EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 89
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES (FIRING AREAS) REGULATIONS (REPEAL)
An amendment to the Defence Force Regulations, made concurrently with this Statutory Rule, revises and consolidates legislative provision for defence practice areas by introducing, with effect from 1 July 1985, new provisions of tri-service application.
Existing regulations providing for practices, operations, surveys and associated matters are therefore rendered redundant.
The Naval Forces (Firing Areas) Regulations empowered the Chief of Naval Staff to declare an area for naval gunnery practice. This matter is now covered in the new provisions of the Defence Force Regulations.
Regulations 1 and 2 of the Statutory Rule repeal the Naval Forces (Firing Areas) Regulations with effect from 1 July 1985.
Overview
The Naval Forces (Firing Areas) Regulations (Repeal) 1985, issued under the authority of the Minister for Defence, was enacted to address the redundancy of the existing regulations that provided for practices, operations, and surveys related to naval gunnery practice areas. The objective of this legislation was to streamline and consolidate the legislative provisions concerning defence practice areas by integrating them into the new Defence Force Regulations, which took effect from 1 July 1985. This repeal was necessary as the existing regulations had become outdated and were no longer necessary following the introduction of the new consolidated regulations. The repeal of the Naval Forces (Firing Areas) Regulations was intended to ensure that the legislative framework governing defence activities was modernised and more effectively managed.
Scope and Application
The Naval Forces (Firing Areas) Regulations (Repeal) Statutory Rule 1985 No. 89, issued under the authority of the Minister for Defence, serves to repeal the Naval Forces (Firing Areas) Regulations, which previously empowered the Chief of Naval Staff to declare areas for naval gunnery practice. This repeal takes effect from 1 July 1985 and is part of a broader revision and consolidation of legislative provisions for defence practice areas, which are now addressed in the Defence Force Regulations. The repeal of these regulations means that any existing provisions for practices, operations, and surveys pertaining to naval gunnery practice are no longer applicable. The new Defence Force Regulations encompass these functions, providing a streamlined and integrated legislative framework for all defence services. This change ensures that the operational aspects of naval gunnery are now governed under a unified set of regulations applicable to all tri-service activities, thus ensuring consistency and efficiency in defence practices across the Australian Defence Force.
Key Provisions
The primary operative sections of the Naval Forces (Firing Areas) Regulations (Repeal) are Regulations 1 and 2 (s1 and s2). These sections effectively repeal the existing Naval Forces (Firing Areas) Regulations, making them obsolete from 1 July 1985. This repeal is part of a broader revision and consolidation of legislative provisions for defence practice areas, as detailed in the Defence Force Regulations. The intention behind this repeal is to streamline the regulatory framework by incorporating the functions previously governed by the Naval Forces (Firing Areas) Regulations into the new Defence Force Regulations.
The obligations and requirements imposed by the Naval Forces (Firing Areas) Regulations (Repeal) primarily pertain to the transition from the old regulations to the new Defence Force Regulations. As of 1 July 1985, entities and individuals who were subject to the Naval Forces (Firing Areas) Regulations must now comply with the new Defence Force Regulations. This includes any operations, practices, and surveys previously governed by the repealed regulations. The repeal signifies a shift in regulatory oversight, ensuring that all defence practice areas are uniformly managed under the consolidated legislative framework.
In terms of offences and penalties, the repeal itself does not introduce new criminal or civil offences. However, non-compliance with the new Defence Force Regulations could lead to various consequences. These consequences depend on the specific provisions of the Defence Force Regulations and may include administrative actions, fines, or other penalties as stipulated in the new regulations. The maximum penalties for breaches of the Defence Force Regulations are not detailed within the Naval Forces (Firing Areas) Regulations (Repeal) but would be specified in the Defence Force Regulations themselves. It is crucial for affected parties to review the new regulations to understand their obligations and the potential consequences of non-compliance.