EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 92
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE FORCE REGULATIONS (AMENDMENT)
The Defence Force Regulations (“the Regulations”), made under the Defence Act 1903, prescribe various matters relating to the organisation and administration of the Defence Force. Part XI of the Regulations prescribes a scheme for Defence operations and practices where it is necessary to exclude members of the public.
Regulation 49 provides for the declaration of defence practice areas, and authorisations for activities in those areas. Subregulation 49(4) empowers a chief of staff to authorise the installation of equipment in the sea or on the seabed of a declared practice area, or in superjacent waters, for a period of up to 2 years.
Regulation 53 prohibits the entry of persons into practice areas. Subregulation 53(2A), which was inserted by Statutory Rules 1989 No. 290, creates an offence of disturbing equipment, or interfering with the operation of equipment, where installation has been authorised under subregulation 49(4).
The Senate Standing Committee on Regulations and Ordinances expressed concern that subregulation 53(2A) creates an offence of strict liability. To meet that concern, this Statutory Rule amends subregulation 53(2A) to ensure that a criminal intention is required for an offence to be committed.
The Statutory Rule makes the necessary amendment by inserting the word “knowingly” into subregulation 53(2A).
The Statutory Rule comes into operation on the date of gazettal.