Defence Force Regulations (Amendment) (Cth)

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Statutory Rules

1980 No. 244

REGULATIONS UNDER THE DEFENCE ACT 19031

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 this nineteenth day of August 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

J. E. MCLEAY

Minister of State for Administrative Services

for and on behalf of the

Minister of State for Defence

_______________

AMENDMENTS OF THE DEFENCE FORCE REGULATIONS2

1Commencement

 These Regulations shall come into operation on 8 September 1980.

2 Regulations 5, 6, 7 and 8 of the Defence Force Regulations are repealed and the following regulations substituted:

Powers of Navy or Army officers, &c., when acting with Air Force

  • “5.

    When—

    • (a)

      a member or part of the Navy and a member or part of the Army; or

    • (b)

      a member or part of either of those arms of the Defence Force,

are or is acting together with a member or part of the Air Force under an order made pursuant to this Part—

  • (c)

    an officer, or a sailor holding the rank of leading seaman or a higher rank, in the Navy who is so acting, or who is a member of the part of the Navy so acting; or

  • (d)

    an officer, warrant officer or non-commissioned officer in the Army who is so acting, or who is a member of the part of the Army so acting,

shall, for the purposes of command and arrest, in relation to that member or part of the Air Force be treated as, and have all the powers, other than powers of punishment, he would have, if he held in the Air Force a rank that is a corresponding rank in relation to the rank held by him in the Navy or the Army.

Powers of Navy or Air Force officers, &c., when acting with Army

  • “6.

    When—

    • (a)

      a member or part of the Navy and a member or part of the Air Force; or

    • (b)

      a member or part of either of those arms of the Defence Force,

are or is acting together with a member or part of the Army under an order made pursuant to this Part—

  • (c)

    an officer, or a sailor holding the rank of leading seaman or a higher rank, in the Navy who is so acting, or who is a member of the part of the Navy so acting; or

  • (d)

    an officer, warrant officer or non-commissioned officer in the Air Force who is so acting, or who is a member of the part of the Air Force so acting,

shall, for the purposes of command and arrest, in relation to that member or part of the Army be treated as, and have all the powers, other than powers of punishment, he would have, if he held in the Army a rank that is a corresponding rank in relation to the rank held by him in the Navy or the Air Force.

Powers of Army or Air Force officers, &c., when acting with Navy

  • “7.

    When—

    • (a)

      a member or part of the Army and a member or part of the Air Force; or

    • (b)

      a member or part of either of those arms of the Defence Force,

are or is acting together with a member or part of the Navy under an order made pursuant to this Part—

  • (c)

    an officer, warrant officer or non-commissioned officer in the Army who is so acting, or who is a member of the part of the Army so acting; or

  • (d)

    an officer, warrant officer or non-commissioned officer in the Air Force who is so acting, or who is a member of the part of the Air Force so acting,

shall, for the purposes of command and arrest, in relation to that member or part of the Navy be treated as, and have all the powers, other than powers of punishment, he would have, if he held in the Navy a rank that is a corresponding rank in relation to the rank held by him in the Army or the Air Force.

Corresponding ranks

“8. (1) For the purposes of these Regulations, a rank specified in an item in the following table is a corresponding rank in relation to any other rank specified in that item:

