Defence Force Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 2901

Defence Force Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903.

Dated 25 October 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

David Simmons

Minister of State for Defence Science and Personnel

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Defence Force Regulations.

Interpretation of Part XI

2. Regulation 48 of the Principal Regulations is amended by inserting the following definitions:

“ ‘equipment’ includes structure;

‘install’ includes construct, maintain and place;”.

Declaration of defence practice areas

3. Regulation 49 of the Principal Regulations is amended by adding at the end the following subregulation:

“(4) Where the Minister declares a defence practice area under subregulation (1), a chief of staff may from time to time, by notice published in the Gazette,authorise the installation, for a period not exceeding 2 years that is specified in the notice, of equipment for defence purposes:

(a) in an area of sea that is, or is part of, the defence practice area; or

(b) on the sea-bed or in the subsoil beneath that area; or

(c) in the superjacent waters.”.

 

(S.R. 155/89)—Cat. No. 14/5.6.1989

 

Authorisation to carry out a defence operation or practice

4. Regulation 51 of the Principal Regulations is amended by omitting subregulations (2), (3) and (4).

Notice to public of operation or practice

5. Regulation 52 of the Principal Regulations is amended by adding at the end of the following subregulation:

“(2) Where a person authorises the installation of equipment under subregulation 49 (4), the person must cause such notice:

(a) of the installation as is reasonably required to advise persons in reasonable proximity, within the defence practice area concerned, of the place where the equipment is installed; and

(b) of activities of those persons that would be likely to disturb the equipment or interfere with its operation;

to be given to those persons, having regard to:

(c) the nature of the equipment; and

(d) the risk of damage to the equipment or interference with its operation; and

(e) the forms of communication available to that person for the giving of that notice to those persons.”.

Prohibition of being in a defence practice area

6. Regulation 53 of the Principal Regulations is amended:

(a) by inserting after subregulation (2) the following subregulation:

“(2a) Where the installation of equipment is authorised under subregulation 49 (4), a person must not disturb the equipment or interfere with its operation, except with the permission of:

(a) a chief of staff; or

(b) an officer participating in a defence operation or practice in relation to which the equipment was installed.

Penalty: $500 or imprisonment for 3 months, or both.”;

(b) by omitting from subregulation (3) “or (2)” and substituting “, (2) or (2a)”;

(c) by omitting from subregulation (4) “or (2)” and substituting “, (2) or (2a)”;

(d) by omitting from subregulation (6) “or (5)” (wherever occurring) and substituting “, (2a) or (5)”.

Delegation by Secretary or chief of staff

7. Regulation 57b of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “, either generally or as otherwise provided by the instrument of delegation,”;

(b) by omitting from paragraph (1) (b) “Clerical Administrative, Class 9” and substituting “Administrative Service Officer, Class 7”;

(c) by omitting from subregulation (1) “, other than this power of delegation”;

 

(d) by omitting subregulations (2) and (3) and substituting the following subregulation:

“(2) A chief of staff may in writing delegate to:

(a) in the case of the Chief of Naval Staff—an officer who holds a rank in the Navy not below the rank of Lieutenant-Commander; or

(b) in the case of the Chief of the General Staff—an officer who holds a rank in the Army not below the rank of Major; or

(c) in the case of the Chief of the Air Staff—an officer who holds a rank in the Air Force not below the rank of Squadron Leader;

the power of the chief of staff:

(d) under regulation 51 in respect of an operation or practice in which members of the armed forces of a country other than Australia are not to take part; or

(e) under subregulation 53 (2a).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1989.

2. Statutory Rules 1952 No. 29 as amended by 1953 Nos. 61 and 62; 1958 No. 38; 1963 No. 133; 1968 No. 14; 1976 Nos. 52 and 106; 1980 Nos. 95 and 244; 1981 Nos. 177 and 352; 1982 No. 271; 1983 No. 129; 1984 No. 392; 1985 Nos. 88, 118, 131, 156, 235 and 331; 1986 No. 101; 1987 No. 113; 1988 Nos. 58, 89, 321 and 322.

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