Australian Military Amendment Regulations 2000 (No. 1) 2000 No. 67
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 67
issued by the Authority of the Minister for Veterans' Affairs
Defence Act 1903
Australian Military Amendment Regulations 2000 (No. 1)
Subsection 124(1) of the Defence Act 1903 ("the Act") provides that the Governor-General may make Regulations prescribing all matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the Defence Force.
The Australian Military Regulations ("the Regulations") provide for, amongst other things, the organisation and administration of the Australian Army. The purpose of the Statutory Rule is to repeal redundant provisions of the Principal Regulations relating to Army establishments.
Division 2, Part XIII of the Principal Regulations deals with the access* and admission to military works and closed places. It covers such matters as who can be admitted to military works (with or without a pass), the exclusion of unauthorised persons, access to closed places and the issue and return of passes. The Principal Regulations only apply to the Australian Army and therefore Division 2, Part XIII of those Regulations only applies to Army establishments.
As the Australian Defence Force now operates under a tri service basis, a Defence Instruction, "Defence Identity and Access Control Cards " issued under the Act, contains provisions relating to access to all Defence establishments. This instruction applies equally to the Navy, Army and Air Force and is now the sole basis for dealing with matters previously covered by Division 2, Part XIII of the Principal Regulations. As a result, Division 2 of Part XIII of the Principal Regulations is no longer operative and the Statutory Rule repeals those provisions from the Principal Regulations.
The Statutory Rule also changes the name of the Principal Regulations to the Australian Military Regulations 1927.
The Regulation commenced on gazettal.
Overview
The Australian Military Amendment Regulations 2000 (No. 1) were introduced to modernise and streamline the administrative framework governing the Australian Defence Force, particularly the Australian Army. Enacted under the authority of the Minister for Veterans' Affairs and pursuant to the Defence Act 1903, these regulations aim to address the redundancy of certain provisions within the Australian Military Regulations. Specifically, the regulations target the repeal of outdated rules concerning access and admission to military works and closed places, which are now comprehensively managed by a Defence Instruction applicable to all three branches of the Defence Force. This legislative update reflects the current tri-service operational model, ensuring that the regulatory framework is both efficient and relevant to the contemporary Defence environment.
Scope and Application
The Australian Military Amendment Regulations 2000 (No. 1) pertains specifically to the Australian Army, addressing the redundancy of certain provisions within the Australian Military Regulations. It applies to individuals and entities involved with Army establishments, focusing on the administration and organisation of the Australian Army. The regulation is part of the broader Defence Act 1903, and its amendments reflect the evolving operational structure of the Australian Defence Force, which now operates on a tri-service basis. As a result, it repeals certain outdated provisions concerning access and admission to military works and closed places that were previously regulated under Division 2, Part XIII of the Principal Regulations. This division, which was exclusive to the Army, is superseded by the Defence Instruction titled "Defence Identity and Access Control Cards," which now governs access across all Defence establishments uniformly. The regulation also formalises the renaming of the Principal Regulations to the Australian Military Regulations 1927. The changes took effect immediately upon gazettal.
Key Provisions
The Australian Military Amendment Regulations 2000 (No. 1) primarily focus on repealing redundant provisions from the Australian Military Regulations 1927, specifically those relating to access and admission to military works and closed places, as these matters are now governed by a Defence Instruction applicable to all Defence Force services (subsection 124(1) Defence Act 1903). The principal change involves the repeal of Division 2, Part XIII of the Principal Regulations, which was previously applicable only to Army establishments. This division covered the admission to military works, exclusion of unauthorised persons, access to closed places, and the issuance and return of passes. The repeal reflects the current operational structure of the Australian Defence Force, which operates on a tri-service basis, with unified access control measures now established under the Defence Instruction "Defence Identity and Access Control Cards".
These Regulations impose certain obligations on relevant parties, including the need to comply with the Defence Instruction for access control and identification. All personnel and visitors must adhere to the new standardised Defence Instruction, which outlines the requirements for access to Defence establishments, replacing the previous separate provisions in the Principal Regulations. This includes the proper issuance, use, and return of Defence Identity and Access Control Cards, which serve as the primary means of authorised access across all Defence services.
The breach of these Regulations can lead to various consequences, including administrative and legal actions. While the Statutory Rule does not explicitly state penalties for non-compliance, breaches of Defence Instructions generally result in disciplinary actions under the Defence Force Discipline Act 1982 and potentially criminal charges under the Defence Act 1903. The Defence Force Discipline Act allows for penalties such as fines and imprisonment, while the Defence Act may impose harsher penalties for more serious breaches, reflecting the severity of compromising Defence security and operations.