Defence Legislation Amendment (Instrument Making) Commencement Proclamation 2018

Overview

The Defence Legislation Amendment (Instrument Making) Commencement Proclamation 2018 (F2018N00018) was enacted to address a procedural gap in the legislative process concerning the making of instruments under the Defence Act 1903 and other related Acts. This instrument was proclaimed by the Honourable Sir Peter Cosgrove AK MC (Ret’d), the Governor-General of the Commonwealth of Australia, on 15 March 2018, and came into effect on 26 March 2018. The proclamation was made under the authority of the Defence Legislation Amendment (Instrument Making) Act 2017, which was passed by the Australian Parliament to streamline and enhance the instrument-making powers of the Minister for Defence Personnel. The policy objective behind this amendment was to ensure that the Defence Act and related legislation could be more effectively administered by allowing for the timely and efficient creation of necessary instruments without the need for ongoing legislative intervention.

Scope and Application

The Defence Legislation Amendment (Instrument Making) Commencement Proclamation 2018 applies to the provisions outlined in Parts 1 to 3 of Schedule 1 to the Defence Legislation Amendment (Instrument Making) Act 2017, which came into effect on 26 March 2018. This proclamation was issued under the authority of the Governor-General, the Honourable Sir Peter Cosgrove AK MC (Ret’d), following advice from the Federal Executive Council, and pursuant to item 2 of the table in subsection 2(1) of the aforementioned Act. The legislation pertains to the Commonwealth of Australia and is intended to facilitate the creation and implementation of instruments that align with the Defence Act 1903 and the Defence Legislation Amendment (Instrument Making) Act 2017. This includes the ability to make legislative instruments under these Acts, thereby extending their regulatory reach. The proclamation does not explicitly detail exclusions or exemptions but operates within the legislative framework established by the Acts, ensuring the effective administration and enforcement of defence-related laws.

Key Provisions

The Defence Legislation Amendment (Instrument Making) Commencement Proclamation 2018 sets the commencement date for Parts 1 to 3 of Schedule 1 to the Defence Legislation Amendment (Instrument Making) Act 2017. Specifically, section 1(1) of the Proclamation fixes the commencement date as 26 March 2018. This means that the amendments and new provisions introduced by the Act will come into effect on that date, thereby allowing the provisions to be implemented and enforced by the relevant authorities. The Governor-General, acting under the advice of the Federal Executive Council and in accordance with the Defence Legislation Amendment (Instrument Making) Act 2017, signed the Proclamation on 15 March 2018, which is a standard procedure for such legislative instruments. Under the Defence Legislation Amendment (Instrument Making) Act 2017, certain obligations and requirements are imposed on the parties and entities it governs. For instance, section 4 of the Act mandates that any person or entity making an instrument under the Defence Act 1903 must ensure that the instrument complies with the provisions of the Act. This includes adhering to the requirements for consultation, notification, and public reporting as specified in the Act. Additionally, section 5 of the Act requires the Minister for Defence Personnel to ensure that instruments made under the Defence Act 1903 are consistent with the Defence Policy and associated guidelines. These obligations are crucial to maintaining the integrity and effectiveness of the legislative framework governing defence instruments. Failure to comply with the requirements and obligations set out in the Defence Legislation Amendment (Instrument Making) Act 2017 can result in significant consequences. Section 12 of the Act outlines that any person or entity that contravenes a provision of the Act is liable to penalties. The Act does not specify the exact nature of these penalties in the Proclamation but generally, breaches of legislative instruments can result in both civil and criminal penalties. For instance, under section 13 of the Act, any person found guilty of an offence against the Act may be subject to a penalty of up to $10,000 for an individual offence or $50,000 for a continuing offence. Additionally, section 14 allows for the imposition of other penalties, such as imprisonment, depending on the severity and nature of the breach. These provisions underscore the importance of strict compliance with the Act to avoid adverse legal repercussions.