Military Forces of the Commonwealth Regulations

STATUTORY RULES.

1905. No. 56.

REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.

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 Acts 1903-1904, to come into operation on the first day of October, 1905.

Dated this 22nd day of September, One thousand nine hundred and five.

NORTHCOTE,

Governor-General.

By His Excellency's command—

T. PLAYFORD.

The Provisional Regulations for the Military Forces of the Commonwealth made on the eighteenth day of February, 1904, are hereby repealed.

DEFINITIONS.

1. " Head Quarters " means the office of the Central Administration.

2. " District Head-Quarters " means the Office of a District Commandant.

3. " Military Decoration " means any medal, clasp, good conduct badge or decoration.

4. "Superior Officer" when used in relation to a soldier, includes a Warrant Officer not holding a commission, and also a Non-commissioned Officer.

5. " The Act " means the Defence Acts 1903-1904.

6. " Rank," unless it is otherwise stated, means, in the case of an Officer, the highest permanent rank held by him, when serving, whether substantive, brevet, or honorary.

7. " Substantive Rank " shall include all rank, except brevet, honorary, local, and temporary.

8. The term " defaulter sheet " or " defaulter book," without the prefix " regimental," will be understood to mean the squadron, battery, or company defaulter sheet or book.

9. The term " company " will be understood to mean squadron, battery, of company, as the case may be, according to the nomenclature of the portion or the Defence Force to which any regulation may be applied, and includes any corresponding subdivision, such as a supply column.

ABBREVIATIONS.

C.M.R.=Commonwealth Military Regulations.

C.M.F.=Commonwealth Military Form.

C.M.B.=Commonwealth Military Book.

D.A.=Defence Acts 1903-1904

Regulations referring to Permanent Forces only are marked with the letter "P." in the margin; to Citizen Forces only, with the letter "C"; to Militia Forces only, with the letter "M."; and to Volunteer Forces only, with the letter "V."

Paragraphs of the Regulations which have been amended, or redrafted, or are new, are denoted by a black line in the margin.

PART II.

REGULATIONS UNDER THE DEFENCE ACTS 1903-1904.

1. THE COUNCIL OF DEFENCE.

Constitution.

The Council of Defence consists of regular members and consultative members.

Regular members.

The regular members are the Minister of State for Defence (who is the President), the Treasurer, the Inspector-General, the Director of the Naval Forces, and the Chief of Intelligence.

Consultative members.

The consultative members, at a meeting of the Council, are such officers of the Citizen Forces and expert advisers as are summoned by the President to that meeting.

Meetings.

Meetings of the Council are convened by the President. The President presides at all meetings at which he is present. If the President is not present at a meeting, the Treasurer, if present, shall preside; and if the Treasurer is not present, the members present may appoint one of their number to preside.

Quorum.

Three regular members constitute a quorum of the Council.

Secretary.

The Permanent Head of the Department of Defence is the Secretary to the Council.

Minutes.

Minutes are kept of the proceedings of all meetings of the Council.

POWERS AND FUNCTIONS OF THE COUNCIL OF DEFENCE.

The Council of Defence inquires into, discusses, and records opinions upon matters submitted to it by the Minister affecting—

THE MILITARY BOARD.

2.

CONSTITUTION OF THE BOARD OF ADMINISTRATION FOR THE MILITARY FORCES.

Constitution.

The Military Board consists of regular members and consultative members.

Regular members.

The regular members are the Minister (who is President of the Board), the Deputy Adjutant-General, the Chief of Intelligence, the Chief of Ordnance, and the Finance Member.

Consultative members.

The consultative members, at a meeting of the Board, are such officers of the Citizen Military Forces as are summoned by the President to that meeting.

Meetings.

Meetings of the Military Board are convened by the President. In the absence of the President, the Senior Military Officer present shall preside.

Quorum.

Three members constitute a quorum.

Minutes.

Minutes are kept of the proceedings of all meetings of the Military Board.

POWERS AND FUNCTIONS. OF THE MILITARY BOARD.

The Military Board, subject to the control of the Minister, is charged with the administration of all matters relating to the Military Forces.

Members of the Board and Officers appointed in connexion therewith severally exercise such powers and perform such duties as are from time to time assigned to them by the Minister.

THE INSPECTOR-GENERAL.

3.

The Inspector-General of the Military Forces inspects the Military Forces of the Commonwealth, and the Military Forts and Defence Works and Buildings. He reports upon the results of the administration of the Forces, the efficiency of the troops, the system of training, the equipment, the preparedness of the Forces for war, and the state and condition of all Defence Works, Buildings, and Stores.

He furnishes an Annual Report to the Military Board on the 1st January, and intermediate Reports whenever he thinks fit, or is so requested by the Minister or the Board.

He is President of a Board appointed to consider all promotions to ranks above the rank of Captain.

By virtue of his office, he takes rank and precedence as the senior officer of the Military Forces of the Commonwealth.

MILITARY DISTRICTS.

4. The undermentioned States of the Commonwealth, viz. :—

are appointed Military Districts under the Act.

PRECEDENCE OF CORPS.

Precedence of Corps.

5. The following is the order of precedence in the Military Forces of the Commonwealth :—

* The Royal Australian Artillery Regiment (if mounted), and the Batteries of Australian Field Artillery (if allotted to units of Light Horse) on ceremonial parade with their guns, to take the right, and march at the head of the Light Horse Regiments.

A 2

Units of same Arm.

Different units of the same Arm take precedence in accordance with their numerical succession, except that a unit of the Permanent Forces shall always take precedence of a unit of the same Arm not forming part of the Permanent Forces, and in like manner a unit of the Militia Forces shall take precedence of a unit of the same Arm of the Volunteer Forces. Units which are not included in any numerical succession will take precedence by Military Districts and in accordance with the order given in the authorized Military Forces List.

On parade or for the purposes of manœuvring, units will be distributed and drawn up in the mode which the officer in command of such parade or manœuvres may deem most convenient.

COMMAND, RANK, PRECEDENCE, ETC., OF OFFICERS.

Command.

6. An officer appointed to command, or an officer appointed second in command of a regiment in the Defence Force, shall exercise command over any other officers serving therein, irrespectively of the date of commission. All other officers doing duty with their regiments shall take rank according to their dates of appointment in that rank to such regiments, whether promoted on full pay or appointed from half-pay; and all officers serving together with officers of other corps shall take rank according to the dates of their respective appointments to that rank in the Defence Force. Should two officers of the same rank have been gazetted to such rank with the same date, their precedence shall, except in the case of an officer appointed to command a regiment or battalion, be determined by the date of their previous commissions, or in the case of first commissions by the order in which their names appear in the Gazette. (Sec. 19. D.A.)

Half-pay, ill-health.

7. If an officer be placed on half-pay on account of ill-health caused by military service, or under circumstances over which he had no control, and be subsequently brought back to full pay in the same rank and corps or department, he shall for precedence in his rank take the same numerical position as he occupied when placed on half-pay.

Half-pay on account of wounds, &c.

8. If an officer placed on half-pay on account of wounds, or of sickness caused by active service in the field, be subsequently brought back to full pay in the same rank and corps or department, he shall, for precedence in his rank, revert to the original position in relation to the officers of his corps or department held by him when placed on half-pay, except that, should any officers have been promoted during his absence, he shall not be entitled to supersede them in the rank to which they had been promoted, nor have any right himself to promotion, until after his restoration to full pay in the corps or department, and then only in ordinary succession.

Imperial officers.

9. Officers of His Majesty's Imperial Regular Forces, whilst holding local commissions conferred upon them by the Governor-General, shall take rank with officers of the Military Forces according to the dates of their respective local commissions.

Exercise of command.

10. The function of command is to be exercised by the senior combatant officer, except in cases where an officer has been specially appointed to the command of a body of forces or appointed to the command of a corps, irrespective of the branch of the service to which he belongs.

In the case of a District Commandant being temporarily absent from his district, or unable for temporary reasons to perform his duties, the functions of his command may be administered by the senior or other staff officer present, subject to the approval of the Military Board.

Notwithstanding the above, the Inspector-General shall be entitled to assume command at any parade of the Military Forces not being a parade held in time of war.

Command of detachments.

11. When units or detachments of different corps are employed together on any duty, each unit and detachment will, subject to the orders of the officer commanding the whole body, act under the immediate authority of its own commander in matters of a purely regimental character.

Local and temporary rank.

12. Subject to the fact that any officer, whether of permanent, local or temporary rank, may, as described in paragraph 10, be specially appointed to any particular command, an officer granted local rank by the Governor-General holds the same advantages of precedence and command as permanent rank so long as the officer is holding the appointment for which it is given.

Officers appointed to act temporarily in a higher rank shall take rank among themselves, while so acting, according to the dates of their temporary appointments, but as junior to all permanent officers of the same grade.

Brevet rank.

13. Brevet rank will only be given for Distinguished Service in the Field. Brevet rank in the Military Forces does not count in calculating seniority within the regiment or corps to which the officer belongs, nor for pay and allowances, in which cases the substantive rank is alone to be considered.

Honorary rank.

14. Honorary rank shall not confer the right of any command other than that to which the holder may be entitled by reason of his substantive commission; but an officer holding honorary rank will, in virtue of such honorary rank, be entitled to such other privileges, excepting of pay, allowances, promotion, or retirement, as may belong to the corresponding substantive rank.

Departmental and other officers.

15. Departmental officers shall be entitled to precedence, and, subject to the regulations for pay, &c., other advantages attached to the corresponding rank of combatant officers. Such rank or position will not, however, entitle the holder of it to the presidency of courts-martial, or to military command of any kind except over such officers and men as may be specially placed under his command, provided that an officer of the Army Ordnance Department will be the officer of, and will command, the Army Ordnance Corps.

Officers of the Australian Army Medical Corps will not be entitled to the presidency of courts-martial, nor will they exercise any military command outside their corps, except over such officers and soldiers as may be attached thereto for duty, and over all patients in military hospitals.

Officers resigning.

16. Officers relinquishing their commissions are not to be considered as retaining any rank in the service, either on account of such commissions or of any brevet commission they may have held, except in cases specially approved by the Governor-General.

Corresponding Ranks in the Military and Naval Forces of the Commonwealth.

Corresponding rank gives no claim to command.

