EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 122
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
NAVAL FORCES REGULATIONS (AMENDMENT)
The Naval Forces Regulations (“the Regulations”), made under the Naval Defence Act 1910, prescribe various matters for the purposes of that Act, including, for discipline purposes, modifications of the Naval Discipline Act 1957 (UK) and the Queen’s Regulations and Admiralty Instructions (UK), and provision for the statutory office of Judge-Advocate-General (of the Navy).
Background
(i) Consequential Amendments
On 3 July 1985 Defence legislation and subordinate legislation will be brought into effect dealing with various matters relating to discipline and the forfeiture of salary and allowances; fuller details are provided below. As a result of this legislation, consequential amendments and repeals are required to existing regulations.
(ii) Discipline
Section 34 of the Naval Defence Act 1910 applies the Naval Discipline Act, 1957 (UK) and the Queen’s Regulations and Admiralty Instructions (UK) to the Australian Navy and the members of that force.
The Defence Force Discipline Act 1982, which consolidates disciplinary law for the Defence Force, and creates the statutory office of Judge Advocate General of the Defence Force, will be brought into operation on 3 July 1985. The Defence Force (Miscellaneous Provisions) Act 1982, which will come into force automatically with the Defence Force Discipline Act 1982, makes the necessary consequential repeals and amendments of existing Acts, including discontinuance of the application of the Naval Discipline Act 1957 (UK) and the Queen’s Regulations and Admiralty Instructions.
(iii) Forfeiture of Salary and Allowances
A related matter is the forfeiture of salary and allowances of members of the Defence Force, for which provision is made by section 119 of the
Defence Act 1903 and the regulations under that Act, the Naval Defence Act 1910 and the Air Force Act 1923. Section 53 of the Defence Force Re-organization Act 1975 replaced section 119 of the Defence Act 1903 with a new section 119 (subsequently further amended by section 10 of the Defence Acts Amendment Act 1981) which provides that the regulations may make provision for the forfeiture or suspension of the salary and allowances of members of the Defence Force. Section 53 (and the further amendments) will be brought into operation on 3 July 1985, and new regulations of tri-Service application will be made by a Statutory Rule amending the Defence Force Regulations from that date.
Amendments to the Naval Forces Regulations
This Statutory Rule makes the necessary consequential repeals of the provisions in the Regulations relating to discipline and forfeiture of salary and allowances.
Commencement
The repeals have effect from 3 July 1985.