Australian Military Regulations 1916 (Amendment)

Legislation au C1919L00092 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 92.

 

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 sixteenth day of April, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

GEO. H. WISE,

for Minister of State for Defence.

 

Amendment of the Australian Military Regulations 1916.

The Australian Military Regulations 1916 are amended as follows:—

(a) Australian Military Regulation 348 is amended by repealing the words “duplicate thereof” and substituting therefor the words “in the authorized copy of the entries therein.”

(b) Australian Military Regulation 370 is amended by inserting after the word “examined” the words “and in the authorized copy of the entries therein.”

(c) In the heading of Division 7 of Part 15 of the Australian Military Regulations the words and figures “Section 146d.a.” are repealed and the words and figures “Sections 110a and 146d.a.” are substituted therefor.

(d) Australian Military Regulation 860 is repealed and the following regulation is inserted in its stead:—

(1) Every person who registers shall receive a Record Book in the prescribed form.

(2) The entries in the Record Book shall relate to such matters and shall be made by such persons as the regulations prescribe.

(3) A copy of the entries in the Record Book shall be prepared by such persons and in such form and shall be retained by such persons as the regulations prescribe.

(4) The production of a Record Book, or of a book or document purporting to be a copy of the entries in a Record Book, shall be primâ facie evidence of the entries contained therein.


(e) The following new regulation 860a is inserted:—

(1) A Company Roll Book shall be kept by such persons as the regulations prescribe.

(2) The entries in the Company Roll Book shall relate to such matters and be made by such persons as the regulations prescribe.

(3) The production of the Company Roll Book shall be primâ facie evidence of the entries contained therein.

(f) Australian Military Regulation 861 is repealed and the following regulation inserted in its stead:—

861.—(1) The following shall be the prescribed information which shall be entered, as provided by section 146 of the Act, in the Record Book, namely:—

Table I.—Personal information, including the name in full, occupation, postal address of place of abode, and date of birth of person liable to be trained, together with the name in full, occupation, and postal address of his parent or guardian.

Table II.—Exemptions from training.

Table III.—Details of medical examination.

Table IV.—Change of address or occupation.

Table V.—Promotions, appointments, certificates of examination, badges, &c.

Table VIII.—Annual inspection of arms.

Table IX.—Annual inspection of equipment.

Table X.—Charges for loss and deterioration to arms, equipment, clothing, or other Government property.

Table XI.—Fines and payments.

Table XII.—Punishments.

Table XIII.—Distinctions.

Table XIV.—Details of Senior Cadet Service.

Table XV.—Details of service carried out in the Militia Forces.

(2) A copy of the entries in the Record Book shall be made and kept in such form as may be ordered by the Military Board.

(g) The following new regulation 861a is inserted:—

The following shall be the prescribed information which shall be entered, as provided by section 110a of the Act, in the Company Roll Book, namely:—

Names and ranks of persons belonging to the troop, squadron, battery, company, or other similar unit; particulars of drills held and the dates thereof, including, in the Militia Forces, Camps of Continuous Training; information showing whether each member has or has not attended each drill, provided that for this purpose the letter “P” shall denote “Present,” the letter “L” “Absent with leave,” the letter “A” “Absent without leave,” the letter “S” “Absence through sickness duly certified,” and the letter “D” “Present in detention.”

(h) Regulation 862 is amended by repealing the words “duplicate record book” and substituting therefor the words “prescribed copy of the entries in the Record Book.”

(i) Regulation 863 is amended by inserting after the words “Record Book” the words “and in the prescribed copy of the entries therein.”

(j) Regulation 864 is amended by inserting after the words “Record Book” the words “and in the prescribed copy of the entries therein.”

 

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. 92, enacted under the Defence Act 1903-1918, amends the Australian Military Regulations 1916 to update and refine the procedures and documentation related to military personnel records and training. This legislative instrument was introduced by the Federal Executive Council, acting under the authority of the Governor-General, to address the need for streamlined and accurate record-keeping in the military. The policy objective is to ensure that military personnel records are meticulously maintained and that there is a clear and legally binding system for documenting various aspects of military service, including training, exemptions, medical details, and disciplinary actions. These amendments aim to enhance the efficiency and reliability of the military's administrative processes by standardising the formats and protocols for maintaining essential records and ensuring that these records can be readily produced as evidence in official contexts.

Scope and Application

The Statutory Rules 1919, No. 92, made under the Defence Act 1903-1918, amend the Australian Military Regulations 1916 to refine the requirements for record-keeping within the military. These regulations apply to all personnel subject to military regulations, encompassing their conduct and transactions related to their service. They are in force across the Commonwealth of Australia, ensuring uniformity in the administration of military records. The regulations stipulate that certain books, such as the Record Book and Company Roll Book, must be maintained by prescribed individuals and contain specific entries. These entries must be accurately recorded and copies preserved as per the regulations. The regulations provide for the production of these books or their copies as prima facie evidence of the entries, thereby formalising the documentation of military service. Subordinate instruments may extend or modify the application of these regulations as necessary, ensuring the adaptability of military record-keeping practices.

Key Provisions

The main operative sections of these Regulations under the Defence Act 1903–1918 amend the Australian Military Regulations 1916 in several ways. Firstly, they modify Regulation 348 by replacing the requirement for a "duplicate" of entries with an "authorized copy" of the entries in the Record Book. Similarly, Regulation 370 now requires an "authorized copy of the entries" to be examined instead of just the original entries. The heading of Division 7 of Part 15 is amended to substitute "Sections 110a and 146d.a." for the previous "Section 146d.a." (a), (b), and (c). Regulation 860 is repealed and replaced with a new regulation that mandates that every person who registers must receive a Record Book, outlining the necessary entries and who must make them. A copy of the entries must be prepared and retained as prescribed. The production of a Record Book or a copy of its entries is considered prima facie evidence of the entries' content. (d), (e), and (f). These Regulations impose several obligations on parties governed by them. They require that a Record Book be issued to every person who registers, detailing specific information and who must make the entries. Additionally, a prescribed copy of these entries must be made and kept in a form ordered by the Military Board. The Regulations also require the keeping of a Company Roll Book, which must include names and ranks of personnel, details of drills, attendance records, and other relevant information. These books must be produced when required and are considered prima facie evidence of their entries. The amendments to Regulations 348, 370, 862, 863, and 864 ensure that authorized copies of the Record Book entries are used for examination and retention purposes. The Regulations impose specific offences, penalties, or consequences for breach, although the exact penalties are not detailed in the text. Generally, failure to comply with the requirements for maintaining Record Books and Company Roll Books, or producing them when required, could lead to civil or criminal consequences. Non-compliance with these obligations may result in legal actions being taken against the parties or entities involved, potentially leading to fines, imprisonment, or other penalties as prescribed by law. The precise penalties would be determined by the courts based on the severity and nature of the breach.

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