Defence Committee Regulations

Legislation au C1960L00091 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1960. No. 91.

REGULATIONS UNDER THE DEFENCE ACT 1903-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1956.

Dated this 4th day of November, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

DEFENCE COMMITTEE REGULATIONS.

Citation.

1. These Regulations may be cited as the Defence Committee Regulations.

Repeal.

2. The Defence Committee Regulations (comprising Statutory Rules 1946, No. 39; 1950, No. 80; and 1952, No. 73) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“the Committee” means the Defence Committee constituted under these Regulations;

“the Minister” means the Minister of State for Defence.

The Defence Committee.

4.—(1.) There shall be a committee, to be known as the Defence Committee which shall consist of—

(a) the Secretary to the Department of Defence;

(b) the Chairman of the Chiefs of Staff Committee;

(d) the Chief of the General Staff;

(e) the Chief of the Air Staff;

(f) the Secretary to the Prime Minister’s Department;

(g) the Secretary to the Department of the Treasury; and

(h) the Secretary to the Department of External Affairs.

(2.) Whenever the Committee considers it necessary so to do, the Committee may, with the approval of the Minister, co-opt any person for the consideration of a matter before the Committee and that person shall for the time being be deemed to be a member of the Committee.

(3.) The Committee may call into consultation representatives of a Department or authority concerned in a matter under discussion.

* Notified in the Commonwealth Gazette on 10th November, 1960.

3397/60.—PRICE 3D. 10/31.5.1960.

(4.) If a member of the Committee specified in sub-regulation (1.) of this regulation (other than the Chairman of the Chiefs of Staff Committee) is unable to attend a meeting, he may be represented as a member—

(a) in the case of the Chief of Staff of a Service—by a senior officer of that Service nominated by the Chief of Staff of that Service; and

(b) in the case of the Secretary to a Department—by a senior officer of that Department nominated by the Secretary to that Department.

The Chairman.

5.—(1.) The Secretary to the Department of Defence shall be Chairman of the Committee and shall preside at each meeting of the Committee at which he is present.

(2.) In the absence from a meeting of the Secretary to the Department of Defence, the Chairman of the Chiefs of Staff Committee shall preside at the meeting.

(3.) In the absence from a meeting of the Secretary to the Department of Defence and the Chairman of the Chiefs of Staff Committee, the senior of the Chiefs of Staff who is present shall preside at the meeting.

Meetings.

6.—(1.) The Secretary to the Department of Defence shall convene meetings of the Committee and shall give to each member of the Committee notice of the date, time and place fixed for each meeting.

(2.) If, for any reason, the Secretary to the Department of Defence is unable to call a meeting of the Committee, the Chairman of the Chiefs of Staff Committee or a senior officer of the Department of Defence nominated by the Secretary to that Department shall convene the meeting and give the notice in relation to the meeting referred to in the last preceding sub-regulation.

(3.) A meeting shall not be held unless the following persons are present:—

(a) the Secretary to the Department of Defence or the officer representing him;

(b) the Chairman of the Chiefs of Staff Committee and one of the three Chiefs of Staff, or two of the three Chiefs of Staff; and

Secretary.

7. The Minister shall appoint an officer of the Department of Defence to be Secretary to the Committee.

Minutes.

8. The Secretary to the Committee shall keep minutes of all meetings of the Committee.

Functions of the Committee.

9. The functions of the Committee shall be to advise the Minister on—

(a) the defence policy as a whole;

(b) the co-ordination of military, strategic, economic, financial and external affairs aspects of the defence policy;

(c) matters of policy or principle and important questions having a joint Service or inter-departmental defence aspect; and

(d) such other matters having a defence aspect as are referred to the Committee by or on behalf of the Minister,

and may carry out such investigations as it thinks fit for the purpose of advising the Minister on those matters.

Standing committees and sub-committees.

10.—(1.) The Minister may, on the recommendation of the Committee, appoint such standing committees and sub-committees as he considers necessary for the investigation of any matter within the functions of the Committee.

(2.) The Committee may appoint such special sub-committees as it considers necessary for the investigation of any particular matter within the functions of the Committee.

(3.) The functions of standing committees shall be such as are approved by the Minister, on the recommendation of the Committee, and the functions of special sub-committees appointed by the Committee shall be such as are determined by the Committee.

Decisions of the Minister.

11. The Secretary to the Department of Defence shall inform the Secretary to the Committee and the Departments concerned of the decisions of the Minister on all matters on which the Committee has furnished advice to the Minister.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Defence Committee Regulations were enacted in 1960 to provide a formal structure for the Defence Committee under the Defence Act 1903-1956. The objective of these regulations was to streamline the process of advising the Minister of State for Defence on defence policy, the coordination of military and strategic aspects, and other defence-related matters. These regulations were made under the authority of the Governor-General, acting on the advice of the Federal Executive Council. The regulations established the composition of the Defence Committee, its meeting procedures, and its advisory functions, ensuring that the committee could efficiently address defence policy issues by bringing together key representatives from various defence and government departments.

Scope and Application

The Defence Committee Regulations, made under the Defence Act 1903-1956, establish a Defence Committee with the purpose of advising the Minister of State for Defence on various defence-related matters. The Committee comprises key officials including the Secretary to the Department of Defence, the Chairman of the Chiefs of Staff Committee, the Chiefs of Staff for the Navy, Army, and Air Force, as well as the Secretaries to the Prime Minister’s Department, the Department of the Treasury, and the Department of External Affairs. The Committee is authorised to co-opt additional members and consult representatives from relevant departments or authorities as needed. Its primary functions encompass advising on defence policy, coordinating military, strategic, economic, financial, and external affairs, and addressing joint service or inter-departmental defence issues referred by the Minister. The Regulations also outline the process for convening meetings, the role of the Secretary, and the establishment of standing and special sub-committees for specific investigations. These Regulations apply to the members of the Defence Committee and any co-opted or consulted individuals, focusing on the coordination and advisory functions within the defence sector.

Key Provisions

The Defence Committee Regulations establish the framework for the Defence Committee, which is tasked with advising the Minister on a range of defence-related matters (section 9). This committee comprises key officials from the Department of Defence, the Chiefs of Staff Committee, and other relevant government departments, including the Prime Minister's Department, the Treasury, and External Affairs (section 4). The Secretary to the Department of Defence serves as the Committee's Chairman (section 5). Meetings of the Committee must be convened by the Secretary to the Department of Defence, and in their absence, the Chairman of the Chiefs of Staff Committee or another senior officer designated by the Secretary may call the meeting (section 6). The Committee is empowered to co-opt additional members and consult with representatives from relevant departments or authorities as necessary (section 4). The Regulations impose specific obligations on the Defence Committee, including the requirement to advise the Minister on defence policy, the coordination of military and strategic matters, and any other defence-related issues referred to them by the Minister (section 9). The Committee is also authorised to establish standing and special sub-committees to investigate specific matters within their purview, subject to approval by the Minister or determination by the Committee itself (section 10). Furthermore, the Regulations mandate that the Secretary to the Department of Defence inform the Committee Secretary and relevant departments of the Minister's decisions on matters for which the Committee has provided advice (section 11). Breach of these Regulations does not explicitly outline specific offences, penalties, or consequences within the text provided. However, as statutory rules made under the Defence Act 1903-1956, any failure to comply with these Regulations could potentially lead to legal repercussions under the broader Defence Act or other relevant legislation. Typically, breaches of statutory rules may result in civil or criminal penalties, including fines or imprisonment, depending on the severity and nature of the breach.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Delegated & Subordinate Legislation; Committee Functions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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