STATUTORY RULES

1923. No. 200.

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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 unless otherwise indicated herein.

Dated this eleventh day of December, 1923.

FORSTER,

Governor‑General.

By His Excellency’s Command,

E. K. BOWDEN,

Minister of Slate for Defence.

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Australian Military Regulations 1916.

Amendments

A. Regulation 974 is cancelled and the following regulation is substituted:—

“974. The rules for the conduct and control of sergeants’ messes in the Military Forces and the books, forms and statements authorized to be used in connexion therewith shall be as approved by the Military Board.”

The headings:—

“Division 9—Garrison and Regimental Institutes, Canteens, &c.,” and

“General”

next following regulation 974 are cancelled and the following heading is substituted:—

“Division 9—Military Institutes (Canteens, &c.)”.

Regulations 975 to 1001 are cancelled and the following regulations substituted:—

General.

Intoxicating liquors

975. No intoxicating or spirituous liquors shall be sold or supplied and no person shall have intoxicating or spirituous liquors in his possession at any military institute (canteen. &c.), camp, fort or post during such time as training of persons as prescribed in paragraphs (a), (b), and (c) of section 125 of the Act is proceeding in such military camp, fort, or post, except as prescribed for purely medical purposes.

Permanent Forces.

Institutes only for Defence force.

976. District Base Commandants may authorize a military institute to be opened at any military barracks, camp, fort or rifle range during such hours as they may think fit for the supply of

C.19063.—Price 5D.

goods and refreshments which may include ales and wines, to members of the Defence Force other than persons liable to be trained under Part XII. of the Act, and may authorize one or more members of the Defence Force, other than persons liable to be trained under Part XII. of the Act, whether N.C.O.’s or not, so to supply such goods and refreshments. The member or members so authorized shall be responsible for the opening and closing of the military institute at the hours authorized by the District Base Commandant.

Base Institutes.

977. At stations where the District Base Commandant is of the opinion that local circumstances render it expedient, he may establish a District Base military institute either in lieu of or in addition to any regimental institutes. A District Base military institute shall be administered and conducted under the orders of the District Base Commandant (who, in respect of such a institute, shall have the same responsibilities, duties and powers as a C.O. of a unit in respect of a regimental institute established in his unit).

Management

978. All military institutes in the Permanent Forces shall be conducted on the regimental system, and the right of supplying goods and refreshments in those institutes shall not be farmed to contractors or other persons.

Liquors as goods property of corps.

979. No liquors or goods shall be supplied in a military institute other than those the property of the institute or of the corps for whose benefit the institute has been established.

Trained

980. Persons liable to be trained under Part XII. of the Act shall not be permitted to enter or to be served at any military institute of the Permanent Forces.

Ales and wines only allowed

981. At all military institutes in the Permanent Forces the supply of all alcoholic liquors, except ales and wines is prohibited.

Responsibility of District once Commandant.

982. The District Base Commandant shall supervise and control all military institutes of units under his command within the military district, and shall be responsible that the regulations and rules relating thereto are observed. He shall decide all matters connected therewith which require the decision of an authority superior to the C.O. of the unit, and do not require the decision of the Military Beard.

Committee of management.

983. A committee of management shall be appointed for each district base or garrison institute by the District Base Commandant and for each regimental institute by the C.O. The committee shall consist of a president, other officers of the district base, garrison or unit respectively not exceeding two in number and two members nominated by the W.O.’s, N.C.O.’s and men. The president in the case of a district base or garrison institute shall be the District Base Commandant and in the case of a regimental institute, the C.O. of the unit.

Rules forms, statements, &c.

984. The rules for the conduct and control of military institutes and the books, forms and statements authorized to be used in connexion therewith shall be as approved by the Military Board.

Citizen Forces.

Temporary military institutes camps &c.

985. The senior formation &c. commander in a military District may appoint a committee for the purpose of calling for and accepting tenders for the sale of groceries for the establishment of booths for the sale of non‑alcoholic liquors, and for the establishment of barbers’ shops, and of other like institutions, in any

authorized camp of continuous training and at approved schools and courses of instruction. The Committee shall be composed of an officer of the Quartermaster‑General’s Branch from each formation and from the District Base Head‑quarters and such other representative officers of the different arms of the service as the officer authorized to appoint the committee may approve.

Division of proceeds

All moneys received by the committee by way of deposits on tenders or contracts or agreements, or by way of payment in pursuance of contracts or agreements shall be dealt with as provided by the Financial and Allowance Regulations.

986.. If the tenders received for the sale of groceries, and the establishment of institutes in a camp of continuous training or at an approved school or course of instruction are so low that it would be more advantageous to establish the required institutes on the regimental system, or if no tenders are received, the senior formation &c„ commander may authorize the temporary establishment of military institutes on the regimental system.

The rules for such institutes shall be as approved by the Military Board.

At the conclusion of the camp, school, or course of instruction all assets and liabilities shall be realized or adjusted respectively and the proceeds shall be dealt with in accordance with the Financial and Allowance Regulations.

To take effect as from 1st January, l921.

B. Regulation 19 is cancelled and the following substituted therefor:—

“19 (1) The undermentioned military districts are appointed under section 8 of the Act:—

1st Military District:—The State of Queensland and the Northern Territory of Australia.