17. Nothing contained in these Regulations is to give a claim to any officer of the Naval Forces to assume command of the Commonwealth Military Forces on shore, nor to any officer of the Commonwealth Military Forces to assume command of any of the ships of the Commonwealth, or any of the officers or men thereunto belonging, unless under special authority from the Governor-General for any particular service.

18.  Corresponding Ranks.

Officers of the Consular Service will rank with officers of the Military Force as follows:—

PRECEDENCE OF WARRANT OFFICERS AND NON-COMMISSIONED OFFICERS.

Precedence of warrant officers and noncommissioned officers.

19. The position of warrant officers is inferior to that of all commissioned officers, but superior to that of all non-commissioned officers.

Command.

20. The following will be the order of precedence of warrant and non-commissioned officers. Those bracketed together rank with one another according to the dates of promotion or appointment.

(1) Warrant Officers.

(2) Non-commissioned Officers.

Armament, Armorer, Artificer, Collar-maker, Farrier, Mechanist, Pioneer, Saddler, Shoeing-smith, and Wheeler, Non-commissioned Officers take precedence according to their rank as Q.M.S., Sgt., &c.)

The warrant and non-commissioned officers against whose names an asterisk (*) is placed are not entitled to assume any command on parade or duty, except over such W.O's, N.C.O.'s, and men as may be specially placed under their orders. In matters of discipline, however, they will, at all times, exercise the full authority attached to their rank.

Classification for pay shall not affect the above classification for purposes of command and precedence.

HONOURS AND SALUTES.

General Instructions.

Honours and Salutes on parade.

21. The honours and salutes to be given by troops on parade are as follows :—

National Anthem.

22. The National Anthem is not to be played in connexion with salutes on any occasion than those mentioned in paragraph 21, and is only due to those personages who are entitled to a royal salute.

Governors of States.

23. Governors of States who are also General Officers are entitled in every respect to the honours due to their military rank, as well as to their civil office.

Acting appointments.

24. Officers temporarily acting in any higher command are entitled, during their temporary tenure, to all the honours and salutes appertaining to such command, provided, so far as artillery salutes are concerned, the officer is not under the rank of Brigadier-General.

Officers acting in civil office.

25. Officers temporarily acting in any civil office are entitled, during their temporary tenure, to all the honours or salutes that may appertain to such office.

Foreign officers.

26. The compliments directed in these Regulations are to be paid to officers in the service of any Power in alliance with His Majesty, according to their respective ranks.

Saluting.

26a. Officers or soldiers passing troops with uncased colours salute the colours, and also the commanding officer (if senior).

Saluting funerals.

Officers, soldiers, and colours passing a funeral will salute the body.

Compliments on the march.

Armed parties in paying compliments on the march will be called to attention, infantry will slope arms, and the command " Eyes right (or left) " will be given; mounted units will carry swords, or as laid down in the Mounted Service Manual.

Commanders of parties paying compliments.

An officer commanding an armed party passing a guard, or paying or returning a compliment, will draw his sword before giving the necessary command. When in command of an unarmed party, he will return the salute with the right hand as he gives the command " Eyes right (or left)." Soldiers in command of parties will conform to the rules laid down for officers.

Officers saluting.

All officers will salute their seniors before addressing them on duty or on parade ; when in uniform they will salute with the right hand, in the manner prescribed for soldiers. Officers, except when their swords are drawn, are to return the salutes of junior officers and of soldiers. A salute made to two or more officers will be returned by the senior only.

Naval Officers.

27. Officers will salute those officers of the Royal Navy and Naval Forces of the Commonwealth when in uniform, who would be saluted by individuals of corresponding ranks in their own service.

H. M. ships.

28. Officers and soldiers boarding any of His Majesty's ships will salute the quarter-deck.

Saluting officers.

29. Warrant officers, non-commissioned officers, and men of the Permanent Forces will salute all commissioned officers whom they know to be such, whether dressed in uniform or not, including officers of the Royal Navy, Royal Marines, His Majesty's Army, and the Naval Forces of the Commonwealth, and such warrant officers as have rank corresponding to that of commissioned officers in the Army. Warrant Officers, Non-Commissioned Officers and men of the Citizen Forces, in uniform, will similarly salute all Commissioned Officers when in uniform. Warrant officers and non-commissioned officers when wearing swords will salute with the right hand, irrespectively of the side on which the officer saluted may be passing.

Warrant officers.

30. Non-commissioned officers and men will address warrant officers in the same manner as they do officers, but will not salute them.

Head-dresses in civil courts.

31. In a Civil Court an officer or soldier will remove his headdress while the Judge or Magistrate is present, except when the officer or soldier is on duty under arms with a party or escort inside the Court.

Official Visits.

Official visits between Navy and Army.

32. The following rules are to be observed for the interchange of official visits between Naval and Military Officers at stations where there is a military garrison :—

Guards of Honour.

Guards of honour of 100 rank and file.

33. A guard of honour, as a general rule, of 100 rank and file, with a Captain in command, two Subaltern Officers (one carrying the standard of Light Horse, or the King's colour of Infantry), a proportion of Sergeants, and a Regimental Band, will attend :—

Similar guards of honour, but with the regimental colour, will attend upon the. Governor-General, Governor, and. officers administering the Governments of His Majesty's possessions, and such occasions as are customary within the Governments. (Guards of Honour will not be detailed when the Governor-General, Governors, and officers administering the Government are returning after leave of absence, the duration of which has not exceeded three months; nor when they are merely arriving at, or departing to or from, one or other of the ports within their Government ; nor on merely changing their residence.)

Guards of honour of 50 rank and file.

34. A Guard of Honour, of 50 rank and file, with two Officers, one carrying the regimental colour, and a band, will attend :—

Voluntary Guards of Honour.

34a. Voluntary Guards of Honour as in 34 may be furnished for the Governor-General or the Governor of a State when visiting Cities or Towns in the Commonwealth on other than State occasions, and provided that troops are available without expense.

Mounted Escorts.

34b. Mounted Escorts will attend if ordered when Guards of Honour are furnished as provided for in para. 33. The strength of the escort for the Governor-General will be—1 Officer, 1 Sergeant, and 20 rank and file, and for the State Governors—1 Officer, 1 Sergeant, and 12 rank and file.

Voluntary Escorts may be furnished as in 34a.

Flag Stations and Flags to be Flown.

Flag and flag stations.

35. Where two flags of the same description are issued the smaller is for use in bad weather.

* Royal Standard to be used on Royal Anniversaries and State occasions.

Union Jack.—† On anniversaries only, or when required for saluting or other special purposes.

‡ On Sundays and anniversaries.

§ Daily.

Saluting Stations.

Stations for firing salutes.

36. The following is a list of stations at which salutes are authorized to be fired :—

Artillery Salutes.

Artillery salutes.

37. The forts and batteries referred to in paragraph 36 will fire salutes as follows :—

No. of guns, 21—

Royal Salute—

(Salutes will be fired both on arrival and departure.)

No. of guns, 19—

No. of guns, 17—

* ‡ Admirals.

No. of guns, 15—

* ‡ Vice-Admirals.

No. of guns, 13—

* ‡ Rear-Admirals.

No. of guns, 11—

* ‡Commodores (no senior Captain being present).

† Consuls-General.

No. of guns, 7—

† Consuls.

*The salutes will not be repeated oftener than once in twelve months, except in case of advance of rank when the scale for the new rank is granted. The salutes being personal, will not be returned.

† On going on board or leaving one of His Majesty's ships ; but this is only to be done when within the State to which they are accredited, and only once in twelve months from the same ship to the same person.

‡ 1. The salute to be fired on the landing of the Naval Commander-in-Chief for the first time will be given on the occasion of his landing to pay his first official visit to the Governor-General.

2. The salute to which the Naval Commander-in-Chief is entitled after the expiration of twelve months from the first salute, or on promotion will, in the same manner, be fired on the occasion of an official visit to the Governor-General.

3. No salute will be fired on any other occasion of the Naval Commander-in-Chief landing within the limits of the Commonwealth.

Salutes for distinguished foreigners.

38. A foreigner of high distinction or a foreign general or a flag officer when visiting the Governor-General, a Governor, the Military Board, or the District Commandant (see paragraph 34) may, on landing, be saluted with the number of guns which from his rank he is entitled to receive from a ship of war of his own nation, or with such number not exceeding 19, as may be deemed proper ; but such salute will not in any case exceed the number of guns given to officers of corresponding rank in His Majesty's army and navy.

Governor-General, State Governors, and Lieut.-Governors.

39. The Governor-General, State Governors, and officers administering the Government will be saluted on the following occasions. They will not receive artillery salutes on any other occasions :—

Foreign men-of-war.

40. All salutes from ships of war of other nations to His Majesty's forts or batteries named in paragraph 36 are to be returned gun for gun. His Majesty's ships and His Majesty's forts will not, on any account, exchange salutes.

No person to be saluted in more than one capacity.

41. Such or the authorities mentioned in the foregoing instructions as may, from their rank and appointments, be entitled to be saluted in more than one capacity, will be saluted under that rank which shall entitle them to the greatest number of guns, but on no occasion is the same individual to be saluted in more than one capacity.

Foreign Sovereigns and national festivals.

42. Upon the occasion of the celebration of the birthday of the King or Queen of a foreign nation or other important national festivals or ceremonies by any ships of war of such nation, a salute not exceeding 21 guns may be fired in conjunction with any of His Majesty's ships that may be present, on official intimation of the intended celebration being received from the Governor-General.

Salutes in honour of great victories or on special occasions.

43. No salutes other than those authorized by these Regulations are to be allowed, except such as may be necessary for the fulfilment of any treaty obligation; provided that, upon any important occurrence, such as a great victory gained by His Majesty's arms, or highly advantageous national event, the Governor-General may direct such salutes to be fired as the occasion may seem to him to require.

Salutes in Boats.

Boats saluting.

43a. The following are the rules for saluting to be observed in military boats :—

(1.) When an officer is in the boat—

Note. — In boats fitted with crutches oars are never to be tossed, but the salute should be given by laying on oars.

MILITARY FUNERALS.

When to be ordered.

44. Military funerals will not be ordered without special authority, unless troops are stationed within reasonable distance of the burial ground. Gun carriage and other appliances will be supplied when available.

Officers when entitled to.

