Defence (Visiting Forces) Act 1963
No. 81, 1963
Compilation No. 10
Compilation date: 9 December 2017
Includes amendments up to: Act No. 129, 2017
Registered: 9 December 2017
About this compilation
This compilation
This is a compilation of the Defence (Visiting Forces) Act 1963 that shows the text of the law as amended and in force on 9 December 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
4 Repeal
5 Interpretation
6 Countries in relation to which provisions of this Act apply or may be applied
7 Extension of Act to Territories
Part II—Visiting Forces
8 Exercise of powers by service tribunals and authorities of countries sending visiting forces
9 Restriction, with respect to certain offences, of trial by courts of offenders connected with visiting force
10 Waiver of jurisdiction otherwise exercisable by a court
11 Courts not to try offenders tried by service tribunals of visiting forces
12 Arrest, custody etc. of offenders against Australian law
13 Restriction of proceedings in respect of service of members etc. of visiting force
14 Inquests
15 Imprisonment etc. of persons sentenced by service tribunals
16 Application to visiting forces of law relating to Defence Force
17 Settlement of claims against visiting forces
18 Evidence for the purposes of this Part
Part V—Miscellaneous
27 Proof of facts by certificate
28 Delegation of powers and functions
30 Regulations
The Schedule—Offences against the person
Offences Against Property
General
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to make provision with respect to…
Overview
The Defence (Visiting Forces) Act 1963 was enacted by the Australian Parliament to address the legal framework governing the conduct and jurisdiction of foreign military forces visiting Australia. The Act aims to ensure that the operations and legal responsibilities of visiting forces from other countries are clearly defined and that these forces are subject to appropriate jurisdiction and control during their stay in Australia. This includes provisions for the exercise of military justice by the sending country's tribunals, restrictions on the trial of visiting force members by Australian courts for certain offences, and measures to manage legal and administrative matters related to visiting forces, such as the handling of criminal cases, inquests, and the settlement of claims. The Act also includes provisions for the practical arrangements necessary to facilitate the cooperation between Australian authorities and the visiting forces, including the delegation of certain powers and functions to facilitate smoother interactions and compliance with international agreements.
Scope and Application
The Defence (Visiting Forces) Act 1963 applies to naval, military, and air forces of other countries when they are visiting Australia, as well as to the members of those forces and their civilian components, and to the countries that send them. It governs the exercise of powers, jurisdiction, and other matters related to the visiting forces, their members, and their civilian components, ensuring that they are subject to the laws of their own countries rather than Australian law, except in specific circumstances. The Act extends to every Territory and may be applied to countries within the Commonwealth of Nations or any other country declared by regulations to be subject to its provisions. The application of the Act can be extended or restricted through subordinate instruments, such as regulations. The Act does not apply to Australian citizens or persons ordinarily resident in Australia who are associated with visiting forces, unless specified otherwise. It also outlines the circumstances under which Australian courts may try offenders connected with visiting forces, and the conditions under which service tribunals and authorities of the sending countries may exercise their powers within Australia.
Key Provisions
- The Defence (Visiting Forces) Act 1963 (Cth) establishes a legal framework for the presence of foreign military forces in Australia and the jurisdiction over their personnel. Section 8 allows the service tribunals and authorities of a country, in relation to which this section applies, to exercise their powers in Australia or on Australian ships and aircraft. This includes the power to try persons subject to their jurisdiction for offences committed under their national laws. Section 9 restricts the trial of certain offences committed by members of visiting forces by Australian courts, particularly those that arise out of their duties or pertain to the security of their sending country. Section 10 allows the designated authority of a country to request the waiver of jurisdiction by Australian courts in cases where the service tribunals of the country have jurisdiction. Section 11 prohibits Australian courts from trying individuals who have already been tried by the service tribunals of a visiting force for the same offence. Section 12 mandates that when a person is charged with an offence under Australian law, the designated authority of the country to which the person is subject must be notified.
- The Act imposes several obligations on parties involved. The service authorities of a country must notify the designated authority of the country when a person is charged with an offence under Australian law (section 12). The designated authority of a country must notify the Attorney-General of their request for jurisdiction to be waived in cases where their service tribunals have jurisdiction (section 10). The Chief of the Defence Force may direct members of the Defence Force to arrest and deliver to the service authority of a country any member of a visiting force alleged to have committed an offence punishable under the law of that country (section 8(7)).
- Breach of the Act's provisions may lead to civil and criminal consequences. While the Act does not explicitly state penalties, breaches of Australian law by members of visiting forces may result in the imposition of sentences by service tribunals, which can be carried out in Australian prisons if the Attorney-General authorises it (sections 15 and 16). The Act also includes provisions for the settlement of claims against visiting forces and the provision of evidence in proceedings related to visiting forces (sections 17 and 18). Certificates provided by designated authorities and the Australian Government Solicitor can be used as evidence in court (section 18). The Act allows for the delegation of powers and functions to certain officials (section 28). It also includes provisions for regulations to be made by the Governor-General to carry out or give effect to the Act (section 30).
- Area of Law
- International Law
- Military Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Enforcement Powers
- Licensing & Registration