STATUTORY RULES.
1940. No. 2.
REGULATIONS UNDER THE DEFENCE ACT 1903-1939.*
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 1903-1939.
Dated this fourth day of January, 1940.
GOWRIE
Governor-General.
By His Excellency’s Command,
G. A. STREET
Minister of State for the Army.
Amendments of the Australian Military Regulations.†
Ranks and appointments of soldiers.
1. Regulation 64 of the Australian Military Regulations is amended—
(a) by inserting in paragraph (a) of the table in sub-regulation (1), after the symbols and words—
“ | ” |
„... | * Draughtsman (1st class). |
the symbols and words— | |
“ | ” |
„... | * Armament sergeant-major (1st class).”; |
and |
|
(b) by inserting in that paragraph, after the words “*Armament sergeant-major”, the words “(2nd class)”.
Order of precedence W.O.’s and N.C.O.’s.
2. Regulation 65 of the Australian Military Regulations is amended by inserting, at the end of sub-paragraph i of paragraph (a) of sub-regulation (1), the words “Armament sergeant-major (1st class).”.
Examination after change of arm in Citizen Forces.
3. Regulation 107 of the Australian Military Regulations is amended by omitting the words “eighteen months” and inserting in their stead the words “two years”.
* Notified in the Commonwealth Gazette on 11th January, 1940.
† 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; and 1939, Nos. 31. 51, 58, 115, 123, 134 and 160.
7058.—Price 3d.
Transfer to Unattached List.
4. Regulation 113 of the Australian Military Regulations is amended:—
(a) by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) An officer of the Active Citizen Forces—
(a) who has served in a regiment or corps as an officer for not less than five years; or
(b) on appointment as a staff officer, at any time,
may be transferred to the Unattached List.”;
(b) by omitting from sub-regulation (2) the words “although not qualified under the last preceding sub-regulation”; and
(c) by inserting, after sub-regulation (2), the following sub-regulation:—
“(2a) An officer in the Reserve of Officers shall, on appointment as a staff officer, be transferred to the Unattached List.”.
Transfer to Reserve of Officers.
5. Regulation 120 of the Australian Military Regulations is amended—
(a) by omitting from paragraph (c) of sub-regulation (1) the words “civil professional” and inserting in their stead the word “special”;
(b) by inserting in paragraph (f) of sub-regulation (1), after the word “the” (first occurring), the word “Active”; and
(c) by omitting, from paragraph (c) of sub-regulation (2), the words “civil professional” and inserting in their stead the word “special”.
Sections of Reserve of Officers.
6. Regulation 121 of the Australian Military Regulations is amended by omitting from sub-regulation (2) the words “civil professional” and inserting in their stead the word “special”.
Authority to appoint or promote N.C.O.’s.
7. Regulation 143 of the Australian Military Regulations is amended by omitting sub-paragraph (ii) of paragraph (a) and inserting in its stead the following sub-paragraphs:—
“(ii) in the Citizen Forces (other than the Australian Army Medical Corps)—by the C.O. of the unit to which the soldier belongs; and
(iii) in the Australian Army Medical Corps (Citizen Forces)—up to and including the rank of sergeant, by the C.O. of the unit to which the soldier belongs; and to ranks above the rank of sergeant, by the Deputy Director of Medical Services, or the Assistant Director of Medical Services, as the case may be, of the formation, &c., to which the soldier belongs; and”.
Open arrest.
8. Regulation 225 of the Australian Military Regulations is amended—
(a) by omitting, from paragraph (c) of sub-regulation (4), the words “use his own or any other mess premises, or”; and
(b) by omitting sub-regulation (6).
Modifications A.A. 59.
9. Regulation 351 of the Australian Military Regulations is amended by inserting in sub-regulation (1), after the word “India”, the word “Burma,”.
10. Regulation 387 of the Australian Military Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“Modification of A.A. 127.
(1) Courts martial for the trial of members of the Military Forces of the Commonwealth, whether within or outside the Commonwealth, shall, notwithstanding anything contained in A.A.127 and A.A.128 or in R.P. 73 (a), be subject to the provisions of section 31 of the Acts Interpretation Act 1901-1937, the Evidence Act 1905-1934 and section 6 of the Rules Publication Act 1903-1934”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.