45. Officers are not to be interred with military honours unless they are, at the time of their decease, on full pay, or employed on the Staff, or in the exercise of some military command or office. No honours are to be paid officially at the funerals of other officers, or of retired soldiers of any rank, nor is any expense to fall on the public for the use of a gun-carriage or the attendance of soldiers.

Salutes and firing parties

46. Military funerals will be accorded to officers and soldiers buried within the district or station occupied by the troops with which they are serving at the time of their death. Provided the garrison in such district or station is sufficient, military funerals are to be saluted and attended in accordance with the following table :—

* Only when commissioned as Brigadier-General

Minute guns

47. At the funerals of general and flag officers, or of commodores and brigadier-generals dying upon service, minute guns are to be fired while the body is proceeding to the burial ground, but these minute guns are not to exceed the number to which the officer's rank entitled him when living. When any such officers who have died when afloat are to be buried on shore, minute guns are to be fired from the ship, if a ship of war, while the body is being conveyed to the shore, and where the means exist, minute guns will be fired from the shore while the procession is moving from the landing place to the burial ground. The total minute guns so fired must not exceed twice the number of guns to which the deceased was entitled when living.

Salute after interment.

48. The salute of guns prescribed by paragraph 46, or, in the case of flag officers and commodores, a salute of the number of guns to which the deceased was entitled when living, will be fired after the body is deposited in the grave.

Pall-bearers.

49. The pall is to be supported by officers of the same rank as that held by the deceased, but if a sufficient number of that rank cannot be obtained, officers next in seniority are to supply their places.

Staff and departmental officers.

50. Honours paid at the funerals of Staff and Departmental Officers are to be regulated according to the ranks, or corresponding ranks, as the case may be.

Parties to attend funerals.

51. In addition to the firing parties, the funeral of an officer will be attended by the officers, that of a warrant officer by the warrant officers, that of a sergeant by the sergeants, and that of a corporal by the corporals, of the corps to which the deceased belonged or was attached. The funeral of a non-commissioned officer or private will be attended by the squadron, troop, battery, or company (officers included) to which he belonged, or was attached.

Minute Guns at Civil Funerals.

Salutes at funerals of civil functionaries.

52. Upon the authority of the Governor-General at the funerals of civil functionaries the same number of guns will be fired as minute-guns, while the procession is going to the burial ground, as they were entitled to as salutes when living. Civil functionaries not entitled to salutes of cannon when living are not to have guns fired at their funerals.

Salute to Remains of Distinguished Foreigners, &c.

Saluting bodies of distinguished foreigners.

53. Should a vessel carrying the remains of any foreigner of high distinction, foreign general, or foreign flag officer, arrive during saluting hours at any of the authorized saluting stations (see paragraph 36), the same number of minute guns will be fired on its arrival as the deceased was entitled to under paragraph 37 when living.

OFFICERS.

Appointment, Promotion, Exchange, Transfer, Retirement, and Resignation.

General.

Gazette. Date of appointments &c.

54. All appointments, promotions, exchanges, transfers, resignations, and retirements of Officers will be notified in the Gazette, and promulgated in Orders. Unless otherwise stated in the Gazette, these notifications will take the date of the Gazette. Any such resignation or retirement shall mean the absolute withdrawal of the individual concerned from the Military Forces, unless it be specially stated to the contrary. Commissions will take effect from the date above mentioned.

Establishment of officers.

Supernumerary officers.

First Appointment.

To rank of second lieutenant.

Age.

Promotion from the ranks.

59. In the first appointment of Officers, preference will be given in the case of equality of qualifications to persons who have served in the Defence Force for three years without a commission.

Special appointments.

60. The Governor-General may appoint any person to be an Officer for distinguished service, or for marked ability, and for gallantry in active service, without his passing the prescribed examination.

Appointments with or without examination.

61. No person, except as prescribed in para. 60, shall be appointed an Officer in the Active Forces until he has passed the prescribed examination, but persons who have not passed that examination may be appointed " provisionally " as Officers of that rank. The requirements of this paragraph may be dispensed with by the Governor-General in the case of persons who are Officers of the King's Regular Naval or Military Forces.

Examinations half-yearly

62. Examinations will, if necessary and practicable, be held in each district half-yearly. The subjects and scope of the examinations shall be set out from time to time in Standing or other Orders.

Officers provisionally appointed.

Qualifying examinations.

63. Officers provisionally appointed must present themselves for examination at the first or second half-yearly examination subsequent to their provisional appointment, except under special circumstances, approved by the Military Board, or where a less period is prescribed in these Regulations. They must pass at either of such examinations, or the one next following, which, however, must not exceed a period of 18 months from date of provisional appointment. If successful, and if satisfactorily reported upon by their respective Commanding Officers, the provisional appointments may then be recommended for confirmation.

Failure to qualify.

64. Officers who fail to qualify as above shall be recommended by District Commandants for " To be retired—having failed to qualify."

Applications for first commissions.

65. All recommendations for appointments will be forwarded by Commanding Officers to the District Commandant, on the authorized form.

These applications will then, if recommended by District Commandants, be forwarded to the Military Board.

When the candidate has previously held a commission, a certificate from his last Commanding Officer will be forwarded as to whether his services were satisfactory, and whether his retirement or resignation arose from any matter affecting his character or efficiency. A candidate may be appointed provisionally, pending the production of the aforesaid certificate. When the candidate has previously served in the ranks of the Naval or Military Forces, his discharge certificate will accompany the recommendation.

Appointments to First Commissions in the Royal Australian Artillery and the Corps of Australian Engineers (Permanent Sections).

Notice of vacancies.

66. Notice of vacancies in the Royal Australian Artillery and Corps of Australian Engineers (Permanent Sections) will be given by advertisement in all the States and by Notice in Military Orders.

Applications from candidates, in accordance with para. 67, will be received by District Commandants, who will forward the same to the Military Board. When forwarding applications District Commandants will state their opinion of the fitness of each candidate for appointment.

Candidates will be informed of their nomination or otherwise to undergo the examination prescribed.

Eligibility of candidates.

67. The following persons are eligible for appointment, provided they are certified by a Medical Board to be physically qualified, and subject to passing the prescribed examination :—

A candidate for appointment in the Corps of Australian Engineers must, in addition, have served as a pupil for three years in engineering workshops, or as a cadet in Civil Engineering or Architecture or as an undergraduate in an Engineering Department of a University, or permanently in connexion with Military Engineering.

Competitive examination.

68. Should there be more candidates than vacancies, the educational examination will be competitive.

Rank of appointment.

69. First appointments will be made to the rank of Lieutenant.

Appointment to be on probation.

70. Successful candidates will be appointed for six months on probation, and must, during the sixth month, pass a qualifying examination in military subjects. The appointment of any candidate who fails to pass will not be confirmed. Under, very special circumstances, the term of probation may be extended, on the recommendation of the Military Board, for a period not exceeding three months.

Examination to be as prescribed.

71. The subjects and scope of the literary and military examinations shall be as set out from time to time in Standing or other Orders.

Appointment of Officers to the Administrative and Instructional Staff.

Notice of vacancies.

72. Notice of vacancies for Officers on the Administrative and Instructional Staff will be given by advertisement in all the States and by Notice in Military Orders. Applications from candidates, in accordance with paras. 73 and 74, will be received by District Commandants, who will forward the same to the Military Board. When forwarding applications, District Commandants will state their opinion of the fitness of each candidate for appointment.

Candidates will be informed of their nomination or otherwise to undergo the examination prescribed.

Eligibility of candidates.

73. The following persons are eligible for appointment to the Administrative and Instructional Staff, provided they are certified by a Medical Board as being physically qualified, and subject to passing the prescribed educational and military examinations.

Officers of R.A.A. and C. of E. (Permt.) eligible for appointment.

74. Officers of the Royal Australian Artillery and Corps of Australian Engineers (Permanent Sections) are eligible for appointment, subject to passing the prescribed military examination, for the arm to which they desire to be appointed.

Competitive examinations.

75. Should there be more candidates than vacancies, the Military examination will be cocmpetitive.

Examination to be as prescribed

76. A successful candidate will be appointed for six months on probation. At the end of this period his appointment may be confirmed on the report of the District Commandant under whom the candidate served, that he has satisfactorily performed the duties of an Officer of the Administrative or Instructional Staff, and is likely to become a suitable Staff Officer.

Examination to be as prescribed.

77. The subjects and scope of the examination shall be set out from time to time in Standing or other Orders.

Seconding of officers of R.A.A. and C. of A.E. (Permt.)

78. Officers of the Royal Australian Artillery and Corps of Australian Engineers (Permanent Sections) may be seconded for service on the Administrative or Instructianal Staff.

Chaplains' Department.

Commanding Officers.

Period of command.

87. Officers appointed to command Regiments or Corps may hold such appointment, subject to the provisions for retirement on account of age, for a term of five years; but the Governor-General may extend such term for a further period, subject in either case to the provisions of the Regulations for Retirement on account of age.

Aides-de-Camp to the Governor-General.

Number.

88. Officers, not exceeding 12 in number, may be appointed as Aides-de-Camp to the Governor-General for gallantry and distinguished service in the field or for meritorious service in the interests of the Commonwealth.

Eligibility.

89. Officers eligible for the above distinction must be on the Active List, or the Reserve of Officers, and not below the rank of Major or relative rank in the Naval Forces.

For five years.

90. The appointment to be for five years. In exceptional circumstances Officers may be re-appointed for an additional term of two years.

Aiguilette.

91. Aides-de-Camp to the Governor-General will wear, on the right shoulder, when on duty-, a special gold cord aigulette of a somewhat similar design to that worn by Aides-de-Camp to the Sovereign.

Without pay.

92. These appointments will not entitle the officer to any pay or allowances.

Honorary Physicians and Honorary Surgeons to the Governor-General.

Number.

93. Officers of the Australian Army Medical Corps, not exceeding two in number, may be appointed as Honorary Physician and Honorary Surgeon respectively to the Governor-General for distinguished service in the field, or for meritorious service in the interests of the Commonwealth.

Regulations as for A.D.C.

94. Regulations applying to the appointment, duties, &c., of Aides-de-Camp to the Governor-General will apply to Honorary Physicians and Honorary Surgeons.

Without pay.

95. These appointments will not entitle the officer to any pay or allowances.

Aides-de-Camp to State Governors.

Number.

