Defence Force Discipline Amendment Rules 2002 (No. 1) 2002 No. 24
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 24
Issued by the authority of the Acting Judge Advocate General
Defence Force Discipline Act 1982
Defence Force Discipline Amendment Rules 2002 (No. 1)
The Defence Force Discipline Rules ("the Rules") made by the Judge Advocate General under section 149 of the Defence Force Discipline Act 1982 ("the Act") set out the practice and procedure to be followed by service tribunals exercising power under the Act.
Schedule 1 to the Rules lists, for the purposes of subrule 9(4), the statement of each offence contained in the Act.
This Rule makes the following minor technical amendments to provision numbers contained in Schedule 1 to the Rules:
• The reference in Schedule 1 item 6 to subparagraph 15E(b)(i) is replaced with a reference to subparagraph 15E(1)(b)(i).
• The reference in Schedule 1 item 7 to subparagraph 15E(b)(ii) is replaced with a reference to subparagraph 15E(1)(b)(ii).
• The reference in Schedule 1 item 8 subparagraph 15E(b)(iii) is replaced with a reference to subparagraph 15E(1)(b)(iii).
• The reference in Schedule 1 item 84 to section 47p is replaced with a reference to section 47P.
This Rule comes into effect on gazettal.
Overview
The Defence Force Discipline Amendment Rules 2002 (No. 1), enacted in 2002, aim to correct minor technical errors in the Defence Force Discipline Rules that were established under the Defence Force Discipline Act 1982. These amendments ensure consistency and accuracy in the references within Schedule 1 of the Rules, which outlines the statements of each offence under the Act. The Rules were issued by the authority of the Acting Judge Advocate General and are intended to streamline the practice and procedure of service tribunals exercising powers under the Act. The primary objective of these amendments is to rectify specific reference inaccuracies without altering the substantive legal framework or the overarching policy objectives of the original legislation.
Scope and Application
The Defence Force Discipline Amendment Rules 2002 (No. 1) amends the Defence Force Discipline Rules made under the Defence Force Discipline Act 1982. The Rules set out the practice and procedure for service tribunals exercising powers under the Act, with Schedule 1 listing the statements of offences. This specific amendment rule makes minor technical changes to the provision numbers within Schedule 1, ensuring consistency and accuracy in referencing particular subparagraphs. It applies to service tribunals and those subject to the Act, which includes all members of the Australian Defence Force. The amendment ensures that the Rules remain aligned with the legislative framework they operate under. The jurisdictional reach of these Rules is federal, applying across the Commonwealth of Australia, as the Defence Force Discipline Act 1982 is a Commonwealth Act. The Rules do not specify any exclusions, exemptions, or thresholds, nor do they extend or restrict the application of the primary Act through subordinate instruments beyond the technical amendments made in this rule.
Key Provisions
The Defence Force Discipline Amendment Rules 2002 (No. 1) (2002 No. 24) amends certain provisions within Schedule 1 of the Defence Force Discipline Rules, which were originally made under section 149 of the Defence Force Discipline Act 1982. The primary objective of these amendments is to correct minor technical errors in the references to subparagraphs and sections within Schedule 1. For example, subparagraph 15E(b)(i) is now correctly referenced as subparagraph 15E(1)(b)(i), subparagraph 15E(b)(ii) as subparagraph 15E(1)(b)(ii), and subparagraph 15E(b)(iii) as subparagraph 15E(1)(b)(iii). Additionally, section 47p is amended to the correct form, section 47P. These amendments ensure that the Rules reflect the accurate references needed for proper application and interpretation.
The obligations and requirements imposed by these Rules on the parties and entities governed by them primarily relate to ensuring that the correct legal references are used within the Rules. This means that tribunals and other entities exercising powers under the Defence Force Discipline Act 1982 must use the amended references to accurately identify and apply the relevant provisions. These technical corrections are essential for maintaining the integrity and effectiveness of the Rules, ensuring that they align with the corresponding sections and subparagraphs within the Act.
The Defence Force Discipline Amendment Rules 2002 (No. 1) do not introduce any new offences or penalties; rather, they aim to correct inaccuracies within existing references. However, any failure to comply with the amended Rules could potentially lead to procedural errors in the handling of cases under the Defence Force Discipline Act 1982. Such errors could result in legal challenges or appeals based on misinterpretations or misapplications of the Act. While there are no new penalties established by these Rules, adherence to the correct references is crucial to avoid any such issues.
The Defence Force Discipline Amendment Rules 2002 (No. 1) come into effect upon gazettal. This means that once the Rules are officially published in the Commonwealth Gazette, they will be in force and must be applied by all relevant tribunals and entities. The importance of these amendments lies in their ability to correct previously erroneous references, thereby ensuring that the Rules are correctly aligned with the Defence Force Discipline Act 1982. This alignment is critical for the proper administration of justice within the Defence Force and for maintaining the integrity of disciplinary proceedings.