Defence Force Discipline Amendment Regulations 2005 (No. 1) (Cth)

Defence Force Discipline Amendment Regulations 2005 (No. 1)¹

Select Legislative Instrument 2005 No. 46

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Force Discipline Act 1982.

Dated 23 March 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DE-ANNE KELLY

Minister for Veterans’ Affairs

1. Name of Regulations

These Regulations are the Defence Force Discipline Amendment Regulations 2005 (No. 1).

1. Commencement

These Regulations commence on the day after they are registered.

1. Amendment of Defence Force Discipline Regulations 1985

Schedule 1 amends the Defence Force Discipline Regulations 1985.

Schedule 1          Amendments

(regulation 3)

[1]          Regulation 25A, heading

substitute

25AEvidence of speed of vehicles — use of speed measuring devices

[2]          Subregulation 25A (1), before definition of authorised tester

insert

AS 4691.1 ‑ 2003 means the Australian Standard, Laser-based speed detection devices, Part 1: Definitions and device requirements, published by Standards Australia on 12 August 2003.

1. Subregulation 25A (1), after definition of authorised tester

insert

laser-based device means a device for measuring the speed of vehicles of the type that is known as The Kustom Prolaser II.

1. Subregulation 25A (1), after definition of relevant occasion

insert

speed measuring device means a device for measuring the speed of vehicles that is:

(a)a laser-based device; or

(b)a radar device.

1. After subregulation 25A (5)

insert

(5A)The requirements for testing a laser-based device are:

(a)that the test is such as will ensure that the device (if it passes the test) meets the following criteria:

(i)the optical output power of the device is within the specification provided by the manufacturer of the device, or any modification to that design approved by the manufacturer;

(ii)the device is properly calibrated in accordance with the manufacturer’s instructions, and the frequencies at which the calibration is effected produce the following readings determinable from those frequencies:

(A)for speed — within a limit of error plus or minus 2 kilometres per hour of true speeds;

(B)for range — within a limit of accuracy of error plus 0.3 metres, or minus 0.4 metres (or plus 1 foot, or minus 2 feet), for both the short range and long range tests, and using either the simulator or physical method mentioned in AS 4691.1 ‑ 2003; and

Note   Appendix A of AS 4691.1 ‑ 2003 sets out the simulator method of testing laser-based speed detection devices, and Appendix C sets out the physical method.

(b)that the person who conducts the test makes, titles and dates a report containing the following information:

(i)a unique reference number identifying the report;

(ii)the date of the test;

(iii)the name and address of the laboratory that performed the test;

(iv)the identification number or symbols of the device that was tested;

(v)any other results of the test and any comments of that person on the test or its results; and

(c)that the person who conducts the test is an authorised tester.

1. After subregulation 25A (7)

insert

(7A)The requirements for operating a laser-based device are:

(a)the operator of the device must be a police member; and

(b)at the start and the end of each shift in which the device is used, the operator must test the device by performing the following checks in accordance with the manufacturer’s instructions:

(i)an instrument confidence check;

(ii)a calibration verification check;

(iii)a scope alignment check.

1. Regulation 25B, heading

substitute

25BOffence in relation to speed measuring devices

1. Schedule 2, Form 7, heading

substitute

Form 7        Certificate of testing of speed measuring device (valid for 12 months)

(subregulation 25A (9))

1. Schedule 2, Form 8, heading

substitute

Form 8        Certificate of having operated a speed measuring device

(subregulation 25A (10))

1. Further amendments

Provision	omit each mention of	insert
subregulation 25A (2)	radar	speed measuring
paragraph 25A (3) (a)	radar	speed measuring
paragraph 25A (3) (a)	subregulation (5)	subregulation (5) or (5A),
paragraph 25A (3) (a)	paragraph (5) (a)	paragraph (5) (a) or (5A) (a)
paragraph 25A (3) (c)	subregulation (7).	subregulation (7) or (7A).
subregulation 25A (6)	radar	speed measuring
paragraph 25A (6) (a)	subregulation (5);	subregulation (5) or (5A);
paragraph 25A (6) (b)	paragraph (5) (a)	paragraph (5) (a) or (5A) (a)
paragraph 25A (7) (g)	service policeman.	police member.
subregulation 25A (8)	radar	speed measuring
subregulation 25A (9)	paragraph (5) (b),	paragraph (5) (b) or (5A) (b),
subregulation 25A (9)	radar	speed measuring
paragraph 25A (9) (a)	radar	speed measuring
paragraph 25A (9) (a)	subregulation (5)	subregulation (5) or (5A),
paragraph 25A (9) (a)	paragraph (5) (a);	paragraph (5) (a) or (5A) (a);
subsection 25A (10)	service policeman	police member
paragraph 25A (10) (a)	radar	speed measuring
paragraph 25A (10) (a)	subregulation (7);	subregulation (7) or (7A);
paragraph 25A (10) (b)	radar	speed measuring
subregulation 25B (1)	radar	speed measuring
subregulation 25B (2)	radar	speed measuring
paragraph 35 (1) (a)	service policeman	police member
paragraph 35 (2) (a)	service policeman	police member
Schedule 2, Form 7, paragraph (b)	radar	speed measuring
Schedule 2, Form 7, paragraph (c)	radar	speed measuring
Schedule 2, Form 7, paragraph (c)	subregulation 25A (5),	subregulation 25A (5) or (5A),
Schedule 2, Form 7, paragraph (c)	paragraph 25A (5) (a)	paragraph 25A (5) (a) or (5A) (a)
Schedule 2, Form 7, paragraph (d)	radar	speed measuring
Schedule 2, Form 8, paragraph (a)	service policeman	police member
Schedule 2, Form 8, paragraph (b)	radar	speed measuring
Schedule 2, Form 8, paragraph (b)	subregulation 25A (7).	subregulation 25A (7) or (7A).
Schedule 2, Form 8, paragraph (c)	radar	speed measuring
Schedule 2, Form 8, signature block	Service policeman	Police member

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See