Defence (Parliamentary Candidates) Regulations

Overview

The Defence (Parliamentary Candidates) Regulations, issued under the authority of the Minister for Defence Science and Personnel, were introduced to amend the Defence (Parliamentary Candidates) Act 1969. This Act was enacted to address the issue of members of the Defence Force being ineligible to contest elections due to their full-time service obligations, specifically concerning their inability to be remunerated for holding an appointment under a law of the Commonwealth, as outlined in the Australian Capital Territory (Self-Government) Act 1988. These regulations were designed to prescribe the Legislative Assembly for the Australian Capital Territory, thereby allowing members of the Defence Force to be released from full-time service in order to contest elections for this Assembly. The objective is to facilitate the participation of Defence Force members in the democratic process without compromising their service obligations.

Scope and Application

The Defence (Parliamentary Candidates) Regulations, issued under the authority of the Minister for Defence Science and Personnel, pertain to members of the Defence Force who wish to contest elections for parliamentary seats or other prescribed legislative or advisory bodies. Specifically, these Regulations implement Part II of the Defence (Parliamentary Candidates) Act 1969, which allows for the release of Defence Force members from full-time service if a chief of staff is satisfied that the member is to become a candidate. This provision ensures that members of the Defence Force are not disqualified from running for office in certain legislative bodies due to their service obligations. Notably, the Regulations address the ineligibility of Defence Force members to be candidates for the Legislative Assembly of the Australian Capital Territory as outlined in the Australian Capital Territory (Self Government) Act 1988. By prescribing the Assembly under the Act, these Regulations facilitate the release of Defence Force members to contest elections for the Assembly, thereby aligning with the legislative intent to support Defence Force members in their pursuit of public office. The Statutory Rule is effective from the date of its gazettal.

Key Provisions

The main provisions of the Defence (Parliamentary Candidates) Regulations (1989) concern the release of Defence Force members to contest elections. Section 7(1)(b) of the Defence (Parliamentary Candidates) Act 1969 allows a member of the Defence Force to be released from full-time service if they are to be a candidate for election to a House of the Parliament of Australia, a State Parliament, the Legislative Assembly for the Northern Territory, or a prescribed legislative or advisory body for another Territory. Similarly, Section 8(b) permits the release of Defence Force members from full-time service for the same purposes. Section 9(b) further stipulates that the member must have the consent of the chief of staff. Regulation 3 specifically prescribes the Legislative Assembly for the Australian Capital Territory as an eligible body for the purposes of these sections. This ensures that Defence Force members can be released to contest elections to the Assembly. The Defence (Parliamentary Candidates) Regulations impose specific obligations and requirements on Defence Force members who wish to contest elections. They must first apply for release from full-time service, and this application must be approved by the chief of staff. The chief of staff must be satisfied that the member is to be a candidate for a specified legislative body. This process ensures that only those Defence Force members who meet the statutory criteria are granted leave to contest elections. Additionally, Defence Force members who are granted leave to contest elections must comply with any conditions imposed by the chief of staff regarding their return to service if they do not win the election. Breaching the provisions of the Defence (Parliamentary Candidates) Regulations can lead to various consequences. While the Act itself does not explicitly state offences, penalties, or consequences for non-compliance, any actions that contravene the regulations could potentially be deemed as breaches of service obligations or misconduct. Defence Force members who do not follow the prescribed process for seeking release to contest elections may face disciplinary action under the Defence Force Discipline Act 1987. This could include administrative penalties, loss of rank, or other disciplinary measures. Furthermore, if a member returns to service without proper authorisation, they could be subject to further disciplinary action, including potential dismissal from the Defence Force. These consequences underscore the importance of adhering to the regulatory framework governing the release of Defence Force members for electoral purposes.