Federal Register of Legislation - Australian Government

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Defence Force Regulations

SR 1952 No. 29 Regulations as amended, taking into account amendments up to SR 1996 No. 177
Registered 25 Mar 2010
Start Date 21 Aug 1996
End Date 11 Mar 1997
Date of repeal 01 Oct 2016
Repealed by Defence Regulation 2016

DEFENCE FORCE REGULATIONS
(#DATE 09:09:1996)

- In force under the Defence Act 1903
- Updated as at 9 September 1996
*1* The Defence Force Regulations (in force under the Defence Act 1903) as shown in this reprint comprise Statutory Rules 1952 No. 29 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1952 No. 29 24 Apr 1952 24 Apr 1952
1953 No. 61 25 June 1953 25 June 1953 -
62 25 June 1953 25 June 1953 -
1958 No. 38 12 June 1958 12 June 1958 -
1963 No. 133 13 Dec 1963 15 Dec 1963 (see r. 1 and Gazette
1963, p. 4577)
-
1968 No. 14 29 Feb 1968 29 Feb 1968 -
1976 No. 52 6 Feb 1976 9 Feb 1976 -
106 1 June 1976 1 June 1976 -
1980 No. 95 9 May 1980 9 May 1980 -
244 27 Aug 1980 8 Sept 1980 -
1981 No. 177 30 June 1981 30 June 1981 -
352 9 Dec 1981 9 Dec 1981 -
1982 No. 271 20 Oct 1982 20 Oct 1982 -
1983 No. 129 5 Aug 1983 15 Aug 1983 -
1984 No. 392 5 Dec 1984 5 Dec 1984 -
1985 No. 88 7 June 1985 1 July 1985 -
118 20 June 1985 3 July 1985 -
131 28 June 1985 3 July 1985 R. 3
156 1 July 1985 3 July 1985 -
235 27 Sept 1985 1 Oct 1985 -
331 12 Dec 1985 12 Dec 1985 -
1986 No. 101 23 May 1986 23 May 1986 -
1987 No. 113 15 June 1987 15 June 1987 -
1988 No. 58 29 Apr 1988 29 Apr 1988 -
89 25 May 1988 25 May 1988 -
321 2 Dec 1988 2 Dec 1988 -
322 2 Dec 1988 2 Dec 1988 -
1989 No. 203 7 Aug 1989 1 Sept 1989 (see r. 1 and Gazette
1989 No. S268)
-
275 19 Oct 1989 19 Oct 1989 -
290 31 Oct 1989 31 Oct 1989 -
302 13 Nov 1989 13 Nov 1989 -
1990 No. 92 23 May 1990 23 May 1990 -
1995 No. 51 29 Mar 1995 4 June 1992 -
69 11 Apr 1995 11 Apr 1995 -
1996 No. 177 21 Aug 1996 Rr. 4 and 7: 21 Aug 1996
Remainder: (see (a) and Note 2)
-
(a) The Statutary Rules 1952 No. 29 was amended by 1996 No. 177, section 2 of which provides as follows:
"2. This Regulation commences on 1 December 1996.
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2
am. 1953 No. 61
rep. 1976 No. 52
R. 3
am. 1968 No. 14; 1976 No. 52; 1980 No. 244;
1983 No. 129
R. 3A
ad. 1976 No. 52
am. 1976 No. 106; 1982 No. 271
Heading to Part II
am. 1985 No. 118
R. 4
am. 1976 No. 52; 1980 No. 244; 1984 No. 392
R. 5
am. 1958 No. 38; 1976 No. 52
rs. 1980 No. 244
am. 1985 No. 118
Rr. 6, 7
am. 1953 No. 62; 1958 No. 38; 1976 No. 52
rs. 1980 No. 244
am. 1985 No. 118
R. 8
am. 1958 No. 38; 1976 No. 52
