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Thursday, 5 May 1921


Senator PEARCE (Western Australia) (Minister for Defence) . - This clauserepresents merely another drafting amendment rendered necessary by the adoption of the divisional organization. Under it the present military districts will be termed divisions.

Clause agreed to.

Clause 18 -

Section 55 of the principal Act is amended (a) by inserting therein after the words " war service" the words "or on duty"; and (b) by adding at the end thereof the followingsubsections: - " (2) A member of the Military Forces shall not be tried by court martial for an offence which is a civil offence within the meaning of the Army Act, and which is committed within the limits of the Commonwealth, when not on war service." " (3) The sentence for any offence against the Army Act committed when not on war service and notbeing a civil offence within the meaning of the Army Act, shall not include any punishment which, in the scales of punishment provided in that Act, is greater than imprisonment, and the term of imprisonment or detention imposedby the sentence shall not exceed three months." " (4) For the purpose of this section, a member of the Permanent Military Forces shall be deemed to be on duty at all times, and a member of the Citizen Military Forces shall be deemed to be on duty during the whole period of every continuous training which he attends, andat all times when in uniform, and in respect of every act done or omitted to be done by him whether in or out of uniform, in his military capacity, or with intentional referenceon his part to his military capacity."

Section proposed tobe amended -

55.   The Military Forces shall at all times, whilston war service, whether within or without the limits of the Commonwealth, be subject to the Army Act save so far as it is inconsistent with this Act, and subject to such modifications and adaptations as are prescribed, including' the imposition of a fine not exceedingTwenty pounds for an offence either in addition to or in substitution for the punishment provided by the Army Act, and the increase or reduction of the amount of a fine provided by the Army Act:

Provided that the regulations shall not increase the fine for any offence so that it exceeds Twenty pounds.







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