Defence (Visiting Forces) Regulations (Amendment) 1997 No. 73
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 73
Issued by the Authority of the Attorney-General and Minister for Justice
Defence (Visiting Forces) Act 1963
Defence (Visiting Forces) Regulations (Amendment)
The Defence (Visiting Forces) Regulations ("the Principal Regulations"), made under the Defence (Visiting Forces) Act 1963, prescribe various matters relating to the application and administration of that Act.
Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 1903 to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief'. The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.
This Statutory Rule makes two drafting changes associated with the title change exercise. It amends the Principal Regulations by omitting regulation 3A, which contained the delegation powers of the chiefs of staff. As the sole substantive provision which referred to the three chiefs of staff was omitted in 1985, the delegation power was redundant. The Statutory Rule also makes a minor amendment by omitting a reference to the "Defence Act 1903-1956" in regulation 6 of the Principal Regulations and substituting "Defence Act 1903". There ate no references to the amended expressions in the remainder of the Principal Regulations.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Defence (Visiting Forces) Regulations (Amendment) 1997 No. 73 was enacted to amend the Defence (Visiting Forces) Regulations 1963, made under the Defence (Visiting Forces) Act 1963, in light of recent legislative changes. The amendment follows the Defence Legislation Amendment Act (No. 1) 1997, which updated the titles of service chiefs within the Defence Force. The key change addressed by this Statutory Rule is the amendment of titles from "Chief of Naval Staff", "Chief of the General Staff" and "Chief of the Air Staff" to "Chief of Navy", "Chief of Army" and "Chief of Air Force", respectively, and the corresponding generic title from "chief of staff" to "service chief". This change was intended to reflect contemporary command structures and align with other Commonwealth Acts. The Statutory Rule was issued by the authority of the Attorney-General and Minister for Justice, and its purpose is to ensure the regulations remain consistent with the latest legislative changes.
Scope and Application
The Defence (Visiting Forces) Regulations (Amendment) 1997 No. 73, issued under the Defence (Visiting Forces) Act 1963, primarily addresses administrative adjustments resulting from legislative reforms concerning the titles of service chiefs within the Australian Defence Force. This amendment is a consequence of the Defence Legislation Amendment Act (No. 1) 1997, which updated the titles of the service chiefs from Chief of Naval Staff, Chief of the General Staff, and Chief of the Air Staff to Chief of Navy, Chief of Army, and Chief of Air Force respectively. The amendment reflects these changes by removing outdated references and ensuring consistency across relevant defence legislation. The regulation omits the delegation powers previously held by the chiefs of staff, as these powers became redundant after the 1985 omission of the sole substantive provision referring to them. Additionally, it corrects a minor typographical error in the Principal Regulations by updating a reference from the "Defence Act 1903-1956" to the "Defence Act 1903". This Statutory Rule applies nationally and comes into operation on the date of gazettal, ensuring that all relevant defence regulations are aligned with the current legislative framework.
Key Provisions
The Defence (Visiting Forces) Regulations (Amendment) 1997 No. 73, amends the Defence (Visiting Forces) Regulations 1990. Regulation 3A, which dealt with delegation powers of the chiefs of staff, is omitted as it became redundant following the removal of the sole substantive provision that referred to these titles in 1985 (section 1). Additionally, the amendment corrects a reference in regulation 6 from "Defence Act 1903-1956" to "Defence Act 1903" (section 2). These changes reflect the command title changes implemented by the Defence Legislation Amendment Act (No. 1) 1997, which updated the titles of the service chiefs and the generic title "chief of staff" to "service chief."
These amendments impose a requirement on the relevant authorities to update their regulations and references to align with the new titles of the service chiefs and the generic title as prescribed by the 1997 Act. The amendment ensures that the Defence (Visiting Forces) Regulations accurately reflect the current command structure and terminology within the Defence Force. This includes ensuring that all references to the chiefs of staff and the generic title are updated to reflect the changes enacted by the Defence Legislation Amendment Act (No. 1) 1997.
Failure to comply with the provisions of the Defence (Visiting Forces) Regulations, as amended, could potentially lead to legal challenges regarding the validity of actions taken under the regulations. While specific offences and penalties for non-compliance with the regulations are not detailed in the Explanatory Statement, breaches of regulations can generally result in legal consequences, including fines or other penalties as prescribed by the relevant legislation. The Defence (Visiting Forces) Act 1963 and the Defence (Visiting Forces) Regulations 1990 provide the legal framework for the administration of visiting forces in Australia, and adherence to these regulations is crucial for maintaining the integrity and effectiveness of the Defence Force's command structure.