Defence (Visiting Forces) Regulations 1963 (Cth)

Defence (Visiting Forces) Regulations 1963

Statutory Rules No. 134, 1963

made under the

Defence (Visiting Forces) Act 1963

Compilation No. 12

Compilation date: 13 August 2023

Includes amendments up to: F2023L01002

Registered: 21 August 2023

About this compilation

This compilation

This is a compilation of the Defence (Visiting Forces) Regulations 1963 that shows the text of the law as amended and in force on 13 August 2023 (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 Register ( 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

  1Name of Regulations

 These Regulations are the Defence (Visiting Forces) Regulations 1963.

3Definition

 In these Regulations:

Act means the Defence (Visiting Forces) Act 1963.

4Declaration – countries within Commonwealth of Nations

For paragraph 6(1)(a) of the Act, each country mentioned in Schedule 1 is a country within the Commonwealth of Nations.

5Declaration – other countries to which Act applies

For subsection 6(2) of the Act, all of the provisions of the Act have effect for each country mentioned in Schedule 2.

6Immunities relating to tolls and permissions etc.

• (1)

  The immunities conferred by section 70 of the Defence Act 1903 on members of the Defence Force and vehicles used by members of the Defence Force are conferred on members of a visiting force sent to Australia by a country in relation to which section 16 of the Act applies and vehicles used by members of that force.

• (2)

  For paragraph 16(2)(b) of the Act, the immunities conferred by subsection 123(1) of the Defence Act 1903 on members of the Defence Force are conferred on members of a visiting force as if:

  • (a)

    references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the relevant visiting force; and

  • (b)

    the reference in paragraph 123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.

• (3)

  For paragraph 16(2)(b) of the Act, the immunities conferred by subsection 123(1) of the Defence Act 1903 on members of the Defence Force, to the extent that those immunities relate to the use, possession or registration of a vehicle, are conferred on members of a civilian component of a visiting force of the United States of America, Singapore, Papua New Guinea or Japan as if:

  • (a)

    references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the relevant civilian component of the relevant visiting force; and

  • (b)

    the reference in paragraph 123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.

• (4)

  For paragraph 16(2)(b) of the Act:

  • (a)

    a member of a visiting force of the United States of America or Japan; or

  • (b)

    a member of a civilian component of such a visiting force;

  is not bound by any law of a State or Territory that would require the member to have permission (whether in the form of a licence or otherwise) to use or to have in his or her possession, or would require the member to register, a vehicle hired or leased by the sending country in relation to the visiting force.

• (5)

  For the purposes of paragraph 16(2)(b) of the Act, the immunities conferred by paragraph 123(1)(b) of the Defence Act 1903 on members of the Defence Force are conferred on members of the civilian component of a visiting force of Japan as if references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the civilian component of the visiting force.

• (6)

  Subregulations (2), (3), (4) and (5) do not limit each other.

9Summons to give evidence before, or produce documents to, service tribunal

• (1)

  The power to summon witnesses to give evidence and produce documents conferred by section 138 of the Defence Force Discipline Act 1982 shall, subject to the condition specified in subregulation (2), be exercisable, with respect to the service tribunals of a visiting force of a country in relation to which section 8 of the Act applies, by:

  • (a)

    an appropriate authority within the meaning of the Defence Force Discipline Act 1982; or

  • (b)

    an officer who holds a rank not below the rank of Commander in the Navy, Lieutenant Colonel in the Army or Wing Commander in the Air Force.

• (2)

  The condition subject to which the power to summon a witness shall be exercisable by an appropriate authority or an officer referred to in subregulation (1) is that the authority or officer, as the case requires, is satisfied that the person requesting the issue of the summons has paid or will pay the reasonable expenses of the witness in attending before the service tribunal.

10Duties of person summoned before a service tribunal

Sections 86 and 87 of the Defence Act 1903 have effect in relation to a person who has been lawfully summoned to attend a service tribunal of a visiting force to give evidence or produce documents, to the extent to which they would have effect if the visiting force were a part of the Defence Force.

11Civil detention of arrested persons

• (1)

  This regulation applies to a member of a visiting force of a country if:

  • (a)

    section 8 of the Act applies to the country; and

  • (b)

    the member is charged with an offence that may be tried by a service tribunal of the visiting force.