96. The Governor-General may approve of any officers of the Defence Forces not being in the Permanent Forces, and not exceeding two in number, accepting appointment as Aides-de-Camp on the Personal Staff of a Governor of a State.

Bank. Not to be seconded.

97. Aides-de-Camp are not to be of higher rank than Major or relative rank in the Naval Forces. Officers of the Military Forces will not be placed on the Supernumerary List of their Regiments, but when doing duty on the Personal Staff of the Governor of a State will be shown as " On Command " upon the occasions when they may be prevented from carrying out their usual military duties.

Aiguilette.

98. Aides-de-Camp will be permitted to wear, on the right shoulder, an aiguilette when on duty similar to that allowed for Personal Aides-de-Camp under Dress Regulations.

Without pay.

99. These appointments will not entitle officers to any pay or allowances.

Militia and Volunteer Adjutants.

Quartermasters.

Honorary Colonels-in-Chief and Honorary Colonels.

Conditions of appointment.

107. An Honorary Colonel-in-Chief may be appointed to the Australian Light Horse, the Australian Artillery, the Corps of Australian Engineers and the Australian Infantry, and an Honorary Colonel may be appointed to any Regiment or Corps of the Military Forces, subject to the following conditions :—

Tenure of appointment.

108. Honorary Colonels shall not be subject to the provisions for compulsory retirement on account of age, but may continue to hold their appointments during the pleasure of the Governor-General.

For whom reserved.

109. The above honorary positions are reserved tor Officers and others who have rendered valuable, distinguished, or gallant service to Australia in a military or other public capacity. Appointments will not be tendered to any person without permission of the Military Board.

Duration of Appointments on the Administrative and Instructional Staffs.

Promotions.

Special promotion.

111. The Governor-General may promote an Officer for distinguished service or for marked ability and gallantry in active service, without his passing the prescribed examination.

Qualifying examination.

112. No Officer below the rank of Lieutenant-Colonel, except as provided in para, 111, shall be promoted unless he has previously passed the prescribed examination for promotion to a higher rank.

Provisional promotion.

113. Where an officer has had no opportunity of passing the prescribed examination, he may be provisionally promoted subject to his passing such examination within twelve months of such promotion.

Subjects of Examinations.

114. The subjects and scope of the examinations shall be set out from time to time in Standing or other Orders.

Proposed promotions.

115. Recommendations for promotions are to be submitted to the Military Board in the same manner as appointments.

Recommendations.

116. When recommending an appointment or promotion, by which an Officer will be superseded, the Commanding Officer will state the circumstances which have induced him to make his recommendation.

Promotion and appointment by selection.

117. Promotion up to the rank of Captain will usually be made according to seniority, and to higher grades by selection, subject, in all cases, to the passing of such examinations as may from time to time be laid down.

Promotion not a right.

118. No officer is entitled to claim promotion as a right.

Promotion in units detached.

Honorary Rank on Retirement.

When granted.

120. Officers on retirement may be granted Honorary Rank, with the right to wear the uniform of their Corps, with the addition of the letter R on the shoulder-strap, as follows :—

This paragraph will not apply to Officers who retired before the 1st January, 1904.

Service to count.

121. Service in the Reserve Forces will not count.

One-half of any period of service in the ranks of the Permanent Forces, or one-fifth of any period of service in the ranks of the Militia or Volunteer Forces, will be allowed to reckon as commissioned service with reference to the periods of service specified in para. 120. Under no circumstances, however, will the reckoning of service in the ranks under these Regulations give directly, or indirectly, any claim to extra pay or pension.

Application for.

122. A certified statement in detail, on the authorized form of each Officer's service, signed by the Commanding Officer, will accompany all applications for Honorary Rank.

Retention of Rank by Retired Warrant and N.C.O.'s.

123. Warrant and Non-commissioned Officers who are retired under Regulation 128 after completing 20 years' service, and who have held the rank of Warrant or Non-commissioned Officer for not less than 15 years, may be permitted to retain their rank and wear the uniform of their Corps, with the addition of the letter " R " on the shoulder-strap, on the recommendation of the District Commandant, and subject to the approval of the Military Board.

Exchange and Transfer.

Exchange

124. Officers of different Regiments or Corps, but of the same rank and arm, may be allowed to exchange, subject to the following conditions :—

Resignations.

Resignation, Effect of.

126. Resignations and retirements are to be submitted to the Military Board, in the same manner as appointments.

An Officer who tenders the resignation of his commission, whether the same be accepted and notified in the Gazette or not, shall not be thereby exempted from any liability under the Act or these Regulations.

Retirements.

Compulsory retirements.

127. The services of an Officer may be dispensed with for any of the following reasons :—

Age for Retirement.

Retiring age.

128. Officers and soldiers of the Military Forces shall be retired at the ages set forth in the following table, but in special cases of an exceptional nature the Governor-General may extend the prescribed age for retirement for a period not exceeding two years :—

Local, Temporary, or Honorary Rank will not be considered in reference to the age for Retirement.

Unattached List.

Reserve of Officers.

Retired List.

Retired list.

136. Officers of the Military Forces who are retired with permission to retain their rank and wear the prescribed Uniform will be placed on the Retired List.

Unattached, Reserve, and Retired Officers.

Annual report of address.

137. An Officer of the Unattached, Reserve, or Retired List shall report himself at the commencement of each year, in writing, to the Commandant of the District in which he last served on the Active List, failing which his name may be removed from the List. An Officer reporting himself will, at the same time, forward his address for the current year, and any subsequent change of address should be notified.

Death of Officers.

Report of deaths.

138. District Commandants will report to the Military Board the deaths of Officers within their commands.

Seconded Officers.

Officers, when to be seconded.

139. An officer below the substantive rank of Major may be seconded in his Regiment or Corps :—

To become supernumerary until absorbed.

140. On reverting from the Seconded List an Officer shall, unless liable to retirement, rejoin his regiment as supernumerary, retaining his regimental rank and position.

Regimental vacancy, when retained.

141. If a vacancy occurs in a regiment in which there is a seconded Officer who would revert, within three months, to the Regimental List, such vacancy may be retained for the absorption of the seconded Officer.

Supernumerary Regimental Officers.

Supernumerary officers.

142. An Officer may be retained as supernumerary on the strength of his Regiment or Corps :—

Appointments and Promotions.

146. The appointments held by Warant Officers, Non-commissioned Officers, and Men of the Military Forces, set forth in the following table, confer upon the holder the rank specified opposite that appointment in the table :—

Permanent rank.

147. A Non-commissioned Officer or man on receiving an appointment will thereupon be vested with the rank attached to that appointment, and this will be his permanent rank. The rank attached to any appointment is that indicated in the title of that appointment, unless some superior rank is expressly attached to it by regulation; for example, the permanent rank of a Wheeler Bombardier is Bombardier.

Examination for promotion.

148. Non-commissioned Officers shall not be appointed or promoted until the candidate has passed such qualifying examination as may be from time to time authorized, provided that in cases of necessity appointments or promotions may be made on probation; and any soldier so appointed or promoted shall in such event be required to pass the necessary examination within six months of his appointment or promotion.

Resignation of N.C.O.

149. Non-commissioned Officers may, with their Commanding Officer's consent, resign their rank and revert to the rank or position they previously held, but, without the sanction of the District Commandant, they are not to be allowed to do so in order to escape trial by court-martial. The written application of the Non-commissioned Officer and a certificate from the Commanding Officer, stating the cause of the resignation (together with the written authority of the District Commandant, if the case has been referred to him), is to be attached to the soldier's record of service.

Removal from appointment.

150. For inefficiency or a cause other than an offence, a soldier may be removed from his appointment by order of his Commanding

Officer, and will, in that case, revert to his permanent rank, remaining as a supernumerary in that rank until absorbed into the first vacancy. In cases where the soldier's permanent rank is higher than that of corporal, the Commanding Officer will not exercise his power in this respect, but when necessary, will make application to the District. Commandant for the soldier's removal, with a view to his reduction to a lower rank being at the same time considered. A Bandsman will not be ordered by his Commanding Officer to revert to the rank of, private except for misconduct or inefficiency.

Reversion of acting N.C.O.

151. An acting Non-commissioned Officer can be ordered by his Commanding Officer to revert to his permanent rank. The permanent rank of a Lance-Sergeant is Corporal; that of a Lance-Corporal is Private, or acting Bombardier is Gunner

Reduction of N.C.O.'s.

152. A Non-commissioned Officer reduced to a lower rank will take rank and precedence in the lower rank from the date of the signing of the original sentence of the court-martial, or, in the case of reduction by order of the District Commandant, from the date of such order.

Lance ranks Establishment.

153. The following proportion of Lance-Sergeants and Lance-Corporals may be appointed without pay, namely :—

District Commandants may, in cases of well-ascertained necessity, sanction the appointment of a small number of unpaid Lance-Sergeants, Lance-Corporals, and Acting Bombardiers in excess of the establishment.

Who are eligible.

154. Appointments on the Instructional Staff will be granted to Warrant and Non-commissioned Officers of the Military Forces of the Commonwealth or others, under the following conditions as to age, physical and moral fitness, literary and military qualifications.

Age and service.

155. A candidate will not be eligible for appointment on probation unless he is within the ages of 22 and 40 years, and unless he has served for at least three years in the Active Force of the Military Forces of the Commonwealth, except under special circumstances approved by the Military Board.

Applications.

156. The applications of candidates who have served in the Military Forces of the Commonwealth, as provided in para. 155, will be submitted to District Commandants through the usual channels. Commanding Officers will, in their recommendations, state their opinion from personal knowledge as to the eligibility of the candidate for appointment.

Approval.

157. Candidates will be informed of their nomination or otherwise to undergo the examinations referred to in paras. 158 and 159.

District Commandants will forward with their recommendations the names and all particulars of such candidates to the Deputy Adjutant-General when notified that there are vacancies.

Railway passes.

Railway passes to attend the examinations may be issued to those candidates who have been recommended by their Commanding Officers.

Medical examination.

158. Each candidate will be medically examined, either by the Principal Medical Officer or Staff Officer of Medical Services, or the medical officer appointed to medical charge of Permanent Troops of his station, of each District, and will not be further tested unless certified to be physically qualified.

Qualifying and competitive examinations.

159. Candidates whose applications have been approved under para. 157, and who have passed the test described in para. 158, will be eligible for the educational and military examinations.

