Defence Force Discipline Amendment Regulations 2011 (No. 1)

Overview

The Defence Force Discipline Amendment Regulations 2011 (No. 1) were introduced to update the Defence Force Discipline Regulations 1985 to accommodate new technology used for measuring the speed of service vehicles in relation to certain offences under the Defence Force Discipline Act 1982. This legislative instrument was made under the authority of the Minister for Defence and aims to ensure that the evidence obtained from the "LTI 20-20 TruSpeed" laser speed measuring device is admissible in proceedings, thereby maintaining consistency with existing regulations governing the use of radar and laser speed measuring devices. The amendment was made without the need for consultation as it pertains specifically to the service of members of the Australian Defence Force, and it was reviewed and approved by Defence Legal. These Regulations are intended to streamline the administration of the discipline system by incorporating new technological advancements while preserving the integrity of the evidence used in proceedings.

Scope and Application

The Defence Force Discipline Amendment Regulations 2011 (No. 1) are a legislative instrument that amend the Defence Force Discipline Regulations 1985 to expand the range of devices from which evidence of speed can be derived for use in proceedings related to the misuse of service vehicles by members of the Australian Defence Force. These regulations apply to all members of the Australian Defence Force, including military personnel and service police, and pertain to conduct and transactions involving the misuse of service vehicles. The regulations are issued under the authority of the Minister for Defence and have a national reach, applying across Australia as they pertain to the Defence Force. There are no stated exclusions or exemptions within these regulations; however, they do specify the inclusion of a new laser speed measuring device, the LTI 20-20 TruSpeed, alongside existing devices such as the Kustom Falcon and Kustom Prolaser II. The regulations maintain existing safeguards for the operation and testing of these speed measuring devices. The amendment and the accompanying Explanatory Statement were cleared by Defence Legal, and no consultation was deemed necessary as the changes relate specifically to the service of Defence Force members. The Regulations themselves are legislative instruments governed by the Legislative Instruments Act 2003 and will come into effect on the day following their registration on the Federal Register of Legislative Instruments.

Key Provisions

The Defence Force Discipline Amendment Regulations 2011 (No. 1) (the Regulations) make specific changes to the Defence Force Discipline Regulations 1985 (the Principal Regulations), as outlined in the Explanatory Statement. Regulation 1 states the title of the Regulations as the Defence Force Discipline Amendment Regulations 2011 (No. 1), and Regulation 2 specifies the commencement date as the day following registration. Regulation 3 indicates that Schedule 1 amends the Principal Regulations. The key amendments are found in Schedule 1, which includes changes to the definition of a laser-based device to include the LTI 20-20 TruSpeed device (Item [1]), updates to operating requirements for the LTI 20-20 TruSpeed device (Item [2]), and adjustments to Form 7 to remove the word ‘radar’ and allow the form to apply to either radar-based or laser-based devices (Item [3]). The Regulations impose specific obligations and requirements on the parties governed by them, primarily focusing on the use and admissibility of evidence obtained from speed measuring devices in disciplinary proceedings. Regulation 25A, as amended, now permits the use of the LTI 20-20 TruSpeed laser speed device, alongside the previously permitted Kustom Falcon and Kustom Prolaser II devices. This means that evidence of speed derived from these devices can be admitted in proceedings related to the misuse of service vehicles. The Regulations also include existing safeguards that must be followed in the operation and testing of these speed measuring devices to ensure the reliability and admissibility of the evidence collected. The amendments aim to keep the regulations up-to-date with current technology available to military and service police. The Regulations do not introduce new offences themselves, but they do impact the admissibility of evidence in proceedings under the Defence Force Discipline Act 1982. Any breach of the requirements or safeguards specified in the amended Regulation 25A could potentially affect the outcome of disciplinary proceedings related to the misuse of service vehicles. While the Regulations do not explicitly state penalties for non-compliance with these requirements, any breach could lead to challenges regarding the admissibility of evidence, which may result in the dismissal or reduction of charges if the evidence is deemed inadmissible. The potential consequences of such outcomes would depend on the specific circumstances of each case and the discretion of the disciplinary authorities. In summary, the Defence Force Discipline Amendment Regulations 2011 (No. 1) update the Defence Force Discipline Regulations 1985 to include the LTI 20-20 TruSpeed laser speed device as an admissible tool in disciplinary proceedings. The Regulations impose specific obligations on the operation and testing of these devices to ensure the admissibility of the evidence they collect. While the Regulations do not introduce new offences, non-compliance with the specified requirements could impact the outcome of disciplinary proceedings related to the misuse of service vehicles. The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.