EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 331
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
Part IXA of the Defence Act 1903 (“the Act”), which includes sections 116A and 116B, provides for the attachment of members of the forces of other countries to the Australian Defence Force, for mutual powers of command where members of the Australian Defence Force are serving together with forces of other countries and for the discipline of members of combined forces.
The Defence Force Regulations (“the Regulations”) made under the Act, prescribe various matters relating to the administration of the Defence Force. Regulation 44 of the Regulations declares for the purposes of sub-section 116A(2) of the Act the countries in relation to which Part IXA of the Act applies.
Sub-section 116A(2) of the Act, contained in Part IXA, enables the declaration in the Regulations of countries to which the provisions of that Part apply.
Paragraph 116B(1)(a) provides that a chief of staff may attach to his Service members of the forces of a declared country who are placed at his disposal by the service authorities of that country for the purposes of being so attached.
Regulation 44 formerly applied Part IXA of the Act to:
Canada;
Fiji;
Malaysia;
New Zealand;
Papua New Guinea;
Republic of Singapore;
Tonga;
United Kingdom of Great Britain and
Northern Ireland;
United States of America.
This Statutory Rule amends regulation 44 of the Regulations by adding Brunei and Thailand to the list of countries to which Part IXA of the Act applies.
Commencement
The amendments come into operation on the date of gazettal of the Statutory Rule.