Australian Military (Places of Detention) Regulations (Amendment)

Overview

Statutory Rules 1973 No. 215, made under the Defence Act 1903-1970, was enacted by the Governor-General of Australia, acting with the advice of the Executive Council, and dated 6 November 1973. This legislative instrument was introduced to amend the Australian Military (Places of Detention) Regulations, specifically altering the punishment diets for detained military personnel. The objective of these amendments was to adjust the dietary provisions to reflect contemporary standards, ensuring that the punishment diet remains fair and humane. This amendment was made in the context of updating the regulations to modernise and align them with current practices and nutritional standards.

Scope and Application

Statutory Rules 1973 No. 215, made under the Defence Act 1903-1970, amends the Australian Military (Places of Detention) Regulations by modifying the scale punishment diets for military personnel held in detention. These regulations apply to Australian Defence Force personnel who are subject to detention as a punishment within military facilities. The changes specified in these regulations affect the dietary allowances provided to individuals under punishment, altering the quantities of bread, porridge, meat, and other food items. These amendments are geographically applicable within Australia, as the Defence Act and its subordinate regulations fall under the Commonwealth jurisdiction. The regulations do not explicitly state any exclusions or exemptions, but they are inherently limited to the context of military disciplinary procedures. The regulations are further subject to modification and detailed specification through subordinate instruments, as permitted by the overarching Defence Act.

Key Provisions

The main operative sections of these Regulations, as outlined in Statutory Rules 1973 No. 215, involve amendments to the Australian Military (Places of Detention) Regulations. Specifically, Regulation 28 is amended to change the daily bread allowance for the No. 1 scale punishment diet from 1 lb to 450 grams (1). Additionally, Regulation 29 is amended to detail the components of the No. 2 scale punishment diet, which includes specific quantities of bread, porridge, meat, potatoes, rice, margarine or butter, and water, for breakfast, dinner, and supper (2). These changes aim to provide a more precise and uniform diet for individuals subjected to military detention. The obligations imposed by these Regulations on the parties or entities they govern are primarily concerned with the administration and enforcement of the amended punishment diets within Australian military detention facilities. The Regulations require that the specified diets be strictly adhered to, ensuring that the quantities and types of food are provided as outlined. This includes precise measurements for each meal component, such as 170 grams of bread, 0.6 litres of porridge, and 15 grams of margarine or butter, among others (2). The Regulations mandate that these dietary standards be consistently applied to maintain fairness and uniformity in the treatment of individuals in detention. In terms of consequences for breach, the Regulations themselves do not explicitly state any offences, penalties, or civil or criminal consequences for non-compliance. However, failure to adhere to these dietary standards could potentially lead to disciplinary actions under the Defence Act 1903-1970 or other relevant military regulations. The maximum penalties for breaches of military law would depend on the severity of the offence and could range from fines to imprisonment, as outlined in the Defence Act or other applicable legislation. The precise penalties would be determined by the relevant military authority in accordance with the law.