Defence (Visiting Forces) Regulations (Amendment)

Overview

The Defence (Visiting Forces) Act 1963 was enacted to facilitate the presence and operations of visiting forces in Australia by providing a legal framework that allows for the necessary arrangements and cooperation between Australia and other nations. This Act was designed to address the need for clear guidelines and provisions governing the interaction between Australian authorities and foreign military forces visiting Australia, ensuring that these forces can operate within the Australian legal system while maintaining their operational capabilities. The Act was enacted by the Parliament of Australia, reflecting the policy objective of fostering international military cooperation and ensuring that visiting forces can function effectively during their stay in Australia. The Regulations under this Act, as amended, further define the specific mechanisms and powers required to implement the provisions of the Act, including the establishment and operation of facilities such as canteens for visiting forces.

Scope and Application

The Defence (Visiting Forces) Regulations, 1970, made under the Defence (Visiting Forces) Act 1963, extend to members of the United States Forces present in Australia as part of the visiting force arrangement, specifically the United States R. & R. Centre Sydney. These regulations apply to the Australian Services Canteens Organization Board of Management and the Australian Services Canteens Organization, enabling them to conduct, maintain, and operate canteens for the visiting force to the same extent as they would for the Defence Forces. The Board has the authority to delegate its powers and functions to specified individuals or committees, including those related to the visiting force, and to appoint a representative to act on its behalf in managing canteens for the visiting force. Importantly, the regulations exempt the Board from needing state licences or permissions for certain activities related to the supply and consumption of intoxicating liquor at canteens established for the visiting force, provided the liquor is the property of the Board or the visiting force members. This regulatory framework ensures that the visiting force has access to necessary services while in Australia, aligning with the broader objectives of the Defence (Visiting Forces) Act.

Key Provisions

The new regulation (13) inserted under the Defence (Visiting Forces) Regulations 1963 (the "Regulations") extends the powers of the Australian Services Canteens Organization Board of Management (the "Board") to the United States R. & R. Centre Sydney (the "visiting force"). These powers include conducting, maintaining, and operating a canteen for the visiting force, as well as employing personnel necessary for these activities. The Board is also authorised to delegate certain functions to specified individuals or committees, or to the Canteens Organization Representative with the visiting force. Furthermore, the Canteens Organization Representative is empowered to act as the Board's agent in establishing and managing a canteen for the visiting force, subject to Board instructions. The Regulations impose several obligations on the Board in relation to the visiting force. Firstly, the Board must exercise its powers in accordance with the provisions of regulation 13, treating the visiting force as if it were part of the Defence Forces. Secondly, the Board has the authority to appoint a Canteens Organization Representative to act on its behalf in relation to the visiting force. This representative must adhere strictly to the Board's instructions when performing duties and functions delegated under regulation 19 of the Regulations. Thirdly, the Board can employ necessary personnel to exercise the powers granted by regulation 13(2). Breaching the provisions of the new regulation or the Regulations in general may lead to civil or criminal consequences. For instance, supplying intoxicating liquor without the necessary licence or permission under state law could result in legal action. Additionally, any failure to adhere to the instructions given by the Board to the Canteens Organization Representative or other delegated individuals could result in disciplinary action or other penalties as prescribed by the Regulations. While specific penalties are not detailed in the new regulation, general provisions within the Defence (Visiting Forces) Act 1963 and related legislation may apply, potentially including fines or imprisonment for serious breaches.