STATUTORY RULES.
1942. No. 477.
REGULATIONS UNDER THE DEFENCE ACT 1903-1941.*
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 1903-1941.
Dated this twenty-ninth day of October, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
Amendments of the Australian Military Regulations.†
Subdivision of Regulations.
1. Regulation 2 of the Australian Military Regulations is amended by inserting after the words and figures—
“Division 6.—Training abroad and attachment to
Military Forces...................................................................................832-833”
the words and figures—
“Division 7.—Wills........................................................................................834”.
Advancement of quartermasters.
2. Regulation 91 of the Australian Military Regulations is amended by omitting the words “promoted to be” and inserting in their stead the words “granted a step in honorary rank to”.
3. Regulation 188 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—
When discharge requiring confirmation takes effect.
“188.—(1.) Except as provided in sub-regulation (2) of this regulation, a discharge confirmation of which is required by A.M.R. 185 shall take effect as on and from the date upon which it is confirmed.
(2.) The discharge of a member of the Military Forces who has enlisted in an expeditionary force raised for service outside Australia may be confirmed to take effect as on the date of the member’s enlistment in that force.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 50, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; and 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350 and 417.
6567.—Price 3d. 25/22.9.1942.
Adaptations of R.’s P. 51, 56 and 57. (Peace and war service.)
4. Regulation 329 of the Australian Military Regulations is amended by inserting at the end of paragraph (b) the following sub-paragraph:—
“(iv) At the end thereof the following sub-rule were added:—
‘(2.) A charge sheet may be signed by a staff officer on behalf of a convening officer, and the fact that it is so signed shall be sufficient evidence that the convening officer for whom it is signed has approved of the charge sheet and has directed the trial in accordance with the directions endorsed on it.’”.
Rank on appointment.
5. Regulation 557 of the Australian Military Regulations is amended by omitting from sub-regulation (2.) the words “on probation for a period of six months” and inserting in their stead the word “provisionally”.
Promotion of officers.
6. Regulation 558 of the Australian Military Regulations is amended—
(a) by omitting from sub-regulation (1.) the word “Two” (first occurring) and inserting in its stead the word “Three”;
(b) by inserting in that sub-regulation after the word “examination” (second occurring), the words “and shall be graded as shown opposite that rank in Column Two of that table”; and
(c) by omitting from that sub-regulation the table set out therein and inserting in its stead the following table:—
Column One. | Column Two. | Column Three. |
Rank. | Grade. | Examination. |
Lieutenant............. | Ordnance Mechanical Engineer (4th Class) | Either of the examinations specified in A.M.R. 557 |
Captain............... | Ordnance Mechanical Engineer (3rd Class) | The Captain’s (A.A.O.C. (P.)) Examination |
Major................ | Ordnance Mechanical Engineer (2nd Class) | The Major’s (A.A.O.C. (P.) Examination |
Lieutenant-Colonel....... | Ordnance Mechanical Engineer (1st Class) | The Lieutenant-Colonel’s (A.A.O.C. (P.) Examination.” |
Grading.
7. Regulation 622 of the Australian Military Regulations is amended by inserting, below the word “Matron”, the words “Senior Sister”.
Corresponding rank.
8. Regulation 623 of the Australian Military Regulations is amended by inserting after the words.—
“Matron.......................................................... „ ..................Major.”
the words—
“Senior Sister................................................. „ ..................Captain”.
9. After regulation 833 of the Australian Military Regulations the following heading and regulation are added:—
“DIVISION 7.—WILLS.
Wills of members of the Forces.
834.—(1.) This regulation shall apply to—
(a) every member of the Military Forces or of the Australian Army Nursing Service on war service who has attained the age of twenty-one years; and
(b) every member of the Military Forces or of the Australian Army Nursing Service on war service who is under the age of twenty-one years but who is in actual military service within the meaning of the provisions of any Act, State Act or Ordinance of a Territory of the Commonwealth, relating to soldiers’ wills.
(2.) Except as provided in the next succeeding sub-regulation, each member to whom this regulation applies shall, within three months of the date upon which the regulation first applies to him—
(a) make a will on such form as the Military Board approves, or
(b) if he has made a will which is in existence and valid, certify, on such form as the Military Board approves, as to the whereabouts of the will.
(3.) A member shall not be required to comply with the provisions of the last preceding sub-regulation if—
(a) a will made before the commencement of this regulation, being his last will and valid, has been deposited in the custody of the officer-in-charge of a District Records Office, or
(b) before the commencement of this regulation he furnished a notification which, if made after its commencement, would have constituted a substantial compliance with its provisions.
(4.) Each member to whom this regulation applies who marries or otherwise revokes a will executed, deposited or the whereabouts of which has been notified in accordance with sub-regulation (2.) or (3.) of this regulation shall, within one month after the marriage or other mode of revocation, make a will, or certify as to the whereabouts, of a will, in accordance with the provisions of sub-regulation (2.) of this regulation.
(5.) The C.O. of any member who executes a will or furnishes a certificate in accordance with sub-regulation (2.) or (4.) of this regulation shall, upon completion of the document, take possession of it and forward it for custody to the officer-in-charge of the District Records Office of the District in which the member enlisted or was appointed.
(6.) Where any member to whom this regulation applies makes a codicil to his will, the provisions of this regulation shall apply in relation to the codicil in like manner as if it were a will.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.