Defence Force Discipline Regulations (Amendment) 1997 No. 41
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 41
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Force Discipline Act 1982
Defence Force Discipline Regulations (Amendment)
The Defence Force Discipline Regulations ("the Principal Regulations"), made under the Defence Force Discipline Act 1982, 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 amends the Principal Regulations by changing references to the generic title "chief of staff" to "Chief of the Defence Force or a service chief" and "service chief", as appropriate. (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 Regulations (Amendment) 1997 No. 41 is an amendment to the Defence Force Discipline Regulations made under the Defence Force Discipline Act 1982. This legislation was enacted to address the need for updating the titles of the service chiefs within the Defence Force, as a result of new command arrangements. The Defence Legislation Amendment Act (No. 1) 1997 amended the Defence Act 1903, changing 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. The policy objective of this amendment is to ensure consistency and accuracy in the use of titles within the Defence Force and related Commonwealth Acts.
The Defence Force Discipline Regulations (Amendment) 1997 No. 41 was issued by the authority of the Minister for Defence Industry, Science and Personnel. This Statutory Rule amends the Principal Regulations by changing references to the generic title "chief of staff" to "Chief of the Defence Force or a service chief" and "service chief", as appropriate. The Statutory Rule came into operation on the date of gazettal, ensuring that the updated titles are reflected in the relevant Defence Force regulations.
Scope and Application
The Defence Force Discipline Regulations (Amendment) 1997 No. 41 pertains to the Defence Force Discipline Regulations, which are made under the Defence Force Discipline Act 1982. The amendment modifies these regulations to align with the new command arrangements within the Defence Force, as introduced by the Defence Legislation Amendment Act (No. 1) 1997. Specifically, it updates references to titles of service chiefs, now referred to as Chief of Navy, Chief of Army, and Chief of Air Force, rather than Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff, respectively. This change also includes the generic title "chief of staff" to "service chief" where applicable, ensuring consistency across relevant legislation. The amendment applies to all entities and individuals governed by the Defence Force Discipline Regulations and has a national jurisdictional reach within Australia, affecting the conduct and operations of the Defence Force. The amendment does not introduce any exclusions or exemptions but ensures that the regulations remain current with the structural changes in the Defence Force hierarchy. The Statutory Rule is effective from the date of its gazette.
Key Provisions
The Defence Force Discipline Regulations (Amendment) 1997 No. 41 (the Amendment) amends the Defence Force Discipline Regulations 1977 (the Principal Regulations), which are made under the Defence Force Discipline Act 1982. The Amendment primarily modifies references in the Principal Regulations to reflect the new command arrangements within the Defence Force, as stipulated by the Defence Legislation Amendment Act (No. 1) 1997. For example, references to the generic title "chief of staff" are altered to "Chief of the Defence Force or a service chief" and "service chief", in line with the changes in the titles of 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 (s. 3).
The Amendment imposes specific obligations on the parties governed by the Principal Regulations, requiring them to update their references to reflect the new titles and terminology. This includes updating documentation, internal policies, and any other references within the Defence Force to align with the changes made by the 1997 Act and the Amendment. Ensuring that these references are accurate and up-to-date is crucial for maintaining clarity and consistency in the administration of discipline within the Defence Force (s. 3).
The Amendment does not introduce any new offences or penalties; rather, it ensures that the existing regulatory framework remains relevant and applicable under the new command structure. However, failure to comply with the updated references as specified by the Amendment could lead to confusion or misinterpretation of disciplinary procedures, potentially resulting in administrative issues or challenges in enforcing discipline within the Defence Force. It is therefore essential for all relevant parties to adhere to the changes outlined in the Amendment to avoid any potential disruptions (s. 3).
The Statutory Rule comes into operation on the date of gazettal, which means that the amendments take effect immediately upon publication in the Commonwealth of Australia Gazette. This ensures that the Defence Force can swiftly implement the necessary changes to their command structure and terminology without delay (s. 4). By aligning the Principal Regulations with the new titles and terminology, the Amendment supports the efficient and effective operation of the Defence Force Discipline Act 1982 within the updated command framework.