Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026

EXPLANATORY STATEMENT

Issued by authority of the Attorney-General

under section 30 of the Defence (Visiting Forces) Act 1963

PURPOSE AND OPERATION OF THE INSTRUMENT

Section 30 of the Defence (Visiting Forces) Act 1963 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 16(2)(b) of the Act provides that the regulations may, subject to any prescribed conditions, confer on a visiting force (including its members, its service tribunals, persons in any way connected with a visiting force, or property used or to be used for the purposes of a visiting force) any privilege or immunity specified in the regulations, being a privilege or immunity that would be enjoyed by, or would be capable of being conferred on, the force (including its members, its service tribunals, such persons or such property) if the force were a part of the Australian Defence Force (the Defence Force).

Pursuant to subsection 16(4) of the Act, any regulations made for the purposes of section 16 of the Act may contain such incidental, consequential and supplementary provisions as are expedient for the purposes of any provision of those regulations. Moreover, any provision of regulations made for the purposes of section 16 of the Act may be expressed to apply either generally or in relation to a particular visiting force or in relation to a particular place, pursuant to subsection 16(5) of the Act.

On 21 March 2024, Australia signed the Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation (the DSC), which includes an Annex on ‘Status of Forces’. When it enters into force, the DSC will replace the Treaty between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation (the 2014 Treaty). The DSC builds upon and enhances defence and security activities under the 2014 Treaty to address contemporary challenges and support increased cooperation. It establishes a framework governing the legal status of members of a visiting force and its civilian component and dependants while present in each other’s territory and formalises the practice of consulting on critical issues that affect Australia’s sovereignty and security.

On 6 October 2025, Australia signed the Papua New Guinea – Australia Mutual Defence Treaty (Pukpuk Treaty). The Pukpuk Treaty establishes a legally binding framework for the mutual defence of Australia and Papua New Guinea. It also provides a framework to expand and modernise Australia and Papua New Guinea’s defence partnership.

The Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026 (the proposed Regulations) amend the Defence (Visiting Forces) Regulations 1963 (the Principal Regulations) to give effect to treaty obligations under the DSC between Australia and the United Kingdom and the Pukpuk Treaty between Australia and Papua New Guinea.

The DSC and Pukpuk Treaty texts are publicly available on the Parliament of Australia’s website.

The proposed Regulations extend the immunities from Australian State and Territory laws relating to permissions (in the form of a licence or otherwise) to perform official duties which are conferred by paragraph 123(1)(b) of the Defence Act 1903 on members of the Defence Force (and already conferred on members of visiting forces from other countries by current subregulation 6(2) of the Principal Regulations) to civilian personnel of the United Kingdom’s visiting force (referred to as the ‘Civilian Component’ under Article 1 of the DSC) and Papua New Guinea’s visiting force (included within the definition of ‘Defence Personnel’ under Article 2 of the Pukpuk Treaty).

The extension of those immunities will allow civilian personnel of a visiting force of the United Kingdom and Papua New Guinea to conduct their official duties in Australian territory without the State or Territory licences or other permissions that would otherwise be required. This will allow, for example, any medical professionals who are civilian personnel of the United Kingdom or Papua New Guinea’s visiting force to provide medical treatment to members of the United Kingdom or Papua New Guinea’s visiting force and civilian personnel whilst in Australia. Under the DSC and the Pukpuk Treaty, the United Kingdom and Papua New Guinea’s medical professionals shall not provide medical treatment, prescribe or dispense medication, or use health and medical products or devices for the benefit of Australian citizens without the prior consent of Australia. Under the Pukpuk Treaty, Papua New Guinea’s medical professionals may only provide medical treatment to members of the Defence Force whilst in Australia where agreed with Australia.

The proposed Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

Item 1 of Schedule 1 to the proposed Regulations would commence on the later of the day after the instrument is registered on the Federal Register of Legislation and the day the DSC enters into force for Australia. Item 2 of Schedule 1 to the proposed Regulations would commence on the later of the day after the instrument is registered on the Federal Register of Legislation and the day the Pukpuk Treaty enters into force for Australia. In accordance with table item 1 in regulation 11 of the Legislation (Exemptions and Other Matters) Regulation 2015, the proposed Regulations and Principal Regulations are not subject to sunsetting, as their primary purpose is to give effect to Australia’s international obligations. The proposed Regulations specifically give effect to certain obligations Australia will have under the DSC and Pukpuk Treaty, which will provide the United Kingdom and Papua New Guinea’s forces with certain privileges and immunities when visiting Australia.

Details of the proposed Regulations are set out in Attachment A.

CONSULTATION

Consultation occurred with the Department of Defence. A public consultation process was not held as the proposed Regulations implement the obligations contained in the DSC and Pukpuk Treaty which were the subject of consultation processes through Joint Standing Committee on Treaties inquiries, which recommended that the Government take binding treaty action for both treaties.  

POLICY IMPACT ANALYSIS

The Office of Impact Analysis and the Department of the Prime Minister and Cabinet, were consulted in relation to the proposed Regulations and advised that, based on the information provided, the preparation of a detailed impact analysis was not required.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The proposed Regulations are 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. A Statement of Compatibility with Human Rights is at Attachment B.

