STATUTORY RULES.
1920. No. 91.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 Defence Act 1903-1918, to come into operation forthwith.
Dated this second day of June, 1920.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of The Australia Military Regulations 1916.
The Australian Military Regulations 1916 are amended as follows:—
(1) Regulation 302.—The words “Inspection of Junior Cadet training in the schools when so ordered by the District Commandant” are amended to read—“Inspection of Junior Cadet training in schools not under the control of a State Education Department”.
(2) Regulation 358 is amended as follows:—
Paragraph (XI.) of sub-regulation (1) is repealed and the following sub-regulations are added:—
(3) A sentence of dismissal or discharge or discharge with ignominy, under section 97 of the Defence Act or under the Army Act, unless execution thereof is suspended under A.M.R. 645 (1) or section 57 (1) of the Army Act, will take effect on the day of promulgation, whether proceedings on discharge and a certificate of discharge are completed on that day or not.
(4) When a soldier is dismissed or discharged or discharged with ignominy by sentence of court martial, the usual proceedings on discharge and certificate of discharge will be prepared in such a way as to record that the dismissal, discharge or discharge with ignominy took place on the day of promulgation, or if there has been a suspension of the execution of the sentence, on the day on which the suspension ceased. When the person to whom the certificate relates is in prison the certificate will be sent to the Governor of the prison.
(3) Sub-regulation (3) of regulation 364 is repealed.
(4) Next after regulation 478 the following regulation is inserted:—
478a. Officers and soldiers should at all times guard against being placed in it position which might lay them open to suspicion of being influenced in the discharge of their military duty by other than purely public consideration.
They should be scrupulously careful, in their relations with persons supplying or intending to supply goods for military purposes or performing or intending to perform paid services for the benefit of His Majesty’s Military Forces or any party thereof, to avoid entering into any transactions which might give rise to such a suspicion.
(5) Regulation 647a is amended by inserting next after the word “remitted” the words “or quashed” and by inserting next after the word “remission” the words “or quashing if the conviction stands”.
(6) Regulation 653 is amended by inserting next after sub-regulation (3) the following
sub-regulation:—
3a. If after confirmation has been completed it appears that a sentence is invalid and a valid sentence cannot be substituted under the powers conferred by these Regulations or by the Rules of Procedure made under the Army Act the sentence shall be quashed.
(7) Regulation 656 is amended as follows:—
The figure “(1)” is inserted next after the figures “656”. The words “except as mentioned in sub-regulation (2) of this regulation” are inserted next after the word “however”.
The following sub-regulations are added:—
(2) If at the time of signing the minute of confirmation or at any time thereafter, the authority who confirms or any authority for the time being qualified to confirm, signs on the proceedings a minute in or to the effect of the form contained in this sub-regulation, publication of the charge finding sentence and confirmation and recommendation to mercy, if any, as directed by the minute last aforesaid shall be sufficient promulgation.
form.
It appears to me to be impracticable to communicate with the accused personally owing to (here state cause of impracticability), and I direct that the charge (s) finding sentence and confirmation (add, if any, “and recommendation to mercy”) be published (here state the orders or other medium of publication selected).
Signature—
Date—
(3) Notwithstanding promulgation in accordance with sub-regulation (2) of this regulation, the charge, finding, sentence and confirmation and recommendation to mercy, if any, shall be communicated to the accused personally as soon as practicable but omission of such communication shall not invalidate the promulgation.
(8) Next after regulation 657a the following regulation is inserted:—
657b. (1) A sentence of cashiering or dismissal of an officer under the Army Act or the Defence Act, unless execution of the sentence, is suspended under section 57 (1) of the Army Act or A. M. R. 645 (1), will take effect on the day of promulgation.
(2) A sentence of cashiering or dismissal of an officer will be notified in the Gazette as having, taken effect on the day of promulgation, or if there has been a suspension of the execution of the sentence, on the day on, which the suspension ceased.
(Regulation 785—
(9) The figure “(1)” is inserted next after the figures “785” and the following sub-regulation
is added:
(2) The Area Officer may, for the purpose of ascertaining whether any person who has received a certificate of exemption under the last preceding sub-regulation is fit for service, order that person to attend at such time and place as the Area Officer specifics, and to submit himself to a further examination by a prescribed medical authority.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.