EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Subject- Defence Legislation Amendment (First Principles) Act 2015
Defence Legislation Amendment (First Principles) Transitional Regulation 2016
The Defence Act 1903 prescribes the control, administration, constitution and service of the Australian Defence Force. The Defence Legislation Amendment (First Principles) Act 2015 (the Act) will effect amendments to the Defence Act 1903 including the command, appointments and acting appointments of the Chief of the Defence Force and the Vice Chief of the Defence Force.
Section 4 of the Act provides that the Governor-General may make regulations prescribing matters of a transitional nature, including saving or application provisions, in relation to the amendments or repeals made by the Act. This section provides a 'safety net' measure to address issues that have not been specifically addressed in the amendments.
The purpose of the Defence Legislation Amendment (First Principles) Transitional Regulation 2016 (the Regulation) is to provide the transitional provisions for specific appointments that were in place immediately before the commencement of the Act and to ensure that these appointments continue.
The Regulation would:
- ensure the continuity and terms of the appointment of the current Chief of Defence Force. This means that the appointment by the Governor-General under section 9(1) of the old Defence Act 1903 remains valid under section 12(1) of the Act which will commence on 1 July 2016. This appointment will continue until the term expires on the date set out in the original term of the appointment.
- ensure the continuity and terms of the appointment of the current Vice Chief of the Defence Force. This means that the appointment by the Governor-General under section 9AA of the old Defence Act 1903 remains valid under section 12(2) of the Act which will commence on 1 July 2016. This appointment will continue until the term expires on the date set out in the original term of the appointment.
Details of the Regulation are outlined in Attachment A.
The Statement of Compatibility with Human Rights is at Attachment B.
The Act specifies no condition that must be met before the power to make the Regulation may be exercised.
The Regulation would be a legislative instrument for the purposes of the Legislation Act 2003.
Commencement
The Regulation commences on the day after registration.
Regulatory Impact Statement
The Office of Best Practice Regulation advised that no regulatory impact statement was required for the First Principles legislation. OBPR ID 16538 refers.
Consultation
Australian Government Solicitor, Office of Parliamentary Counsel and the Secretary of the Federal Executive Council were consulted on the Regulation.
Authority: Section 4 of the Defence Legislation Amendment (First Principles) Act 2015
ATTACHMENT A
Details of the Defence Legislation Amendment (First Principles) Transitional Regulation 2016
Section 1 – Name of Regulation
This section provides that the title of the Regulation is the Defence Legislation Amendment (First Principles) Transitional Regulation 2016.
Section 2 – Commencement
This section provides that the Regulation commences on the day after the instrument is registered.
Section 3 – Authority
This section provides that the Regulation is made under section 4 of the Defence Legislation Amendment (First Principles) Act 2015.
Section 4 - Definitions
This section provides definitions for the amendments to the Defence Act 1903 as a result of the Defence Legislation Amendment (First Principles) Act 2015:
The term new law - means the Defence Act 1903 as in force immediately after the commencement of Schedule 1 to the Defence Legislation Amendment (First Principles) Act 2015 on 1 July 2016.
The term old law - means the Defence Act 1903 as in force immediately before the commencement of Schedule 1 to the Defence Legislation Amendment (First Principles) Act 2015 on 1 July 2016.
Section 5 – Savings- appointments
(1) Appointment of the Chief of the Defence Force- ensures the continuity of the appointment of the current Chief of the Defence Force. The appointment by the Governor-General under section 9(1) of the old law remains valid under section 12(1) of the new law which will commence on 1 July 2016. This appointment will continue until the term expires on the date set out in the original term of the appointment.
(2) Appointment of the Vice Chief of the Defence Force- ensures the continuity of the appointment of the current Vice Chief of the Defence Force. The appointment by the Governor-General under section 9AA of the old law remains valid under section 12(2) of the new law which will commence on 1 July 2016. This appointment will continue until the term expires on the date set out in the original term of the appointment.
(3) Term of appointment- ensure the continuity of the terms of appointment for the Chief of the Defence Force and the Vice Chief of the Defence Force. The appointment arrangements currently in place before 1 July 2016 will continue until revoked or replaced.
Section 6 – Repeal of this instrument
This section provides that this transitional Regulation will be repealed on 2 July 2018.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulation
The purpose of the Defence Legislation Amendment (First Principles) Transitional Regulation 2016 (the proposed Regulation) is to provide the transitional provisions for specific appointments that were in place immediately before the commencement of the Act and to ensure that these provisions continue.
Human Rights Implications
Legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Regulation is compatible with human rights as it does not raise any human rights issues.
Marise Payne
Minister for Defence