STATUTORY RULES.
1943. No. 200
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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 sixteenth day of August, 1943
Governor-General.
By His Excellency’s Command,
Minister of State for the Army.
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Amendments Of The Australian Military Regulations. †
Authority to appoint and promote W.O. s.
1. Regulation 142 of the Australian Military Regulations is amended by inserting in sub-regulation (1.), after the words “Adjutant-General” (first occurring), the words “or a Deputy Adjutant-General at the head-quarters of the Australian Military Forces”.
Disposal of charges by one summary award.
2. Regulation 249a of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Where a C.O. makes one award in respect of more than one charge the punishment awarded shall not exceed the maximum punishment which the C.O. is empowered to award in respect of any one charge.”.
Illegal or excessive punishments.
3. Regulation 265 of the Australian Military Regulations is amended—
(a) by inserting in sub-regulation (3.), after the word “remit”, the words “or commute”; and
(b) by inserting in that sub-regulation, after the word “remission” the words “or commutation”.
* Notified in the Commonwealth Gazette on , 1943.
† 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. 20 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 15; 1938, Nos. 75, 90 and 93; 1939, No. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 245, 246, 260 and 311; 1942. Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; and 1943, Nos. 17, 72, 120 and 174.
4140.—Price 3d. 26/9.7.1043.
Deserters, &c., surrendering to or arrested by police within Commonwealth or Territory, how dealt with.
4. Regulation 283 of the Australian Military Regulations is amended—
(a) by inserting in the form in sub-regulation (7.), after the words and symbols “(Regiment, Corps)”, the words “dressed in (Military Uniform)/(Civilian Clothes)” and
(b) by omitting from the form the words “as (an absconder) (a deserter) (from the Military Forces) (a person liable to be tried by court martial for an offence)”.
Joinder of charges.
5. Regulation 316 of the Australian Military Regulations is amended by omitting sub-regulation (2.).
Documentary evidence.
6. Regulation 388 of the Australian Military Regulations is Documentary amended by omitting the words “a member of the Military Forces” (first occurring) and inserting in their stead the words “any person”.
Intoxicants not to be taken into hospitals, &c.
7. Regulation 801 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulations:—
“(2.) In any prosecution for a contravention of tins regulation, the averment of the prosecutor that any liquor is intoxicating or spirituous liquor shall be prima facie evidence of the matter averred.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.