EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 332
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE DISCIPLINE REGULATIONS (AMENDMENT)
The Defence Force Discipline Regulations (“the Regulations”) prescribe various matters for the purposes of the Act, including matters concerning detainees and evidence before service tribunals.
Sections 90 and 101X of the Defence Force Discipline Act 1982 (“the Act”) respectively specify the circumstances in which an authorized officer may issue a warrant for the arrest of a person, or a search warrant. Amongst other things, an information on oath or affirmation is required in each case.
Although the required oaths or affirmations may be administered in the ordinary way by Justices of the Peace etc, it became apparent that this would not be practicable in circumstances where elements of the Defence Force were in remote localities or overseas.
Accordingly, the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 inserted new sections 86A and 101AA in the Act, which empower an authorized officer to administer oaths and affirmations for the purposes of Parts V and VI. (Section 3 of the Act defines “authorized officer” as an officer of the Defence Force authorized by a chief of staff for the purposes of the provision in which the term appears).
Sub-sections 86A(2) and 101AA(2) of the Act respectively provide for the forms of oaths and affirmations administered by an authorized officer for the purposes of Parts V and VI to be as prescribed.
This Statutory Rule amends the Regulations to prescribe a form of oath or affirmation for the purposes of sub-sections 86A(2) and 101AA(2) of the Act.
Regulation 1 of the Statutory Rule inserts regulation 33A to provide that, for the purposes of sub-section 86A(2) of the Act, the prescribed form of oath or affirmation is Form 1A in Schedule 2.
Regulation 2 of the Statutory Rule inserts regulation 35A to provide that, for the purposes of sub-section 101AA(2) of the Act, the prescribed form of oath or affirmation is Form 1A in Schedule 2.
Regulation 3 of the Statutory Rule amends Schedule 2 to the Regulations to prescribe Form 1A, the form of oath or affirmation.
Commencement
The amendments come into operation on the date of gazettal of the Statutory Rule.