By section 177 of the Imperial Act, as amended in 1909 and 1912, it is provided as follows:

177. Where any force of volunteers, or of militia, or any other force, is raised in India or in a colony, any law of India or the colony may extend to the officers, non-commissioned officers and men belonging to such force, whether within or without the limits of India or the colony; and any such law may apply, in relation to such force and to any officers, non-commissioned officers, and men thereof all or any of the provisions of this Act, subject to such adaptations, modifications and exceptions as may be specified in such law, and where so applied this Act shall have effect in relation to such force, subject to such adaptations, modifications and exceptions as aforesaid; and where any such force is serving with part of His Majesty's regular forces, then so far as the law of India or the colony has not provided for the government and discipline of such force, this Act and any other Act for the time being amending the same shall, subject to such exceptions and modifications as may be specified in the general orders of the general officer commanding His Majesty's forces with which such force is serving, apply to the officers, non-commissioned officers, and men of such force, in like manner as they apply to the officers, non-commissioned officers and men of the regular forces.

This section shall not apply to any officer belonging to any such force when attached to or doing duty with, or to any non-commissioned officer or man belonging to any such force when attached to or otherwise acting as part of or with, any portion of the regular, reserve, or auxiliary forces in the United Kingdom.

By section 54A of the Commonwealth Defence Act 1903-1912 it is provided that: 54a.-(1) Members of the Military Forces-

1. voluntarily serving with the Imperial Forces outside Australia; or

2. on their way from Australia for the purpose of so serving; or

3. on their way back to Australia after so serving,

shall be subject to the Army Act as if they were part of the Regular Forces, with such modifications and adaptations as are prescribed.

(2) Subject to any Imperial Act, members of the Imperial Forces, serving in Australia with the Defence Force, shall be subject to this Act.

'Prescribed' in this section means prescribed by the Commonwealth Defence Act or by Regulations made under the Commonwealth Defence Act.

But no modifications or adaptations have been made either by that Act or by Regulations under it, and therefore members of the Australian Expeditionary Force,from the time when they are on their way from Australia until the time when they return to Australia are subject to the Imperial Army Act exclusively, as if they were part of the Regular Forces.

Section 55 of the Commonwealth Defence Act, which provides that:

55. The Military Forces shall at all times, while on active service, be subject to the Army Act save so far as it is inconsistent with this Act; but so that the regulations may prescribe that any provisions of the Army Act shall not apply to the Military Forces.

does not affect members of the Commonwealth Military Forces voluntarily serving with the Imperial Forces outside Australia.

[Vol. 13,p.2]