STATUTORY RULES.
1928. No. 126.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1927.
I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1927, to come into operation forthwith, excepting amendments to Regulations 76 and 88, which shall come into operation on 15th December, 1928.
Dated this twenty-seventh day of November, 1928.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
C. M. C. MARR
for Minister of State for Defence.
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Australian Military Regulations.
(Statutory Rules 1927, No. 149.)
Amendments.
The Australian Military Regulations are amended as follows:—
(i) The following regulation is inserted next after A.M.R. 3:—
Definition of soldier in A.A.
3a. For the purpose of its application to the Military Forces, A.A. 190 (6) shall be read as if next after the words “warrant officer” there were inserted the words “not holding an honorary commission”.
(ii) A.M.R. 9 is amended by inserting at the end thereof the following sub-regulation:—
Royal Military College of Australia.
(4) To the extent to which these regulations are inconsistent with regulations relating to the Royal Military College of Australia made before or after these regulations, the regulations relating to the Royal Military College of Australia shall prevail.
(iii) A.M.R. 51 is amended by deleting the words “ranks of colonel-commandant and colonel on the staff” and substituting the words “rank of brigadier”.
(iv) A.M.R. 52 is amended by deleting the words “colonel-commandant or colonel on the staff” and substituting the word “brigadier”.
2695.—Price, 5d.
(v) A.M.E. 64 is amended by deleting in the second column of the table in sub-regulation (1) thereof, the words “Sergeant-bugler”, “Sergeant-drummer” and “Sergeant-trumpeter” and substituting the words “Bugle-major”, “Drum-major” and “Trumpet-major” respectively, and by inserting in that column the words “Pipe-major” under the words “Sergeant orderly-room clerk”.
(vi) A.M.R. 69 is amended by deleting the words—
“Colonel Commandant |
|
Colonel on the Staff |
and substituting the word “Brigadier”.
(vii) A.M.R. 76 is amended by re-numbering sub-regulation (2) to be sub-regulation (5) and by inserting next after sub-regulation (1) the following sub-regulations:—
(2) Promotion to the rank of Lieutenant in the Citizen Forces under D.A. 11a shall be on probation. The probationary promotion of an officer under this sub-regulation shall be confirmed after the expiration of eighteen months from the day of the promotion, if his Formation etc. Commander certifies in writing that the officer is fitted in all respects for the duties of his rank. In time of war a probationary promotion under this sub-regulation may be confirmed at any time on the recommendation of the Military Board.
(3) The probationary promotion of an officer under sub-regulation (2) of this regulation may be terminated at any time, if his Formation etc. Commander certifies in writing that he is unfitted for the duties of his rank.
(4) A person whose probationary promotion is terminated under sub-regulation (3) of this regulation shall, if belonging to a quota called upon to be trained under Part XII. of the D.A., revert to the rank which he held immediately before his probationary promotion.
(viii) A.M.R. 88 is amended by—
(a) inserting in sub-regulation (1) thereof the words “without the approval of the Military Board” next after the words “shall not” and
(b) deleting in sub-regulation (1) thereof the words “eighteen months” where they twice occur, and substituting the words “three years”.
(ix) A.M.R. 113 is amended by omitting in sub-regulation (1) thereof the words “or as an officer and as a soldier under Part XII. of the Act.”.
(x) A.M.R. 115 is amended by deleting the words “colonel-commandant or colonel on the staff” in sub-regulation (2) thereof, and substituting the words “or brigadier”.
(xi) A.M.R. 125 is amended by omitting in sub-regulation (5) thereof all words after the word “retirement”.
(xii) A.M.R. 132 is amended by adding at the end of sub-regulations (1) and (2) thereof the words “provided that in the case of an officer holding the substantive or honorary rank of major-general or a superior rank the report shall be made to Head-quarters”.
(xiii) A.M.R. 133 is amended by inserting next after the word “resides” the words “provided that in the case of an officer holding the substantive or honorary rank of major-general or a superior rank the report shall be made to Head-quarters”.
(xiv) A.M.R. 161 is amended by deleting in sub-regulation (1) thereof the words “colonel-commandant” and substituting the word “brigadier”.
(xv) A.M.R. 191 is amended by deleting in sub-regulation (1) thereof the words “and not serving in the Ordnance Corps or Ordnance Department” and the words “or a member of the Permanent Forces serving in the Ordnance Corps or Ordnance Department” and by deleting the figures “55” and substituting the figures “60” and by deleting the figures “60” where they secondly occur and substituting the figures “55”.
(xvi) A.M.E. 202 is amended by omitting paragraphs (d) and (e).
(xvii) A.M.E. 217 is repealed and the following regulation substituted:—
“217. For the purpose of its application to the Military Forces. A.A. 182 shall be read with the following modifications, that is to say—
(a) as if next after the words ‘warrant officer’ where they first occur, there were inserted the words ‘not holding an honorary commission’; and
(b) as if in sub-section 2 (a)—
(i) next after the words ‘this Act’ there were inserted the words ‘or the Defence Act of the Commonwealth of Australia or any regulations made thereunder’; and
(ii) next after the words ‘as a soldier’ there were inserted the words ‘or he is serving or immediately liable to serve under Part IV. of the Defence Act of the Commonwealth of Australia; or being a member of the Citizen Forces under that Act, he is liable to be trained under Part XII. thereof’.”.
(xviii) A.M.R. 239 is amended by deleting in sub-regulation (1) thereof the words “at the time of making these Regulations” and substituting the words “on the twentieth day of October, 1928”.
