Defence (Public Areas) By-Laws (Amendment) 1997 No. 34
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 34
Issued by the Authority of the Minister for Defence Industry, Science and Personnel
Defence Act 1903
Defence (Public Areas) By-Laws (Amendment)
Section 116ZD of the Defence Act 1903 ("the Act") provides that the Minister may make by-laws, not inconsistent with the Act, for and in relation to the control and management of Defence land declared by the Minister to be public areas. In 1987, the Defence (Public Area) By-laws ("the ByLaws") were made under section 116ZD.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Act to change the tides 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 tides. 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 By-Laws by replacing references to "chief of staff" with references to "service chief". (In this context there is no requirement to include the Chief of the Defence Force in the references.) The other expressions do not appear in the By-Laws.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence (Public Areas) By-Laws (Amendment) 1997 No. 34, issued under the authority of the Minister for Defence Industry, Science and Personnel, is a statutory rule amending the Defence (Public Areas) By-Laws made under the Defence Act 1903. This amendment was necessitated by the legislative changes introduced through the Defence Legislation Amendment Act (No. 1) 1997, which altered the titles of the service chiefs within the Defence Force. Specifically, it changed the titles 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. This statutory rule updates the by-laws to reflect these changes by replacing references to "chief of staff" with "service chief", ensuring consistency and alignment with the updated titles as prescribed by the 1997 Act. The amendment aims to maintain the integrity and applicability of the by-laws in light of the structural changes within the Defence Force, thereby facilitating effective control and management of Defence land declared as public areas.
Scope and Application
The Defence (Public Areas) By-Laws (Amendment) 1997 No. 34EXPLANATORY STATEMENTSTATUTORY RULES 1997 No. 34, issued under the authority of the Minister for Defence Industry, Science and Personnel, pertains to the Defence Act 1903. The Act enables the Minister to establish by-laws for the control and management of Defence land designated as public areas. The 1997 Amendment modifies the Defence (Public Areas) By-Laws, which were enacted in 1987, to align with the Defence Legislation Amendment Act (No. 1) 1997. This amendment responds to changes in the Defence Force's command structure, updating titles from "chief of staff" to "service chief" for the Chiefs of Navy, Army, and Air Force, while excluding the Chief of the Defence Force. The amendment ensures consistency with other related Commonwealth Acts that have been updated similarly. The Statutory Rule takes effect from the date of its gazette.
Key Provisions
The main operative sections of the Defence (Public Areas) By-Laws (Amendment) 1997 No. 34 are those that amend the Defence (Public Areas) By-Laws to align with the changes in command titles made by the Defence Legislation Amendment Act (No. 1) 1997. Specifically, Section 116ZD of the Defence Act 1903, which allows the Minister to make by-laws for the control and management of Defence land declared to be public areas, is referenced in this Statutory Rule. The amendment involves replacing references to "chief of staff" with "service chief" within the By-Laws, reflecting the new command titles of Chief of Navy, Chief of Army, and Chief of Air Force.
The obligations and requirements imposed by this Act are primarily focused on ensuring that the By-Laws reflect the updated titles of the Defence Force's command structure. This means that all documents, notices, and references within the By-Laws must be updated to use the term "service chief" instead of "chief of staff". This update is necessary to maintain consistency and accuracy in legal documentation and to ensure that the By-Laws remain aligned with the current command structure as mandated by the 1997 Act.
The Defence (Public Areas) By-Laws (Amendment) 1997 No. 34 does not explicitly outline offences, penalties, or civil/criminal consequences for breach within the text provided. However, non-compliance with legislative requirements in Australia can typically lead to enforcement actions, fines, or other penalties depending on the severity and nature of the breach. For specific penalties related to breaches of Defence by-laws, one would need to refer to the Defence Act 1903 and other relevant legislation, which may provide for administrative, civil, or criminal sanctions. The Statutory Rule itself comes into operation on the date of gazette, ensuring that the amendments are immediately effective.