EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 38
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
AUSTRALIAN MILITARY REGULATIONS (AMENDMENT)
The Australian Military Regulations, made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Army.
Regulation 201 provided that members of the Army and members of rifle clubs were immune from certain State and Territory laws.
Section 123 of the Defence Act 1903, which was inserted by the Defence Legislation Amendment Act 1987, has replaced regulation 201 and provides a similar immunity to members of each arm of the Defence Force. As a result, regulation 201 of the Australian Military Regulations is no longer operative in relation to members of the Army.
Provision of immunity for members of rifle clubs is no longer required. In this respect, Regulation 201 overlapped exemptions formerly contained in the Australian Rifle Club Regulations. These Regulations were repealed by Statutory Rules No. 17
of 1988 in view of Commonwealth disengagement from formal association with the rifle club movement. Exemptions in relation to liquor sales and gun licencing have been continued temporarily in the Defence (General) Regulations (Statutory Rules No. 18 of 1988) and the Rifle Clubs (Firearms) Order (Gazette No. S56 of 25 February 1988).
This Statutory Rule therefore repeals regulation 201.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Australian Military Regulations (Amendment) Statutory Rules 1988 were enacted to address the redundancy of certain regulatory provisions within the Australian Military Regulations, particularly concerning the immunity of members of the Army and rifle clubs from certain state and territory laws. This amendment was made under the authority of the Minister for Defence Science and Personnel, in accordance with the Defence Act 1903. The policy objective behind this amendment was to streamline and modernise the regulatory framework governing the Australian Defence Force, reflecting changes in the legal landscape and the evolving relationship between the Commonwealth and the states. Specifically, the amendment sought to eliminate overlaps and redundancies that arose from the repeal of the Australian Rifle Club Regulations and the changes introduced by Section 123 of the Defence Act 1903, which already provided comprehensive immunity provisions for Defence Force members. This amendment ensures that the regulatory framework remains current and effective in supporting the operational needs of the Defence Force.
Scope and Application
The Australian Military Regulations (Amendment) Statutory Rules 1988 relate to the Australian Military Regulations, which were made under the Defence Act 1903 to manage various matters concerning the organisation and administration of the Army. Regulation 201 of the Australian Military Regulations, which provided immunity from certain State and Territory laws for members of the Army and members of rifle clubs, has been repealed. This change is due to the insertion of section 123 of the Defence Act 1903 by the Defence Legislation Amendment Act 1987, which now provides similar immunity to members of each arm of the Defence Force. The repeal of Regulation 201 means that members of the Army are no longer subject to this specific regulation, while immunity for members of rifle clubs is no longer provided as it overlaps with exemptions formerly contained in the Australian Rifle Club Regulations. These Regulations were repealed by Statutory Rules No. 17 of 1988 due to the Commonwealth's disengagement from formal association with the rifle club movement. Exemptions concerning liquor sales and gun licensing for rifle clubs have been temporarily continued in the Defence (General) Regulations and the Rifle Clubs (Firearms) Order. The Statutory Rule repealing Regulation 201 comes into operation on the date of its gazettal.
Key Provisions
The main operative sections of the Australian Military Regulations (Amendment) Statutory Rules 1988 (No. 38) are focused on repealing Regulation 201, which previously provided immunity from certain State and Territory laws for members of the Army and members of rifle clubs. This change aligns with Section 123 of the Defence Act 1903, which now provides a similar immunity to members of each arm of the Defence Force (Section 123 Defence Act 1903). Consequently, Regulation 201 is no longer applicable to members of the Army. The amendment also reflects the repeal of the Australian Rifle Club Regulations, which was executed by Statutory Rules No. 17 of 1988, and the temporary continuation of certain exemptions in relation to liquor sales and gun licensing in the Defence (General) Regulations and the Rifle Clubs (Firearms) Order.
The obligations imposed by these Statutory Rules on the parties and entities they govern primarily involve the cessation of the immunity previously provided by Regulation 201. Specifically, members of the Army are no longer exempt from certain State and Territory laws, and members of rifle clubs no longer benefit from the immunity that was previously afforded to them. This shift in legal standing means that these individuals will be subject to the same laws as other citizens, except where specific exemptions have been retained, such as those concerning liquor sales and gun licensing.
In terms of offences, penalties, or consequences for breach, the Statutory Rules themselves do not introduce new criminal offences or penalties. However, by repealing Regulation 201, the Rules implicitly remove a legal defence that some members of the Army and rifle clubs might have previously relied on. This means that if any actions previously covered by the repealed regulation are now subject to State or Territory laws, those who commit such actions could face the penalties prescribed by those laws. The maximum penalties would depend on the specific laws of the State or Territory involved, which could range from fines to imprisonment, depending on the nature and severity of the offence.