Australian Military Regulations 1916 (Amendment)

Legislation au C1919L00240 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 240.

 

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 first day of October, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

Acting, Minister of State for Defence.

 

Amendment of the Australian Military Regulations 1916.

The Australian Military Regulations 1916 are amended as follows:—

(1) Next after regulation 647 the following regulation is inserted:—

“647a. When the proceedings of a Court Martial are confirmed but the sentence is wholly remitted, the remission shall not affect any penalty or forfeiture consequent on the conviction but not forming part of the sentence.”

(2) Regulation 651 is repealed and the following regulation made in lieu thereof:—

“651. When the confirming authority finds it necessary to comment upon the proceedings of a Court Martial which require confirmation, whether original or revised, his remarks will be separate from and form no part of the proceedings. They will be communicated in a separate minute to the members of the Court, or, in exceptional cases where in the interests of discipline a more public instruction is required, they will be made known in the orders of the command. In no case will he comment upon a finding of ‘not guilty’ or upon the inadequacy of a sentence, and great care is to be taken not to unduly interfere with the discretion with which the court is vested in the exercise of its judicial functions.”


(3) Regulation 653 is repealed and the following regulation made in lieu thereof.

“653. (1) If it appears to a confirming authority that a finding of a Court Martial on any charge is illegal or involves injustice to the accused and confirmation has not been completed, the confirming authority shall refuse confirmation of that finding and if necessary proceed as directed in regulation 647 (1).

(2) If a confirming authority is in doubt as to the propriety of confirming any finding of a Court Martial, and the circumstances admit of reference without undue delay, he should refer the case for the opinion of a superior authority.

(3) If after confirmation has been completed it appears that a finding on any charge is illegal or involves injustice to the accused, such finding shall be quashed and the record of the conviction on that charge shall be removed and the accused relieved from all consequences of his trial on that charge.

(4) When the findings on all charges on which a person has been convicted are quashed the sentence also shall be quashed.

(5) When a sentence has been awarded by a Court Martial in respect of offences in several charges and has been confirmed, and the finding on any but not all of those charges is quashed, the authority who quashes shall take the quashing into consideration and if it seems just mitigate remit or commute the punishment awarded as seems just having regard to the offences in the charges the findings on which are not quashed, and the punishment as so modified shall be as valid as if it had been originally awarded only in respect of those offences.

(6) The power of quashing tinder this regulation may be exercised in respect of proceedings of Courts Martial under section 86 of the Act by—

(a) The Governor-General, or

(b) The Military Board, or

(c) An officer in chief command of a body of Australian Military Forces outside Australia, or on War Service in Australia provided that the power shall not be exercised by an authority inferior to the authority by whom the proceedings were confirmed, without the consent of that/authority or of a superior authority.

(7) The power of quashing under this regulation may be exercised in respect of proceedings of Courts Martial under the Army Act by virtue of section 54a of the Defence Act, when the person convicted is in Australia, by the Governor-General provided that when proceedings have been confirmed directly by His Majesty the power shall not be exercised except by direction of His Majesty.

(8) When the circumstances admit of reference without undue delay, the proceedings of a Court Martial should not in any case of doubt or difficulty be quashed without reference to the Attorney-General or the Deputy Judge Advocate General.


(9) Nothing in this regulation shall affect any power, which otherwise exists of quashing proceedings of Courts Martial convened under the Army Act by virtue of section 54a of the Defence Act.”

(4) Next after regulation 653 the following regulation is inserted:—

“653a. Where statements made by an accused, in mitigation of punishment, reveal facts which might influence confirming officers in determining the proper sentence, or contain matter which might call for disciplinary action, investigation into the truth or otherwise of such statements should be made by the confirming officer, if practicable, prior to confirmation.

If such inquiry is likely to cause substantial delay in confirmation, confirming officers may confirm the proceedings forthwith, and make investigation with a view to subsequent reconsideration.”

(5) Regulation 788a is repealed and the following regulation made in lieu thereof:—

“788a. (1) It is provided by sub-section 138 of the Act that—

Persons who have served on war service may be exempted from the prescribed training for such period and under such conditions as are prescribed.

