STATUTORY RULES.
1944. No. 120.
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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 twenty-second day of August, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(Sgd.) F. M. FORDE
Minister of State for the Army.
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Amendments of the Australian Military Regulations †
Subdivision of Regulations.
1. Regulation 2 of the Australian Military Regulations is amended by omitting therefrom the figures “481” and inserting in their stead the figures and letter “481b”.
Modification of A.A. in its application to Military Forces.
2. Regulation 9 of the Australian Military Regulations is amended by inserting in paragraph (a) of sub-regulation (2a.), after the figures “176,”, the figures “176a.”.
3. After regulation 136 of the Australian Military Regulations the following regulation is inserted:—
Soldiers of the Permanent Forces who are appointed to commissioned rank in time of war and who, on the termination of their appointments, re-enlist.
“136a.—(1) A person who, being a soldier of the Permanent Forces (exclusive of that part of those Forces raised in time of war for war service) was appointed to commissioned rank in the Australian Military Forces in time of war and whose appointment to that rank is terminated shall, thereupon, subject to the provisions of A.M.R. 481b—
(a) be entitled to the same rights and privileges other than rank or grade and seniority as those to which he would have been entitled, if he had continued to serve as a soldier in the Permanent Forces during the period of his appointment to commissioned rank; and
* 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. 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, Nos. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 123, 134, 160 and 173; 1940, Nos. 2, 10, 29, 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 536; 1943, Nos. 17, 71, 126, 174, 199, 200, 217, 244, 245, 246, 249 and 258; 1944, Nos. 1, 39, 71 and 72.
3688.—Price 3d. 9/7.6.1944.
(b) if, within such time after the termination of the appointment as the Military Board determines, he re-enlists for service in the same body or corps of the Permanent Forces as that in which he was serving immediately prior to the appointment, he may be reinstated in that body or corps in a rank or grade, and with seniority, equivalent to that which he would have possessed if he had continued to serve as a soldier in that body or corps during the period of the appointment.
(2) For the purposes of this regulation “soldier” includes a warrant officer holding an honorary commission.”.
Adaptations of A.A. (War Service).
4. Regulation 266 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—
“(3) For the purpose of its application to the Military Forces, A.A.47 shall be read as if—
(i) in sub-section (2), after paragraph (a) (first occurring), there were inserted the following paragraph:—
‘(aa) A fine not exceeding Twenty pounds;’; and
(ii) in sub-section. (2), after paragraph (a) (second occurring), there were inserted the following paragraph:—
‘(aa) A fine not exceeding Twenty pounds;’.”.
Adaptations and modifications of A.A. (War Service).—A.A. 138.
5. Regulation 291 of the Australian Military Regulations is amended by omitting sub-paragraph (iii) of paragraph (c) and inserting in its stead the following sub-paragraph:—
“(iii) as if paragraphs (a) and (c) of the proviso were omitted;”.
Stoppages for fines, &c.,
6. Regulation 296 of the Australian Military Regulations is amended by omitting sub-regulation (3) and inserting in its stead the following sub-regulation:
“(3) If, by reason of any stoppage of pay pursuant to the provisions of sub-regulation (1) of this regulation or of any forfeiture of pay and allowances, there remains to the credit of an officer or soldier of the Citizen Forces on war service or of the Permanent Forces, a sum (excluding deferred pay) available for his own use less than one tenth of his daily pay (excluding deferred pay, if any) and allowances or—
(a) if he is serving in Australia, one shilling in Australian currency per day, or
(b) if he is serving outside Australia, one shilling in English currency per day,
whichever is the greater (hereinafter called the minimum allowance), he shall, during the period for which his pay is stopped or forfeited, be entitled to draw, as an advance against his future pay and allowances, such amount per day as shall, together with any amount (excluding deferred pay) then remaining to his credit, equal the minimum allowance:
Provided that a member shall not be entitled to any such advance during any period for which he is undergoing sentence of penal servitude, imprisonment, or detention, or field punishment in custody, or is absent from duty without leave.”.
Modifications of R.P. 26 (b).
7. Regulation 308 of the Australian Military Regulations is amended by omitting paragraph (bb) and. inserting in its stead the following paragraph:—
“(bb) R.P.26 (b)—
(i) as if the words ‘president first, and afterwards to the other’ were omitted; and
(ii) as if, at the end thereof, there were added the words ‘Where the court, is a district court martial consisting of one officer, that officer shall take the oath.’;”.
Promulgation (Peace and War Service).
8. Regulation 337 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:—
“(6) For the purpose of the application of A.A.57a to the Military Forces, whether on war service or not, any reference to ‘promulgation’ shall be read as meaning promulgation pursuant to the provisions of this regulation.”.
Modifications and Adaptations of A.A. 57A (Peace, and War Service).
9. Regulation 345 of the Australian Military Regulations is amended by omitting sub-paragraphs (3) and (4) from, paragraph (aa) and inserting in their stead the following sub-paragraphs:—
“(3) Where a sentence of penal servitude, imprisonment, detention or field punishment is suspended under this section before the soldier has been committed to prison or detention barracks, or, in the case of field punishment, at or before promulgation, the soldier, if in custody, shall be released and, notwithstanding anything in this Act or any regulation made under the Defence Act of the Commonwealth, the sentence shall not begin to run until an order is made under sub-regulation (6) hereof.
(4) Where a sentence of penal servitude, imprisonment, detention or field punishment is suspended under this section after the soldier has been committed to prison or detention barracks, or, in the case of field punishment, after promulgation, he shall be released, if in custody, and the currency of the sentence shall be suspended from the day on which he is released, or, if he is not in custody, from the date of the order suspending the sentence, until an order is made under sub-regulation (6) hereof.”.
Proof in proceedings for failure to enlist, &c.
10. Regulation 388a of the Australian Military Regulations is amended.—
(a) by omitting from sub-regulation (1) the words “attend for” (first occurring) and inserting in their stead the words “attend at, or proceed to, any place or give any information”; and.
(b) by inserting in sub-regulation (1), after the words “made thereunder”, the words “or any notice or order issued pursuant to that Act or any such regulation”.
11. After regulation 481a of the Australian Military Regulations the following regulation is inserted in Division 7 of Part VI. of those Regulations:—
Payment in lieu of furlough to members of the Permanent Forces who have enlisted, &c., in an Expeditionary Force.
“481b. When a member of the Permanent Forces who has enlisted in, been appointed or transferred to, or seconded for service with, any Expeditionary Force raised for service beyond the limits of the Commonwealth becomes, during the period of his service in that Expeditionary Force, entitled to furlough pursuant to the provisions of this Division, and the Military Board is of opinion that it is impracticable, owing to the exigencies of the service, to grant him that furlough, he shall be paid, in lieu of furlough, a sum equivalent to the pay and allowances for the period of the furlough prescribed by the War Financial (Military Forces) Regulations as payable to a member of the Forces of his rank in that Expeditionary Force at the time at which the Military Board approves of his application for payment.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.