STATUTORY RULES.
1944. No. 71.
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 nineteenth day of April, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Acting 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 omitting therefrom the words and figures—
“Division 14.—Australian Army Nursing Service.... 620-629”.
Precedence of Corps.
2. Regulation 68 of the Australian Military Regulations is amended by inserting in sub-regulation (1), after the words “The Australian Army Nursing Service,”, the following words:—
“The Australian Women’s Army Service,
The Australian Army Medical Women’s Service,”.
Appointments, &c., to be made by the Governor-General and by the Military Board.
3. Regulation 71 of the Australian Military Regulations is amended—
(a) by omitting sub-regulations (1) and (2) and inserting in their stead the following sub-regulations:—
“(1) Except as provided in D.A. 8a, every appointment to commissioned rank, every promotion, resignation or retirement of an officer, every appointment to the command of a regiment, battalion or an equivalent or superior command, every appointment or transfer of an officer to or from a corps of the Permanent Forces, a half-pay list, the Unattached List, the Reserve Forces or the Retired List, and every secondment of an officer for any of the reasons specified in paragraphs (d), (e), (f), (ff) and (g) of A.M.R. 109 shall be made or approved by the Governor-General.
* Notified in the Commonwealth Gazette on , 1944.
† Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No.128; 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, 160, and 173; 1940, Nos. 2, 16, 20, 59, 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; 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 1944, Nos.1 and 39.
1443.—Price 3d. 9/11.3.1944.
(2) Except as provided by sub-regulation (1) of this regulation, every appointment of an officer to, or transfer of an officer to or from, and every secondment of an officer in, a corps, regiment or battalion or equivalent command or unit, an arm, service or department, or a supernumerary, general or special list shall be made or approved by the Military Board.
(3) Every appointment, promotion, transfer, secondment, resignation or retirement required by the Act or by sub-regulation (1) of this regulation to be made or approved by the Governor-General shall be notified in the Gazette.
(4) Every appointment of an officer of the Permanent or Citizen Forces to the staff of a formation superior to a regiment, battalion or equivalent command shall, if the officer is above the rank of Lieutenant-Colonel or the appointment is to a position for which a rank above that of Lieutenant-Colonel has been approved or provided, be made or approved by the Governor-General and notified in the Gazette.”;
(b) by re-numbering sub-regulation (3) to be sub-regulation (5); and
(c) by adding at the end thereof the following sub-regulation:—
“(6) Every appointment, transfer or secondment of an officer made or approved by the Military Board under this regulation shall take effect as from the date of making or approval by the Military Board or from such earlier date as the Military Board directs.”.
When seconded.
4. Regulation 109 of the Australian Military Regulations is amended by omitting from sub-regulation (1) the words “on the recommendation of the Military Board” and inserting in their stead the words “subject to the provisions of A.M.R. 71”.
Uniform while on Retired List.
5. Regulation 128 of the Australian Military Regulations is amended by adding at the end of sub-regulation (1) the words “on such occasions as are authorized by the Military Board”.
Investigation of charges and power of C.O.
6. Regulation 239 of the Australian Military Regulations is amended by omitting sub-paragraph (ia) of paragraph (c) of sub-regulation (2).
Disposal of charges by one summary award.
7. Regulation 249a of the Australian Military Regulations is amended—
(a) by inserting in sub-regulation (1), after the figures “245”, the words “and by this regulation”;
(b) by omitting from that sub-regulation the word “may” and inserting in its stead the word “shall”; and
(c) by adding at the end thereof the following sub-regulation:—
“(3) In any case where an officer is investigating charges against a soldier who is absent from his unit he may deal with such of those charges as, in his opinion, may appropriately be dealt with by him and remand the soldier to the C.O. of his unit on the remaining charges.”.
8. Regulation 256 of the Australian Military Regulations is amended—
Reduction to ranks—whether on war service or not.
(a) by inserting in paragraph (da) of sub-regulation (2), after the word “Corporal”, the words “or Bombardier”; and
Deduction of pay on war service.
(b) by adding at the end of paragraph (g) of that sub-regulation the words “but not exceeding the sum of Five pounds”.
Restriction on summary punishment of W.O.’s and N.C.O.’s.
9. Regulation 262 of the Australian Military Regulations is amended by inserting in sub-regulation (3), after the words “under paragraph”, the letters and symbols “(da)”.
When pay and allowances not to be stopped.
10. Regulation 295 of the Australian Military Regulations is amended by omitting from paragraph (a) of sub-regulation (1) the words “imprisonment or detention” and inserting in their stead the words “imprisonment, detention or field punishment”.
Illegal proceedings not to be confirmed or if confirmed to be quashed. (Peace and war service.)
11. Regulation 338 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “or to the Judge-Advocate-General or a Deputy Judge-Advocate-General”.
Modifications and adaptations of A.A. 57A.
12. Regulation 345 of the Australian Military Regulations is amended by inserting in sub-paragraph (7) of paragraph (aa), after the words “exceed three”, the word “consecutive”.
Documentary evidence.
13. Regulation 388 of the Australian Military Regulations is amended—
(a) by adding at the end of paragraph (l) the words “, without proof that the signature in the certificate is that of a civil or military censorship authority or officer and without proof of the signatory’s official capacity”; and
(b) by inserting in paragraph (m), after the word “averment” (second occurring), the words “was posted or despatched by that member or other person, as the case may be,”.
14. Regulation 391 of the Australian Military Regulations is repealed and the following regulation inserted in its stead:—
Proceedings of court of inquiry and report of investigating officer.
“391. (1) The proceedings of a court of inquiry (not being a court of inquiry under A.M.R. 276) or of a board, or the report of an investigating officer (other than an investigating officer appointed pursuant to A.M.R. 278a) or any confession or statement made, or any answer to a question given, at any such court of inquiry or board or to any such investigating officer shall not be admissible in evidence against an officer or soldier before a court-martial or before a civil court in any prosecution for an offence for which he could have been tried by court-martial; and any evidence respecting the proceedings of such a court of inquiry or board or the investigation by such an investigating officer shall not be given against an officer or soldier before a court martial or before a civil court in a prosecution for an offence for which he could have been tried by court-martial, except upon the trial of an officer or soldier for an offence against A.M.R. 204 or A.A. 29 or otherwise for wilfully giving false evidence before that court of inquiry or board or wilfully making false statements to that investigating officer, or for any offence committed before that court of inquiry or board
which, if committed before a court-martial, would amount to contempt of court, or for disobeying a lawful command by refusing to take an oath or make a solemn declaration legally ordered to be taken or made, or to answer any question or to produce any document which, if the proceedings before the court of inquiry or board or the investigation by the investigating officer were a judicial proceeding, the officer or soldier could legally be required to answer or produce:
Provided that, if at the trial of an officer or soldier the proceedings or any part of the proceedings of a court of inquiry or board or the report or any part of the report of an investigating officer are put in evidence on behalf of the officer or soldier, or any question with reference to the contents of those proceedings or that report is put on behalf of the officer or soldier to, and answered by, any witness, the prosecutor may use those proceedings or that report at the trial for the purpose and to the extent, if any, for and to which he could have used them if this regulation did not exist.
(2) For the purposes of this regulation the ‘report’ of an investigating officer shall include all statements by witnesses and other documents of whatsoever nature annexed to, or referred to in that report.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.