STATUTORY RULES.
1920. No. 110.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 1903-1918, to come into operation forthwith.
Dated this twenty-sixth day of June, 1920.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
———
Amendment of Financial and Allowance Regulations.
Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets are amended as follows:—
(1) Regulation 332 is amended by deleting the words—
“The cost of conveyance of the furniture and effects in possession of members transported under this regulation will not be borne by the Commonwealth.”
and substituting in their stead the words—
“The cost of conveyance of the furniture and effects in possession of married members who are transported under this regulation may be borne by the Department within the limits of the schedule contained in regulation 201 (c).”
To take effect as from 1st May, 1920.
(2) Regulation 316 is amended by deleting the words “Commandant on full pay” and substituting in their stead the words “Minister under regulation 314”.
(3) Regulation 335 is repealed and the following regulation made in lieu thereof:—
“335 (1) If any person who is a party to any legal proceedings between private litigants or the solicitor of such person desires the production of official documents as evidence in those proceedings, the person or his solicitor may make an application in writing to the authorizing officer, in whose custody the documents are, for the production of the documents, setting out full particulars of each document required to be produced, the name of the Court or of the Justice, Judge or Magistrate before whom the documents are required to be produced, the place, date and hour when production is required and the names of the parties to the action or to pending proceedings.
(2) Should there be no objection to producing such documents and the same are not confidential public documents, the applicant may be notified that upon payment of the fee and expenses prescribed by this regulation the documents will be produced.
(3) An authorizing officer upon being served with a summons to produce documents in any action, suit or other proceedings may authorize the production of official documents which are not confidential public documents.
(4) The following charges shall except as hereinafter provided be paid in all cases before the production of the documents:—
(a) A fee of One guinea.
(b) A sum sufficient to cover the necessary expenses incurred in searching for, and the
necessary travelling expenses of the officer producing the documents including
reasonable amount for sustenance if deemed necessary.
Provided that an authorizing officer may in his discretion in special cases waive the payment of the whole or portion of the amounts mentioned in this sub-regulation.
(5) An authorizing officer for the purpose of this regulation means—
(a) The Secretary for Defence,
(b) A District Commandant,
(c) The Officer in Charge of Base Records, or
(d) An officer appointed for that purpose by the Minister or Secretary for Defence.
(6) Authority for the production of official documents in cases to which the Commonwealth is a party or is otherwise concerned may only be granted by the Minister.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.