Defence Force Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 1291

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 28 July 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Defence

Commencement

1. These Regulations shall come into operation on 15 August 1983.

Interpretation

2. Regulation 3 of the Defence Force Regulations is amended by adding at the end of sub-regulation (1) the following definition:

“ ‘the Act’ means the Defence Act 1903”. 

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

“PART X—VISITING FORCES

Declaration of countries to which Part IXa of the Act applies

“44. For the purposes of sub-section 116a (2) of the Act, each of the following countries is declared to be a country in relation to which each provision of Part IXa of the Act applies:

Canada;

Fiji;

Malaysia;

New Zealand;

Papua New Guinea;

S.R. 131/83 Cal. No. Recommended retail price 20c 12/7.7.1983

 

Republic of Singapore;

Tonga;

United Kingdom of Great Britain and Northern Ireland;

United States of America.

Form of warrant

“45. The form in the Schedule is prescribed for the purposes of section 116f of the Act.

Sentences imposed by service tribunals of other countries

“46. (1) Where—

(a) a member of the Defence Force is attached temporarily to the forces of a country in relation to which section 116b of the Act applies; and

(b) while he is so attached, a sentence is passed, or a punishment is imposed, on that member by a service tribunal of that country outside Australia,

the sentence or punishment is as valid and effectual, and, to the extent to which it has not been executed outside Australia, may be executed or enforced in Australia, as if it had been passed or imposed by a court-martial constituted under or by virtue of a law of Australia.

“(2) This regulation does not authorize the carrying into effect of a sentence of death passed on a member of the Defence Force by a service tribunal of a country in relation to which section 116b of the Act applies.

Evidence of facts by certificate

“47. For the purpose of legal proceedings within Australia, the Minister may, by writing under his hand, certify that—

(a) on a date specified in the certificate a person named in the certificate was a member of the Defence Force attached temporarily to the forces of a country specified in the certificate, being a country in relation to which section 116b of the Act applies;

(b) on that date a service tribunal specified in the certificate, being a service tribunal of that country, passed a sentence, or imposed a punishment, set out in the certificate on the person named in the certificate; and

(c) the sentence or punishment, or such part of it as is specified in the certificate, has not been executed or enforced,

and the certificate is, upon its production in those proceedings, sufficient evidence of the facts so certified, unless the contrary is proved.”.

4. The Defence Force Regulations are amended by adding at the end thereof the following Schedule:

 

SCHEDULE Regulation 45

COMMONWEALTH OF AUSTRALIA

Defence Act 1903

WARRANT FOR THE APPREHENSION OF AN ABSENTEE WITHOUT LEAVE

TO each member or special member of the Australian Federal Police, each member of the police force of a State or Territory and each member of the Defence Force.

WHEREAS section 116f of the Defence Act 1903 provides that where the designated authority of a country in relation to which that section applies, by writing signed by him, requests an officer authorized by a chief of staff, by order in writing, for the purposes of Division 3 of Part IXa of that Act for assistance in the apprehension of a member of the forces of that country, not being an Australian citizen, who is an absentee without leave from those forces, the authorized officer may, in his discretion, issue a warrant in accordance with the prescribed form authorizing a member or a special member of the Australian Federal Police or a member of the police force of a State or Territory or any member of the Defence Force to arrest that absentee:

AND WHEREAS , a chief of staff, by order in

writing dated , authorized me for the purposes of

Division 3 of Part IXa of that Act:

AND WHEREAS the designated authority of , a country

to which section 116f of the Defence Act 1903 applies, has, by writing signed by him, made a request to me for assistance in the apprehension of a member of the forces of that country, being a person described in the Schedule, who is an absentee without leave from those forces:

AND WHEREAS that person is not an Australian citizen:

NOW THEREFORE I, , an officer of the Army/

Air Force/Navy, by this warrant authorize you to arrest the person described in the Schedule.

SCHEDULE

Full name: Rank:

Number:

Unit or station:

Date of birth:

Citizenship:	Race:
Height:	Weight:	Build:
Complexion:	Colour of eyes:	Colour of hair:

Other distinguishing marks or features:

Date on which and place from which absented himself

without leave:

Dated this day of , 19   .

(Signature of authorized officer)

(Rank and appointment)

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 August 1983.

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.

 

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