2nd Military District:—The State of New South Wales together with the Federal Territory of Australia, and that portion of the 50th Battalion area south of the River Murray, but exclusive of that portion of the 38th Battalion area north of the River Murray, that portion of the 58th Battalion area north of the River Murray and that portion of the 50th Battalion area extending into New South Wales.

3rd Military District:—The State of Victoria together with that portion of the 38th Battalion area north of the River Murray and that portion of the 58th Battalion area north of the River Murray; but exclusive of that portion of the 56th Battalion area south of the River Murray.

4th Military District:—The State of Victoria together with that portion of the 50th Battalion area extending into New South Wales.

5th Military District:—The State of Western Australia.

6th Military District:—The State of Tasmania.

(2) The exact boundaries of the Military Districts and of the battalion areas mentioned in this regulation shall be as approved by the Military Board, and as shown on maps published by authority of the Military Board to show the boundaries of the respective areas.”

Regulation 206—The word “Regimental” is deleted wherever occurring, and the word “Battalion” substituted in lieu thereof.

C. Regulation 77a.—Sub‑regulation (3) is cancelled and the following substituted therefor:—

“(3) Officers of the Australian Army Medical Corps, Militia, appointed to the rank of Lieutenant provisionally in pursuance of the last preceding sub‑regulation who have not passed the prescribed examination for the rank of Captain may, on ceasing to be liable to be trained under paragraph (d) of section 125 of the Act, be promoted to the rank of Captain provisionally, whether or not their appointment to the rank of Lieutenant has been confirmed”.

D. Regulation 77e.—Sub‑regulation (3) is cancelled and the following substituted therefor:—

“(3) Officers of the Australian Army Veterinary Corps, Militia, appointed to the rank of Lieutenant provisionally in pursuance of the last preceding sub‑regulation, who have not passed the prescribed examination for the rank of Captain, may, on ceasing to be liable to be trained under paragraph (d) of section 125 of the Act, be promoted to the rank of Captain provisionally, whether or not their appointment to the rank of Lieutenant has been confirmed”.

E.—Regulation 152.—Sub‑regulation (1) is amended by deleting the line: —

“Military Staff Clerks.........60”.

The heading “Division 3—Military Staff Clerks” immediately preceding regulation 181, and regulations 181 to 193 inclusive are repealed.

F. Regulations 174 and 175 are cancelled and the following substituted therefor:—

“174 (1) The syllabus and scope of the examinations for first appointment to non‑commissioned rank and for promotion in warrant and non‑commissioned rank in the Citizen Forces shall be as approved by the Military Board.

(2) The examinations shall be conducted by Boards of Examination in such manner as is approved by the Military Board and, except in so far as candidates may be called upon to do such written work as is required in the duties of the rank for which they are examined, shall be practical and oral.

(3) No persons shall be appointed to or promoted in warrant or non‑commissioned rank until they shall have qualified for that rank in accordance with these Regulations.”

“175. (1) The examination for first appointment to non‑commissioned rank shall be qualifying and competitive. All persons serving in the ranks shall be eligible to compete in the examinations and all appointments to non‑commissioned rank shall be made from those who qualify and are most successful in those examinations.

(2) First appointments of successful candidates to non‑commissioned rank may be made to the rank of corporal or to any lower non‑commissioned rank, and the senior appointments shall be made from the most successful candidates.

(3) Candidates who qualify at a competitive examination for first appointment to non‑commissioned rank for whom no vacancies

for appointment to that rank exist, may, within a period not exceeding one year from the date of that examination, be appointed without further examination to vacancies for first appointment that subsequently occur prior to the holding of the next competitive examination.”

“175a. (1) The examinations for promotion of N.C.O.’s to higher non‑commissioned rank and to warrant rank in the Citizen Forces shall be qualifying only.

(2) N.C.O.’s who have been successful in the competitive examinations for first appointment to non‑commissioned rank shall be qualified for promotion in non‑commissioned rank up to and including the rank of Corporal.

(3) N.C.O.’s who have passed the examination for the rank of sergeant shall be qualified for promotion to that rank and to any higher rank below that of W.O.

(4) W.O.’s and N.C.O.’s who have passed the examination for the rank of W.O. shall be qualified for promotion to the ranks of W.O. (Class I.) and W.O. (Class II.).

(5) A N.C.O. below the rank of sergeant shall not be eligible for examination for promotion to the rank of W.O.”.

G. Regulation 403 is amended by inserting the words “and holidays” immediately after the word “Sundays”.

Regulation 404 is amended by inserting immediately after the word “Sundays” the words “and holidays”.

The following new regulations are inserted next after Regulation 404:—

“404a. In very exceptional cases, special circumstances may be taken into consideration, such as the excessive distance of a locality from the capital city of the State and the unusually severe nature of climatic conditions, and the Military Board may permit leave of absence for recreation to accumulate for three consecutive years.

404b. The Military Board may, in respect of service in such remote localities and under such conditions as it determines, increase the period of annual leave for recreation to 30 days, exclusive of Sundays and holidays”.

H. Regulation 225 is cancelled and the following substituted therefor:—

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

J. Regulations 1118 to 1124 inclusive are repealed as from 19th November, 1923.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.