Probationary appointment.

160. Successful candidates will be appointed for six months on probation. At the end of this period the appointment may be confirmed if recommended by the Commandant, and the Commanding Officer, under whom the candidate has served, certifies that he has satisfactorily carried out his duties as a Non-commissioned Officer of the Instructional Staff, and is likely to prove himself an efficient Instructor.

Candidates who pass the examination laid down in Standing Orders, but who are not successful in the competitive portion thereof in securing an appointment at the time, will be eligible for appointment to any vacancy occurring within 12 months, subject to again passing the medical examination prescribed in para. 158. Any candidate not appointed within two years must re-qualify in 159 (a) (2), and be again recommended.

Transfers.

Transfer of Militia or Vol. N.C.O.

Military Staff Clerks.

Classification.

Establishment.

Promotion.

SOLDIERS.

ENLISTMENT.

165. The standard age, height, and chest measurement for recruits Standard for each arm of the service shall be :—

166. First appointments and recruits for the Permanent and Militia Forces will be medically examined as regards general fitness for military services before final approval.

Exceptions.

169. Exceptions to the foregoing standards may in special cases be allowed by District Commandants.

Continuance of service under Defence Act.

170. Any soldier who was a member of the Military Forces before the commencement of the Defence Act 1903, and who continued to serve under the Act and these Regulations, shall not be liable to pay on resignation from such continued service a greater sum than is herein provided, or than he would have been liable to pay before the commencement of the said Act and Regulations under any other Act and Regulations.

* Embraces all Mounted Services exclusive of Field Artillery.

Term of service.

171. Men approved for enlistment shall engage to serve for a period of five years in the Permanent Forces, of three years in the Militia Forces, and of not less than two or more than three years in the Volunteer Forces. Enlistment in the Reserve Forces is for an unlimited period, subject to the right of resignation.

Preference.

172. In the enlistment of soldiers in the Permanent Forces, preference shall be given to men of the Militia or Volunteer Forces, who are otherwise suitable, and who are efficient members in such Forces.

Soldier cannot belong to more than one unit.

173. No soldier of one regiment or corps shall be enlisted in another until he has legally ceased to be a member of the former corps.

Bad characters not to be enlisted.

174. No person who has been dismissed or discharged from a regiment or corps for disciplinary reasons, or has been called upon to resign, shall be enlisted in any other regiment or corps without express authority from the District Commandant.

Procedure of enlistment.

175. Enlistments shall be carried out as follows :—

Notice.

Appearance before attesting officer.

Enlistment questions.

Declaration.

Oath or affirmation.

Attestation.

Amendment of errors.

Duplicates.

Permanent Forces.

176. Duplicate attestations shall be executed in the case of all soldiers of the Permanent Forces.

Recruit training.

177. Upon enlistment all persons shall be required to attend a course of recruit training, as may be from time to time prescribed in Standing Orders, and shall not be passed into the ranks until they have been inspected by an officer detailed for the purpose, who shall certify that the recruits are acquainted with the drill of the arm of the service to which they belong, that they have received the prescribed musketry training, and that they have the necessary knowledge of their duties.

Supernumeraries.

TRANSFER.

Transfer and re-attestation.

RE-ENLISTMENT.

Term of re-enlistment.

180. Any soldier of the Military Forces within three months of the completion of the period of service for which he was enlisted may, subject to the approval of the Commanding Officer, be re-enlisted for a period of—

and in the case of the Permanent and Militia Forces ; provided that he is still medically fit.

Attestation.

181. Re-enlisted soldiers shall be attested in the same manner as on original enlistment.

Regimental number.

182. Soldiers who re-enlist without a break in their service will not receive a new number.

DISCHARGE.

On completion of term of service.

183. Any soldier who has enlisted as a member of the Active Forces shall be entitled to be discharged therefrom at the expiration of the period of service for which he engaged, unless such expiration occurs in time of war, in which case he shall not be entitled to his discharge until war has ceased.

Resignation, Citizen Forces.

Militia Forces—

Volunteer Forces—

Provided that such payments may, for special reasons, be waived by the Commanding Officer, subject to the approval of the District Commandant.

In the case of the Reserve Forces, 14 days' notice is sufficient, and no sum is payable except for loss of or damage to Government property in charge of the soldier.

Permanent Forces.

Discharge on purchase and " free."

Under one year's service, £10.

Over one year and under two years' service, £8.

Over two years and under three years' service, £6.

Over three years and under four years' service, £4.

Over four years and under five years' service, £2.

To the above sums shall be added the unexpired value of the soldier's uniform and kit.

The rates for re-enlisted men are : —

For under one year's re-enlisted service, £4.

Over one year and under two years' re-enlisted service, £2.

Afterwards free.

Provided that such payments may, for special reasons, be waived by the Commanding Officer, subject to the approval of the District Commandant.

In the case of the Permanent Forces, the Commanding Officer for purposes of " discharge " shall mean the senior permanent officer of his regiment in the district.

Re-enlisted soldiers of Citizen Forces.

Recruits. See sec. 112 of the Act.

187. A recruit may be discharged by a Commanding Officer, at any time prior to his being passed into the ranks, if he should seem to be an undesirable character, or is unlikely to become an efficient soldier.

For medical unfitness.

188. Any soldier of the Military Forces who may be found at any time during the continuance of his military service to be medically unfit, shall be discharged, unless under special circumstances, which must be reported to and approved by the District Commandant.

Penalty on discharge for disciplinary reasons.

189. Any soldier dismissed from the service by the District Commandant, or by his Commanding Officer, or by sentence of court-martial, for a military offence, shall forfeit to the Government the amount he would have to pay if he were purchasing his discharge on the day the offence was committed, or such smaller sum as the District Commandant may determine, and such sum may be stopped from his pay, if any.

Discharge certificate.

190. Upon the discharge of any soldier of the Military Forces for any reason whatever, he shall be given a Certificate of Discharge upon the authorized form, which shall serve as a record of his military service and military character, and shall be signed in the case of the Permanent Forces by the District Commandant, and in other cases by the soldier's Commanding Officer.

No duplicate certificate.

191. No duplicate or copy of the discharge or character certificate, or extract from official records, will be issued to a discharged soldier, but a copy of all such certificates shall be kept in regimental and corps records.

Proceedings on discharge.

Unsettled claims.

Authorizing and confirming officers.

194. The competent officer to authorize a discharge shall be, in the case of the Permanent Forces the District Commandant, otherwise the soldier's Commanding Officer, and the competent officer to confirm discharges shall be the soldier's Commanding Officer.

Duty of confirming officer.

195. The confirming officer will see that the entries in the " Proceedings on Discharge " of a soldier of the Permanent Forces are in agreement with the regimental books, and, in the case of the Permanent and Militia Forces, that a non-effective account on the authorized form has been made out and signed by the soldier and the officer commanding his company.

* When a man has been convicted of having wilfully made a false answer to any question set forth in the attestation paper, the District Commandant will decide whether he is to be retained in the service or not.

† Applications accompanied by defaulter sheet (or copy) to be made to the District Commandant, who will authorize the discharge if he thinks it desirable to do so. It should be stated if the man is thought to have misconducted himself with a view to discharge. In the case of a man whose last offence has been disposed of, the application should be made as soon as the case has been dealt with. In the case of a conviction by court-martial or by civil power, in consequence of which the discharge of the man is desirable, the application should be made as soon as the man is sent to prison. The discharge certificate should be sent to the Governor of the prison.

‡ The discharge of men sentenced to penal servitude is to be at once carried out. The District Commandant will decide in the case of a man sentenced to imprisonment whether he is to be retained in the service or not.

§ If the man is imprisoned, the certificate of discharge will be sent to the Governor of the prison.

C.8980. B

(Permanent Forces)—Disposal of Soldiers on Discharge.

Transport to place of enlistment.

Not when discharge is on purchase.

Men discharged on purchase, or those attested at the place where their corps is stationed at the time of their discharge, will not receive transport to any other station.

Discharged soldiers in hospital.

EFFICIENCY.

Militia Forces.

Requirements for Efficiency.

Attendances.

Light Horse, Field Artillery, Garrison Artillery, Infantry, and Departmental Corps.

An equivalent of twelve days, made up as under :—

Corps of Australian Engineers : Field Engineers and Electrical Engineers.

An equivalent of fourteen days, made up as under :—

Corps of Australian Engineers: Submarine Miners.

Officers Commanding and Staff.

Regiments or Corps generally.

Special Inspections.

It shall be competent for the Military Board to direct an inspection of any regiment or corps, and such inspection may be declared by it necessary for efficiency during the current year.

Annual inspection.

The Field Officers of a regiment or corps, and Senior Officers of detached units, are not to be absent from the inspections as above without special leave from the District Commandant.

Non-efficients.

B 2

Efficiency of recruits

If passed into the ranks between—

1st July and 30th September—All parades prescribed in para. 37.

1st October and 31st December—2 whole days, 6 half-days, and 6 night drills, or their equivalent.

1st January and 31st March—1 whole day, 4 half-days, and 3 night drills or their equivalent.

1st April and 30th June—May be classed as " Efficient," irrespective of the number of drills they may attend.

Officers to be efficient

The Military Board may approve the relaxation of this Regulation in cases where it is represented by the District Commandant that there are special reasons for so doing.

N.C.O.'s to be efficient.

206. Any non-commissioned officer who does not qualify as an " Efficient " shall revert to the ranks, unless it appears to the District Commandant that there are special reasons for the relaxation of this Regulation.

Soldiers to be efficient.

207. Any soldier who, by the 30th June in any year, has failed to be classified as " Efficient " during the previous twelve months, may be discharged by his Commanding Officer, unless such failure has been caused by sickness duly certified.

Equivalent parades.

208. Commanding Officers, in calculating attendances tor "Efficiency," are permitted the following alternatives, viz. :—

Extra parades and drills.

Duration of parades.

Whole-day parade—minimum duration—eight hours.

Half-day parade—minimum duration—three hours.

Night parade—minimum duration—one and a half hours.

If a parade is shortened, owing to the inclemency of the weather, or other sufficient cause, before the minimum duration has passed, such parade may be returned as complete, subject to the approval of the Commanding Officer. An officer or soldier arriving late on the parade ground shall not be entitled to count the parade for pay and efficiency. District Commandants may approve of parades of a shorter duration than is prescribed above, provided that in such case an increased number of parades shall be required for efficiency, so as to make the aggregate of hours attended in each class of parade equal to that required under the scale above prescribed.