(xix) A.M.R. 256 is amended by inserting in sub-regulation (5) thereof the words “(unless a forfeiture of pay is involved)” next after the words “having any right”.
(xx) A.M.R. 265 is amended by deleting the words “colonel-commandant” and substituting the word “brigadier”.
(xxi) A.M.R. 266 is amended by deleting the words “colonel-commandant” wherever occurring and substituting the word “brigadier”, and by deleting in sub-regulation (2) thereof the words “at the time of making these Regulations” and substituting the words “on the twentieth day of October, 1928”.
(xxii) A.M.R. 268 is amended by inserting at the end of sub-regulation (4) thereof the following—
“Provided that a fine shall not be awarded with another punishment which is not payment of a sum of money.”
(xxiii) A.M.R. 283 is amended by inserting in sub-regulation (7) thereof in the form of certificate the words “, on the................day of..........19......,” next after the words “certify that”
(xxiv) The following regulation is inserted next after A.M.R. 294:—
Losses due to neglect.
294a. (1) With the approval of the Military Board there may be deducted from the pay (due or to become due) of a member the amount, or any part or share of the amount, of any loss or damage suffered or expense incurred by the Commonwealth, if the loss, damage or expense is reported by a court of inquiry, held in accordance with these Regulations, to have been occasioned by the member’s neglect of duty or failure to observe any provision of the D.A. or of any regulation made under the D.A. or any lawful order or instruction on the part of the member alone or with any other person.
(2) This regulation shall not apply to any matter which has come to the knowledge of a proper military authority before the making of this regulation or to any loss, damage or expense which could have been the subject of an order for payment by a court-martial by which the member has been tried or to any loss, damage or expense which has been the subject of a fine under A.M.R. 256 (2) (f) or of an award for payment of a sum of money under A.M.R. 268 (4) (v).
(xxv) A.M.E. 295 is amended by inserting at the end of paragraph (b) of sub-regulation (2) thereof the word “or” and by adding at the end of that sub-regulation the following paragraph:—
“(c) continues for more than twenty-four hours, it shall not be counted as more days than the number of periods of twenty-four hours of its continuance, plus one day for any additional period of loss than twenty-four hours.”
(xxvi) A.M.E. 302 is amended—
(a) by inserting the figure “(1)” next after the figures “302”, and
(b) by adding the following sub-regulation:—
(2) A statement in an order convening a court-martial of the appointment held by the president or a member on the staff of Head-quarters or of a formation &c. shall be sufficient indication that he is not allotted for duty with a regiment, brigade of artillery, or other similar unit.
(xxvii) The following regulation is inserted next after A.M.K. 306:—
Adaptation of R.P. 24.
306a. For the purpose of its application to the Military Forces, R.P. 24 shall be read as if next after the word “law” there were inserted the words “under the Army Act or the Australian Military Regulations”.
(xxviii) A.M.R. 308 is amended by deleting in paragraph (d) thereof the figure “(3)” first occurring, and substituting the figure “(iii)”.
(xxix) A.M.R. 311 is amended by deleting the words “, at the time of making these regulations” and substituting the words “on the twentieth day of October, 1928”.
(xxx) A.M.R. 317 is amended by deleting the words “at the time of making these regulations” and substituting the words “on the twentieth day of October, 1928”.
(xxxi) A.M.R. 466 is amended by inserting the words “with the previous approval of the Military Board” immediately before the words “permit the member”.
(xxxii) A.M.R. 688 is amended by adding at the end thereof the following sentence:—“Flags will be flown at flag stations at the masthead”.
(xxxiii) A.M.R. 703 is amended by deleting the words “colonel-commandant” and substituting the word “brigadier”.
(xxxiv) A.M.R. 708 is amended by deleting sub-regulation (2) thereof and substituting the following sub-regulations:—
(2) On the death of a member of the British Royal Family and on other special occasions flags at flag stations are to be flown as directed by the Governor-General.
(3) On the death of a foreign sovereign or the president of a republican State flags at flag stations are to be flown at half-mast on the day intelligence of the death is received and also on the day of the funeral.
(xxxv) A.M.R. 709 is amended by deleting the words “Queen’s Park” and substituting the words “Drill ground, Kelvin-grove”.
(xxxvi) A.M.R. 724 is amended by deleting the words—
“Colonel-Commandant
Colonel on the Staff”
wherever occurring and substituting the word “Brigadier”.
(xxxvii) A.M.R. 737 is amended by deleting sub-regulation (2) thereof and substituting the following sub-regulation:—
“(2) The prescribed copy of entries in a record book issued under D.A. 146 shall, on the discharge of the person to whom it relates from service under Part XII. of the D.A., or, if he sooner dies, on his death be retained for three years from the date of his discharge or death by the authority in whose custody it is when the discharge or death occurs, and shall, at the expiration of those three years, be destroyed.”
(xxxviii) A.M.R. 738 is amended by omitting the words “at the end of that year” and by inserting at the end the words “as soon as practicable after the person is called upon to attend for training or is exempted.”
(xxxix) A.M.R. 745 is amended by omitting in paragraph (a) of sub-regulation (1) thereof the word “battalion”, and by adding next after sub-regulation (3) thereof the following sub-regulation:—
“(4) Each company roll book shall be kept for a period of ten years after the last annual training recorded therein and shall then be destroyed.”
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By Authority: H. J. Green, Government Printer, Canberra.