EXPLANATORY STATEMENT
Subject- Defence (VISITING FORCES) Act 1963
Defence (Visiting Forces) Regulations (Amendment)
1989 No 213
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 confer on a visiting force (defined in subsection 5(1) of the Act to mean any body, contingent or detachment of the forces of a country that is for the time being present in Australia), 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, its members, its service tribunals, such persons or such property if the force were part of the Defence Force. (Defence Force is defined in subsection 5(1) of the Act to have the same meaning as in the Defence Act 1903) .
Regulation 201 of the Australian Military Regulations exempted members of the Army and members of Rifle Clubs from the operation of State and Territory laws in certain cases. By subregulation 6(2) of the Regulations, those exemptions were extended in respect of a visiting force sent to Australia by a country to which section 16 of the Act applies.
Regulation 201 of the Australian Military Regulations has been repealed. However, certain of the immunities provided by regulation 201 are now contained in subsection 123(1) of the Defence Act 1903.
Subsection 123 of the Defence Act 1903 exempts a member of the Defence Force from any law of a State or Territory that would require the member to have permission to use, have in his or her possession or register any vehicle, vessel, animal, firearm or other thing belonging to the Commonwealth or to have permission to do anything in the course of his or her duties as a member of the Defence Force.
The Defence (Visiting Forces) Regulations (Amendment) omits subregulation 6(2) of the Regulations, as a consequence of the repeal of regulation 201 of the Australian Military Regulations, and inserts a provision which extends to members of a visiting force sent to Australia by a country in relation to which section 16 of the Act applies the immunities from certain State and Territory laws conferred on members of the Defence Force by subsection 123(1) of the Defence Act 1903.
The Defence (Visiting Forces) Regulations (Amendment) will commence on the date of gazettal.
Authority: Section 30 and paragraph 16(2)(b) of the Defence (Visiting Forces) Act 1963.