Defence Force Discipline Appeals Regulations (Amendment) 1997 No. 74
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 74
Issued by the Authority of the Attorney-General and Minister for Justice
Defence Force Discipline Appeals Act 1955
Defence Force Discipline Appeals Regulations (Amendment)
The Defence Force Discipline Appeals Regulations ("the Principal Regulations"), made under the Defence Force Discipline Appeals Act 1955, prescribe various matters relating to the operation of that Act.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 1903 to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief". The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.
This Statutory Rule omits the definition of chief of staff from the Principal Regulations. The definition is not replaced as the new generic expression (service chief) is defined in the Defence Act 1903 for all Commonwealth legislation, unless a contrary intention exists. The Statutory Rule also amends the Principal Regulations by replacing references to the generic expression "chief of staff" with "Chief of the Defence Force or a service chief". The other expressions do not appear in the Principal Regulations.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence Force Discipline Appeals Regulations (Amendment) 1997 No. 74 was enacted to address the changes in the Defence Force command structure as introduced by the Defence Legislation Amendment Act (No. 1) 1997. This amendment aimed to update the Defence Force Discipline Appeals Regulations, which are made under the Defence Force Discipline Appeals Act 1955, to reflect the new titles of the service chiefs. These titles were altered from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff to Chief of Navy, Chief of Army and Chief of Air Force, respectively. The amendment also involved modifying references to the generic title "chief of staff" to "service chief". This regulation was issued by the authority of the Attorney-General and Minister for Justice, ensuring that the changes align with the updated Defence Act 1903 and other relevant Commonwealth Acts. The policy objective of these changes is to ensure consistency and clarity in the legislative framework governing the Defence Force discipline appeals process.
Scope and Application
The Defence Force Discipline Appeals Regulations (Amendment) 1997 pertains to the Defence Force Discipline Appeals Regulations made under the Defence Force Discipline Appeals Act 1955. This amendment is a direct consequence of the Defence Legislation Amendment Act (No. 1) 1997, which introduced changes to the titles of service chiefs within the Defence Force. The regulation omits the definition of "chief of staff" from the Principal Regulations and replaces any references to "chief of staff" with "Chief of the Defence Force or a service chief". This amendment ensures consistency with the Defence Act 1903, which defines "service chief" for all Commonwealth legislation unless otherwise specified. The amendment applies to all entities and persons governed by the Defence Force Discipline Appeals Act 1955 and its regulations, ensuring that all references to service chiefs are updated to reflect the new titles. The regulation's jurisdictional reach is confined to the Commonwealth, as it pertains to the Defence Force and its disciplinary procedures. The amendment comes into operation on the date of gazettal.
Key Provisions
The Defence Force Discipline Appeals Regulations (Amendment) 1997 (No. 74) introduces modifications to the Defence Force Discipline Appeals Regulations, which are established under the Defence Force Discipline Appeals Act 1955. These changes are primarily driven by the alterations in command titles within the Defence Force as per the Defence Legislation Amendment Act (No. 1) 1997. Section 3 of this Statutory Rule removes the definition of "chief of staff" from the Principal Regulations and replaces references to "chief of staff" with "Chief of the Defence Force or a service chief". This ensures that the regulations align with the updated titles of the service chiefs—Chief of Navy, Chief of Army, and Chief of Air Force—as per the amendments in the 1997 Act.
The obligations imposed by this amendment require that any document, procedure, or communication governed by the Defence Force Discipline Appeals Regulations must now use the term "Chief of the Defence Force or a service chief" in place of "chief of staff". This adjustment is necessary to reflect the current command structure accurately. The regulations must also ensure consistency with the broader legislative framework, particularly the Defence Act 1903, which now defines the term "service chief". This ensures that all references across different pieces of legislation are harmonised, maintaining a uniform understanding and application of these titles.
The Statutory Rule stipulates that these changes come into effect on the date of gazettal. Failure to comply with these updated definitions and references could result in procedural inconsistencies or misinterpretations within the administration of defence force discipline appeals. Although the Statutory Rule does not explicitly state penalties for non-compliance, it is implicit that any resulting errors or discrepancies could be subject to judicial review or other corrective measures under the Defence Force Discipline Appeals Act 1955 or related legislation. This underlines the importance of adhering to the amended regulations to avoid potential legal or administrative repercussions.