Defence (Visiting Forces) Amendment Regulations 1999 (No. 2)

Overview

The Defence (Visiting Forces) Amendment Regulations 1999 (No. 2) were enacted in response to the need to incorporate additional countries into the existing Defence (Visiting Forces) Regulations 1963, thereby extending the application of the Defence (Visiting Forces) Act 1963 to their military personnel. The Act was originally designed to govern the legal status of foreign military forces within Australia, allowing these forces to apply their own military law while in Australia and suspending Australian jurisdiction over such personnel in certain circumstances. This framework facilitates the domestic implementation of Status of Forces Agreements (SOFAs) between Australia and various nations. The amendments were introduced by the Australian Government to accommodate the participation of additional countries in the INTERFET peacekeeping force in East Timor, ensuring their personnel were covered under the relevant legal arrangements. The regulations were issued under the authority of the Attorney-General and were enacted by the Parliament of Australia. The policy objective behind these amendments was to ensure comprehensive legal coverage for all participating nations in the peacekeeping mission, thereby facilitating smooth operations and legal compliance for the multinational force operating in Australian territory. By updating the Defence (Visiting Forces) Regulations 1963 to include the new participating countries, the amendments aimed to maintain the integrity and effectiveness of the legal framework governing visiting foreign military forces.

Scope and Application

The Defence (Visiting Forces) Amendment Regulations 1999 (No. 2) extends the application of the Defence (Visiting Forces) Act 1963 to include additional countries participating in the peacekeeping force in East Timor led by Australia as part of INTERFET. The Act applies to foreign military forces when they are in Australia and allows the military authorities of these forces to apply their military law to their personnel, while suspending Australian jurisdiction over such personnel in certain circumstances. This is facilitated through the Defence (Visiting Forces) Regulations 1963, which are amended by the 1999 Regulations to list countries whose military personnel are covered by the Act. The amendment specifically includes Bangladesh, Kenya, and South Africa as Commonwealth countries and Argentina, China, the Czech Republic, Denmark, Germany, Hungary, Jordan, Poland, and Uruguay as non-Commonwealth countries. These additions ensure that all participating nations in the peacekeeping force have their military personnel governed by the arrangements stipulated under the Act.

Key Provisions

The main operative sections of the Defence (Visiting Forces) Amendment Regulations 1999 (No. 2) involve amendments to the Defence (Visiting Forces) Regulations 1963. Regulation 3 of the amending Regulations specifically alters Schedule 1 of the original Regulations. Item 1 adds Bangladesh to the list of Commonwealth countries which may contribute to the peacekeeping force. Item 2 adds Kenya to the same list. Item 3 changes the name of "Republic of Singapore" to "Singapore" and adds South Africa to the list of Commonwealth countries that are to contribute to the peacekeeping force. Finally, Item 4 includes non-Commonwealth countries Argentina, China, the Czech Republic, Denmark, Germany, Hungary, Jordan, Poland and Uruguay to the list of countries that may contribute to the peacekeeping force. These amendments ensure that the personnel from all participating nations in the INTERFET peacekeeping mission are covered by the existing legal framework provided by the Defence (Visiting Forces) Act 1963. The Act imposes certain obligations and requirements on the parties and entities it governs. Primarily, it allows the military authorities of visiting foreign forces to apply their military law to their personnel while in Australia, while suspending Australian jurisdiction over such personnel in certain circumstances. This is to facilitate the effective operation of the visiting forces and to avoid conflicts of jurisdiction between Australian and foreign military law. Additionally, the Act requires the Australian government to make regulations under section 30 to prescribe matters necessary for carrying out the Act. These regulations include declaring which countries the Act applies to, as seen in the amending Regulations. Any breaches of the provisions of the Defence (Visiting Forces) Act 1963 may lead to criminal or civil consequences. While the specific penalties are not outlined in the amending Regulations, the Defence (Visiting Forces) Act 1963 itself may provide for penalties in certain circumstances. For example, under section 28, any person who contravenes a provision of the Act may be liable to a penalty not exceeding level 6 on the Commonwealth Penalty Units scale. Additionally, any person who fails to comply with a direction given by an authorised officer under section 29 may also be liable to a penalty. It is important to note that the maximum penalties and specific legal consequences would need to be determined by reference to the main Act and any applicable sentencing guidelines or laws.