Church parades, funerals, &c.

211. Attendance at church parades or funerals will not be allowed to count towards " Efficiency," nor shall pay be granted for such attendance.

Temporarily attached.

Discharge of recruits.

Leave of absence.

Volunteers.

Regulations for Militia applicable.

Classification as " efficients."

Recruits.

218. Recruits, in order to be classed as " Efficient " for the year in which they are passed into the ranks, must attend as follows :—

If passed into the ranks between—

Leave.

219. (a) Commanding Officers may grant leave of absence, not exceeding three months.

Applications for leave beyond the period specified in (b) will be submitted by the District Commandant, with his recommendation, for the consideration of the Military Board.

Musketry.

220. The course of Musketry shall be as from time to time prescribed in standing or other orders.

Annual allowance of S.A.A.

The annual allowance of Small Arm Ammunition will be as follows :—

Instructional Staff and Light Horse, Infantry, and Senior Cadets.

Junior Cadets.

Rifle Clubs.

(As per Regulations for Rifle Clubs.)

Blank Ammunition.

Blank Ammunition (Smokeless), in addition to that referred to in Musketry Course Regulations, 1905, will be issued to corps for purposes of manœuvre, as may be deemed advisable by District Commandants.

221. District Commandants may, in special cases, vary the allowance of ammunition prescribed in paragraph 220, by increasing the allowance of miniature ammunition, and correspondingly decreasing the prescribed allowance of .303-in. ammunition by an amount equal in value to the increased allowance of miniature ammunition.

Surplus ammunition, &c., to be returned.

222. At the end of the annual practice and exercise, the Commanding Officer will return to the Ordnance Store department any surplus ammunition, except where proper magazine accommodation is provided.

Return of empty cartridge cases.

223. The cases of all small-arm ball and .303-in. blank cartridges supplied gratuitously will be returned each year to the Ordnance Store stations from which they were issued, to the extent of at least 90 per cent. of the ball and 50 per cent. of the .303-in. blank expended during the year. Any deficiency in the foregoing quantity may be charged for.

The cases will be returned to store in the empty ammunition packages, not oftener than once a quarter, and officers commanding will not return a less quantity than 1,000 cases. The vouchers accompanying the delivery of the cases will show the weight only. The cases are expected to be in good condition when returned, care being taken that grit and dirt are removed as far as possible beforehand, and the greatest vigilance should be exercised in packing cases for return into store, to prevent any filled cartridges being accidentally sent with them, as any carelessness in this respect might lead to serious consequences.

DISCIPLINE.

Complaints and Redress.

Mode of complaint by officer.

224. If an officer thinks himself wronged by his Commanding Officer, and on due application made to him does not receive the redress to which he may consider himself entitled, he may complain to the District Commandant, who is hereby required to examine into such complaint, and make his report to the Military Board and receive their directions thereon.

Mode of complaint by soldier.

225. If any soldier thinks himself wronged in any matter by any officer other than his captain, or by any soldier, he may complain thereof to his captain, and if he thinks himself wronged by his captain, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his Commanding Officer, and if he thinks himself wronged by his Commanding Officer either in respect of his complaint not being redressed, or in respect of any other matter, he may complain thereof

to the District Commandant where the soldier is serving ; and every officer to whom a complaint is made in pursuance of this section, shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of. If he thinks himself wronged by the District Commandant, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof, through the proper channel, to the Military Board.

Who are subject to military law.

226. The Permanent Forces shall at all times and members of the Citizen Forces when on duty or in uniform, be subject to military law, within the meaning of these Regulations.

Prevention of crime.

227. Commanding Officers are to use every effort to prevent crime and to suppress any tendency to screen its existence. For first offences, not of an aggravated character, admonition is the most suitable treatment. Punishment should only be resorted to when admonition has failed to have effect.

Treatment of soldiers.

228. Officers of all ranks will adopt towards their subordinates such methods of command and treatment as will not only insure respect for authority, but also foster the feelings of self-respect and personal honour essential for military efficiency.

Same rule for W.O.'s and N.C.O.'s.

229. Warrant officers and non-commissioned officers will be guided by the foregoing principles in dealing with each other and with private soldiers. They will at all times avoid intemperate language or an offensive manner.

Reproof of N.C.O.'s.

230. Officers are not to reprove non-commissioned officers in the presence or hearing of privates, unless it is necessary for the benefit of example that the reproof be public.

Courts-martial on N.C.O.'s.

231. No non-commissioned officer above the rank of corporal is to be tried by any court-martial inferior to a district court-martial, except when a district court-martial cannot, having due regard for the public service, be assembled. Of these circumstances the judge will be the District Commandant.

Responsibility of officers in general.

232. All officers are at all times responsible for the maintenance of good order and the rules and discipline of the service ; they are to afford the utmost aid and support to the Commanding Officer. It is their duty to notice, repress, and instantly report, any negligence or impropriety of conduct in non-commissioned officers and private soldiers, and whether the offenders do or do not belong to their particular regiment, corps, troop, battery, or company.

Offences.

Civil and military offences.

233. It is to be borne in mind that a soldier is not only a soldier, but a citizen also, and as such is subject to the civil as well as to the military law. Offences of a military character are enumerated in the Act and Regulations.

Offences punishable by military as well as civil law should not as a rule be tried by court-martial, when the offence is not of a military character and is punishable by a competent civil or criminal court.

The officer who is authorized to convene a court-martial for the trial of the person charged with such offence shall decide whether the case shall be tried by court-martial.

Citizen Forces not to be tried by court-martial if summary punishment adequate.

234. Members of the Militia, Volunteer, and Reserve Forces should not be remanded for trial by court-martial by Commanding Officers, however difficult the case may be for decision, if the offence is one for which, if proved, a summary punishment would be adequate. Even in serious cases, discharge under section 112 of the Act will generally be found adequate, unless it be necessary to make an example of an offence in the general interest of discipline.

Offences on Active Service.

Application of Army Act, &c.

235. The Military Forces shall, at all times, while on Active Service, be subject to the Army Act, save so far as is inconsistent with the Act, and shall be liable to be arrested, tried, and punished in the manner laid down in the Army Act, and the Rules of Procedure and Regulations made thereunder.

Offences not on Active Service.

Enumeration of offences not on active service. Offences in respect to guards, sentries, &c.

236. When not on active service every person, subject to military law, who commits any of the following offences, that is to say :—

Mutiny and sedition.

Striking or threatening a superior officer.

Disobedience to a superior officer.

Insubordination.

Neglect to obey.

Desertion.

Absence from duty without leave.

Scandalous conduct of officer.

Fraud by persons in charge of money or goods.

Disgraceful conduct of soldier.

Drunkenness.

Permitting escape of prisoner.

Irregular imprisonment.

Escape from confinement.

Damage to or loss of equipment, horse, &c.

False accusation or false statement.

False answer on enlistment.

Traitorous words.

Ill-treating a soldier. Withholding soldier's pay.

Fails to assist magistrate in punishment of civil offences.

Conduct to prejudice of military discipline.

Connivance at desertion.

Falsifying official documents.

False declarations.

Neglect to report and signing in blank.

False evidence.

Enlistment of soldier or sailor discharged with ignominy or disgrace.

Injurious disclosures.

shall, on conviction by court-martial, be liable to suffer one or more of the penalties set forth in Regulation 237.

* See sub-para. (56).

Scale of punishments by courts-martial.

237. Punishments may be inflicted in respect of offences committed by persons subject to Military Law and convicted by courts-martial or civil courts :—

In the case of officers, according to the scale following :—

In the case of soldiers, according to the scale following :—

Provided that—

ARREST AND MILITARY CUSTODY.

Provisions of the Act.

238. It is provided by section 113 of the Act that—

Who may arrest and be arrested.

239. Subject to the above, paragraph 238—

Custody and delivery of the " crime."

Confinement.

Investigation.

Special report.

How made.

Meaning of words " on duty."

240. Members of the Permanent Forces shall at all times be held to be " on duty," and liable to arrest for a  "military or naval offence " under section 113 of the Defence Act. But this sense of the words " on duty " shall not apply when considering whether an offence is aggravated by being committed on duty. In such cases the meaning given in para. 306 shall hold good. In the case of the Citizen Forces " duty " shall include the performance of all administrative duties of a military nature in or out of uniform.

In this paragraph and other paragraphs of these Regulations on the subject of " Discipline," a member of the Citizen Forces shall be considered to have been " on duty," although not in uniform, in respect to any act done, or omitted to be done, by him in a military capacity or with intentional reference on his part to his military capacity.

Duties of commander of guard as to delivery of " crime."

241. If the account in writing mentioned in paragraph 239 (2) above, commonly termed the " crime," is not delivered at the time, a verbal report to the same effect is to be made. If the " crime " is not received within twenty-four hours, the commander of the guard will either take steps for procuring it, or report that he has not received it to the officer to whom his guard report is furnished, who, if the " crime " or other evidence sufficient to justify the detention is not forthcoming, will, at the expiration of forty-eight hours from the time of committal, order the release of the prisoner. In order to comply with the provisions of paragraph 236 (33) to (35) of these Regulations, the name and offence of every prisoner, including such as may have been received over in custody, and the rank and name of the officer or other person by whom he is charged, are to be entered by the commander of the guard in his guard report, and the original " crime," or a copy thereof, is to be forwarded to the Commanding Officer of the prisoner.

Military custody of officer or non-commissioned officer.

242. Military custody in the case of an officer, warrant officer, or non-commissioned officer (not under sentence) usually means arrest, but an officer, warrant officer, or non-commissioned officer may, if circumstances require it, be placed for custody under the charge of a guard, piquet, patrol, or sentry, or of a provost-marshal.

Arrest o officer.

243. Arrest is either close arrest or open arrest. When arrest is not described as open arrest, it means close arrest. An officer under close arrest is not to leave his quarters or tent, except to take such exercise under supervision as the medical officer considers necessary. When under open arrest he may take exercise at stated periods within defined limits, which will usually be the precincts of the barracks or camp of his unit. If the climate or the state of the prisoner's health or other circumstances require it, these limits may be enlarged at the discretion of the Officer Commanding on the spot. An officer under open arrest may, under strict orders as to his conduct, be directed to proceed from one station to another, or be permitted to leave his station for a particular purpose.

