Commonwealth legislation

Defence (Visiting Forces) Regulations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

105 of 1941

Collection

legislative instrument

Plain English Summary

1/10 complexity

What this does:

These regulations create a system for military trials (courts-martial) of Australian Air Force personnel when they are serving overseas alongside British forces.

How it works:

When Australian airmen are stationed outside Australia and operating jointly with British "Home Forces," they may be subject to military discipline under allied command.
The Governor-General can authorize the British military's top legal officer (the Judge-Advocate-General) to appoint legal advisors (called "judge-advocates") to assist with these trials.
These British legal advisors help ensure that courts-martial conducted by allied commanders follow proper legal procedures when trying Australian service members.

Why it matters:

During wartime or joint operations, Australian forces often serve under British command structures. This ensures Australian airmen still receive proper legal oversight and independent advice during military trials, even when those trials are convened by British officers rather than Australian commanders.

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Current sections

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Defence (Visiting Forces) Regulations

STATUTORY RULES.

1941. No. 105.

REGULATIONS UNDER THE DEFENCE (VISITING FORCES) ACT 1939. *

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 (Visiting Forces) Act 1939.

Dated this fourteenth day of May, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. McEWEN

Minister of State for Air acting for and on behalf of the Minister of State for Defence Co-ordination.

Defence (Visiting Forces) Regulations.

Citation.

These Regulations may be cited as the Defence (Visiting Forces) Regulations.

Judge-Advocates for courts-martial for trial of certain members of Air Force outside Australia.

Where any part of the Air Forces of the Commonwealth is serving together and acting in combination with a Home Force at any place outside Australia, the Governor-General may authorize the Judge-Advocate-General of His Majesty’s Forces to depute judge-advocates for the purposes of courts-martial convened, for the trial of members of that part, by any officer duly appointed to command the combined force or any part thereof, and to advise any such officer in relation to the proceedings of courts-martial convened by him.

* Notified in the Commonwealth Gazette on 15th May, 1941.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

2948.—Price 3d.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Defence (Visiting Forces) Regulations