EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 121
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
AUSTRALIAN MILITARY (PLACES OF DETENTION) REGULATIONS (REPEAL)
The Australian Military (Places of Detention) Regulations (“the Regulations”), made under the Defence Act 1903, make provision for the operation of military corrective establishments and the treatment of soldiers under sentence.
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation, including new regulations to be known as the Defence Force Discipline Regulations, will be brought into effect dealing with various matters relating to discipline; fuller details are provided below. As a result of this legislation consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Sections 54, 55 and 88 of the Defence Act 1903 apply the Army Act (1881) (UK) and the Rules of Procedure made under the Army Act to the Australian Army and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Army Act (1881) (UK) and the Rules of Procedure.
Repeal of the Australian Military (Places of Detention) Regulations
The Regulations are wholly superseded by the Defence Force Discipline Regulations and are repealed by this Statutory Rule.
Commencement
The repeal has effect from 3 July 1985.