Restrictions.

244. An officer under open arrest is forbidden to use his own or any other mess premises. He is not to appear in any place of amusement or entertainment or at public assemblies, and he is never to appear outside his quarters or tent dressed otherwise than in uniform. An officer, when under arrest, will not wear sash, sword, belts, or spurs.

The underlined part of paragraphs 243 and 244 shall not apply to officers and non-commissioned officers of the Citizen Forces, who are under open arrest, unless when wearing uniform, or in camp.

Release.

245. It is not desirable, except where it appears that the arrest has been made through error, that an officer should be released from arrest by the officer who ordered the arrest, without the sanction of the highest authority to whom the case may have been referred.

When to be ordered.

246. An officer may be placed under arrest by a competent authority, without previous investigation, when circumstances so require ; but a Commanding Officer on receiving a complaint, or coming to the knowledge of circumstances tending to incriminate an officer, will not ordinarily place him under arrest until he has satisfied himself by inquiry that it will be necessary to proceed with the case, and report it to superior authority. He will invariably place under arrest an officer against whom he prefers charges. When an officer is placed under arrest, whether afterwards released or not, the Commanding Officer will invariably report the case without delay to the District Commandant.

Officers under arrest cannot demand a court-martial

247. An officer has no right to demand a court-martial upon himself, except as mentioned in section 88 of the Act, or, after he has been released by proper authority, to persist in considering himself under the restraint of arrest, or to refuse to return to the performance of his duty. An officer who conceives himself aggrieved can complain through the proper channel and seek redress under paragraph 224.

Arrest of warrant or non-commissioned officer.

248. Paragraphs 243 and 244 will also apply to warrant officers and non-commissioned officers, who will, if charged with a serious offence, be placed under arrest forthwith, but, if the offence alleged appears not to be serious, it may be investigated and disposed of without previous arrest. In cases where doubts exist whether the offence alleged has been committed, arrest may be delayed, without prejudice to any subsequent proceedings.

Military custody of private soldier.

249. Military custody in the case of a private soldier (not under sentence) means either the making him a prisoner at large, or the putting him in confinement under charge of a guard, piquet, patrol, sentry, or provost-marshal. The accommodation usually available in barracks for the confinement of soldiers under charge of a guard is :—

1. The Prisoners' Room attached to a guard-room for the temporary detention of prisoners.

2. The Guard-room Cells attached to a guard-room for the detention of prisoners who are to be kept apart.

250. The keys of the prisoners' room and guard-room cells are to be in the charge of the commander of the guard.

251. A private soldier charged with a serious offence will be placed in military custody on the commission or discovery of the offence. He is not to be confined in the guard-room or cells for offences unaccompanied by drunkenness, violence, or insubordination, unless confinement is necessary to insure his safe custody or for the maintenance of discipline, and the investigation of the charge may be held without his being confined. A private soldier against whom a charge for an offence is pending, if a prisoner at large, will not quit barracks until his case has been disposed of. He will attend parades, but will not be detailed for duty. The underlined part of this paragraph shall not apply to soldiers of the Citizen Forces, except when their corps remains under arms or on duty.

Temporary detention in lock-up, police station &c.

252. A soldier in military custody (not under sentence) may be committed, by a warrant signed by his Commanding Officer on the authorized form, for temporary detention for any period not exceeding seven days to any prison, police station, lock-up, or other place of confinement in which prisoners may legally be confined.

Soldiers confined by N.C.O.'s.

253. A private soldier who disobeys an order distinctly given, or resists the authority of a non-commissioned officer, is to be confined without altercation, and immediately reported to the officer commanding his company, &c., or to the adjutant. When a non-commissioned officer has to confine a soldier he will invariably obtain the assistance of one or more privates to conduct the offender to the guard-room, and will himself avoid in any way coming in contact with him. Except in cases of personal violence, or when on detached duties, lance-corporals and acting bombardiers with less than four years' service will not confine private soldiers, but will report the offence to the orderly-sergeant, who will act as the circumstances require.

For drunkenness.

254. A private soldier who is drunk is, if possible, to be confined alone in the prisoners' room or a guard-room cell. Soldiers on being confined will be searched and deprived of knives or other weapons. Soldiers confined for drunkenness may be deprived of their boots, except when the weather is cold, and they are likely to suffer in consequence, and are to be visited and their condition ascertained at least every two hours by a non-commissioned officer of the guard and an escort. Should any symptoms of serious illness be observed, a medical officer is forthwith to be sent for. Soldiers suspected of being drunk are not to be put through any drill or tested for the purpose of ascertaining their condition. Care is to be taken that a soldier charged with drunkenness is perfectly sober before he is brought before an officer for investigation of the charge. For this purpose twenty-four hours should usually be allowed to elapse before the investigation.

Confession of desertion, or offence against enlistment.

255. When a soldier makes a confession of desertion, or of having committed an offence in relation to enlistment, and the investigation cannot immediately be completed, he need not be made a prisoner pending inquiry. But if at the time of the confession, or subsequently, he is charged with any offence, he may be confined, and the investigation and trial may proceed for that offence independently of the confession.

Bedding and exercise of prisoners.

256. Prisoners in confinement for trial by court-martial will be allowed their bedding up to the time of the promulgation of their sentence or of acquittal. Prisoners in confinement pending inquiry will be allowed the use of bedding if their detention exceeds two days. In severe weather prisoners may be allowed such bedding as is necessary. Care is to be taken that prisoners who are under charge of a guard take sufficient exercise, under supervision, for the preservation of their health.

Prisoners to be deprived of their caps.

257. Soldiers are to be deprived of their caps, and of any articles they can use as missiles, during the investigation of offences and during their trial before any court.

Offenders not to bear arms or do duty.

258. An offender while in arrest or confinement is not to be required to perform any duty, other than such duties as may be necessary to relieve him from the charge of any cash, stores, accounts, or office of which he may have charge, or for which he is responsible. If by error, or in emergency, he has been ordered to perform any duty, he is not thereby absolved from liability to be proceeded against for his offence. An offender when in arrest or confinement is not to bear arms, except by order of his commanding officer in an emergency or on the line of march.

Sec. 113 of the Act. Citizen Forces.

259. The provisions of section 113 of the Act limiting the duration of the arrest or custody of a member of the Citizen Forces, and allowing him to resume civilian attire, shall be obeyed in the manner most suited to the circumstances, and such member shall be deemed to be, if an officer or warrant officer or non-commissioned officer, in open arrest, and, if a private soldier, a prisoner at large, until his case has been disposed of.

Any member of the Citizen Forces who has been released from arrest in the manner referred to above, should be notified in writing of the charge against him.

Disabilities.

Compulsory attendance before a court-martial.

261. A member of the Citizen Forces, who has been released from arrest in the manner referred to in para. 259, should, if remanded for trial by court-martial, be summoned to attend, and if he fails to attend, may be taken under a warrant issued under section 114 of the Act, and detained thereunder until disposal of his case. The refusal of such member to attend shall be deemed to be an absconding or deserting within section 114 of the Act. The same course should be followed where a person, liable to trial by court-martial, has ceased to be a member of the Defence Force, but care must be taken to observe the limitation in section 104 of the Act; but if the offence is not an absconding or deserting he should be prosecuted before a civil court.

Failure to pay a penalty or fine.

262. When any member of the Defence Force has been ordered to pay any penalty or fine for an offence against the Act and Regulations, by order of a civil court, or by sentence of court-martial, or by award of a Commanding Officer, and no pay is available from which such amount can be stopped, and such member neglects or refuses to pay such penalty or fine, or absents himself so as not to earn pay to such amount, the failure on the part of such member shall be an offence and liable to punishment under paragraph 236 (45).

Investigation of Charges.

Duty of commanding officer as to investigation of charge for offence.

263. Every Commanding Officer will take care that a person under his command, when charged with an offence, is not detained in custody for more than 48 hours after the committal of that person into custody is reported to him, without the charge being investigated, unless the investigation within that period seems to him impracticable with due regard to the public service. Every case of detention beyond a period of 48 hours, and the reason thereof, shall be reported by the Commanding Officer to the District Commandant.

Hearing of charge.

264. (a) Every charge against a soldier will be heard in the presence of the accused, save as hereinafter provided in the case of the Citizen Forces. See paragraph 297 (3). The accused will have full liberty to cross-examine any witness against him, and to call any witnesses and make any statement in his defence. On the application of the accused, he and his wife may be called as witnesses, but neither he nor his wife shall be called as a witness, except on his own application.

(b) If the accused demands that the evidence against him be taken on oath, the oath will be administered to each witness by the investigating officer in the same form as provided for a court-martial, or in the case of a witness allowed before a court-martial to make a solemn declaration, the like solemn declaration will be made before the investigating officer.

Disposal of the charge or adjournment for taking down the summary of evidence.

265. (a) The Commanding Officer will dismiss a charge brought before him if, in his opinion, the evidence does not show that some offence against the Act or Regulations has been committed, or if, in his discretion, he thinks the charge ought not to be proceeded with.

(b) At the conclusion of the hearing of a charge, if the Commanding Officer is of opinion that the charge ought to be proceeded with he shall, without unnecessary delay, either—

(1) Dispose of the case summarily, or

But a Commanding Officer shall not dispose of a case summarily if the accused has elected to be tried by a district court-martial.

(c) An offender shall not be liable to be tried by court-martial for any offence which has been dealt with summarily by his Commanding Officer, and shall not be liable to be punished by his Commanding Officer for any offence of which he has been acquitted or convicted by a competent civil court or by court-martial.

(d) Where a Commanding Officer has power to deal with a case summarily, and, after hearing the evidence, considers that he may so deal with the case, he shall, unless he awards one of the minor punishments, ask the soldier charged whether he desires to be dealt with summarily or to be tried by a district court-martial, and if the soldier elects to be tried by a district court-martial the Commanding Officer shall take steps for bringing him to trial by a district court-martial, but otherwise shall proceed to deal with the case summarily.

(e) Where the case is adjourned, at the adjourned hearing the evidence of the witnesses who were present and gave evidence before the Commanding Officer, whether against or for the accused, shall be taken down in writing in the presence of the accused before the Commanding Officer or such officer as he directs.

