Australian Military Regulations (Amendment)

Administered by Department of Defence

Legislation au F1997B00115 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1950. No. 29.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1949.*

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 1903-1949.

Dated this twenty-first day of June, 1950.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

 

Amendments of the Australian Military Regulations.†

Modification of A.A. in its application to Military Forces.

1. Regulation 9 of the Australian Military Regulations is amended—

(a) by inserting in the table in paragraph (b) of sub-regulation (2a.) of that regulation, after the figures and words “ 31 | Omit paragraphs (1) to (7.) (both inclusive) ” the words and figures “ 45 | Omit the proviso to paragraph (1.) ” ; and

Modification of R.P. in their application to Military Forces.

(b) by inserting in sub-regulation (2b.), after the word “ Rules ” (first occurring), the figure “ 1,”.

2. Regulation 224 of the Australian Military Regulations is repealed and the following regulation inserted in its stead :—

Detention in Military custody— Reports. (Peace and war service.)

“ 224.—(1.) Except as provided by sub-regulation (2.) of this regulation, where an officer or soldier remains in military custody for a longer period than eight days without a court-martial for his trial being ordered to assemble or his being brought before a civil court, a special report of the reason for the delay in his being brought to trial shall be made by his C.O. immediately after the expiration of the period of eight days, and a similar report shall be made immediately after the expiration of each succeeding period of eight days until a court-martial is assembled or the officer or soldier is brought before a civil court or released from military custody.

 

* Made under the Defence Act 1903-1949 on 21st June, 1950 ; notified in the Gazette on 29th June, 1950.

† 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, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1944, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 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; 1943, Nos. 17, 72, 126, 174, 199, 200, 219, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 69, 71, 72, 114, 120, 122, 154 and 164; 1945, Nos. 6, 19, 38, 42, 68, 91, 111, 141 and 195; 1946, Nos. 72, 113, 114, 116 and 150; 1947, Nos. 25 and 59; 1948, Nos. 49, 59, 65 and 79; Nos 55 and 68; and 1950, Nos. 10 and 21.

2021.—Price 3d. 9/11.5.1950.


“ (2.) If, on active service, it is not practicable to make the special report immediately after the expiration of the period of eight days, the report shall be made as soon thereafter as is practicable but not later than thirty days after the date upon which the officer or soldier is placed in military custody.

“ (3.) A special report under sub-regulation (1.) or sub-regulation (2.) of this regulation shall be made by means of a letter from the C.O. of the officer or soldier in military custody addressed to the officer to whom application would be made to convene a court-martial for the trial of the officer or soldier.

“ (4.) Except as provided by sub-regulation (5.) of this regulation, where an officer or soldier remains in military custody for a longer period than thirty days without his being brought to trial before a court-martial or a civil court, a special report of the reason for the delay in his being brought to trial shall be made immediately after the expiration of the period of thirty days.

“ (5.) If, on active service, it is not practicable to make a special report under sub-regulation (4.) of this regulation immediately after the expiration of the period of thirty days, the report shall be made as soon thereafter as is practicable.

“ (6.) A special report under sub-regulation (4.) or sub-regulation (5.) of this regulation shall be made by the officer to whom application has been made, or would be made, to convene a court-martial for the trial of the officer or soldier and shall be by means of a letter addressed to the Adjutant-General.

“ (7.) An officer to whom a report is made under this regulation shall promptly acknowledge receipt of the report and shall take such action as is necessary to satisfy himself as to the necessity for the retention in military custody of the officer or soldier who is the subject of the report.”.

Venereal disease.

3.— (1.) Regulation 826 of the Australian Military Regulations is repealed.

(2.) This regulation shall be deemed to have come into operation on the tenth day of January, 1950.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

 

Overview

The Statutory Rules of 1950, No. 29, made under the Defence Act 1903-1949, amend the Australian Military Regulations to enhance the procedural safeguards for military personnel detained in custody. The enactment addresses the need to ensure timely reporting and accountability in the case of delays in bringing military personnel to trial, thereby safeguarding their rights and maintaining the integrity of military justice. The Regulations are made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to streamline the process of reporting delays in trials for military personnel in custody.

Scope and Application

The Regulations Under the Defence Act 1903-1949, made on 21st June, 1950, and notified in the Gazette on 29th June, 1950, apply to military forces within the Commonwealth of Australia. These regulations modify existing provisions in the Australian Military Regulations, specifically addressing the detention in military custody and the procedures for reporting delays in bringing officers or soldiers to trial. They also modify rules regarding venereal disease within the military. The regulations mandate that if an officer or soldier remains in custody for more than eight days without trial, a special report must be made by the commanding officer to the relevant authority. If the delay extends beyond thirty days, a further report is required. The regulations are designed to ensure transparency and accountability in the military justice system by requiring timely reporting on the status of personnel in custody. The provisions apply to all military personnel and are enforced through subordinate instruments as specified in the regulations.

Key Provisions

The primary sections of these Regulations under the Defence Act 1903-1949 modify the Australian Military Regulations. Regulation 9 is amended to adjust the figures and provisos in sub-regulation (2a) and sub-regulation (2b) (paragraphs 1 and 2). Specifically, Regulation 9(2a) now includes the insertion of "45 | Omit the proviso to paragraph (1.)" and Regulation 9(2b) now includes the insertion of "1," after the word "Rules" (first occurring). Regulation 224 is repealed and replaced with a new regulation that mandates a special report be made by a Commanding Officer (C.O.) if an officer or soldier remains in military custody for more than eight days without being brought before a court-martial or a civil court. This report must be made immediately after the eight-day period and again every eight days thereafter until the individual is brought to trial or released. If on active service, the report can be delayed but must be made within thirty days of the individual being placed in custody. The report must be made by letter addressed to the appropriate officer or the Adjutant-General. These Regulations impose specific obligations on the military authorities concerning the detention of personnel and the reporting requirements when an officer or soldier is held in custody. Commanding Officers are required to submit special reports if an individual remains in custody beyond eight days, detailing the reasons for the delay. If the individual remains in custody beyond thirty days, another special report must be made by the officer who would convene a court-martial. These reports must be submitted in writing and acknowledged by the recipient, who must then take appropriate action to address the necessity of continued detention. Breach of the obligations under these Regulations can lead to serious consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, failure to submit the required reports could be interpreted as neglect of duty or failure to adhere to military law, potentially leading to disciplinary action under the Defence Act 1903-1949 or other relevant military regulations. Such disciplinary actions might include administrative penalties, demotion, or other forms of punishment as deemed appropriate by the military authorities.

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