(2) Subject to this regulation, any person who has served on war service in connexion with the present war beyond the limits of the Commonwealth for any period or within the Commonwealth for a continuous period of four months or more shall be exempt from all training prescribed by Part XII. of the Act.

(3) This exemption shall not extend to any compulsory parades which may be held in any year for registration or other administrative purpose and every person to whom sub-regulation (2) applies shall notify every change of address as required by regulation 778 and failure to comply with this regulation will render the person liable to the penalty provided by section 85 of the Act.”

 

 

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 of 1919, No. 240, are regulations made under the Defence Act 1903-1918 by the Governor-General in accordance with the Federal Executive Council's advice. These regulations amend the Australian Military Regulations of 1916 and address issues related to the confirmation and quashing of findings and sentences by courts-martial, as well as the exemption from prescribed training for those who have served on war service. The regulations aim to ensure that the military justice system operates fairly and efficiently, and that those who have served on war service are not unduly burdened by training requirements. The regulations were enacted to provide greater clarity and consistency in the application of military law and to address any gaps or uncertainties that may have arisen in the existing legal framework.

Scope and Application

These regulations under the Defence Act 1903-1918 are made by the Governor-General, acting with the advice of the Federal Executive Council, to amend the Australian Military Regulations 1916. The regulations apply to the military and their courts martial, focusing on the confirmation of court martial proceedings and the powers of the confirming authorities. These authorities include the Governor-General, the Military Board, and officers in chief command of Australian Military Forces. The regulations extend to the confirmation of court martial sentences, the quashing of findings if they are found to be illegal or unjust, and the handling of statements made by an accused in mitigation of punishment. The amendments also cover exemptions from prescribed training for those who have served on war service, clarifying the conditions under which such exemptions apply and the obligations of those exempted. The jurisdictional reach of these regulations is nationwide, applying to all military personnel within Australia and its territories, as well as to those serving outside Australia.

Key Provisions

The statutory rules establish amendments to the Australian Military Regulations 1916, introducing new regulations and modifying existing ones to better align with the Defence Act 1903-1918. The most significant changes pertain to the confirmation and quashing of Court Martial proceedings. Regulation 647a (1) ensures that if a Court Martial's proceedings are confirmed but the sentence is remitted, any penalties or forfeitures resulting from the conviction but not part of the sentence remain in effect. Regulation 651 replaces the previous regulation, specifying that any comments from the confirming authority on the Court Martial proceedings must be separate and not part of the official record. It further mandates that such comments should not interfere with the court’s judicial discretion, especially regarding findings of ‘not guilty’ or sentence adequacy. Regulation 653, which replaces regulation 653, details the conditions under which a confirming authority can refuse to confirm a Court Martial finding or quash it post-confirmation if it appears illegal or unjust. It outlines the hierarchy of authorities who can exercise this power and stipulates that proceedings should not be quashed without consulting relevant legal authorities when possible. These regulations impose several obligations on the parties involved, particularly the confirming authorities and the accused. Confirming authorities are tasked with ensuring that any comments on Court Martial proceedings are distinct from the official record and do not undermine the court’s judicial independence. They must also investigate statements made by the accused that may affect sentencing or call for disciplinary action before confirming proceedings, unless doing so would cause undue delay. The accused, meanwhile, are required to notify any changes of address as per regulation 788a (3), failure to which can result in penalties under section 85 of the Act. This regulation also exempts certain individuals from prescribed training if they have served on war service under specified conditions. Breaches of these regulations can result in various civil and criminal consequences. For instance, failure to comply with the notification requirements under regulation 788a (3) can lead to penalties as outlined in section 85 of the Defence Act 1903-1918. While the specific penalties under section 85 are not detailed in the statutory rules, they typically include fines or imprisonment, depending on the severity of the breach. Additionally, any improper exercise of the quashing power under regulation 653 could potentially lead to legal challenges or disciplinary actions against the confirming authorities. It is also important to note that regulations concerning the confirmation and quashing of Court Martial findings are designed to ensure fairness and adherence to military law, thereby protecting both the accused and the integrity of the military justice system.

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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.