Statutory Rules

1979 No. 242

REGULATIONS UNDER THE DEFENCE ACT 19031

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.

 Dated this seventh day of November 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

J. E. McLEAY

Minister of State for Administrative Services for an on behalf of the
Minister of State for Defence

_______________

AMENDMENTS OF THE AUSTRALIAN MILITARY
REGULATIONS2

1 Review of convictions and sentences by a superior authority

  Regulation 265 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:

 “(5) Where a superior authority has reviewed a sentence under sub-regulation (3) or (4) and has substituted a less severe sentence for the sentence originally imposed, the less severe sentence has effect as if it had been imposed on the day on which the original sentence was imposed by the commanding officer.”.

2 Adaptation of section 57 of the Army Act

  Regulation 344 of the Australian Military Regulations is amended by adding at the end thereof the following sub-regulation:

 “(3) For the purpose of its application to the Army whether on war service or not, section 57 of the Army Act shall be read as if sub-section (5) were omitted and the following sub‑section substituted:

 ‘(5) The provisions of this Act with respect to an original sentence apply to a sentence imposed by way of mitigation, remission or commutation.’.”.

3 Authority to disclose

  Regulation 770 of the Australian Military Regulations is amended by omitting from paragraph (d) of sub-regulation (1) “an officer” and substituting “a person”.

1. Notified in the Commonwealth of Australia Gazette on 14 November 1979.

2. Statutory Rules 1927 No. 149 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 20 and see also Statutory Rules 1979 Nos. 20, 30, 169 and 170.