EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 290
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 Defence administration.
Part XI of the Defence Force Regulations prescribes a scheme for Defence operations and practices where it is necessary to exclude members of the public. The steps to invoke Part XI are the declaration of a practice area under Regulation 49, authorisation of an operation or practice under Regulation 51 and notification of that operation or practice under Regulation 52.
Part XI has been generally satisfactory for Defence practices. However, there is a new Navy requirement which was not anticipated when Part XI was developed and was not adequately covered by that Part.
In a program to test mine detecting equipment, it is necessary for objects to be left undisturbed on the sea bed for a period up to 2 years in order to ensure the proper testing of the equipment. To avoid disturbance of the objects, it is necessary to exclude the public from certain activities such as bottom trawling for the whole period the objects are in place.
The Statutory Rule enables a chief of staff to authorise, for defence purposes in a declared practice area, the installation of equipment in the sea or on the sea bed for up to 2 years. Adequate notice of the installation is required to advise members of the public who may be in reasonable proximity to the equipment.
The Statutory Rule also makes it an offence for unauthorised persons to disturb the equipment or interfere with the equipment’s operation.
Defence Force Regulations (Amendment)
Regulation 1 defines the Defence Force Regulations as the Principal Regulations.
Regulation 2 amends regulation 48 by including definitions of the terms “equipment” and “install”.
Regulation 3 amends regulation 49, which deals with the declaration of practice areas, by adding a new subregulation 49(4). The new provision 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 4 omits subregulations 51(2), (3) and (4) which provided for delegation by a chief of staff. Subregulation 51(2) is replaced by new subregulation 57B(2). Subregulations 51(3) and (4), which dealt with the formal effect of delegations, were no longer required as those matters are now dealt with by section 34AB of the Acts Interpretation Act 1901.
Regulation 5 amends regulation 52, which deals with notice to the public of a defence operation or practice, by adding a new subregulation (2). The new provision requires a person authorising installation of equipment under the new subregulation 49(4) to give such notice as is reasonably required to advise persons in the proximity of the equipment. Notice is required of the place where the equipment is installed and activities that might disturb the equipment or interfere with its operation. The new provision also sets out criteria for determining the most appropriate form of notice.
Regulation 6 amends regulation 53, which prohibits the entry of persons into practice areas, by inserting a new subregulation (2A). The new provision creates an offence of disturbing equipment, or interfering with the operation of equipment, where installation has been authorised under new subregulation 49(4).
Regulation 7 amends regulation 57B, which provided for delegation by the Secretary, to make minor drafting amendments, to omit the formal drafting provisions now dealt with in the Acts Interpretation Act, and to substitute the new subregulation (2). The substitute provision enables a chief of staff to delegate his or her powers under the new subregulation 53(2A), as well as regulation 51.
The Statutory Rule comes into operation on the date of gazettal.