Australian Military Regulations 1916 (Amendment)

Legislation au C1919L00231 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 231.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1318.

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 tenth day of September, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

GEO. H. WISE,

for Minister of State for Defence.

 

Amendment of Australian Military Regulations 1916.

1. Regulation 8 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—

“(7) Where any warrant or order is authorized to be issued or made by the Military Board, the warrant may be issued, and the order may be signified by an order, instruction or letter under the hand of any officer authorized by the Military Board in that behalf, and a warrant, order, instruction or letter purporting to be signed by an officer appearing therein to be authorized by, or acting on behalf of the Military Board, shall be primâ facie evidence of his being so authorized.”

2. After regulation. 664a of the Australian Military Regulations, the following regulation is inserted:—

Warrant, order or direction not to be void for want of form.

“664b.(1)A warrant, order or direction relating to a military convict or military prisoner or soldier undergoing detention shall not be held to be void by reason only of the death or removal from office of the officer signing or ordering the issue of the warrant, order, or direction, or by reason of any defect in the warrant, order or direction, if it is alleged in the warrant, order or direction that the military convict, military prisoner or soldier undergoing detention has been convicted and there is a good and valid conviction to sustain the warrant, order or direction.

“(2) The original proceedings of a court martial purporting to be signed by the President, and being in the custody of the Attorney-General, or His Majesty’s Judge Advocate-General or the officer having the lawful custody thereof, shall be admissible in evidence on their mere production from that custody, and any copy purporting to be certified by or on behalf of the Attorney-General or by the Judge Advocate-General or his deputy authorized in that behalf, or by the officer having the lawful custody of the original proceedings, to be a true copy of the proceedings or of any part thereof shall be admissible in evidence without proof of the signature of the person purporting to sign the same or of his having the custody of the original proceedings.


“(3) Where any military convict or military prisoner or soldier undergoing detention is for the time being in military or civil custody, in any place or manner in which he may legally be kept in pursuance of the Act or these Regulations, the custody of the military convict or military prisoner or soldier undergoing detention, shall not be deemed to be illegal by reason only of any informality or error in or as respects the warrant, order or other document, or the authority by or in pusuance of which the military convict or military prisoner or soldier undergoing detention was brought into or is detained in custody, and any such warrant, order or document may be amended so as to remove the informality or error.

“(4) Where a military convict or a military prisoner or a soldier undergoing detention, or a person subject to military law within the meaning of these Regulations or subject to the Army Act and charged with an offence is in military custody, and for the purpose of conveyance by sea is delivered on board a ship into the custody of the person in command of the ship or to any other person on board the ship acting under the authority of the person in command of the ship, the order of the military authority which authorizes the military convict, military prisoner, soldier undergoing detention, or other person, to be conveyed by sea, shall be sufficient authority to the person for the time being in command of the ship and to any other person on board the ship acting under the authority of the person for the time being in command of the ship, to keep the military convict, military prisoner, soldier undergoing detention, or other person in custody and to convey him in accordance with the order, and the military convict, military prisoner, soldier undergoing detention, or other person, while so kept in custody shall be deemed to be kept in military custody.

“(5) In this regulation, the expressions ‘military convict,’ ‘military prisoner,’ and ‘soldier undergoing detention’ have the same meanings as in regulations 663, 664 and 664a”

3. Appendix A to the Australian Military Regulations is amended—

(a) by omitting the heading to Form A and inserting in its stead the following heading:—

“Warrant for Commitment to Prison of a Military Convict who is sentenced within or outside the limits of the Commonwealth to Penal Servitude and in respect of whom a Warrant for Commitment in accordance with Form is not issued.”

(b) by omitting the heading to Form C and inserting in its stead the following heading:—

“Warrant for Commitment to Prison or Place of Detention of Persons who are sentenced by Court Martial either in or out of the Commonwealth to Imprisonment under the Defence Act 1903-1318 and in respect of whom a Warrant in accordance with Form D is not issued.”; and

(c) by omitting the heading to Form E and inserting in its stead the following heading:—

“Warrant for Commitment to a Place of Detention of Persons who are sentenced by Court Martial to Detention and in respect of whom a Warrant in accordance with Form F is not issued.”.

