Defence Force Discipline Amendment Regulations 2002 (No. 1) 2002 No. 7
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 7
Minute No 2 of 2002 - Minister for Veterans' Affairs
Subject - Defence Force Discipline Act 1982
Defence Force Discipline Amendment Regulations 2002 (No. 1)
Section 197 of the Defence Force Discipline Act 1982 empowers the Governor-General to make regulations prescribing matters that are required or permitted by that Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act.
The Regulations make two minor technical corrections to the Defence Force Discipline Regulations 1985 (the Principal Regulations). The technical corrections arise out of amendments made to the Principal Regulations by the Defence Legislation Amendment (Application of Criminal Code) Regulations 2001 (No.1) which harmonised the Principal Regulations with Chapter 2 of the Criminal Code Act 1995. The proposed Regulations:
• Replace a reference to penalty units in subregulation 25B(2) of the Principal Regulations, which creates an offence in relation to radar devices, with a reference to a $500 fine, in line with other penalties set out in the Defence Force Discipline Act 1982
• Correct a reference in subregulation 44(a) of the Principal Regulations to ensure that subregulation 44(a) will continue to apply to stealing and receiving offences created by section 47C and section 47P respectively of the Defence Force Discipline Act 1982.
The Regulations commence on gazettal.
Authority: Section 197 of the Defence Force Discipline Act 1982
Overview
The Defence Force Discipline Amendment Regulations 2002 (No. 1) were enacted to address minor technical issues in the Defence Force Discipline Regulations 1985, following amendments made by the Defence Legislation Amendment (Application of Criminal Code) Regulations 2001 (No.1). The 2002 Regulations were introduced to align the Principal Regulations with Chapter 2 of the Criminal Code Act 1995. Authorised by section 197 of the Defence Force Discipline Act 1982, the Regulations make two specific corrections: they replace a reference to penalty units with a $500 fine for offences related to radar devices, and they correct a reference to ensure that subregulation 44(a) continues to apply to stealing and receiving offences created by sections 47C and 47P of the Defence Force Discipline Act 1982. These changes ensure the consistency and effectiveness of the regulatory framework governing the discipline of members of the Australian Defence Force.
Scope and Application
The Defence Force Discipline Amendment Regulations 2002 (No. 1) pertain to the Defence Force Discipline Act 1982 and serve to rectify technical inconsistencies within the Defence Force Discipline Regulations 1985. These regulations apply to members of the Australian Defence Force, including the Australian Army, Royal Australian Navy, and Royal Australian Air Force, as well as their associated entities and conduct. The scope of the regulations is specifically designed to ensure the enforcement and administration of discipline within the defence force. The amendments are applicable on a national level, reflecting the federal jurisdiction under which the defence force operates. The Regulations make specific changes to align the penalties and offence definitions with the Criminal Code Act 1995, ensuring consistency across the legislative framework governing military discipline. The changes do not introduce new exclusions or exemptions but rather refine the existing regulatory structure to enhance clarity and enforceability. The Regulations commence immediately upon gazettal, indicating that their effect is immediate and does not require additional subordinate instruments for enforcement.
Key Provisions
The Defence Force Discipline Amendment Regulations 2002 (No. 1) make minor technical corrections to the Defence Force Discipline Regulations 1985. Specifically, Regulation 1 replaces a reference to penalty units in subregulation 25B(2) with a $500 fine, aligning it with the penalties outlined in the Defence Force Discipline Act 1982. Regulation 2 corrects a reference in subregulation 44(a) to ensure its continued application to stealing and receiving offences created by sections 47C and 47P of the Defence Force Discipline Act 1982. These amendments address technical discrepancies introduced by earlier regulatory changes.
The Regulations impose certain obligations and requirements on military personnel and other entities governed by the Defence Force Discipline Act 1982. By updating the penalty for radar device-related offences, the Regulations ensure consistency in the application of fines and penalties within the Defence Force Discipline framework. The correction to subregulation 44(a) maintains the integrity of the law by ensuring that the regulations continue to cover specific offences related to theft and receiving stolen property as intended by the Defence Force Discipline Act 1982.
Under the Defence Force Discipline Act 1982, individuals found guilty of offences covered by the Regulations may face civil or criminal consequences, including fines and other penalties. For example, the amended subregulation 25B(2) imposes a $500 fine for offences related to radar devices. The penalties for other offences, such as those covered by subregulation 44(a), are determined by the specific provisions of the Defence Force Discipline Act 1982 and may include fines, imprisonment, or other sanctions as deemed appropriate by the courts. The Regulations themselves do not specify maximum penalties but refer to those outlined in the Act.