EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO 77
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AIR FORCE REGULATIONS (AMENDMENT)
The Air Force Regulations, made under the Air Force Act 1923, provide for various matters relating to the administration of the Air Force, including provisions relating to discipline.
For the purposes of discipline, regulations 13 and 13B of the Air Force Regulations, subject to adaptations made by schedules 3 and 4 of those Regulations, apply the Rules of Procedure made under the Imperial Air Force Act and the King’s Regulations and Air Council Instructions made under the Imperial Air Force (Constitution) Act.
Background
Under the Imperial provisions, as applied to the Air Force, a member charged with an offence before a service tribunal could plead that the offence with which he was charged had been condoned by a competent Air Force authority. If he substantiated his plea, it operated as a bar to his trial for that offence.
Condonation as a plea in bar of trial was peculiar to Army and Air Force Law.
When the Defence Force Discipline Act 1982 was being drafted, the view was taken that this plea lacked merit and section 143 of that Act accordingly abolishes the plea. It is expected that the Act (which will replace the Imperial legislation currently applicable to the Defence Force) will be brought into operation in 1985.
In the meantime, the continued existence of the plea of condonation had the potential to enable offenders who raised that plea to abort a trial for insubstantial reasons.
This Statutory Rule makes various amendments to the Air Force Regulations to abolish the plea of condonation. Similar amendments are effected to the Australian Military Regulations by a separate Statutory Rule.
Regulation 1 of the Statutory Rule inserts regulation 154 to provide that proceedings before a court-martial shall not be barred on the ground of condonation of the offence.
Regulations 2 and 3 of the Statutory Rule amend schedules 3 and 4 respectively to delete references, in the adaptations of the Rules of Procedure and the King’s Regulations and Air Council Instructions, to those provisions which permit the plea of condonation.
Commencement
The amendments have effect from the date of gazettal of the Statutory Rule.