Federal Register of Legislation - Australian Government

Primary content

Australian Military Regulations (Amendment)

Authoritative Version
  • - F1997B00200
  • No longer in force
SR 1979 No. 242 Regulations as made
These Regulations amend the Australian Military Regulations.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR15-Nov-1979
Tabled Senate19-Nov-1979
Gazetted 14 Nov 1979
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

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”.

 

NOTES

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.