rs. 1980 No. 244
am. 1985 No. 118; 1996 No. 177
R. 9
am. 1976 No. 52; 1984 No. 392
R. 10
am. 1976 No. 52; 1980 No. 244
R. 11
am. 1976 No. 52
Part III (rr. 12-14)
rep. 1963 No. 133
Part III (rr. 12, 13)
ad. 1976 No. 52
Rr. 12, 13
rep. 1963 No. 133
ad. 1976 No. 52
R. 14
rep. 1963 No. 133
R. 15
am. 1968 No. 14
R. 17
am. 1976 No. 52; 1981 No. 177
R. 19
am. 1976 No. 52; 1981 No. 177
R. 20
am. 1968 No. 14
R. 21
am. 1968 No. 14; 1976 No. 52
Rr. 23, 24
am. 1976 No. 52
R. 25
am. 1976 No. 52; 1980 No. 244
R. 26
am. 1976 No. 52
Rr. 28, 29
am. 1976 No. 52
R. 31
rs. 1953 No. 62
am. 1976 No. 52; 1988 No. 322
Part VII (rr. 32-38)
rep. 1953 No. 61
ad. 1976 No. 52
R. 32
rep. 1953 No. 61
ad. 1976 No. 52
am. 1980 No. 244; 1981 Nos. 177 and 352; 1988
No. 58
Rr. 33, 34
rep. 1953 No. 61
ad. 1976 No. 52
am. 1980 No. 244
R. 35
rep. 1953 No. 61
ad. 1976 No. 52
R. 36
rep. 1953 No. 61
ad. 1976 No. 52
am. 1980 No. 244
Rr. 37, 38
rep. 1953 No. 61
ad. 1976 No. 52
R. 38A
ad. 1981 No. 352
Part VIII (rr. 39, 40)
ad. 1980 No. 244
R. 39
ad. 1980 No. 244
am. 1985 No. 118
R. 40
ad. 1980 No. 244
Part IX (rr. 41-43)
ad. 1980 No. 95
Rr. 41-43
ad. 1980 No. 95
Part IXA (r. 43A)
ad. 1989 No. 203
R. 43A
ad. 1989 No. 203
Part X (rr. 44-47)
ad. 1983 No. 129
R. 44
ad. 1983 No. 129
am. 1985 No. 331
R. 45
ad. 1983 No. 129
R. 46
ad. 1983 No. 129
am. 1985 No. 118
R. 47
ad. 1983 No. 129
Part XI (rr. 48-57)
ad. 1985 No. 88
Rr. 48, 49
ad. 1985 No. 88
am. 1989 No. 290
R. 50
ad. 1985 No. 88
am. 1987 No. 113
Rr. 51, 52
ad. 1985 No. 88
am. 1989 No. 290
R. 53
ad. 1985 No. 88
am. 1989 No. 290; 1990 No. 92
Rr. 54-56
ad. 1985 No. 88
am. 1990 No. 92
R. 57
ad. 1985 No. 88
am. 1987 No. 113
R. 57A
ad. 1987 No. 113
R. 57B
ad. 1987 No. 113
am. 1989 No. 290
R. 57C
ad. 1987 No. 113
Part XII (r. 58)
ad. 1985 No. 88
R. 58
ad. 1985 No. 88
Part XIII (rr. 59-72)
ad. 1985 No. 131
Rr. 59-62
ad. 1985 No. 131
R. 63
ad. 1985 No. 131
am. 1988 No. 89
Rr. 64-67
ad. 1985 No. 131
R. 68
ad. 1985 No. 131
am. 1986 No. 101; 1995 No. 51
Rr. 69-72
ad. 1985 No. 131
Part XIIIA (r. 72A)
ad. 1988 No. 321
R. 72A
ad. 1988 No. 321
am. 1996 No. 177
Part XIV (r. 73)
ad. 1985 No. 131
R. 73
ad. 1985 No. 131
Part XV (rr. 74-82)
ad. 1985 No. 156
Rr. 74, 75
ad. 1985 No. 156
Rr. 76, 77
ad. 1985 No. 156
rs. 1995 No. 69
R. 78
ad. 1985 No. 156
rep. 1995 No. 69
R. 79
ad. 1985 No. 156
am. 1995 No. 69
R. 80
ad. 1985 No. 156
R. 81
ad. 1985 No. 156
am. 1995 No. 69
R. 82
ad. 1985 No. 156
am. 1989 No. 302
Heading to Part XVI
am. 1989 No. 275
Part XVI (r. 83)
ad. 1985 No. 235
Heading to Part XVI
am. 1989 No. 275
R. 83
ad. 1985 No. 235
R. 84
ad. 1989 No. 275
Schedule
ad. 1983 No. 129
#ADD 1:10:1996

