Defence Force Regulations (Amendment)

Overview

The Defence Force Regulations (Amendment) 1997 No. 257, issued under the authority of the Minister for Defence, serves to address the redundancy of the Council of Defence established under the Defence Act 1903. The Council, which was intended to meet at least four times a year to discuss matters related to the control and administration of the Defence Force, had not convened since 1985 and had become obsolete. The amendment to the Defence Force Regulations, which formally dissolves the Council, aims to align the legislative framework with the current operational practices of the Defence Force, which now rely on non-statutory committees and direct ministerial access for high-level consultation and policy advice. The policy objective is to streamline the administrative structure of the Defence Force, ensuring it reflects contemporary needs and practices. The Statutory Rule takes effect on the date of its gazette.

Scope and Application

The Defence Force Regulations (Amendment) 1997 No. 257 applies to the Defence Force, specifically concerning the regulation and administration of the Defence Force Council. This Council, constituted under the Defence Act 1903, was comprised of key defence ministers and military leaders and was originally established to deliberate on matters relating to the control and administration of the Defence Force. However, as noted in the explanatory statement, the Council had become obsolete and had not convened since 1985 due to the evolution of other consultation and policy mechanisms within the government. In light of this redundancy, the Council has been formally dissolved through the revocation of the Instrument that constituted it, and the Defence Force Regulations have been amended accordingly by omitting Part III, which prescribed the Council's functions. This amendment reflects the current administrative practices and ensures that the Defence Force Regulations remain relevant and effective in governing the Defence Force. The amendment comes into operation on the date of gazettal.

Key Provisions

The Defence Force Regulations (Amendment) 1997 No. 257, made under the Defence Act 1903, primarily focuses on the amendment and eventual dissolution of the Council of Defence, as outlined in Part III of the Defence Force Regulations (regulations 12 and 13). This Council was initially established to discuss and consider matters relating to the control and administration of the Defence Force, as referred by the Minister for Defence, and was required to meet at least four times a year. However, over time, the Council had become obsolete and had not convened since 1985. The Council's functions were rendered unnecessary by the emergence of non-statutory committees and direct access to Ministers, which now meet Defence's requirements for high-level consultation and policy advice. Additionally, broader policy issues affecting Defence are now considered through meetings of the National Security Committee of Cabinet and the Secretaries' Committee on National Security. The obligations imposed by this amendment on the parties governed by the Act include the formal dissolution of the Council of Defence. This dissolution is achieved through the revocation of the Instrument that constituted the Council, and the consequential amendment of the Defence Force Regulations by omitting Part III, which prescribed the Council's functions. The formal dissolution of the Council is intended to align with the current operational needs of the Defence Force, which no longer require a statutory Council for policy advice and administration. Failure to comply with the requirements of the Defence Force Regulations, as amended, may result in various civil or criminal consequences. Although the specific offences, penalties, or consequences for non-compliance are not explicitly detailed in the explanatory statement, it is reasonable to infer that any breach of regulations could lead to legal repercussions. For instance, the Defence Act 1903 and related regulations typically provide for penalties that could include fines, imprisonment, or other sanctions for non-compliance with Defence-related provisions. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Defence Force Regulations or other relevant legislation.