Australian Military Regulations 1916 (Amendment)

Legislation au C1918L00323 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 323.

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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 fourth day of December, 1918.

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 Australian Military Regulations 1916.

The Australian Military Regulations 1916 are amended as follows:—

(1) Regulation 788a is amended by adding the following sub-regulation:—

“4. No person who has made a false answer on attestation or who has been discharged from the Military Forces by sentence of Court Martial or for disciplinary reasons shall be entitled to any exemption from the prescribed training under the provisions of this regulation.

Provided that in cases where the false answer on attestation is made in respect of the age of the person enlisting such person may be exempted from the prescribed training under the provisions of this regulation if the Military Board so approves.”

(2) Sub-regulation (1) of regulation 1157 is amended to read as follows:—

“1. Captains of Rifle Clubs shall maintain order and discipline amongst their members at all rifle practices and other meetings thereof, whether general or committee, and shall be responsible for the proper carrying out of all orders and regulations that may be issued from time to time. It shall be the special duty of the Captain to see that rifle practice is carried out with due precautions to the safety of the public and all concerned, and he will be held responsible that sufficient ammunition only for the practices fixed for the day is issued to each member, also that all ammunition remaining unexpended after each practice is returned. He may appoint any member of the Club to perform such duties as his deputy when he cannot attend personally.

(3) Next after regulation 1169 are inserted the following regulations:—

1169a. (i) Service ammunition issued free or sold by or on behalf of the Defence Department to a Rifle Club, shall be issued free or sold by the Club only to members thereof, and only for the purposes of rifle practice or rifle competitions by such members on approved ranges.


(ii) A member of a Rifle Club, to whom service ammunition has been issued free or sold under the restrictions specified in Australian Military Regulation 1157 (1), shall not sell such ammunition to any other Rifle Club, nor to any person not a member of the same club as himself.

(iii) Any member of a Rifle Club who sells any service ammunition otherwise than in accordance with this regulation shall be guilty of an offence.

Penalty: Twenty pounds.

(iv) Any person who without authority (proof whereof shall lie upon him) buys any service ammunition from a Rifle Club or member of a Rifle Club shall be guilty of an offence.

Penalty: Twenty pounds.

1169b. (i) All service ammunition found in the possession of any private person may be seized without warrant by a police constable, and taken before a Court of summary jurisdiction.

(ii) The Court before which any service ammunition is brought in pursuance of this regulation shall declare such ammunition to be forfeited unless the person in whose possession it was found satisfies the Court that he was lawfully in the possession of such ammunition.

(iii) All service ammunition declared to be forfeited under this regulation shall be handed over to the Commandant of the Military District in which the forfeiture is declared, to be dealt with by him as prescribed or as the Minister may direct.

(iv) Any private person who buys service ammunition from or sells service ammunition to any person without the authority of the Commandant of the Military District in which such purchase or sale took place or who has in his possession any service ammunition without the authority of a District Commandant (proof whereof shall lie upon him) shall be guilty of an offence.

Penalty: Twenty pounds.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.

Overview

The Statutory Rules 1918 No. 323, Regulations under the Defence Act 1903-1918, were enacted to amend the Australian Military Regulations 1916, addressing the need for stricter control and accountability of military ammunition, especially concerning Rifle Clubs, to ensure safety and discipline within the military community. This legislative instrument was made by the Governor-General in Council under the authority granted by the Defence Act 1903-1918. The regulations aim to prevent the misuse and illegal sale of military ammunition by enforcing strict rules on its issuance, possession, and sale, thereby maintaining the integrity and security of military resources. The policy objective is to ensure that service ammunition is only used for authorised purposes and by authorised individuals, thereby safeguarding public safety and upholding military discipline.

Scope and Application

The Statutory Rules of 1918, No. 323, made under the Defence Act 1903-1918, amend the Australian Military Regulations 1916 to impose stringent measures on the enlistment and training of military personnel, as well as the handling and sale of service ammunition by Rifle Clubs. These regulations apply to any person or entity involved in military enlistment, training, and ammunition handling, specifically targeting individuals who have made false attestations or been discharged under disciplinary circumstances. They also extend to Rifle Clubs and their members, governing the issuance, sale, and possession of service ammunition. The regulations are in force throughout the Commonwealth of Australia, reinforcing the overarching authority of the Defence Department over military and ammunition matters. Specific exclusions or exemptions are not detailed in the text, but the stringent penalties outlined suggest a narrow scope for any exceptions. The regulations are enforceable as they come into operation forthwith, with any further application or restrictions managed through subordinate instruments as may be issued under the Defence Act 1903-1918.

Key Provisions

The regulations amend the Australian Military Regulations 1916 to introduce new provisions primarily targeting the conduct and management of Rifle Clubs under the Defence Act 1903-1918. Regulation 788a (1) now stipulates that individuals who have made a false attestation or were discharged from the Military Forces for disciplinary reasons are ineligible for exemption from prescribed training unless the Military Board approves it in cases of false age attestation. Regulation 1157 (1) mandates that Captains of Rifle Clubs must ensure order and discipline during practices, and be responsible for the safe and regulated distribution of ammunition, including the return of unexpended ammunition. The newly inserted regulations 1169a and 1169b outline stringent measures concerning the handling of service ammunition. Regulation 1169a (i) states that service ammunition provided to Rifle Clubs can only be used by members for practice or competitions on approved ranges. Regulation 1169a (ii) prohibits members from selling ammunition to non-members or other clubs, while Regulation 1169a (iii) imposes a penalty of Twenty Pounds for violations. Regulation 1169a (iv) also penalises individuals who purchase ammunition without proper authority, with the same Twenty Pounds fine. Regulation 1169b (i) allows police to seize service ammunition from private individuals without a warrant, with such ammunition to be presented before a court. Regulation 1169b (ii) mandates that courts declare seized ammunition forfeited unless the possessor can prove lawful ownership. Regulation 1169b (iii) requires forfeited ammunition to be handed over to the Military District Commandant. Regulation 1169b (iv) imposes penalties on private individuals who buy, sell, or possess service ammunition without the Commandant's authority, with a penalty of Twenty Pounds. These amendments impose significant obligations on Rifle Clubs and their members to adhere to strict controls over the use and distribution of service ammunition to ensure compliance with Defence regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.