Defence Force Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 52

REGULATIONS UNDER THE DEFENCE ACT 1903–1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903–1975.

Dated this fifth day of February, 1976.

John R. Kerr

Governor-General

By His Excellency’s Command,

Minister of State for Defence.

Amendments of the Defence Force Regulations

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

Delegations.

2. After regulation 3 of the Defence Force Regulations the following regulation is inserted in Part I:—

“ 3a. (1) The Minister may, by writing signed by him, delegate to—

(a) a commissioned officer of the Defence Force; or

(b) a person for the time being holding or performing the duties of an office in the First, Second or Third Division of the Australian Public Service,

any of his powers or functions under these Regulations other than this power of delegation.

“(2) A delegation under sub-regulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.”.

* Notified in the Australian Government Gazette on 6 February 1976.

  Statutory Rules 1932, No. 29, as amended by Statutory Rules 1953, Nos. 61 and 62; 1958, No. 38; 1963, No. 133; and 1968, No. 14.

18269/75—Recommended retail price 8c 10/20.1.1976

 

Relative ranks.

3. Regulation 8 of the Defence Force Regulations is amended by omitting the table and substituting the following table:—

Royal Australian Navy	Australian Army	Royal Australian Air Force
Admiral	General	Air Chief Marshal
Vice-Admiral	Lieutenant-General	Air Marshal
Rear-Admiral	Major-General	Air Vice-Marshal
Commodore	Brigadier	Air Commodore
Captain	Colonel	Group Captain
Commander	Lieutenant-Colonel	Wing Commander
Lieutenant-Commander	Major	Squadron Leader
Lieutenant	Captain	Flight Lieutenant
Sub-Lieutenant	Lieutenant	Flying Officer
Acting Sub-Lieutenant	Second Lieutenant	Pilot Officer
Midshipman
Warrant Officer	Warrant Officer, Class 1	Warrant Officer
Chief Petty Officer	Warrant Officer, Class 2
Artificer, First Class
Mechanician, First Class	Staff Sergeant	Flight Sergeant
Naval Shipwright, First Class
Petty Officer	Sergeant	Sergeant
Leading Seaman	Corporal	Corporal
Bombardier
Able Seaman	Lance Corporal	Leading Aircraftman
Seaman	Private	Aircraftman

4. After regulation 11 of the Defence Force Regulations the following Part is inserted:—

“Part III—Council of Defence”

Council of Defence—function.

“ 12. The function of the Council of Defence constituted under sub-section 28 (1) of the Act is to consider and discuss matters relating to the control and administration of the Defence Force, and of the respective arms of the Defence Force, referred to the Council by the Minister.

Meeting of Council ot Defence.

“ 13. (1) Subject to sub-regulation (2), the Council of Defence shall meet only at such times as the Minister directs.

“ (2) The Council of Defence shall meet at least 4 times in each year.”.

5. The Defence Force Regulations are amended by adding at the end thereof the following Part:—

“ Part VII—Defence Areas

Definitions.

“ 32. In this Part—

‘ Australian Government officer ’ means a person holding office under an Act of the Parliament of, or employed by, Australia, and includes—

(a) a person permanently or temporarily employed in the Australian Public Service or the Public Service of a Territory or in the service of an Australian public authority;

(b) a member of the Defence Force; and

(c) an officer of the Commonwealth Police Force;

‘ Australian public authority ’ means a body corporate (not being an incorporated company, society or association) incorporated for a public purpose by or under a law of Australia or of a Territory;

‘ constable ’ means an officer of the Commonwealth Police Force or a member of the police force of a State or Territory;

‘ the repealed Regulations ’ means the Supply and Development (Woomera Rocket Range) Regulations or the Supply and Development (Rocket Range) Regulations, as the case requires;

‘ the Woomera Area ’ means the places situated in the State of South Australia that were declared to be prohibited areas by the notice published in the Gazette on 14 April 1949, under regulation 5 of the Supply and Development (Long Range Weapons) Regulations and by the notice published in the Gazette on 20 December 1951, under sub-regulation 90 (1) of the Supply and Development Regulations;

‘ undertaking ’ means a work of defence;

‘ war material ’ means goods for use for Defence purposes and includes goods being developed for use for defence purposes or being tested for use, or the use of similar goods, for defence purposes.

Regulations to bind the Crown.

“ 33. Regulations 34 and 35 bind the Crown in right of Australia or of a State.

Entry upon and use of land.

“ 34. The Minister may authorize entry upon, and the use on behalf of Australia of, any area of land or water, being an area in which it is necessary or expedient in the interests of the safety or defence of Australia to carry out operations for the testing of war material, for the purpose of carrying out such operations.

Prohibited Areas.

“ 35. (1) The Minister may, by notice published in the Gazette, declare a place to be a prohibited area for the purposes of this regulation.

“ (2) The Minister shall not declare a place to be a prohibited area unless—

(a) it is an undertaking; or

(b) if is a place in which it is necessary or expedient in the interests of the safety or defence of Australia—

(i) to carry out operations for the testing of war material; and

(ii) that special precautions be taken to prevent the entry of unauthorized persons into that place.

“ (3) A person shall not enter, be in or remain in a prohibited area except with the permission of an authority or person authorized by the Minister to give such permission.

Penalty: $100 or imprisonment for 3 months, or both.