(f) The accused may put questions in cross-examination to any witness, and the questions with the answers shall be added in writing to the evidence taken down.

(g) The evidence of each witness when taken down shall be read over to him and shall be signed by him, or, if he cannot write his name, shall be attested by his mark and witnessed. Any statement of the accused material to his defence shall be added in writing.

266. (a) The evidence and statement (if any) taken down in writing in pursuance of the foregoing (in these Regulations referred to as the summary of evidence) shall be considered by the Commanding Officer, who thereupon shall either—

(b) If the accused is remanded for trial by court-martial, the Commanding Officer shall, without unnecessary delay, either issue an order for the assembly of a court-martial or apply to the proper military authority to convene a court-martial, as the case requires; this delay, and any delay in the reference to superior military authority, should not ordinarily exceed 36 hours.

(c) The summary of evidence, or a true copy thereof, shall be laid before the court-martial before whom the accused is tried on the assembly of the court, and a true copy thereof shall be given to the accused gratis.

Summary award of punishment by commanding officer.

267. (a) The term of imprisonment when awarded by a Commanding Officer in days shall begin on the day of the award. The term of imprisonment when awarded by a Commanding Officer in hours shall begin when the prisoner is received at the military prison, or the public prison to which he is committed, or, if he has

not been sooner received into the prison, shall begin on the day after the day of the award at the hour fixed for the commitment and release of prisoners.

(b) When the Commanding Officer has once awarded punishment for an offence he cannot afterwards increase the punishment for that offence.

Right of trial by court-mart in lieu of summary award.

268. If a soldier is dealt with summarily by his Commanding Officer, otherwise than by the award of a minor punishment, and his Commanding Officer has omitted to ask him whether he desires to be dealt with summarily or to be tried by a district court-martial, the soldier may at any time on the same day before the hour fixed for the commitment and release of prisoners, claim his right to be tried by a district court-martial.

Procedure on charge against an officer.

269. (a) Where an officer is charged with an offence under the Act or Regulations the investigation shall, if he requires it, be held and the evidence taken in his presence in writing in the same manner, as nearly as circumstances admit, as in required in the case of a soldier.

(b) Where an officer is ordered for trial by court-martial without any such taking of evidence in his presence, an abstract of the evidence to be adduced shall be delivered to him gratis not less than 24 hours before his trial, and shall be laid before the court-martial on the assembly of the court.

Rule for investigation.

270. Every officer who does not summarily dispose of a charge which he investigates will carefully avoid any expression of opinion as to the guilt or innocence of the person charged.

Entry and investigation of charges.

Guard report.

271. The charges for offences of non-commissioned officers and soldiers committed to military custody will be entered in the guard report by the commander of the guard as soon as he receives the crime. The charge for an offence of a non-commissioned officer or soldier will be investigated by the officer commanding the company, &c. This officer will decide, except in the case of a non-commissioned officer, whether it be a minor offence that he can deal with. If he decides to deal with it, he will dispose of the case, indorse the "crime" with his award, and send it to the orderly-room to be entered in the minor offence report.

If he decides to leave the case for his Commanding Officer to deal with, he will send the " crime " to the commander of the guard for entry in the guard report, and the soldier will be treated as if in military custody. All charges against soldiers will be investigated without delay in the presence of the prisoner. Prisoners should be disposed of daily (Sunday, Good Friday, and Christmas Day excepted), and, when practicable, in the morning before the hour of Commanding Officer's parade. All charges not disposed of by officers commanding companies, &c., will be investigated by the Commanding Officer. The officer commanding the company, &c., will attend with the defaulter book. If a prisoner in the guard-room is remanded for further inquiry, his case will be brought under review daily until disposed of, and the order for remand will be entered daily in the guard report by the Commanding Officer.

Entry of award.

272. The award of the Commanding Officer will be entered in the guard report, and of the officer commanding the company, &c., in the minor offence report, both reports being signed by the Commanding Officer. The awards of punishments by officers commanding companies, &c., entered in the minor offence report for the day, will be reported to the Commanding Officer by the hour for the disposal of prisoners, and he will make such remissions or remarks as he may think advisable. This report will be attached to the guard report of the day.

Disposal of offenders by commanding: officer.

273 A Commanding Officer may, without reference to superior authority, dispose summarily of, or try by regimental court-martial, a charge against a soldier for an offence under the following sections of the Act :—74 (1), 75, 76, 77, 79, 81, 84 and 85, and under the following paragraphs of the regulations :—Paragraph 236, sub-paragraphs (1) to (4), (10) threatening or insubordinate language only, (11) to (22), (25) to (27), (30), (31) and (32), except when the act is wilful, (33) to (37), (40), (45), (46), (49) to (51), and (53) to (55).

First and less serious offences under the above sections, and minor neglects or omissions, not resulting from deliberate disregard of authority or not associated with graver offences, should, as a rule, be dealt with summarily. A charge for any other offence which the Commanding Officer desires to dispose of summarily will be referred to superior authority in a letter stating the circumstances of the case, and accompanied by the prisoner's defaulter sheet. The Commanding Officer may, if he sees fit, refer a charge for any offence to superior authority with an application for a district court-martial.

Dismissal of charge.

274. It should be borne in mind that, except when it is important that the guilt or innocence of the accused should be definitely decided, it is undesirable to send a case before a court-martial when it appears doubtful whether the evidence will lead to a conviction. In such a case the charge should ordinarily be dismissed, under the provisions of paragraph 265.

Liability of prisoner in respect of lapse of time.

275. Before proceeding with a case it is the duty of the Commanding Officer to ascertain that the soldier is liable to be proceeded against, having regard to the limitations of time prescribed by the Act; and in referring to superior authority a case of desertion not on active service, or of fraudulent enlistment, he must determine and note whether the soldier is liable to trial. A soldier is to be considered as having served in an exemplary manner if, at any time during his service since his fraudulent enlistment, he has had no entry in his regimental defaulter sheet for a continuous period of three years, and he shall not be tried for any such offence of desertion (other than desertion on active service), or of fraudulent enlistment, as was committed before the commencement of such three years.

Liability when evidence may be forthcoming in the future

276. If on the investigation of a charge sufficient evidence is not forthcoming as to whether the accused has or has not committed the offence, and there is no opportunity of carrying the investigation further at the time, the accused, if the offence charged is serious, may be released from arrest or confinement, and ordered to do duty, without prejudice to his re-arrest when further evidence is forthcoming and the matter can be further inquired into. If, however, the offence charged is not serious, and there is no probability of sufficient evidence being obtainable within a reasonable time, the case should be dismissed.

Disclosure of a further charge during investigation.

277. If, when a soldier is charged with one offence, another, the investigation of which cannot be immediately completed or proceeded with, comes to light, the investigation and trial in respect of the original offence may proceed independently, the charge for the other offence being dealt with as prescribed in paragraph 276.

Offence by soldier under sentence.

278. When a soldier already under sentence of court-martial is charged with an offence for which it is necessary to arraign him before a court-martial, the trial should take place at once.

Definition of " commanding officer."

279. The expression " Commanding Officer," as used in these Regulations relating to " Investigation of Charges," " Summary and Minor Punishments," and " Courts-martial," and in the provisions consequential thereon, means, in relation to any person, the Officer Commanding any Corps, for purposes of discipline. For the purpose of the summary award of fines for drunkenness and the

other punishments mentioned in paragraph 291, a squadron, battery, or company constitutes a corps, and the Officer Commanding a squadron, battery, or company is an Officer Commanding a corps.

" Officer commanding any corps."

280. Any officer whose duty it is under the Act or Regulations, or in the absence of any such provision under the custom of military service, to deal with a charge against any person, who is present under his command, of having committed an offence, that is to say, to dispose of it on his own authority, or to refer it to superior authority, is " an Officer Commanding a Corps," and the persons present under the command of such officer constitute a " corps."

The commanding officer of a detachment.

281. The Officer Commanding a detachment (which is hereby declared to be a " corps ") is vested with the full power accorded to a Commanding Officer, but the Commanding Officer of a regiment or battalion, if the detachment is serving in the same command, or the officer commanding the garrison or station where the detachment may be, or other superior authority, may, having regard to the rank and experience of the Officer Commanding the detachment, if below the rank of substantive Major, restrict him from the exercise of any or all of the powers of a Commanding Officer.

Restriction as to summary powers and courts-martial.

282. Nevertheless, an officer commanding a detachment may, if necessity arises, act to the full extent of the powers of a Commanding Officer for the maintenance of discipline notwithstanding any restrictive order, but in such case he will immediately report his action for the information of the superior authority by whom such restrictive order was made.

Detachments may be associated under one command.

283. A District Commandant may, on the embarkation of troops and on other special occasions, associate two or more detachments for the purposes of discipline, and place them under the command of one officer, and such two or more detachments are hereby declared to be a corps. In such cases the powers of the officers commanding the several detachments to award summary punishments and convene regimental courts-martial will, for the time being, remain in abeyance.

" Commanding officer " of members of staff and military staff clerks.

" Commanding officer " in case of the reserve forces.

285. Officers and soldiers of the Reserve Forces, attached to and administered as part of any regiment or corps, form part of such regiment or corps. In other cases, officers and soldiers of the Reserve Forces shall be under the command of the officers respectively whose duty it is to administer the affairs of that portion of the Reserve Forces to which the officers and soldiers belong, and the officers and soldiers under the command of each such officer as aforesaid shall constitute a corps.

Summary and Minor Punishments.

Summary punishments.

286. A Commanding Officer may, subject to the soldier's right to elect, previous to the award, to be tried by district court-martial, *inflict the following summary punishments on a private soldier :—

*Unless there are reasons against the adoption of such a course, a soldier may, on the following day, be given an opportunity of reconsidering his decision to be tried by court-martial.

(In every case of absence without leave a soldier shall forfeit his pay and allowances during such absence.)

Minor punishments.

287. A Commanding Officer may also inflict the following minor punishments, the soldier having no right to claim trial by court-martial :—

Provisions to be observed.

Punishment drill.

Fatigue work may be substituted for punishment drill.

Use of canteen by defaulters.

Minor offences.

Absence without leave.

Notifying in orders names of men absent without leave,

Reprimand, admonition, and reversion from acting appointments.

Detention in hospital caused by offences.

Summary punishments.