STATUTORY RULES.
1919. No. 15.
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 seventeenth day of January, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of the Australian Military Regulations 1916.
The Australian Military Regulations 1916 are amended as follows:—
(1) Sub-regulation (2) of Regulation 490 is repealed and the following sub-regulation made in lieu thereof:—
“The Military Forces while on war service or deemed to be on war service shall be subject to section 41 of the Army Act with the following adaptation, that is to say, if a member is convicted of murder he shall be liable to suffer penal servitude or such less punishment as is in the Army Act mentioned.”
(2) Regulation 563 is amended as follows:—
(a) The words “without the authority of the Minister be entitled to” are deleted and the words “unless otherwise prescribed” substituted in lieu thereof.
(b) The last paragraph is deleted and the following substituted in lieu thereof:—
“When a sentence is passed by court martial and confirmed the person sentenced remains under a charge within the meaning of section 119 of the Act until the day on which the original sentence and proceedings were signed by the President of the court martial.”
(c) The following paragraph is added:—
“A person released from arrest under Regulation 539 thereupon ceases to be under a charge within the meaning of section 119 of the Act of having committed the alleged offence in respect of which he is so released and if any further proceeding is taken with reference to that alleged offence the provisions of section 119 of the Act and of this Regulation will not operate to cause a forfeiture in respect of any peried during which he has been so released.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.836.—Price 3d.
Overview
The Statutory Rules of 1919, No. 15, issued under the Defence Act 1903–1918, was enacted to address gaps and clarify specific aspects of military law in the Australian Military Regulations 1916, particularly in the context of the First World War. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the need for immediate and precise adjustments to military law to better serve the needs of the Defence Force during wartime. The objective was to amend certain regulations concerning the punishment for serious crimes committed by military personnel and the process for handling sentences passed by court martial. These changes aimed to ensure that military law was both effective and just, providing appropriate penalties for serious offences and clarifying the procedures for handling court martial sentences and releases from arrest.
Scope and Application
The Statutory Rules of 1919, No. 15, issued under the Defence Act 1903–1918, involve amendments to the Australian Military Regulations 1916, which apply to the Military Forces when they are on war service or deemed to be on war service. This legislation specifically targets members of the military who are subject to the Army Act with adaptations outlined in the regulations. The changes include modifications to the punishment for members convicted of murder and adjustments to the procedures following a court martial sentence. The amendments are designed to clarify the legal standing and procedures for military personnel involved in criminal proceedings, affecting their status and the handling of their cases within the military justice system. The regulations also address the cessation of a person's charge status upon release from arrest and the implications for any subsequent proceedings related to the same offence.
Key Provisions
The Regulations under the Defence Act 1903–1918 primarily amend the Australian Military Regulations 1916, introducing significant changes in the way military forces are governed during war service. Specifically, Section 490 is altered to state that military personnel on war service or deemed to be on war service will be subject to Section 41 of the Army Act (1). This amendment specifies that if a member of the military is convicted of murder, they will be liable to suffer penal servitude or a lesser punishment as outlined in the Army Act. Regulation 563 is also amended to clarify the legal status of individuals sentenced by court martial. These amendments remove the entitlement of certain actions without ministerial authority and modify the conditions under which a person remains charged after a sentence is confirmed by court martial (2a, 2b). Additionally, a new provision is introduced that states a person released from arrest under Regulation 539 ceases to be considered under a charge for the alleged offence and any subsequent proceedings will not result in forfeiture of any period during which they were released (2c).
These Regulations impose specific obligations on military personnel and the authorities involved in military justice. Military forces are now subject to the Army Act's provisions regarding murder convictions, ensuring a clear and consistent legal framework is applied during war service (1). The amendments to Regulation 563 place a responsibility on the authorities to correctly manage the legal status of individuals sentenced by court martial, ensuring that sentences are properly executed and any subsequent legal proceedings are handled according to the specified regulations (2b, 2c). These provisions require meticulous record-keeping and adherence to the detailed procedures outlined in the Regulations to avoid any legal ambiguities or injustices.
Breaches of these Regulations can lead to various civil and criminal consequences. For instance, if a member of the military is convicted of murder, they face penal servitude or another lesser punishment as stipulated in the Army Act (1). The precise legal repercussions are detailed within the Army Act itself. Additionally, any failure to correctly apply the provisions of these Regulations, such as mismanaging the status of individuals under charge or improperly executing sentences, could result in legal disputes or the need for corrective actions to ensure compliance with the law. The exact penalties for such breaches are not detailed in these Regulations but would be governed by the overarching legal framework, including the Defence Act 1903–1918 and the Army Act.