“ (4) Permission under sub-regulation (3) may be given subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets, and the person to whom the permission is given shall comply with and observe every such condition which is applicable to him.

Penalty: $100 or imprisonment for 3 months, or both.

“ (5) A person who enters, is in or remains in a prohibited area in contravention of sub-regulation (3) or who fails to comply with or observe any condition which is applicable to him under sub-regulation (4) may, without prejudice to any proceedings which may be taken against him, be removed from the prohibited area by or under direction of a constable, an Australian Government officer or a person authorized by the Minister to do so.

Compensation.

“ 36. Where—

(a) any person suffers loss or damage by reason of anything done in pursuance of regulation 34 in relation to any land or water in which he has any legal or equitable interest; or

(b) by reason of the operation of regulation 35 a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss or damage,

Australia shall be liable to pay to him such compensation as is determined by agreement between him and the Minister or, in the absence of agreement, by action by him against Australia in a court of competent jurisdiction.

Smoking, &c., in protected place.

“ 37. (1) A person shall not, without permission by the officer-in-charge—

(a) smoke, strike a match, light a fire or in any way procure a naked light or flame; or

(b) be in possession of tobacco, matches, a flame lighter, a candle, a lamp or other material capable of being used for smoking or for procuring a naked light or flame,

in a protected place.

Penalty: $100 or imprisonment for 3 months, or both.

“ (2) In sub-regulation (1)—

‘ officer-in-charge ’ means, in relation to an undertaking, the person appointed to be in charge of the undertaking;

‘ protected place ’ means an undertaking or part of an undertaking which is declared by the officer-in-charge, by notice in writing, to be a protected place for the purpose of this regulation, and on which there is prominently displayed a notice to that effect.

Canteens.

“ 38. (1) The Minister may establish, or authorize the establishment of, a canteen for the use of persons performing duties in, or employed in or in connexion with, an undertaking in the Woomera Area and may authorize the sale or supply of intoxicating liquor at such a canteen upon such terms and conditions as are specified by him.

“ (2) It is lawful for a person to sell or supply intoxicating liquor in pursuance of an authority by the Minister under sub-regulation (1).”.

Amendments of the Defence Force Regulations.

6. The Defence Force Regulations are amended as set out in the following table:—

Provision	Amendment
Regulation 2................................	Repeal.
Sub-regulation 3 (1).....................	Omit the definition of “ the Minister ”.
Sub-regulation 3 (2).....................	Omit “ Naval Forces, the Military Forces ”, substitute “ Navy, the Army ”.
Regulation 4................................	Omit “ Naval Forces, a body of the Military Forces ”, substitute “ Navy, a body of the Army ”.
Omit “ respective Chiefs of Staff of the forces concerned may make a joint ”, substitute “ Chief of Defence Force Staff may make an ”.
Regulation 5................................	Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”.
Omit “ Military Forces ” (wherever occurring), substitute “ Army ”.
Omit “ a joint ”, substitute “ an ”.
Regulation 6................................	Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”.
Omit “ Military Forces ” (wherever occurring), substitute “ Army ”.
Omit “ a joint ”, substitute “ an ”.

 

Provision	Amendment
Regulation 7................................	Omit “ Military Forces ” (wherever occurring), substitute “ Army ”.
Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”
Omit “ a joint ”, substitute “ an ”.
Regulation 8................................	Omit “ of these Regulations ”.
Sub-regulation 9 (1).....................	Omit “ The Chief of the Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, respectively,”, substitute “ The Chief of Defence Force Staff ”.
Omit “ them, respectively,”, substitute “ him ”.
Sub-regulation 10 (1)....................	Omit “ Naval Forces ” (wherever occurring), substitute “ Navy ”.
Omit “ Military Forces ” (wherever occurring), substitute “ Army ”.
Omit “ a joint ”, substitute “ an ”.
Regulation 11..............................	Omit “ A joint ”, substitute “ An ”.
Regulation 17..............................	Omit “ the Commonwealth or of a State or Territory of the Commonwealth ”, substitute “ Australia or of a State or Territory ”,
Regulation 19..............................	Omit “ the Commonwealth or of the State or Territory of the Commonwealth ”, substitute “ Australia or of the State or Territory ”.
Regulation 21..............................	Omit “ Forty dollars ”, substitute “ $40 ”.
Omit “ three ”, substitute “ 3 ”.
Regulation 23..............................	Omit “ twenty-one ” (wherever occurring), substitute “ 21 ”.
Regulation 24..............................	Omit “ twenty-one ”, substitute “ 21 ”.
Regulation 25..............................	Omit from paragraph (a) “ twenty-one ” (wherever occurring), substitute “ 21 ”.
Omit from paragraph (a) “ of these Regulations ”.
Omit from paragraph (b) “ the Commonwealth or of a State or Territory of the Commonwealth ”, substitute “ Australia or of a State or Territory ”.
Sub-regulation 26 (1)....................	Omit from the definition of “ Registrar of Deaths ” the words “ of the Commonwealth ”.
Regulation 28..............................	Omit “ of the Commonwealth ”.
Omit “ Defence Forces ”, substitute “ Defence Force ”.
Sub-regulation 29 (1)....................	Omit “ of the Commonwealth ” (wherever occurring).
Sub-regulation 29 (2)....................	Omit “ of the Commonwealth ”.
Regulation 31..............................	Omit “ of the Commonwealth ”.

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