Defence (Visiting Forces) Regulations (Amendment)

Overview

The Defence (Visiting Forces) Regulations 1965 were enacted under the Defence (Visiting Forces) Act 1963 to address the need for clear procedures and legal authority regarding the apprehension and handling of deserters or absentees from visiting forces within Australia. This legislative instrument was established by the Governor-General in Council, following the advice of the Federal Executive Council. The primary policy objective is to facilitate the cooperation between Australian authorities and foreign military entities in managing the apprehension and custody of individuals who have deserted or are absent without leave from their respective forces. These regulations provide a structured form for warrants to be issued, ensuring that any member of the Australian police or defence forces can legally act upon requests from foreign military authorities for the arrest of such individuals.

Scope and Application

The Defence (Visiting Forces) Regulations 1965, made under the Defence (Visiting Forces) Act 1963, apply to members of the Australian Police Force and the Defence Force. These regulations allow for the issuance of warrants to authorise the arrest of deserters and absentees without leave from visiting forces, as requested by the designated authority of the country to which the forces belong. The warrants must be in the prescribed form as outlined in the Schedule to the Regulations. This legislative instrument provides a formal mechanism for the Australian authorities to cooperate in the apprehension of individuals who have deserted or gone absent without leave from visiting forces. The regulations are applicable nationally, covering all members of the Police Force and Defence Force across the Commonwealth, states, and territories of Australia. The Regulations do not explicitly state any exclusions, exemptions, or thresholds, implying that they apply broadly to all relevant cases where assistance is requested by another country's military authorities. The application of the Act and these Regulations may be further extended or specified through subordinate instruments, although such provisions are not detailed in the legislative text provided.

Key Provisions

The Defence (Visiting Forces) Regulations 1965, made under the Defence (Visiting Forces) Act 1963, introduce a new regulation (regulation 5a) that specifies the form of a warrant for the apprehension of a deserter or absentee without leave from a visiting force. Regulation 5a states that any warrant issued under section 19 of the Act must adhere to the prescribed form detailed in the Schedule to these Regulations (section 1(1)). The Schedule provides a template for the warrant, which must be completed with the specific details of the deserter or absentee, including their name, description, unit, and the authority and location to which they must be delivered (Schedule, regulation 5a). Under these Regulations, the primary obligation is placed upon the designated authority of a visiting country to formally request assistance in apprehending a member of their forces who has deserted or absented without leave. This request must be made in writing and signed by the appropriate authority (Schedule, regulation 5a). Once such a request is received, an officer of the Defence Force, authorised by the Board, must issue a warrant in the specified form (section 1(1), Schedule, regulation 5a). This warrant authorises any member of the Police Force of the Commonwealth, a State or Territory, or any member of the Defence Force, to arrest the named individual and deliver them into the custody of the specified military authorities of the visiting country (Schedule, regulation 5a). Failure to comply with the requirements of these Regulations, such as not adhering to the prescribed form for a warrant, could potentially lead to legal consequences. However, the Regulations themselves do not explicitly outline specific penalties for non-compliance. Any breach of the Act or Regulations that results in unlawful actions could, under general principles of administrative law and criminal law, lead to civil or criminal proceedings. The severity of any penalties would depend on the nature and impact of the breach, and would be determined in the context of applicable laws and judicial discretion.