Statutory Rules
1985 No. 1591
Defence
(Visiting Forces) Regulations2
(Amendment)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations
under the Defence (Visiting Forces) Act
1963.
Dated
27 June 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Lionel
Bowen
Attorney-General
Summons to give evidence
before, or produce documents to, service tribunal
1. Regulation 9 of the
Defence (Visiting Forces) Regulations is amended—
(a)
by omitting from sub-regulation (1) “section
94 of the Defence Act 1903-1965” and substituting “section 138 of the Defence Force Discipline Act 1982”;
(b)
by omitting from sub-regulation (1) “the
next succeeding sub-regulation”
and substituting “sub-regulation
(2)”;
(c)
by omitting paragraph (1) (a) and substituting the following paragraph:
“(a)
a convening authority within the meaning of the Defence Force Discipline Act 1982; or”; and
(d)
by omitting from sub-regulation (2) “an
officer is that the officer” and
substituting “a convening
authority or an officer referred to in sub-regulation (1) is that the authority
or officer, as the case requires,”.
2. Regulations 10 and 11 of
the Defence (Visiting Forces) Regulations are repealed and the following
regulations substituted:
(S.R.113/85)—Cat. No.—Recommended
retail price 40c 11/2.5.1985
Duties of person
summoned before a service tribunal
“10. 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.
Civil detention of
arrested persons
“11. (1) Section 94 of
the Defence Force Discipline Act 1982 applies
with respect to a member of a visiting force of a country in relation to which
section 8 of the Act applies charged with an offence triable by a service
tribunal of the visiting force as if the member were a person arrested under
the Defence Force Discipline Act 1982 and
in the custody of a member of the Defence Force.
“(2)
Where a commanding officer or the senior member of an escort issues a
certificate under section 94 of the Defence
Force Discipline Act 1982 with respect to a member of a visiting force of a
country in relation to which section 8 of the Act applies charged with an
offence triable by a service tribunal of the visiting force, the commanding
officer or senior member, as the case may be, shall issue a warrant for the
temporary detention of that member in a civil detention facility.
“(3)
A warrant under sub-regulation (2) shall be in accordance with the Form in the
Schedule.
“(4)
In this regulation ‘civil
detention facility’ has the same
meaning as in the Defence Force
Discipline Act 1982.”.
The Schedule
3. The Schedule to the
Defence (Visiting Forces) Regulations is amended by omitting Form 2 and
substituting the following form:
FORM Regulation 11
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 19 .
(Signature
of officer authorized to issue warrant)
NOTES
1.
Notified in the Commonwealth of Australia
Gazette on 5 July 1985.
2.
Statutory Rules 1963 No. 134 as amended by 1965 No. 2; 1966 No. 28; 1970 No.
202; 1973 No. 10; 1975 No. 182; 1976 No. 45; 1983 No. 130.
Printed
by Authority by the Commonwealth Government Printer