the time when the Court-Martial is held.

4. An officer who is under twenty-one years of age shall not sit on a Court-Martial.

5. A Court-Martial for the trial of a Flag Officer shall not be properly constituted unless the President is a Flag Officer, and the other officers composing the Court are of the rank of Captain or of higher rank.

6. A Court-Martial for the trial of a Captain shall not be properly constituted unless the President is a Captain or of higher rank, and the other officers composing the Court are Commanders or officers of higher rank.

C.11729.—Price 3d.

7. A Court-Martial for the trial of a Commander shall not be properly constituted unless the President is a Captain or of higher rank and, in addition to the President, two other members of the Court are of the rank of Commander or of higher rank.

8. A Court-Martial for the trial of a person below the rank of Commander shall not be properly constituted unless the President is a Captain or of higher rank.

9. The Prosecutor shall not sit on a Court-Martial for the trial of a prisoner whom he prosecutes.

10. The President of every Court-Martial shall be named by the authority convening the Court-Martial.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.