DEFENCE FORCE REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
PART I-PRELIMINARY
1. Citation
3. Interpretation
3A. Delegations
PART II-COMMAND OF FORCES ACTING TOGETHER
4. Joint orders
5. Powers of Navy or Army officers etc. when acting with
Air Force
6. Powers of Navy or Air Force officers etc. when acting
with Army
7. Powers of Army or Air Force officers etc. when acting
with Navy
8. Corresponding ranks
9. Delegation of power to make joint order
10. Joint orders by officers in command
11. Orders and delegations not to lapse
PART III-COUNCIL OF DEFENCE
12. Council of Defence-function
13. Meeting of Council of Defence
PART IV-ADMINISTRATION OF OATHS ETC.
15. Interpretation
16. Administration of oaths etc.
17. Validity of administration of oaths etc.
18. Particulars in jurat
19. Compliance with form provided by Commonwealth, State or
Territory law sufficient
20. Affidavit admissable in evidence without proof of rank
of officer administering it etc.
21. Penalty for false statements
PART V-POWERS OF ATTORNEY
22. Interpretation
23. Powers of attorney executed by members of the Defence
Force under twenty-one years
24. Attorney's power limited
25. Effect of revocation etc.
PART VI-DISPOSAL OF DEAD BODIES OF MEMBERS
OF THE DEFENCE FORCE
26. Definitions
27. Disposal of dead bodies of members of the Defence Force
28. State law not to apply
29. Post mortems and certificates of death
30. Persons to furnish particulars on request
31. War graves
PART VII-DEFENCE AREAS
32. Interpretation-Part VII
33. Regulations to bind the Crown
34. Entry upon and use of land
35. Prohibited Areas
36. Compensation
37. Smoking etc. in protected place
38. Canteens
38A. Transport etc. in the Woomera Area
PART VIII-ATTACHMENT OF MEMBERS
39. Attachment of members
40. Delegation by a chief of staff
PART IX-DISPOSAL OF UNCLAIMED PROPERTY
41. Disposal of unclaimed property held in the custody or
control of the Commonwealth
42. Proceeds of sale to be paid into Trust Fund
43. Owner may apply for proceeds of sale
PART IXA-SALVAGE CLAIMS
43A. Apportionment of salvage amongst crew members
PART X-VISITING FORCES
44. Declaration of countries to which Part IXA of the Act
applies
45. Form of warrant
46. Sentences imposed by service tribunals of other countries
47. Evidence of facts by certificate
PART XI-DEFENCE PRACTICE AREAS
48. Interpretation of Part XI
49. Declaration of defence practice area
50. Tabling and disapproval of declarations
51. Authorisation to carry out a defence operation or
practice
52. Notice to public of operation or practice
53. Prohibition of being in a defence practice area
54. Removal from defence practice area
55. Duties etc. of authorized officers
56. Obstruction etc. of member of Defence Force etc.
57. Compensation for loss, injury or damage
57A. Review of decisions: compensation
57B. Delegation by Secretary or chief of staff
57C. Other defence operations and practices
PART XII-SURVEYS
58. Authority to enter land
PART XIIA-(regulations 58A-58G)
(Not in operation see Note 2)
PART XIII-SUSPENSION AND FORFEITURE
OF SALARY AND ALLOWANCES
59. Interpretation
60. Suspension of salary and allowances
61. Certificate of commanding officer
62. Effect of suspension
63. Cessation of suspension: absence without leave
64. Cessation of suspension-civil custody
65. Forfeiture of salary and allowances-absence without leave
66. Forfeiture of salary and allowances-civil custody
67. Forfeiture of salary and allowances-imprisonment
68. Forfeiture of salary and allowances-detention under
service law
69. Conviction quashed or set aside
70. Death of a member during suspension
71. Review of decisions
72. Recovery of forfeited amounts
PART XIIIA-DELEGATIONS BY THE MINISTER
72A. Delegations of power to make determinations
PART XIV-PAYMENT OF FINES
73. Re-imbursement of the Commonwealth
PART XV-REDRESS OF GRIEVANCES
74. Interpretation
75. Making of complaint
76. Referral of complaint
77. Investigating and reporting outcome of complaint
79. Further referral of officers' complaints
80. Offences in relation to complaints
81. Delegations
82. Grievances to which this Part does not apply
PART XVI-MISCELLANEOUS
83. Administration fee: deduction from salary
84. Body corporate declared for the purposes of subsection
123 (2) of the Act
SCHEDULE
WARRANT FOR THE APPREHENSION OF AN ABSENTEE
WITHOUT LEAVE
SCHEDULE 2
(Not in operation-see Note 2)

