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On 25 February 1988, the Australian Rifle Club Regulations were repealed by Statutory Rules 1988 No. 17.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.
Overview
The Defence (General) Regulations (Repeal) Statutory Rule 1988 was enacted to address the legal and administrative complications arising from the temporary repeal and subsequent revival of the Australian Rifle Club Regulations. This repeal was necessitated by the Senate's disallowance of the original repeal on 10 May 1988, which restored the Australian Rifle Club Regulations. The Defence (General) Regulations, made under section 124 of the Defence Act 1903, and the Rifle Clubs (Firearms) Order, made under section 123G of the same Act, had been rendered inoperative by this revival. These regulations and the order had been interim measures to manage the exemptions of rifle clubs from state and territory laws on firearms and liquor licensing. The Statutory Rule ensures the Defence (General) Regulations are no longer in effect, thereby clarifying the legal status of the Defence Organisation's relationship with rifle clubs and their activities.
Scope and Application
The Defence (General) Regulations (Repeal) Statutory Rule pertains to the Defence Force under the Defence Act 1903, with its primary application to rifle clubs and associations as well as the control and administration of rifle ranges. This legislation was enacted to repeal the Defence (General) Regulations which had previously outlined the establishment, administration, and control of rifle clubs and associations, and provided exemptions from state and territory laws concerning firearms and liquor licensing for these entities. Given that rifle clubs and associations had lost their Defence significance, the repeal of these regulations was a necessary step towards disengaging the Defence Organisation from these activities. The repeal of the Defence (General) Regulations was necessitated by the disallowance of the Australian Rifle Club Regulations (Repeal) by the Senate, which revived the former Australian Rifle Club Regulations. This development rendered the Defence (General) Regulations and the Rifle Clubs (Firearms) Order inoperative, leading to their repeal by this Statutory Rule. The repeal took effect on the date of gazettal, thereby nullifying any practical or legal effect of the superseded regulations and order.
Key Provisions
The main operative sections of this Statutory Rule pertain to the repeal of the Defence (General) Regulations, which were previously enacted under section 124 of the Defence Act 1903 (section 124). These Regulations were initially created to prescribe matters necessary for the establishment, administration, and control of rifle clubs and associations, as well as for the operation of canteens providing intoxicating liquor by these clubs (section 124(1)(j) and (k)). Similarly, the Rifle Clubs (Firearms) Order, made under section 123G of the Defence Act, was intended to maintain certain exemptions from State and Territory laws for these clubs (section 123G(2)(c)). However, these Regulations and the Order have been rendered inoperative due to the revival of the Australian Rifle Club Regulations by the Senate's disallowance on 10 May 1988 (subsection 48(7) of the Acts Interpretation Act 1901).
The Defence (General) Regulations and the Rifle Clubs (Firearms) Order imposed specific obligations on the parties involved, primarily centred around the administration and control of rifle clubs and the use of firearms and intoxicating liquor in these clubs. The Regulations required adherence to Defence protocols and standards for the operation of rifle clubs and their canteens, ensuring these activities aligned with the good governance of the Defence Force and the overarching provisions of the Defence Act. The Rifle Clubs (Firearms) Order maintained the exemption status of these clubs from State and Territory laws concerning firearms and liquor licensing, ensuring these clubs could continue their activities without additional regulatory burdens from the states and territories.
In terms of consequences for breaches, the repealed Defence (General) Regulations and the Rifle Clubs (Firearms) Order did not explicitly outline specific penalties for non-compliance. However, any failure to comply with the Defence Act or related regulations could potentially lead to civil or criminal liabilities under the broader legislative framework. For instance, unauthorised use or possession of firearms or operation of unlicensed canteens could attract penalties under general criminal law or specific state and territory liquor licensing laws, once these exemptions were no longer applicable following the revocation of the Order.
The Statutory Rule itself, by repealing the Defence (General) Regulations, ensures that these regulations no longer have any practical or legal effect. This repeal was necessitated by the revival of the Australian Rifle Club Regulations, which consequently superseded the Defence (General) Regulations and the Rifle Clubs (Firearms) Order. A corresponding Order has been issued to revoke the Rifle Clubs (Firearms) Order, ensuring there is no ambiguity regarding the legal status of these previously enacted provisions. The Statutory Rule comes into operation on the date of its gazettal, finalising the process of disengagement of the Defence Organisation from the activities of rifle clubs.