Naval Forces Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 145.

 

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1952.*

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 Naval Defence Act 1910-1952.

Dated this seventeenth day of December, 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd.) J. G. GORTON

Minister of State for the Navy.

 

Amendments of the Naval Forces Regulations. 

Parts.

1. Regulation 3 of the Naval Forces Regulations is amended by inserting, after the words—

“Section III.—Constitution of the Naval Board.”

the words—

“Section IIIa.—Judge Advocate General.”.

2. After regulation 20 of the Naval Forces Regulations the following Section is inserted—

Judge Advocate General for the Naval Forces.

“Section IIIa.—Judge Advocate General.

“20a.—(1.) The Governor-General may appoint—

(a) a Judge Advocate General for the Naval Forces; and

(b) a Deputy Judge Advocate General for the Naval Forces.

“(2.) A Judge Advocate General and a Deputy Judge Advocate General hold office during the pleasure of the Governor-General.

“(3.) The functions of the Judge Advocate General arc—

(a) to advise the Naval Board on such matters of law or of law and fact affecting or likely to affect the Naval Forces as arc referred to him;

(b)to consider and report to the Naval Board concerning such proceedings of a court-martial or disciplinary court as are referred to him;

 

* Notified in the Commonwealth Gazette on 24th December, 1963.

Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938, Nos. 20, 40, 70 and 91; 1939, Nos. 26, 27, 72 and 143; 1940, Nos. 123, 135, 147, 197, 217 and 240; 1941, Nos. 21, 187, 215 and 242; 1942, Nos. 48 and 202; 1943, No. 42; 1944, No. 63; 1946, Nos. 26 and 32; 1947, Nos. 34 and 130; 1948, Nos. 37, 87 and 88; and 1950, Nos. 4 and 26; 1951, Nos. 53, 66 and 165; 1953, No. 19; and 1954, Nos. 28, 115 and 123; 1955, Nos. 5 and 16; 1956, No. 78; and 1958, No. 88; 1959, No. 38; and 1961, Nos., 51 and 67; and 1963, No. 113.

10467/63.—Price 3d. 9/15.11.1963.

(c) to consider and report to the Naval Board concerning such petitions against the finding or sentence, or finding and sentence, of a court-martial or disciplinary court as are referred to him;

(d)to furnish to the Naval Board such rulings and opinions on naval law as he thinks fit; and

(e)to consider and report to the Naval Board concerning such other matters affecting or likely to affect the Naval Forces as are referred to him.

“(4.) For the purposes of the last preceding sub-regulation, matters, proceedings and petitions may be referred to the Judge Advocate General by the Naval Board, by a member of the Naval Board or by a person authorized by the Naval Board so to do.

“(5.) Where the Judge Advocate General or the Deputy Judge Advocate General makes, in a report to the Naval Board, a recommendation with respect to a finding or sentence, or a finding and sentence, of a court-martial or disciplinary court, the Naval Board shall cause him to be informed of the action that it takes in relation to the finding or sentence, or finding and sentence, as the case may be.

Delegation.

“20b.—(1.) The Judge Advocate General may, either generally or otherwise as provided in the instrument of delegation, by writing under his hand, delegate to the Deputy Judge Advocate General any of the functions of the Judge Advocate General, except this power to delegation.

“(2.) A function so delegated may be exercised by the Deputy Judge Advocate General in accordance with the instrument of delegation.

“(3.) A delegation under sub-regulation (1.) of this regulation is revocable at will and does not prevent the exercise of a function by the Judge Advocate General.”.

The Schedule.

3. The Schedule to the Naval Forces Regulations is amended by inserting after item (12.) the following item:—

“(12a.) | 73 | Omit the whole section.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.