EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 97
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
SCIENCE AND PERSONNEL
DEFENCE FORCE DISCIPLINE REGULATIONS
(AMENDMENT)
Background
The Defence Force Discipline Act 1982 (“the Act”) provides a disciplinary system for the Defence Force, and creates service tribunals with power to deal with service charges against members of the Defence Force. Provision is also made for related matters, such as the procedures and rules of evidence that apply to service tribunals.
Various provisions of the Act, including sections 29 and 40, create offences where the speed of a motor vehicle may be a relevant fact or issue.
The Defence Force Discipline Regulations (“the Regulations”) prescribe various matters for the purposes of the Act, Part III of the Regulations provides for the giving of evidence before service tribunals.
The Defence Force is to commence using radar devices at Defence establishments to test the speed of vehicles driven by Defence Force personnel.
In order to admit in service tribunals the evidence gained by using these devices, it was necessary to prescribe appropriate evidentiary provisions. The Statutory Rule inserts new regulations 25A and 25B in the Regulations to prescribe these provisions. The new provisions follow the pattern of legislation in the civil community concerning radar speed testing, and include a number of safeguards to ensure the accuracy of evidence gained from radar devices.
Defence Force Discipline Regulations (Amendment)
Regulation 25A provides for the admissibility of evidence from radar devices before service tribunals, and sets out procedures for the testing, sealing and operation of those devices.
Subregulation 25A(1) defines various terms used in the regulation, including “authorised tester” and “radar device”. The term “authorised tester” is limited to persons holding an appointment under subregulation 25A(4), while the term “radar device” is confined to the device known as “The Kustom Falcon”.
Subregulation 25A(2) provides that evidence from a radar device can be used as evidence before a service tribunal in proceedings where the speed of a motor vehicle is a relevant fact or issue.
Subregulation 25A(3) ensures that this evidence is admissible only where the service tribunal is satisfied that the device has been properly tested, sealed and operated having regard to the procedures that are specified in regulation 25A, and that the radar device has been tested within 12 months prior to its use.
Subregulation 25A(4) enables an officer not below the rank of brigadier (or equivalent) to appoint an electrical engineer or an electronic technician as an authorised tester.
Subregulation 25A(5) sets out the requirements for testing the radar device. These include the need for the test to be conducted by an authorised tester who must be satisfied that certain prescribed criteria have been met. The authorised tester must also sign and date a statement containing specified details of the test that has been conducted.
Subregulation 25A(6) sets out the requirements for sealing the radar device after the test.
Subregulation 25A(7) sets out the requirements to be complied with by a service policeman operating the radar device.
Subregulation 25A(8) provides that the production to a service tribunal of a document of appointment is evidence that the person named in the document is an authorised tester. Subregulations 25A(9) and (10) enable certificates of the testing and sealing of the device, and of its operation by a service policeman, to be used as evidence before a service tribunal.
The documents signed pursuant to subregulations 25A(8), (9) and (10) must be in accordance with the relevant forms that are added to Schedule 2 of the Regulations. These documents are not intended to constitute conclusive evidence, nor is it intended that they shift the persuasive burden of proof that rests on the prosecution.
Regulation 25B makes it an offence for a person to tamper with, interfere with, or damage a radar device.
Commencement
This Statutory Rule comes into operation on the date of gazettal.