EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 324
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES REGULATIONS (AMENDMENT)
In 1981 the policy was adopted that persons would not normally be eligible for entry to the Defence Force unless they hold Australian citizenship. This policy replaced the broader criterion of British nationality.
The new policy envisages that a person who is not an Australian citizen, but who has applied for Australian citizenship, could be recruited if necessary. If citizenship were not granted to him, or if he did not accept it when offered, his membership of the Defence Force would be terminated.
The Naval Forces Regulations, made under the Naval Defence Act 1910, provide for various matters relating to the administration and discipline of the Navy.
Regulation 38 of the Regulations prescribes the reasons for which a sailor may be discharged from the Navy.
This Statutory Rule adds a new paragraph 38(1)(k) which provides that a sailor may be discharged for the reason that he has not been granted, or has not accepted, Australian citizenship.
The Statutory Rule has effect from the date of gazettal.
Overview
The Naval Forces Regulations (Amendment) Statutory Rules 1982 No 324, issued by the authority of the Minister for Defence, was enacted to align the recruitment policy for the Defence Force with the updated criterion of Australian citizenship. This legislation was introduced to address the gap left by the previous policy that permitted recruitment based on British nationality, which was deemed insufficient in the contemporary context. The objective was to ensure that the Defence Force is composed of individuals who are committed to Australia, thereby strengthening national security and cohesion within the military. This amendment to the Naval Defence Act 1910, specifically to Regulation 38, allows for the discharge of sailors who do not meet the citizenship requirement, thereby formalising the policy change and its implications for service members.
Scope and Application
The Naval Forces Regulations (Amendment) Statutory Rules 1982 applies to individuals who are or wish to be members of the Australian Defence Force, specifically focusing on the Navy. It concerns persons who are not Australian citizens but may be recruited under certain conditions, such as those who have applied for Australian citizenship. The amendment pertains to the eligibility criteria for entry into the Defence Force, replacing the previous criterion of British nationality with the requirement of Australian citizenship. The regulation also governs the circumstances under which a sailor may be discharged, adding a provision that a sailor may be terminated from service if they have not been granted or have not accepted Australian citizenship. The scope of this legislation is limited to the administrative and disciplinary aspects of the Navy, as outlined under the Naval Defence Act 1910. This rule is effective from the date of its gazettal and extends across the Commonwealth, aligning with the national policy shift towards prioritising Australian citizenship for Defence Force membership.
Key Provisions
The Naval Forces Regulations (Amendment) Statutory Rules 1982, introduced under the authority of the Minister for Defence, primarily modify the criteria for the discharge of sailors from the Navy. Specifically, section 38(1)(k) of the Regulations has been amended to include the discharge of a sailor who has not been granted Australian citizenship or who has not accepted Australian citizenship if offered (section 38(1)(k)). This amendment aligns with the 1981 policy that Australian citizenship is a prerequisite for entry into the Defence Force, replacing the previous requirement of British nationality. The new regulation allows for the recruitment of non-citizens who have applied for Australian citizenship, with their membership in the Defence Force contingent upon the granting and acceptance of citizenship.
The obligations imposed by this amendment are significant for both the Navy and the individuals seeking to serve. For the Navy, it necessitates ensuring that recruits are assessed for their citizenship status and that any sailor who does not meet the citizenship requirements is duly discharged. For the individuals, it places an onus on them to either possess Australian citizenship or to have applied for it and to accept it if granted. Failure to meet these requirements results in automatic termination of their service in the Navy. This regulation underscores the importance of citizenship as a fundamental eligibility criterion for serving in the Defence Force.
Breaching the citizenship requirement outlined in the amended Regulation 38(1)(k) can have severe consequences. While the Statutory Rule does not explicitly detail specific offences, penalties, or civil/criminal consequences, the automatic discharge of a sailor who fails to meet the citizenship criteria can be considered a significant punitive measure. This discharge not only affects the individual's career within the Defence Force but also their status and rights within the country. The severity of this outcome is compounded by the fact that it applies regardless of the stage of the citizenship application process or the reasons behind the non-acceptance of citizenship. The implications of this regulation thus serve as a strong deterrent to non-compliance with the citizenship requirement.