Defence Force Regulations (Amendment) 1997 No. 40
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 40
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Act 1903
Defence Force Regulations (Amendment)
The Defence Force Regulations ("the Principal Regulations"), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Defence Force.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 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 titles 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 Statutory Rule also amends the Principal Regulations by replacing references to the generic expression "chief of staff" with references to the "Chief of the Defence Force or a service chief' and "a service chief", as appropriate.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence Force Regulations (Amendment) 1997 No. 40 was enacted to update the Defence Force Regulations, which are made under the Defence Act 1903, to reflect the recent amendments made by the Defence Legislation Amendment Act (No. 1) 1997. This legislative amendment was necessary to align the titles of the service chiefs with the new command arrangements within the Defence Force, changing them 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. Additionally, the regulations were updated to replace the generic term "chief of staff" with the terms "Chief of the Defence Force or a service chief" and "a service chief," ensuring consistency across the legislation. This amendment was issued by the Authority of the Minister for Defence Industry, Science and Personnel and aims to maintain the coherence and relevance of the Defence Force Regulations in light of structural changes within the Defence Force.
The Defence Force Regulations (Amendment) 1997 No. 40 addresses the need to update the Defence Force Regulations following the legislative changes introduced by the Defence Legislation Amendment Act (No. 1) 1997. This statutory rule ensures that the Defence Force Regulations accurately reflect the new titles of the service chiefs and the updated command structure within the Defence Force. By amending references in the Principal Regulations, the statutory rule aims to maintain clarity and consistency in the administration of the Defence Force, thereby facilitating effective governance and command within the Defence Force.
Scope and Application
The Defence Force Regulations (Amendment) 1997 No. 40, issued under the authority of the Minister for Defence Industry, Science and Personnel, amends the Defence Force Regulations made under the Defence Act 1903. The amendment pertains to the titles of the service chiefs within the Defence Force, reflecting changes enacted by the Defence Legislation Amendment Act (No. 1) 1997. Specifically, it updates references from the former titles "Chief of Naval Staff," "Chief of the General Staff," and "Chief of the Air Staff" to the new titles "Chief of Navy," "Chief of Army," and "Chief of Air Force," respectively. The amendment also replaces the generic term "chief of staff" with "Chief of the Defence Force or a service chief" and "a service chief" where applicable. This amendment applies to the Commonwealth and affects the administrative and organisational structure within the Defence Force, ensuring consistency across various references within the Defence Act and other related Commonwealth Acts. The changes come into effect on the date of gazettal, aligning the Defence Force Regulations with the updated command arrangements.
Key Provisions
The Defence Force Regulations (Amendment) 1997 (No. 40) brings about significant changes to the Defence Force Regulations, made under the Defence Act 1903. Section 1 of the amendment alters 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 (Section 1). This change reflects the new command arrangements within the Defence Force and aligns with the Defence Legislation Amendment Act (No. 1) 1997 (the 1997 Act). Additionally, Section 2 of the amendment updates references to the generic title "chief of staff" to "Chief of the Defence Force or a service chief" and "a service chief" where appropriate, ensuring consistency with the new command structure (Section 2).
The Defence Force Regulations (Amendment) 1997 imposes obligations on various parties, including the Defence Force, its personnel, and relevant stakeholders. Section 1 mandates that all references to the former titles of service chiefs be replaced with the new titles to ensure uniformity and clarity in official communications and documentation (Section 1). Section 2 requires the updating of references to "chief of staff" to reflect the new command titles, ensuring that all statutory and regulatory texts accurately represent the current command structure (Section 2). These changes are essential for maintaining operational efficiency and clarity within the Defence Force.
Failure to comply with the provisions of the Defence Force Regulations (Amendment) 1997 may result in legal consequences. While specific offences and penalties are not detailed in the explanatory statement, any non-compliance with Defence Force Regulations generally may be subject to disciplinary action under the Defence Force Discipline Act 1982. Additionally, inaccurate or outdated references in official documents can lead to confusion and operational inefficiencies, potentially impacting the effectiveness of Defence Force operations. The Statutory Rule comes into operation on the date of gazettal, underscoring the immediate need for compliance by all relevant parties.