EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 333
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE (GENERAL) REGULATIONS (REPEAL)
Under section 124 of the Defence Act 1903 (“the Act”), the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which the Act requires or permits to be prescribed, or which are necessary or convenient to be prescribed, for securing the good government of the Defence Force, or for carrying out or giving effect to the Act. Paragraphs 124(1)(j) and (k) of the Act enable regulations to be made for the establishment, administration and control of rifle clubs and associations. Paragraph 124(1)(ka) enables regulations to be made for rifle clubs to conduct canteens providing intoxicating liquor.
Under section 123G of the Act, the Minister for Defence may make orders, not inconsistent with the Act, for and in relation to the control and administration of rifle ranges. Paragraph 123G(2)(c) enables orders to be made for the carriage, possession or use of firearms on or in connection with a rifle range.
On 25 February 1988, the Australian Rifle Club Regulations were repealed by Statutory Rules 1988 No. 17. The Australian Rifle Club Regulations had prescribed arrangements involving the Defence Organisation in the establishment, administration and control of rifle clubs and associations. However, for some years the rifle clubs and associations had ceased to have any Defence significance and the repeal of these Regulations was part of a process of disengagement of the Defence Organisation from rifle club activities.
As an interim measure a Rifle Clubs (Firearms) Order was made under section 123G of the Act and Defence (General) Regulations (Statutory Rules 1988 No. 18) were made under section 124 of the Act. These were to maintain for a limited period the exemptions from State and Territory laws relating to firearms and liquor licensing respectively that had applied to the rifle clubs and associations under the former Australian Rifle Club Regulations.
On 10 May 1988, the Senate disallowed the Australian Rifle Club Regulations (Repeal). This action revived the former Australian Rifle Club Regulations from that date, as a result of subsection 48(7) of the Acts Interpretation Act 1901.
Advice was subsequently sought from the Attorney-General’s Department to clarify the status of the Defence (General) Regulations and the Rifle Clubs (Firearms) Order. The Attorney-General’s Department advised that, as a consequence of the revival of the Australian Rifle Club Regulations, the Defence (General) Regulations and the Rifle Clubs (Firearms) Order had been superseded and were therefore inoperative.
This Statutory Rule repeals the Defence (General) Regulations which now have no practical or legal effect. A corresponding Order revoking the Rifle Clubs (Firearms) Order has been made separately under section 123G of the Defence Act.
The Statutory Rule comes into operation on the date of gazettal.