 

 

 

 

 

 

 

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1919 No. 231 are regulations made under the Defence Act 1903-1918 by the Governor-General in Council, effective from September 10, 1919. The Defence Act 1903-1918 was enacted to provide for the control, regulation, and administration of the defence forces of the Commonwealth of Australia, including the army, navy, and air force. This legislation addresses the need for comprehensive and organised military regulations to manage the operations, discipline, and administration of Australia's defence forces. The policy objective of these regulations is to ensure the effective and lawful execution of military authority and the orderly management of military personnel, including convicts, prisoners, and those undergoing detention, in both military and civil contexts. These regulations aim to provide clarity and legal certainty regarding the issuance and validity of military warrants and orders, particularly in scenarios involving the transfer and custody of military personnel at sea or in cases where there may be procedural errors or informalities.

Scope and Application

The Statutory Rules of 1919, No. 231, issued under the Defence Act 1903-1918, amend the Australian Military Regulations 1916 and pertain to the governance and management of military personnel, including convicts, prisoners, and those undergoing detention, within the Commonwealth of Australia. These regulations specifically address the issuance and validity of warrants, orders, and directions related to military personnel in custody, ensuring that such documents are not rendered void by administrative errors or the departure of the signatory. The regulations also cover the admissibility of court martial proceedings and their certified copies in evidence, as well as the procedures for the conveyance of military convicts, prisoners, and detainees by sea. The changes introduced by these regulations apply to military personnel subject to the Defence Act 1903-1918, encompassing individuals in both military and civil custody throughout the Commonwealth, and are intended to streamline and clarify the legal framework governing their detention and transfer.

Key Provisions

The main operative sections of the legislation provide clarity and procedural certainty in the issuance of warrants and orders by military authorities. Regulation 8(7) allows for the issuance of warrants and orders by any officer authorised by the Military Board, with such documents being prima facie evidence of the officer's authority (section 1). Additionally, Regulation 664b ensures that warrants, orders, or directions related to military convicts, prisoners, or soldiers undergoing detention are not void due to procedural defects, provided there is a valid conviction to sustain them (section 2). Furthermore, Regulation 664b clarifies that custody of such individuals remains legal despite any informalities in the warrant or order, and these documents can be amended to rectify any errors (section 2(3) and (4)). This regulation also stipulates that the original court martial proceedings are admissible in evidence without proof of signature or custody (section 2(2)). Finally, the amendments to Appendix A change the headings of certain forms used for warrants, providing more precise descriptions of their use (section 3). The obligations and requirements imposed by this legislation are primarily directed towards military authorities and personnel. Military officers authorised by the Military Board must ensure that any warrants or orders they issue are properly documented and signed, as these documents serve as evidence of their authority (section 1). The Military Board must also ensure that any warrants, orders, or directions concerning military convicts, prisoners, or soldiers undergoing detention are valid and supported by a good and valid conviction (section 2). Additionally, military authorities are required to maintain accurate and proper custody records for those in military detention, ensuring that any procedural informalities or errors in the warrants or orders do not render the custody illegal (section 2(3)). Authorities must also ensure that the conveyance of detainees by sea is properly authorised and documented, with the ship's command and crew acting under the authority of the relevant military order (section 2(4)). The legislation outlines specific offences and penalties for breaches of the Defence Act 1903-1918 and the Australian Military Regulations. While the primary focus of the regulation is procedural rather than punitive, non-compliance with the specified requirements could lead to legal challenges regarding the validity of warrants, orders, and detentions. For instance, if a warrant or order is found to be improperly issued or if custody is deemed illegal due to procedural defects, it could result in the release of individuals who are lawfully detained under military law. However, the regulation itself does not explicitly state maximum penalties for breaches; penalties would likely be determined by the Defence Act 1903-1918 or other relevant legislation. Nonetheless, the regulation ensures that any procedural errors do not undermine the legal basis for military detention and the transportation of detainees, thereby maintaining the integrity of military justice and the authority of military commands.

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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.