EXPLANATORY STATEMENT
Statutory Rules No. 322, 1988
Defence Act 1903
Defence Force Regulations (Amendment)
Issued by the authority of the Minister for Veterans’ Affairs
Section 124 of the Defence Act 1903 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under the Administrative Arrangements Order the Minister for Veterans’ Affairs was assigned paragraph 124(1)(qba) of the Defence Act 1903 on 5 October 1976, and regulation 31 of the Defence Force Regulations is administered under that paragraph.
This regulation replaces the obsolete title of Secretary-General of the Anzac Agency of the Imperial War Graves Commission with the correct title, Director of Australian War Graves.
The Anzac Agency ceased to exist on 1 January 1975 when the Office of Australian War Graves was established to assume the responsibilities for war graves previously performed by the Anzac Agency.
Details of the regulation are set out below.
Change of Title under paragraph 124(1)(qba) of the Act
Paragraph 124(1)(qba) of the Act provides for the provision and maintenance of, and the execution of work in connection with, the graves of persons who have died while serving as members of the Defence Force or who died as a result of service as a member of the Defence Force.
Existing regulation 31 provides for the establishment and maintenance of cemeteries for the burial, exhumation and reinternment or other disposal of the bodies of members of the Defence Force who died while on service or as a result of service.
The amendment to existing regulation 31 substitutes the reference to “Secretary-General of the Anzac Agency of the Imperial War Graves Commission” with “Director of War Graves”.
Overview
The Defence Force Regulations (Amendment) 1988, issued under the Defence Act 1903, were enacted to address the obsolescence of certain titles within the regulations governing war graves. Specifically, the amendment updates the title of the official responsible for the provision and maintenance of war graves from "Secretary-General of the Anzac Agency of the Imperial War Graves Commission" to "Director of Australian War Graves". This change reflects the administrative transition that occurred on 1 January 1975, when the Office of Australian War Graves was established to take over the responsibilities previously managed by the Anzac Agency. The policy objective of these amendments is to ensure that the regulations remain current and accurately reflect the current administrative structures and titles within the Department of Veterans’ Affairs, thereby facilitating the effective management of war graves.
Scope and Application
The Defence Force Regulations (Amendment) Statutory Rules No. 322, 1988, issued under the Defence Act 1903, pertains to the regulation and administration of war graves, specifically addressing the title change from the Secretary-General of the Anzac Agency of the Imperial War Graves Commission to the Director of Australian War Graves. This amendment is necessitated by the cessation of the Anzac Agency on 1 January 1975, with its responsibilities being assumed by the Office of Australian War Graves. The regulation applies to matters concerning the provision, maintenance, and execution of work in connection with the graves of Defence Force personnel who have died while on service or as a result of service. The regulation's jurisdictional reach is confined to the Commonwealth level, with the regulation administered under the authority of the Minister for Veterans’ Affairs. The regulation does not extend or restrict its application through subordinate instruments, and it does not specify any exclusions, exemptions, or thresholds beyond the amendment of the title within the context of the Defence Force Regulations.
Key Provisions
The main operative sections of this amendment to the Defence Force Regulations are found under paragraph 124(1)(qba) of the Defence Act 1903 (Section 124), which allows the Governor-General to make regulations that are necessary or convenient to carry out or give effect to the Act. Regulation 31, which has been amended, pertains to the establishment and maintenance of cemeteries for the burial, exhumation, reinternment, or other disposal of the bodies of Defence Force members who died while on service or as a result of their service. The amendment replaces the title "Secretary-General of the Anzac Agency of the Imperial War Graves Commission" with "Director of War Graves".
Under this amendment, the obligations and requirements imposed on the relevant parties include the duty to properly manage and maintain war graves, as well as to oversee the exhumation and reinternment or disposal of the bodies of Defence Force members who died while on service or as a result of their service. This includes ensuring that the new title, "Director of War Graves," is correctly referenced in all relevant documentation and communications. The amendment also requires that the Director of War Graves, now in charge of the Office of Australian War Graves, fulfil the responsibilities previously held by the Anzac Agency, which ceased to exist on 1 January 1975.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of the amended regulation. However, failure to comply with the requirements set out in the Defence Act 1903 and the Defence Force Regulations could potentially result in legal action or other consequences, depending on the specific circumstances of the breach. The Defence Act 1903 may impose various penalties for breaches of its provisions, including fines and imprisonment, but these are not detailed in the provided text. Similarly, the Defence Force Regulations may contain specific penalties for non-compliance, but again, these are not outlined in the provided text.