ATTACHMENT A

Details of the Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026

Section 1 – Name of proposed Regulations

This section provides that the title of the proposed Regulations is the Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026 (the proposed Regulations).

Section 2 – Commencement

This section provides for Item 1 of Schedule 1 to the instrument to commence on the later of:

• the day after the instrument is registered; and
• the day the Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation, done at Canberra on 21 March 2024 (the DSC), enters into force for Australia.

It also provides for Item 2 of Schedule 1 to the instrument to commence on the later of:

• the day after the instrument is registered; and
• the day the Papua New Guinea – Australia Mutual Defence Treaty, done at Canberra on 6 October 2025 (Pukpuk Treaty), enters into force for Australia.

The items will not commence if the relevant treaty does not enter into force for Australia.

Section 3 – Authority

This section provides that the proposed Regulations are made under the Defence (Visiting Forces) Act 1963 (the Act).

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Schedule 1 – Amendments

Background: Relevant provisions in the treaties and Defence Act

Article 13 of Annex 1 of the DSC and Articles 3 and 4 of Annex A of the Pukpuk Treaty require Australia to allow civilian personnel of the visiting forces of the United Kingdom and Papua New Guinea with current and valid professional, technical or trade licences and qualifications issued by the United Kingdom or Papua New Guinea to conduct their official duties in Australian territory, even where doing so would typically require the individual to have permission (whether in the form of a licence or otherwise).

Paragraph 123(1)(b) of the Defence Act 1903 (the Defence Act) applies to the Australian Defence Force (the Defence Force). That provision stipulates that members of the Defence Force are not bound by any Australian State or Territory laws that would require the member to have permission (whether in the form of a licence or otherwise) to do anything in the course of their duties as a member of the Defence Force.

Item [1] – Subregulation 6(5)

This item inserts “or the United Kingdom” before “as if references to the Defence Force” in subregulation 6(5).

The effect of this item is to extend the immunities conferred by paragraph 123(1)(b) of the Defence Act to civilian personnel of a visiting force of the United Kingdom, referred to as the ‘Civilian Component’ under Article 1 of the DSC. This item operates as if references to the Defence Force in subsection 123(1) of the Defence Act were references to civilian personnel of a visiting force of the United Kingdom.

The purpose of this amendment is to ensure that civilian personnel of a visiting force of the United Kingdom are able to carry out their official duties free of the licensing requirements under Australian State or Territory laws.

Item [2] – Subregulation 6(5)

This item inserts “or Papua New Guinea” before “as if references to the Defence Force” in subregulation 6(5).

The effect of this item is to extend the immunities conferred by paragraph 123(1)(b) of the Defence Act to civilian personnel of a visiting force of Papua New Guinea, who are included in the definition of ‘Defence Personnel’ under Article 2 of the Pukpuk Treaty. This item operates as if references to the Defence Force in subsection 123(1) of the Defence Act were references to civilian personnel of a visiting force of Papua New Guinea.

The purpose of this amendment is to ensure that civilian personnel of a visiting force of Papua New Guinea are able to carry out their official duties free of the licensing requirements under Australian State or Territory laws.

 ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026

This Legislative Instrument 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 Legislative Instrument

The Defence (Visiting Forces) Amendment (Papua New Guinea-Australia Mutual Defence Treaty and Australia-United Kingdom Defence Cooperation Agreement) Regulations 2026 (the proposed Regulations) amend the Defence (Visiting Forces) Regulations 1963 (the Principal Regulations) to implement Australia’s obligations under Article 13 of Annex 1 of the Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation (the DSC) and Articles 3 and 4 of Annex A of the Papua New Guinea – Australia Mutual Defence Treaty (Pukpuk Treaty).
 

Article 13 of Annex 1 of the DSC and Articles 3 and 4 of Annex A of the Pukpuk Treaty require Australia to allow civilian personnel of the visiting forces of the United Kingdom and Papua New Guinea with current and valid professional, technical or trade licences and qualifications issued by the United Kingdom or Papua New Guinea to conduct their official duties in Australian territory, even where doing so would typically require the individual to have permission (whether in the form of a licence or otherwise).

The proposed Regulations implement those provisions in the DSC and Pukpuk Treaty by extending the immunities from Australian State and Territory laws relating to permissions (in the form of a licence or otherwise) to perform official duties which are conferred by paragraph 123(1)(b) of the Defence Act 1903 on members of the Australian Defence Force to civilian personnel of the visiting forces of the United Kingdom and Papua New Guinea.

The extension of those immunities will allow civilian personnel of the visiting forces of the United Kingdom and Papua New Guinea to conduct their official duties in Australian territory without the otherwise required State or Territory licences or other permissions.
 

Human Rights Implications

The proposed Regulations do not engage any of the applicable human rights or freedoms.

Conclusion

The proposed Regulations are compatible with human rights as they do not raise any human rights issues.

The Hon Michelle Rowland MP

Attorney-General