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.
Overview
The Defence Force Discipline Regulations (Amendment) Statutory Rule 1990 No. 208, issued by the authority of the Minister for Defence Science and Personnel, amends the Defence Force Discipline Regulations to address the technical requirement that radar devices used in the enforcement of speed-related offences within the Defence Force are now calibrated according to frequencies rather than time intervals. This change aligns the regulations with modern technological standards, ensuring that the evidence obtained from radar devices remains reliable and accurate. The Defence Force Discipline Act 1982, enacted to provide a disciplinary system for the Defence Force and to establish service tribunals to handle service charges against members, relies on these regulations for the proper administration of justice within the military context. The policy objective of this amendment is to ensure that the disciplinary procedures and evidence collection methods are consistent with current technological practices, thereby maintaining the integrity of the disciplinary process.
Scope and Application
The Defence Force Discipline Regulations (Amendment) Statutory Rule issued under the Defence Force Discipline Act 1982, modifies the admissibility of evidence obtained from radar devices before service tribunals by updating the technical calibration standards of these devices. Specifically, the rule changes the calibration process of radar devices from time intervals to frequencies, aligning with contemporary practices and the Victorian Road Safety (Procedures) Regulations. The amendment applies to all entities and personnel within the Defence Force that are subject to the Defence Force Discipline Act, ensuring that the updated technical standards are uniformly applied across the force. The change is limited to the calibration of radar devices and does not alter the broader application or scope of the Act or the Regulations. The rule is effective from the date of its gazettal and does not introduce any new exclusions or exemptions, nor does it extend or restrict the application of the Act or the Regulations beyond their existing jurisdictional reach.
Key Provisions
The Defence Force Discipline Regulations (Amendment) Statutory Rule primarily amends Regulation 25A(5)(a)(iii) to update the calibration method for radar devices used in proceedings before service tribunals. Previously, radar devices were calibrated by reference to time intervals, but the amendment now requires calibration by frequencies. This change ensures that the calibration process aligns with contemporary technical standards and the amendments made to the Victorian Road Safety (Procedures) Regulations. By updating this specific subregulation, the Rule seeks to maintain the integrity and accuracy of evidence obtained through radar devices in disciplinary proceedings.
Under these Regulations, the obligations imposed on parties or entities primarily involve ensuring that radar devices are properly calibrated and tested before they can be used to provide evidence in service tribunals. This includes adherence to the newly prescribed calibration method, which now relies on frequencies rather than time intervals. Those responsible for operating and maintaining radar devices must ensure they comply with these updated technical requirements to maintain the admissibility and reliability of the evidence they provide. The changes aim to uphold the standards of evidence in military disciplinary cases by aligning with the latest technological practices.
Failure to comply with the updated calibration requirements for radar devices may result in the exclusion of evidence obtained from such devices in service tribunal proceedings. This could potentially impact the outcomes of cases where speed-related offences are in question. While the Statutory Rule itself does not explicitly outline specific penalties for non-compliance, the broader Defence Force Discipline Act and associated regulations may impose sanctions on those who fail to adhere to the legislative requirements. These could include disciplinary actions against individuals or entities found in breach of the stipulated procedures.