Defence Committee Regulations (Repeal)

Overview

The Defence Committee Regulations (Repeal) 1997 No. 256 was enacted to address the redundancy of the Defence Committee, which was established under the Defence Act 1903. The Committee, comprising high-ranking defence officials and secretaries from relevant departments, was originally intended to advise the Minister for Defence on defence policy and related matters. However, due to the establishment of non-statutory committees and direct access to Ministers, the Defence Committee had not convened since 1985 and was deemed obsolete. This statutory rule, issued under the authority of the Minister for Defence, formally dissolves the Committee by repealing the Defence Committee Regulations. The policy objective is to streamline defence consultation and policy advice mechanisms, aligning them with current practices that include the National Security Committee of Cabinet and the Secretaries' Committee on National Security. The rule came into effect on the date of its gazette.

Scope and Application

The Defence Committee Regulations (Repeal) 1997 No. 256 pertains to the formal dissolution of the Defence Committee established under the Defence Act 1903. This Committee, comprised of the Chief of the Defence Force, the Chief of Navy, the Chief of Army, the Chief of Air Force, and the Secretaries to the Departments of Defence, Prime Minister and Cabinet, Foreign Affairs and Trade, and the Treasury, had the role of advising the Minister for Defence on defence policy and related issues. Given its obsolescence and lack of activity since 1985, with other non-statutory committees and direct access to Ministers fulfilling the need for high-level consultation and policy advice, the Committee was deemed redundant. The Statutory Rule, which repeals the Defence Committee Regulations, effectively dissolves the Committee and is applicable from the date of its gazette. The repeal addresses the redundancy of the Committee and aligns with current policy considerations through the National Security Committee of Cabinet and the Secretaries' Committee on National Security.

Key Provisions

The Defence Committee Regulations (Repeal) 1997 No. 256 primarily serves to repeal the Defence Committee Regulations, which were made under the Defence Act 1903. The Regulations established the Defence Committee, comprising the Chief of the Defence Force, the Chief of Navy, the Chief of Army, the Chief of Air Force, and the Secretaries to the Departments of Defence, Prime Minister and Cabinet, Foreign Affairs and Trade, and the Treasury. Their role was to advise the Minister for Defence on defence policy and related issues (Section 1). The repeal of these Regulations effectively dissolves the Defence Committee, as the committee had become obsolete and had not met since 1985. The obligations and requirements imposed by this repeal are primarily procedural and administrative. The Regulations were rendered obsolete due to the establishment of non-statutory committees and direct access to Ministers, which have met Defence's needs for high-level consultation and policy advice. The current arrangements for broader policy issues affecting Defence include meetings of the National Security Committee of Cabinet, supported by the Secretaries' Committee on National Security (Section 2). The repeal ensures that the legal framework reflects the current operational structure, thereby streamlining Defence's advisory mechanisms. Under this repeal, there are no specific offences or penalties outlined for breach, as the primary intent is to update the legislative framework to reflect the current operational practices within Defence. The repeal itself is a formal dissolution of the Defence Committee, ensuring that any outdated structures are no longer legally binding. The Statutory Rule comes into operation on the date of gazettal, meaning that it takes effect immediately upon being published in the Commonwealth Gazette (Section 3). This immediate effect ensures that there is no legal ambiguity regarding the status of the Defence Committee post-repeal.