EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 208
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE FORCE DISCIPLINE REGULATIONS (AMENDMENT)
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. 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, including the giving of evidence before service tribunals.
Regulation 25A of the Regulations provides for the admissibility before service tribunals of evidence obtained by the use of radar devices, and sets out procedures for the testing, sealing and operation of those devices.
Subregulation 25A(5) deals with the requirements for testing the radar devices. Subparagraph 25A(5)(a)(iii) provided that radar devices were calibrated by reference to time intervals. However, calibration is now effected by frequencies rather than time intervals. (The Victorian Road Safety (Procedures) Regulations, on which regulation 25A is based, have been amended to reflect this change.)
The Statutory Rule amends subparagraph 25A(5)(a)(iii) to reflect the technical requirement that the radar device is now calibrated according to frequencies rather than time intervals.
The Statutory Rule comes into operation on the date of gazettal.