Defence (Inquiry) Regulations (Amendment) 1997 No. 43
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 43
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Act 1903
Naval Defence Act 1910
Air Force Act 1923
Defence (Inquiry) Regulations (Amendment)
The Defence (Inquiry) Regulations ("the Principal Regulations"), made under the Defence 1903, Naval Defence Act 1910 and Air Force Act 1923, provide for the investigation of matters concerning the Defence Force or part thereof.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief". The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.
This Statutory Rule amends the Principal Regulations by changing references to the titles of Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. The Statutory Rule also amends references to the generic title by replacing "chief of staff" with "Chief of the Defence Force or a service chief" and "service chief", as appropriate.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence (Inquiry) Regulations (Amendment) 1997 No. 43, issued under the authority of the Minister for Defence Industry, Science and Personnel, amends the Defence (Inquiry) Regulations made under the Defence Act 1903, Naval Defence Act 1910 and Air Force Act 1923. This legislation responds to the Defence Legislation Amendment Act (No. 1) 1997 which updated the titles of the service chiefs within the Defence Force, reflecting new command arrangements. These changes required corresponding amendments to the Defence (Inquiry) Regulations to ensure consistency with the updated titles and terminology. By updating the references from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff to Chief of Navy, Chief of Army and Chief of Air Force, respectively, the amendment aligns the regulations with the current nomenclature used within the Defence Force structure. The amendment also updates references to the generic title "chief of staff" to either "Chief of the Defence Force or a service chief" or "service chief", as appropriate. This Statutory Rule is effective from the date of its gazettal, ensuring that the regulations are immediately applicable to the new command arrangements.
Scope and Application
The Defence (Inquiry) Regulations (Amendment) 1997 No. 43, issued under the authority of the Minister for Defence Industry, Science and Personnel, pertains to the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923. This amendment is consequential to the Defence Legislation Amendment Act (No. 1) 1997, which updated the titles of the service chiefs from Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff to Chief of Navy, Chief of Army, and Chief of Air Force, respectively. The regulation ensures that the Defence (Inquiry) Regulations align with these title changes, reflecting the new command arrangements within the Defence Force. Additionally, the amendment modifies references to the generic title "chief of staff" to "Chief of the Defence Force or a service chief" and "service chief" as necessary. The statutory rule is effective from the date of its gazettal, ensuring immediate application of the legislative changes.
Key Provisions
The Defence (Inquiry) Regulations (Amendment) 1997 No. 43 amends the Defence (Inquiry) Regulations, which are made under the Defence Act 1903, Naval Defence Act 1910, and Air Force Act 1923, to reflect changes in the titles of service chiefs within the Defence Force. The primary amendment is the replacement of the titles Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff with Chief of Navy, Chief of Army, and Chief of Air Force respectively (Regulation 2(1)). Additionally, the term "chief of staff" has been updated to "Chief of the Defence Force or a service chief" where appropriate, and "service chief" as needed (Regulation 2(2)).
These amendments are in response to the Defence Legislation Amendment Act (No. 1) 1997, which made corresponding changes to the Defence Act and other Commonwealth Acts. The intent is to align the titles used in the regulations with the new command arrangements within the Defence Force, ensuring consistency and clarity in legislative references. The Statutory Rule also retains specific references to the Chief of the Defence Force where necessary, indicating that this title is not included in the new generic term "service chief" (Regulation 2(3)).
The obligations and requirements imposed by the amended regulations are primarily administrative and procedural, focusing on the correct identification and reference of the service chiefs in any matter concerning the Defence Force or part thereof. This includes ensuring that any documentation, investigations, or inquiries conducted under the Defence (Inquiry) Regulations use the updated titles accurately. This ensures that the regulations remain consistent with current Defence Force command structures and legislative references.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Statutory Rule for breaches of the amended regulations. However, non-compliance with legislative requirements, such as using outdated titles in official documents or investigations, could potentially lead to administrative issues or challenges in the validity of inquiries conducted under the regulations. It is important for all parties to adhere to the updated titles to avoid any potential legal complications or procedural errors.