The Secretary, Department of Defence, has forwarded for advice the following telegram received from 'Stralis', Egypt:

AIB 3038 Please say if Bridging Train⁽¹⁾ form part of Australian Imperial Force and whether they are serving under Army Act [and] King's Regulations or Naval Regulations and Admiralty Instructions.

Accompanying the file is a minute by the Adjutant-General, of which the following is an extract:

As was decided on the representations of the Naval Board, the members of the Naval Bridging Train were enlisted in the Naval Forces of the Commonwealth. As such they are subject, under the Naval Defence Act, to the Naval Discipline Act (Imperial) and the King's Regulations and Admiralty Instructions.

The attestation sheet attached is a sample of the form finally adopted for the Naval Bridging Train. It will be noted that the form is headed Australian Imperial Force.

It is not considered that they are subject to the Army Act or the King's Regulations thereunder.

The Attestation Papers used for the enlistment of the members of the Bridging Train are headed:

ROYAL AUSTRALIAN NAVY

AUSTRALIAN IMPERIAL FORCE

Attestation Paper of Persons Enlisted for Service Abroad in Royal

Australian Naval Bridging Train

and contain a solemn declaration by each member that the answers furnished by him to the prescribed questions are true, and that he is willing and voluntarily agrees to serve in the Naval Forces of the Commonwealth within or beyond the limits of the Commonwealth.

The form of oath taken by members is as follows:

I,swear that I will well and truly serve our Sovereign Lord the King in the Naval Forces of the Commonwealth, within or beyond the limits of the Commonwealth from until the end of the War, and a further period of four months thereafter unless sooner lawfully discharged, dismissed, or removed therefrom; and that I will resist His Majesty's enemies and cause His Majesty's peace to be kept and maintained; and that I will in all matters appertaining to my service, faithfully discharge my duty according to law. Section 33 of the Naval Defence Act 1910-1912 is as follows:

33. Members of the Naval Forces may be required to serve for training or any naval service either within or beyond the limits of the Commonwealth. Section 36 of the same Act is as follows:

36. The Naval Discipline Act and the Naval Discipline (Dominion Naval Forces) Act 1911 and the King's Regulations and Admiralty Instructions for the time being in force in relation to the King's Naval Forces shall, subject to this Act and to any modifications and adaptations prescribed by the regulations, apply to the Naval Forces.

In my opinion the Naval Bridging Train is subject to the Naval Defence Act 1910-1912, and also to the Naval Discipline Act, the Naval Discipline (Dominion Naval Forces) Act 1911 and the King's Regulations and Admiralty Instructions as modified and adapted by regulations under the Naval Defence Act 1910-1912.

[Vol. 14, p. 142]

(1)The Royal Australian Naval Bridging Train, a unit formed early in I915 from members of the Royal Australian Naval Brigade. lt saw service at Suvla Bay and in Egypt. The duties allotted to it were of an engineering, construction, salvagband stevedoring nature. For particulars of the history and work of the unit see A.W. Jose, The Royal Australian Navy I914-I918, Vol. IX of The O?icial History of Australia in the War of I914-I918, Angus & Robertson Ltd, Sydney, I928, pp. 389 et seq..