• (2)

  For section 16 of the Act:

  • (a)

    subsection 94(1) of the Defence Force Discipline Act 1982 applies to the member as if the member were a person arrested under that Act; and

  • (b)

    subsection 94(2) of the Defence Force Discipline Act 1982 applies to the member as if the member were:

    • (i)

      a person arrested under that Act; and

    • (ii)

      in the custody of a member of the Defence Force.

• (3)

  For section 16 of the Act, if a commanding officer or the senior member mentioned in paragraph 94(2)(b) of the Defence Force Discipline Act 1982 certifies as mentioned in that paragraph in relation to the member, the officer or senior member must issue a warrant for the temporary detention of the member in a civil detention facility.

• (4)

  A warrant under subregulation (3) must be in accordance with the form in Schedule 3.

• (5)

  In this regulation:

  civil detention facility has the meaning given by subsection 3(1) of the Defence Force Discipline Act 1982.

12Witnesses before service tribunals

• (1)

  A service tribunal of a visiting force of a country in relation to which section 8 of the Act applies may receive evidence on oath from a person not subject to the jurisdiction of the service tribunal who appears as a witness before the tribunal, whether the person has been summoned or appears without being summoned, and for this purpose a member of the tribunal may administer an oath to the person.

• (2)

  Where a witness conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions that are asked him.

• (3)

  An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

• (4)

  A person referred to in subregulation (1) who appears as a witness before a service tribunal has the same protection as a witness in a matter before the High Court.

13Extension of investigative powers to visiting force of Japan

Members of a visiting force of Japan

(1)

For the purposes of subsection 16(1) of the Act, a power that would be exercisable, with respect to a member of the Defence Force, under Part VI of the Defence Force Discipline Act 1982 by an authority or person is exercisable by that authority or person with respect to a member of a visiting force of Japan if:

• (a)

  the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence member; and

• (b)

  Japan requests the investigation.

Members of a civilian component of a visiting force of Japan

(2)

For the purposes of subsection 16(1) of the Act, a power that would be exercisable, with respect to a defence civilian, under Part VI of the Defence Force Discipline Act 1982 by an authority or person is exercisable by that authority or person with respect to a member of a civilian component of a visiting force of Japan if:

• (a)

  the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence civilian; and

• (b)

  Japan advises that the member is subject to the jurisdiction of a Japanese service tribunal; and

• (c)

  Japan requests the investigation.

Definitions

(3)

In this regulation:

defence civilian has the same meaning as in the Defence Force Discipline Act 1982.

Defence Force Discipline Act service offence means a service offence within the meaning of the Defence Force Discipline Act 1982.

defence member has the same meaning as in the Defence Force Discipline Act 1982.

Schedule 1Countries within Commonwealth of Nations

(regulation 4)

  

Bangladesh

Brunei Darussalam

Canada

India

Kenya

Malaysia

Mozambique

New Zealand

Pakistan

Papua New Guinea

Singapore

South Africa

Sri Lanka

Tonga

United Kingdom

Zimbabwe

  Schedule 2Other countries to which Act applies

(regulation 5)

  

Argentina

Brazil

Cambodia

Chile

China

Czech Republic

Denmark

East Timor

Egypt

Fiji

France

Germany

Hungary

Indonesia

Iraq

Ireland

Italy

Japan

Jordan

Nepal

Netherlands

Norway

Poland

Portugal

Qatar

Republic of Korea

Republic of the Philippines

Spain

Sweden

Thailand

Turkey

United Arab Emirates

United States of America

Uruguay

Schedule 3Form

(subregulation 11(4))

FormWarrant for the temporary detention in a civil detention facility of a person charged with an offence

COMMONWEALTH OF AUSTRALIA

Defence (Visiting Forces) Act 1963

WARRANT FOR THE TEMPORARY DETENTION IN A CIVIL DETENTION FACILITY OF A PERSON CHARGED WITH AN OFFENCE

To (description of person in charge of civil detention facility) at (address)

I, (full name of person issuing warrant), being a person authorized to issue warrants for the temporary detention in a civil detention facility of persons charged with offences before the service tribunal of

 , do, by this warrant, authorize the temporary

detention of (full name and description of person to be detained in civil detention facility), a person charged with an offence triable by a service tribunal of , in (name of civil detention

facility) and order you, , to receive

into your custody at and detain for a

period not exceeding 7 days.

