Weapons of Mass Destruction Amendment Regulations 2001 (No. 1)

Overview

The Weapons of Mass Destruction Amendment Regulations 2001 (No. 1), issued under the authority of the Minister for Veterans' Affairs, are amendments to existing regulations made pursuant to the Defence Act 1903 and the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995. These regulations address the need to modernise terminology within Defence regulations to align with changes made by the Public Service Act 1999. Specifically, the amendments update the titles of Australian Public Service officers and employees to whom powers have been delegated, reflecting the updated terminology used in the Public Service Act. This modernisation ensures that the delegation of powers within Defence regulations remains current and reflective of the changing landscape of public service roles and responsibilities. The regulations include the Defence (Areas Control) Amendment Regulations 2001, which allow the Minister to delegate certain powers to a "SES employee" rather than a "Senior Officer Grade A"; the Army and Air Force Canteen Service Amendment Regulations 2001, which similarly update the delegation of powers to an "SES employee" instead of an "Administrative Service Officer Class 8"; and the Weapons of Mass Destruction Amendment Regulations 2001, which revise the delegation of powers to an "SES employee in the Department" or an "APS employee with the classification of Executive Level 2 or equivalent" rather than a "Senior Executive Officer", "an officer of the Department", or a "Senior Grade A or B". These amendments aim to ensure the continued effectiveness and relevance of Defence regulations in light of legislative changes.

Scope and Application

The Weapons of Mass Destruction Amendment Regulations 2001 (No. 1) are subordinate legislation that amends specific Defence regulations to modernise their provisions relating to the delegation of powers, as necessitated by changes in public service terminology under the Public Service Act 1999. These regulations apply to the Defence (Areas Control) Regulations 1989, the Army and Air Force Canteen Service Regulations 1959, and the Weapons of Mass Destruction Regulations 1995, all of which are made under the Defence Act 1903 and the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 respectively. The amendments reflect the updated titles of Australian Public Service officers and employees to whom powers have been delegated. For example, the Defence (Areas Control) Amendment Regulations 2001 allow the Minister to delegate powers to an "SES employee" instead of a "Senior Officer Grade A". These regulations are intended to ensure that the delegation of powers remains effective and aligned with current public service structures. The Regulations commenced upon Gazettal, and their jurisdictional reach is limited to the Commonwealth of Australia.

Key Provisions

The Weapons of Mass Destruction Amendment Regulations 2001 (No. 1) and related amendments to the Defence (Areas Control) Amendment Regulations 2001 and Army and Air Force Canteen Service Amendment Regulations 2001 have been enacted to align with the terminology changes introduced by the Public Service Act 1999. These Regulations primarily focus on updating references to public service officer titles within existing Defence and Weapons of Mass Destruction Regulations. Section 124 of the Defence Act 1903 and section 21 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 empower the Governor-General to make Regulations necessary for giving effect to these Acts. The key operative sections include the amendments to the Defence (Areas Control) Regulations 1989, Army and Air Force Canteen Service Regulations 1959, and Weapons of Mass Destruction Regulations 1995. These Regulations impose obligations on the parties and entities they govern by modernising the delegation of powers within the relevant Defence and Weapons of Mass Destruction frameworks. Specifically, they update references to titles of Australian Public Service (APS) officers and employees to reflect current terminology, ensuring that the delegation provisions remain relevant and consistent with modern public service nomenclature. For instance, the Defence (Areas Control) Amendment Regulations 2001 update the title from "Senior Officer Grade A" to "SES employee" in paragraph 19(1)(b) of the Defence (Areas Control) Regulations 1989. Similarly, the Army and Air Force Canteen Service Amendment Regulations 2001 change the title from "Administrative Service Officer Class 8" to "SES employee" in paragraph 34(1)(d) of the Army and Air Force Canteen Service Regulations 1959. The Weapons of Mass Destruction Amendment Regulations 2001 revise the titles in paragraphs 12(a) and 12(b) of the Weapons of Mass Destruction Regulations 1995, updating them from "Senior Executive Officer" and others to "SES employee in the Department" or "APS employee in the Department with the classification of Executive Level 2, or an equivalent classification". There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of these Regulations. The Regulations are primarily administrative in nature, focusing on updating and clarifying the delegation of powers to ensure they align with current public service terminology. The changes are intended to maintain the effectiveness and relevance of the Defence and Weapons of Mass Destruction legislative frameworks without introducing new enforcement measures or penalties. The Regulations came into effect upon their gazettal, ensuring that the relevant authorities can continue to operate within the updated framework without interruption.