EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 88
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
This Statutory Rule revises and consolidates legislative provisions for defence practice areas by introducing new provisions of tri-service application, contained in a separate part of the Defence Force Regulations (“the Regulations”). Consequential amendments to other regulations are made concurrently in separate Statutory Rules.
The new provisions:
• empower the Minister for Defence to declare a defence practice area (subject to the power of the Parliament to disallow a declaration in respect of private land);
• empower a chief of staff to authorize an operation or practice in a declared area;
• create offences in relation to the entry of persons, vehicles, vessels and aircraft into defence practice areas; and
• make provision for the payment of compensation for loss or damage arising from the operation of the Regulations.
The Regulations also make provision for the entry on to private land to survey that land for the purposes of the Defence Act 1903 or the Regulations.
Details of the proposed Regulations are as follows:
Regulation 1 provides that the Regulations come into operation on 1 July 1985.
Regulation 2 inserts the following regulations as new Parts XI and XII of the Regulations.
Regulation 49 provides that the Minister for Defence may, by notice published in the Gazette, declare any area of land, sea or air in or adjacent to Australia to be a defence practice area for such defence operations or practices as are specified in the notice.
With regard to areas of private land, a declaration may not be made unless:
a. the consent in writing of the owner or occupier has been obtained; or
b. the kind of practice specified is necessary or expedient in the interests of the safety or defence of the Commonwealth.
Regulation 50 requires that declarations made in respect of private land be laid before each House of the Parliament within 15 sitting days. If either House disapproves the declaration it shall not come into operation or, if it is already in operation, it shall cease to have effect from the day of the disapproval.
Regulation 51 empowers a chief of staff, by instrument, to authorize the carrying out of an operation or practice in a defence practice area, at a time specified in the instrument. A practice may be authorized for members of the Defence Force, members of the armed forces of a foreign country, or both together. This power may, except where members of the armed forces of a foreign country are to participate in a practice, be delegated to officers of the rank of Major, or equivalent.
Regulation 52 requires the giving of such notice as is reasonably required for the protection of persons or property which may be affected by an operation or practice authorized under proposed regulation 51.
Regulation 53 makes it an offence, subject to reasonable excuse, to be in or to permit a vehicle, vessel or aircraft to be in a defence practice area during the period specified for an operation or practice. Failure to comply is punishable by a $500 fine or 3 months imprisonment or both.
Permission to enter a defence practice area during an operation or practice may be given by the officer who authorized, or by an officer participating in, the operation or practice if entry is reasonably required for the protection of persons or property or for the safety or defence of the Commonwealth. Permission is to be for such period as is specified and is subject to the conditions, if any, contained in the instrument granting the permission. Failure to comply with such conditions is an offence punishable by a $500 fine or 3 months imprisonment or both.
Where a vehicle, vessel or aircraft is in a defence practice area in contravention of proposed regulation 53, the driver, master, pilot, owner, hirer or charterer, as the case may be, is guilty of an offence under the regulation but an offender cannot be punished more than once in respect of the same offence. It is a defence if the act or omission in question occurred without the fault or knowledge of the person charged with an offence.
Regulation 54 authorizes the removal of, or the giving of directions to remove, an unauthorized person, vehicle, vessel or aircraft from a defence practice area.
Regulation 55 requires a member of the Defence Force who gives a direction under proposed regulation 54 to produce, on request, evidence that he is a member of the Defence Force. If such evidence is not produced by the member, the direction need not be complied with.
Regulation 56 provides that it is an offence punishable by a $500 fine or 3 months imprisonment or both to hinder or obstruct a member of the Defence Force or a police officer exercising a power to remove a person or object from a practice area, or to hinder or obstruct a person following a direction referred to in proposed regulation 54.
Regulation 57 provides that compensation is payable to persons who suffer loss or damage as a result of the declaration of practice areas or the carrying out of operations, practices or surveys under the Regulations.
Regulation 58 empowers the Minister for Defence to authorize members of the Defence Force to enter and survey land for the purposes of the Act or the Regulations. Such entry must be with the written consent of the occupier unless the survey is necessary or expedient in the interests of the safety or defence of the Commonwealth. It is an offence punishable by a $100 fine to interfere with or remove survey marks placed as a result of a survey carried out under this regulation.
Commencement
The Statutory Rule comes into operation on 1 July 1985.