Dated this day of 20   .

(Signature of officer authorized

to issue warrant)

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)
C[x] = Compilation No. x
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have effect	renum = renumbered
	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given effect	SLI = Select Legislative Instrument
	SR = Statutory Rules
(md not incorp) = misdescribed amendment cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not commenced or to be commenced
No. = Number(s)

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
134, 1963	13 Dec 1963	15 Dec 1963 (r 2 and gaz 1963, p 4577)
2, 1965	8 Jan 1965	8 Jan 1965	—
28, 1966	10 Feb 1966	10 Feb 1966	—
202, 1970	17 Dec 1970	17 Dec 1970	—
10, 1973	25 Jan 1973	25 Jan 1973	—
182, 1975	12 Sept 1975	r 2: 16 Sept 1975 (r 1) Remainder: 12 Sept 1975	—
45, 1976	6 Feb 1976	9 Feb 1976 (r 1)	—
130, 1983	5 Aug 1983	15 Aug 1983 (r 1)	—
159, 1985	5 July 1985	3 July 1985 (gaz 1985, No S255)	—
213, 1989	7 Aug 1989	7 Aug 1989	—
407, 1994	13 Dec 1994	13 Dec 1994 (r 1)	—
73, 1997	14 Apr 1997	14 Apr 1997 (r 1)	—
218, 1999	22 Sept 1999	22 Sept 1999 (r 2)	—
233, 1999	13 Oct 1999	13 Oct 1999 (r 2)	—
117, 2003	19 June 2003	19 June 2003 (r 2)	—
187, 2008	19 Sept 2008 (F2008L03468)	20 Sept 2008 (r 2)	—
26, 2012	13 Mar 2012 (F2012L00562)	14 Mar 2012 (r 2)	—
116, 2014	5 Aug 2014 (F2014L01074)	Sch 1 (items 1, 2): 6 Aug 2014 (s 2(1) item 2) Sch 1 (item 3): 31 Mar 2015 (s 2(1) item 3)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Defence (Visiting Forces) Amendment Regulations 2023	10 July 2023 (F2023L01002)	13 Aug 2023 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
r 1.............................................	rs 1999 No 218
r 2.............................................	rep LA s 48D
r 3A...........................................	ad 1976 No 45
rep 1997 No 73
r 3.............................................	rs 2012 No 26
r 4.............................................	rs 1973 No 10
am 1975 No 182; 1983 No 130; 1994 No 407; 1999 No 218; 1999 No 233
rs 2012 No 26
r 5.............................................	am 1976 No 45; 1983 No 130; 1999 No 218
rs 1994 No 407
am 1999 No 233; 2003 No 117
rs 2012 No 26
r 5A...........................................	ad 1965 No 2
am 1966 No 28; 1976 No 45
rep 1983 No 130
r 6.............................................	am No 45, 1976; No 213, 1989; No 73, 1997; No 116, 2014; F2023L01002
r 7.............................................	am 1976 No 45
rep 1983 No 130
r 8.............................................	rep 1983 No 130
r 9.............................................	ad 1966 No 28
am 1976 No 45; 1985 No 159; 2008 No 187
r 10...........................................	ad 1966 No 28
rs 1985 No 159
r 11 ...........................................	ad 1966 No 28
am 1976 No 45
rs 1985 No 159; 2012 No 26
r 12...........................................	ad 1966 No 28
am 1976 No 45
r 13...........................................	ad No 202, 1970
rep No 45, 1976
ad F2023L01002
Schedule 1
Schedule 1.................................	ad 2012 No 26
Schedule 2
Schedule 2.................................	ad 2012 No 26
Schedule 3
The Schedule heading.................	rep 1976 No 45
Schedule heading.......................	ad 1976 No 45
rep 2012 No 26
Schedule 3 heading.....................	ad 2012 No 26
The Schedule.............................	ad 1965 No 2
Form 1 heading..........................	ad 1966 No 28
Form 1......................................	am1966 No 28; 1976 No 45
rep 1983 No 130
Form 2......................................	ad 1966 No 28
am 1976 No 45
rep 1985 No 159
Form.........................................	ad 1985 No 159
am 2012 No 26