Director of Public Prosecutions Regulations (Amendment) 1997 No. 75
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 75
Issued by the Authority of the Attorney-General and Minister for Justice
Director of Public Prosecutions Act 1983
Director of Public Prosecutions Regulations (Amendment)
The Director of Public Prosecutions Regulations ("the Principal Regulations"), made under the Director of Public Prosecutions Act 1983, prescribe various matters relating to the operation 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 amends the Principal Regulations by replacing a reference to a "chief of staff of the Defence Force" with a reference to "Chief of the Defence Force or a service chief of the Defence Force". The other expressions do not appear in the Principal Regulations.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Director of Public Prosecutions Regulations (Amendment) 1997 No. 75 was enacted to address the need for regulatory alignment following legislative changes to the Defence Force command structure. The Defence Legislation Amendment Act (No. 1) 1997 introduced new titles for the service chiefs in the Defence Force, necessitating amendments to various references within Commonwealth legislation to reflect these changes. This particular Statutory Rule was issued under the authority of the Attorney-General and Minister for Justice and aims to ensure that the Director of Public Prosecutions Regulations, made under the Director of Public Prosecutions Act 1983, remain consistent with the new legislative framework. By replacing references to a "chief of staff of the Defence Force" with "Chief of the Defence Force or a service chief of the Defence Force", the amendment maintains the integrity and applicability of the existing regulations. The Statutory Rule took effect on the date of its gazettal, ensuring prompt alignment with the legislative changes.
Scope and Application
The Director of Public Prosecutions Regulations (Amendment) 1997 No. 75 applies to the Director of Public Prosecutions Regulations made under the Director of Public Prosecutions Act 1983. It amends the Principal Regulations to reflect legislative changes brought about by the Defence Legislation Amendment Act (No. 1) 1997, which updated titles within the Defence Force. Specifically, it modifies references from "chief of staff of the Defence Force" to "Chief of the Defence Force or a service chief of the Defence Force" to align with the new titles of the service chiefs as Chief of Navy, Chief of Army, and Chief of Air Force. This change ensures that the regulations continue to accurately reflect the current structure and titles within the Defence Force as established by the 1997 Act. The amendment extends the application of the regulations to the new titles while maintaining their original scope and purpose, thereby ensuring continuity in the legal framework governing the prosecution of criminal matters in Australia. The Statutory Rule comes into operation on the date of gazettal, ensuring immediate effect upon its publication.
Key Provisions
The key operative sections of the Director of Public Prosecutions Regulations (Amendment) 1997 No. 75 concern the amendment of existing regulations under the Director of Public Prosecutions Act 1983. Specifically, section 1 of the Statutory Rule replaces a reference to a "chief of staff of the Defence Force" in the Principal Regulations with "Chief of the Defence Force or a service chief of the Defence Force". This change is a direct result of legislative amendments made by the Defence Legislation Amendment Act (No. 1) 1997, which updated the titles of the service chiefs within the Defence Force. The amendment ensures that the Principal Regulations align with the current titles and structures within the Defence Force.
The obligations and requirements imposed by this amendment pertain to the updating of regulatory language to reflect changes in the titles of Defence Force officials. This update is necessary to maintain consistency and accuracy in legal terminology. The change from "chief of staff of the Defence Force" to "Chief of the Defence Force or a service chief of the Defence Force" ensures that the regulations remain current and reflective of the latest legislative amendments.
There are no offences, penalties, or civil/criminal consequences specified in the Statutory Rule for the amendment of the regulations. The purpose of the amendment is purely to update the language within the regulations to align with the recent legislative changes. The Statutory Rule comes into effect on the date of its gazettal, meaning that the changes become effective immediately upon publication in the relevant government gazette.