STATUTORY RULES.
1923. No. 9.
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 unless otherwise specified.
Dated this thirty-first day of January, 1923.
FORSTER,
Governor-General.
By His Excellency’s Command,
GRANVILLE RYRIE,
For Minister of State for Defence.
Australian Military Regulations 1916.
Amendments.
A. Regulation 225 is amended by deleting the words “Barrack-square, Thursday Island” wherever they occur,
B. Regulation 505 is amended by—
(a) In sub-regulation (1) next after the words “Army Act” inserting the words “(in this regulation called a military offence)”, and
(b) In sub-regulation (3) omitting the words “ such offence as is mentioned in sub-regulation (1) of this regulation” and substituting the words “military offence”; omitting the words “proceedings are” and substituting the words “prosecution is”; and omitting the word “proceedings” where it last occurs and substituting the word “prosecution”.
(c) Inserting the following sub-regulation next after sub-regulation (3):—
“(3a) An officer or soldier under suspension shall be deemed to have been suspended in respect of every military offence which, before the suspension is removed, is alleged or suspected to have been committed before or after the suspension began and in respect of every prosecution which is commenced before the suspension is removed.”
C.593.—Price 3d.
C. Regulation 588a is amended by—
(a) in sub-regulation (1) thereof deleting the words “general or district”;
(b) repealing sub-regulation (2) thereof;
(c) in sub-regulation (3) thereof deleting the word “general”; and
(d) in sub-regulation (4) thereof deleting the word “general” the words “or is appointed to a district court martial ” and the words “or appointment.”
D. Regulations 717 to 726 inclusive are repealed.
E. Regulations 1112 to 1117 inclusive are repealed as from 5th December, 1922.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Australian Military Regulations 1923, as a statutory rule, were enacted to amend the existing Australian Military Regulations 1916 under the Defence Act 1903-1918. The need for this legislative instrument arose from the necessity to update and refine the military regulations to reflect the changing circumstances and requirements of the Commonwealth of Australia's defence operations during and after the First World War. The regulations were made by the Governor-General in Council, with the aim to streamline and clarify the legal framework governing military discipline and procedures. The stated objective of these amendments was to ensure that the military justice system was effective and responsive to the needs of the defence forces, without providing specific details of each alteration or its implications.
Scope and Application
The Australian Military Regulations 1916, as amended by Statutory Rules 1923 No. 9, apply to military personnel and activities governed by the Defence Act 1903-1918. These regulations are applicable to all members of the Australian military, including officers and soldiers, and cover conduct and transactions within the military context. The regulations extend to the Commonwealth of Australia and are designed to govern military operations and discipline. Notably, the regulations have been amended to clarify certain definitions and procedures related to military offences and suspensions, impacting the prosecution and handling of military misconduct. The regulations also include specific amendments to certain sub-regulations, such as the removal of references to Barrack-square, Thursday Island, and adjustments to the wording related to military offences and prosecutions. Additionally, certain sub-regulations have been repealed, streamlining the regulations to better suit contemporary military governance needs. The amendments and repeals in this legislative instrument aim to refine and update the military regulations in accordance with the evolving requirements of the Australian Defence Force.
Key Provisions
The key operative sections of this legislation include amendments to the Australian Military Regulations 1916. Regulation 225 is altered by removing references to "Barrack-square, Thursday Island" (A). Regulation 505 is amended to define what constitutes a "military offence" and to adjust terminology related to prosecution and proceedings (B). Additionally, sub-regulation (3a) is inserted, deeming suspended officers or soldiers accountable for military offences and prosecutions occurring during their suspension period (C). Regulation 588a undergoes modifications by removing references to "general or district" and repealing sub-regulation (2), along with other adjustments in sub-regulations (3) and (4) (C). Furthermore, Regulations 717 to 726 and Regulations 1112 to 1117 are repealed, with the latter effective from 5 December 1922 (D and E).
These regulations impose various obligations and requirements on military personnel. Officers and soldiers under suspension are held accountable for any military offences committed before or during their suspension, as well as any prosecutions initiated during that period (Regulation 505(3a)). The terminology changes in Regulation 505 aim to clarify legal proceedings related to military offences. The removal of specific references and sub-regulations in Regulation 588a likely streamlines the procedures or roles associated with military courts or disciplinary actions. The repeal of Regulations 717 to 726 and 1112 to 1117 indicates a revision or consolidation of existing military regulations, possibly to reflect changes in military operations or governance.
Breaches of these regulations may lead to both civil and criminal consequences, although specific penalties are not detailed in the provided text. Typically, military offences under the Defence Act 1903-1918 can incur penalties ranging from fines to imprisonment, depending on the severity of the offence. For instance, under the Army Act, punishments may include dismissal from service, fines, and imprisonment. The exact penalties for specific breaches would be outlined in the relevant sections of the Defence Act or the Army Act, which are not detailed in the provided legislative instrument. However, it is clear that non-compliance with these regulations could result in serious repercussions for the individuals involved.