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Thursday, 12 May 1921


Senator DRAKE-BROCKMAN (Western Australia) . - I should like to know why it has been deemed necessary, to substitute the "Military Board or a prescribed officer" as the authority for launching prosecutions. . I quite realize the advisability of striking out the words "District Commandant," and providing some other machinery, but it appears to me that this clause will unnecessarily load the Military Board, which should confine itself to giving effect to the Government policy rather than dealing with the minor matters of administration.

SenatorPEARCE (Western Australia -Minister for Defence) [3.48]. - In practice, of course, prosecutionswould not be launched by the Military Board, and that is why it is proposed to insert the words "or a prescribed officer." We are not constituting the divisional commanders as the prosecuting authority, and therefore this must be the function of the Military Board or a prescribed officer. In nine cases out of ten' a divisional officer or some of his staff might be required to conduct a prosecution, but there may be cases 'in which the Military Board might have to launch prosecutions, for instance, against a divisional commander who, perhaps, had misappropriated funds. This of course is unlikely, but it is a possibility.

Clause agreed to.

Clause 53 -

Section one hundred and eleven of the principal Act is amended by omitting therefrom the words " District Commandant " (wherever occurring), and inserting in their stead the words " District Base Commandant."

Section proposed to be amended - 111. For the purposes of legal proceedings, all moneys subscribed by or for or. otherwise appropriated to the use of any corps or part thereof, or ship's company or part thereof, and all arms, ammunition, accoutrements, clothing, musical instruments, or other things, belonging to or used by any corps or part thereof, or ship's company or part thereof, and not being the private property of a member of the corps or ship's company, shall be deemed to be the property of the commanding officer of the corps or ship's company.

No gift, sale, alienation, or pawning, or attempted gift, sale, alienation, or pawning of any such moneys, arms, ammunition, accoutrements, musical instruments, or other things, by any person, shall be effectual to pass the property therein without the consent of the commanding officer.

If any property belonging to or used by or for the Defence Force is not appropriated to any particular corps or part thereof, or ship's company or part thereof, or it is uncertain to which corps or part thereof or ship's company or part thereof, it belongs, it shall be deemed to be the property of the District Commandant or District Naval Officer as the case may be.

An action or suit shall not abate or be determined by the death, resignation, or removal of the District Commandant or District Naval Officer or any commanding officer, but may proceed in the name of his successor.







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