EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO.275
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
DEFENCE FORCE REGULATIONS (AMENDMENT)
SCIENCE AND PERSONNEL
Section 123 of the Defence Act 1903 provides immunities from certain State and Territory laws that are necessary for Defence purposes. In particular, there is an immunity from laws requiring permission to carry firearms for authorised civilian staff of the Department of Defence employed in connection with the manufacture of firearms who need to carry firearms in the course of their duty. The Defence Legislation Amendment Act 1989 amended section 123 to extend the firearms immunity to authorised persons employed by a body corporate which is declared by regulations for the purposes of that provision.
The Defence Force Regulations, made under the Defence Act 1903, deal with various matters relating to the administration of the Defence Force and the Department of Defence.
Australian Defence Industries Pty Ltd has been established as a government owned company to manufacture goods, including firearms, and to provide services for the Defence Force. Employees of that company will be required from time to time to transport firearms for demonstrations, testing and other purposes.
The Statutory Rule amends the Defence Force Regulations to declare Australian Defence Industries Pty Ltd to be a body corporate for the purposes of subsection 123(2) of the Defence Act. A minor associated drafting change is also made.
This Statutory Rule comes into operation on the date of gazettal.