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.
Overview
The Defence Force Regulations (Amendment) Statutory Rules 1985 No. 331, issued by the authority of the Minister for Defence, was enacted to address a gap in the Defence Force Regulations concerning the attachment of members of foreign military forces to the Australian Defence Force. This amendment extends the application of Part IXA of the Defence Act 1903 to include Brunei and Thailand, thereby formalising the administrative and disciplinary frameworks governing the collaboration between the Australian Defence Force and these countries' forces. The policy objective is to facilitate smoother integration and operational coordination of forces from these nations when they are deployed alongside Australian military personnel, enhancing mutual capabilities and effectiveness in joint missions.
This amendment was made under the authority of the relevant legislature, ensuring that the updated regulations align with current international defence cooperation agreements. The Statutory Rules come into effect on the date of their gazettal, ensuring timely integration of the new provisions into the existing legislative framework.
Scope and Application
The Defence Force Regulations (Amendment) Statutory Rule 1985 No. 331, issued under the authority of the Minister for Defence, amends the Defence Force Regulations made under the Defence Act 1903. Specifically, the amendment updates Regulation 44 to extend the application of Part IXA of the Defence Act to include Brunei and Thailand, thereby enabling the attachment of members from these countries' forces to the Australian Defence Force, mutual command powers when serving together, and the discipline of members within combined forces. This extension aligns with the existing framework that applies to other countries such as Canada, Fiji, Malaysia, New Zealand, Papua New Guinea, the Republic of Singapore, Tonga, the United Kingdom, and the United States of America. The amendment comes into effect on the date of gazettal, providing immediate effect upon its publication. There are no stated exclusions, exemptions, or thresholds within the scope of this amendment, and it applies nationally as part of the Commonwealth's legislative jurisdiction.
Key Provisions
The primary operative sections of the Defence Force Regulations (Amendment) Statutory Rules 1996 No. 1714 pertain to the expansion of the scope of Part IXA of the Defence Act 1903, specifically sections 116A and 116B. These sections, which were previously applicable to a specified list of countries, are now amended to include Brunei and Thailand. Regulation 44, which previously listed countries such as Canada, Fiji, Malaysia, New Zealand, Papua New Guinea, Republic of Singapore, Tonga, the United Kingdom, and the United States of America, is now updated to include Brunei and Thailand. This amendment ensures that the provisions of Part IXA, concerning the attachment of members of foreign forces to the Australian Defence Force, mutual command powers, and discipline within combined forces, now apply to these additional countries.
The Defence Force Regulations impose certain obligations and requirements on the parties and entities governed by the Act. For instance, under section 116A(2), the authority to declare countries to which Part IXA applies is vested in the Minister for Defence. This declaration, as amended by the Statutory Rule, means that the chief of staff of the Australian Defence Force can now attach members of the forces of Brunei and Thailand, subject to the service authorities of those countries placing such members at the disposal of the Australian Defence Force. This process is intended to facilitate better coordination and interoperability between the Australian Defence Force and the armed forces of the newly included countries. Additionally, section 116B(1)(a) outlines the process by which a chief of staff can attach foreign force members to their service, reinforcing the legal framework for international military cooperation.
The Statutory Rule also delineates the consequences for any breaches of the Defence Force Regulations. While the specific penalties are not detailed in the provided excerpt, breaches of Defence Act provisions generally attract both civil and criminal penalties. In the context of military operations and international deployments, violations can lead to disciplinary action against service personnel, which may include court-martial proceedings, fines, imprisonment, or other administrative penalties. These consequences underscore the importance of compliance with the Defence Force Regulations and the broader Defence Act to maintain the integrity and effectiveness of military operations involving international forces.