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.
Overview
The Naval Forces Regulations (Amendment) 1985, issued under the authority of the Minister for Defence, amends the Naval Forces Regulations made under the Naval Defence Act 1910. This statutory rule was enacted to address the consequential amendments required following the introduction of new legislation concerning discipline and the forfeiture of salary and allowances within the Defence Force, effective from 3 July 1985. The new Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982 necessitated the repeal of the application of the Naval Discipline Act 1957 (UK) and the Queen’s Regulations and Admiralty Instructions (UK), which were previously applicable to the Australian Navy. The policy objective of these amendments is to align the regulations with the new legislative framework, ensuring that the disciplinary and salary forfeiture provisions are consistent across the Defence Force.
Scope and Application
The Naval Forces Regulations (Amendment) Statutory Rules 1985 No. 122, issued under the authority of the Minister for Defence, modifies existing Naval Forces Regulations made under the Naval Defence Act 1910 to align with new legislation concerning discipline and the forfeiture of salary and allowances within the Australian Defence Force. The Regulations, which originally applied provisions from the Naval Discipline Act 1957 (UK) and the Queen’s Regulations and Admiralty Instructions (UK), will have certain sections repealed to reflect changes enacted by the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which will bring an end to the application of UK disciplinary laws to the Australian Navy. These amendments also accommodate new provisions regarding the forfeiture of salary and allowances under the Defence Act 1903 and related legislation. The Regulations apply to all members of the Australian Navy and are subject to the geographic jurisdiction of Australia, encompassing federal and state legal frameworks. The new statutory rules are effective from 3 July 1985, with consequential repeals and amendments to existing regulations occurring at this time.
Key Provisions
The Naval Forces Regulations (Amendment) Statutory Rules 1985 No. 122 primarily address the consequential amendments needed in the Naval Forces Regulations (the Regulations) due to the introduction of new Defence legislation on 3 July 1985. These amendments are necessitated by the application of the Defence Force Discipline Act 1982 and the Defence Force (Miscellaneous Provisions) Act 1982, which consolidate disciplinary law for the Defence Force and discontinue the application of the Naval Discipline Act 1957 (UK) and the Queen’s Regulations and Admiralty Instructions (UK). Section 34 of the Naval Defence Act 1910, which previously applied these UK laws to the Australian Navy, is thereby modified to align with the new Australian framework.
The Regulations are amended to reflect the new disciplinary regime established by the Defence Force Discipline Act 1982, which includes the creation of the statutory office of Judge Advocate General of the Defence Force. The Regulations no longer incorporate the Naval Discipline Act 1957 (UK) or the Queen’s Regulations and Admiralty Instructions (UK), instead aligning with the Australian disciplinary laws. Furthermore, the Regulations are revised to incorporate the provisions of section 53 of the Defence Force Re-organization Act 1975, which allows for the forfeiture or suspension of salary and allowances of Defence Force members, as well as the subsequent amendments made by section 10 of the Defence Acts Amendment Act 1981. This includes the application of new tri-Service regulations for the forfeiture of salary and allowances.
The Naval Forces Regulations (Amendment) Statutory Rules 1985 impose several obligations and requirements on the entities and individuals governed by the Regulations. Firstly, it mandates that the disciplinary procedures and penalties applicable to members of the Australian Navy must now comply with the Defence Force Discipline Act 1982. This includes adherence to the statutory office of Judge Advocate General of the Defence Force, which is responsible for overseeing disciplinary matters. Secondly, the new Regulations require that the forfeiture of salary and allowances be managed in accordance with the updated provisions under the Defence Act 1903 and the Defence Force Re-organization Act 1975. This ensures that any disciplinary action resulting in the forfeiture or suspension of salary and allowances is carried out consistently and in line with the new legislative framework.
Failure to comply with the amended Naval Forces Regulations can lead to significant civil or criminal consequences. Under the Defence Force Discipline Act 1982, breaches of disciplinary regulations may result in administrative actions, including the imposition of penalties such as fines or reductions in rank. The maximum penalties for serious offences are not specified in the Statutory Rules but are likely to be determined by the severity of the misconduct and in accordance with the Defence Force Discipline Act. Additionally, failure to adhere to the new provisions regarding the forfeiture of salary and allowances may result in financial repercussions for the affected Defence personnel, as well as potential legal action if the forfeiture is deemed unlawful or improperly executed.