Column 1

Item

Column 2

Navy

Column 3

Army

Column 4

Air Force

1

Admiral of the Fleet

Field Marshal

Marshal of the Royal Australian Air Force

2

Admiral

General

Air Chief-Marshal

3

Vice-Admiral

Lieutenant-General

Air Marshal

4

Rear-Admiral

Major-General

Air Vice-Marshal

5

Commodore

Brigadier

Air Commodore

6

Captain

Colonel

Group Captain

7

Commander

Lieutenant-Colonel

Wing Commander

8

Lieutenant-Commander

Major

Squadron Leader

9

Lieutenant

Captain

Flight Lieutenant

10

Sub-Lieutenant

Lieutenant

Flying Officer

11

Acting Sub-Lieutenant

Second Lieutenant

Pilot Officer

12

Midshipman

13

Warrant Officer

Warrant Officer, Class 1

Warrant Officer

14

Chief Petty Officer

Warrant Officer, Class 2

15

Artificer, 1st Class

Staff Sergeant

Flight Sergeant

16

Petty Officer

Sergeant

Sergeant

17

Leading Seaman

Corporal

Corporal

18

Able Seaman

Lance Corporal

Leading Aircraftman

19

Seaman

Private

Aircraftman

  • “(2)

    Any reference in an item in the table in sub-regulation (1) to a rank in an arm of the Defence Force shall be read as including a reference to any other rank, in the same arm of the Defence Force, not specified in that table, that under the law governing that arm of the Defence Force is equivalent to the rank specified in that item.”.

3 The Defence Force Regulations are amended by inserting after Part VII the following Part:

“PART VIII—ATTACHMENT OF MEMBERS

Attachment of members

“39. (1) The chief of staff of an arm of the Defence Force may, by instrument in writing, place a member of that arm at the disposal of the chief of staff of another arm of the Defence Force in order that that member may be attached to that other arm by the last-mentioned chief of staff.

  • “(2)

    The chief of staff of an arm of the Defence Force may, by instrument in writing, attach to that arm a member of another arm of the Defence Force who has been placed at his disposal in accordance with sub-regulation (1).

  • “(3)

    Subject to sub-regulation (4), a member attached to an arm of the Defence Force under sub-regulation (2) has the same powers of command and arrest, and is subject to command and arrest, as if he were a member of that arm holding a rank, and having seniority in that rank, corresponding to his rank and seniority in the arm of the Defence Force of which he is a member.

  • “(4)

    A member referred to in sub-regulation (2) does not by reason only of his being attached as provided by that sub-regulation cease to be subject to the law governing the arm of the Defence Force of which he is a member.

Delegation by a chief of staff

“40. (1) A chief of staff may by writing signed by him delegate, either generally or otherwise as provided in the instrument of delegation, 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;

  • (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,

any of his powers under regulation 39.

  • “(2)

    A power delegated under this regulation, when exercised by the delegate, shall, for the purposes of regulation 39, be deemed to have been exercised by the chief of staff.

  • “(3)

    A delegation under this regulation does not prevent the exercise of a power by the chief of staff.”.

4Additional amendments

 The Defence Force Regulations are amended as set out in the Schedule.

_______________

SCHEDULERegulation 4

ADDITIONAL AMENDMENTS OF THE DEFENCE FORCE REGULATIONS

 

Provision amended

Amendment

Sub-regulation 3 (1)

Omit the definition of “the Defence Force”.

Regulation 4

(a)

Omit “body” (wherever occurring), substitute, “member or part”.

(b)

Omit “forces” (wherever occurring), substitute, “arms of the Defence Force”.

(c)

Omit “bodies” substitute, “member or part”.

Sub-regulation 10 (1)

(a)

Omit “body” (wherever occurring), substitute, “member or part”.

(b)

Omit “forces” (wherever occurring), substitute, “arms of the Defence Force”.

(c)

Omit “bodies” substitute, “member or part”.

Paragraph 25 (b)

Omit “Australia”, substitute “the Commonwealth”.

Regulation 32

(a)

Omit “Australia” from the definition of “Australian government officer”, substitute “the Commonwealth”

(b)

Omit “Australia” from the definition of “Australian public authority”, substitute “the Commonwealth”.

Regulation 33

Omit “Australia”, substitute “the Commonwealth”.

Regulation 34

Omit “Australia” (first occurring), substitute “the Commonwealth”.

Regulation 36

Omit “Australia” (wherever occurring), substitute “the Commonwealth”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 August 1980.

2. Statutory Rules 1952 No. 29 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 95 and see also

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