DEFENCE FORCE REGULATIONS - PART I
PART I-PRELIMINARY

DEFENCE FORCE REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Defence Force Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DEFENCE FORCE REGULATIONS - REG 3
Interpretation

3. (1) In these Regulations, unless the contrary intention appears:
"affidavit" includes an affirmation, statutory or other declaration, acknowledgment or examination;
"oath" includes an affirmation or declaration;
"sworn" includes affirmed or declared;
"the Act" means the Defence Act 1903.


(2) In these Regulations, a term used in relation to the Navy, the Army or the Air Force has the same meaning as in the Naval Forces Regulations, the Australian Military Regulations or the Air Force Regulations, as the case may be.

DEFENCE FORCE REGULATIONS - REG 3A
Delegations

3A.*2* (1) The Minister may, by writing signed by him, delegate to:
(a) an officer of the Navy who holds a rank not below the rank of Commodore;
(b) an officer of the Army who holds a rank not below the rank of Brigadier;
(c) an officer of the Air Force who holds a rank not below the rank of Air Commodore; or
(d) a person for the time being holding or performing the duties of an office in the Australian Public Service the minimum rate of salary for which exceeds the maximum rate of salary for an office of Clerk, Class 11, in that Service;
any of his powers or functions under these Regulations other than this power of delegation.


(2) A delegation under subregulation (1) shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister. *2* The Defence Force Regulations were amended by Statutory Rules 1996 No. 177, regulation 1.1 of which provides as follows:
"1.1 These Regulations (except regulations 4 and 7) commence on 1 December 1996."
As at 9 September 1996 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACTS FROM DEFENCE FORCE REGULATIONS (AMENDMENTS)."

DEFENCE FORCE REGULATIONS - PART II
PART II-COMMAND OF FORCES ACTING TOGETHER

DEFENCE FORCE REGULATIONS - REG 4
Joint orders

4. When a member or part of the Navy, a member or part of the Army and a member or part of the Air Force, or a member or part of one of those arms of the Defence Force and a member or part of another of those arms of the Defence Force, are acting together, the Chief of the Defence Force may make an order declaring that the members or parts are acting together.

DEFENCE FORCE REGULATIONS - REG 5
Powers of Navy or Army officers etc. when acting with Air Force

5. When:
(a) a member or part of the Navy and a member or part of the Army; or
(b) a member or part of either of those arms of the Defence Force;
are or is acting together with a member or part of the Air Force under an order made pursuant to this Part:
(c) an officer, or a sailor holding the rank of leading seaman or a higher rank, in the Navy who is so acting, or who is a member of the part of the Navy so acting; or
(d) an officer, warrant officer or non-commissioned officer in the Army who is so acting, or who is a member of the part of the Army so acting;
shall be entitled to exercise powers of command in relation to that member or part of the Air Force as if he held in the Air Force a rank that is a corresponding rank in relation to the rank held by him in the Navy or the Army.

DEFENCE FORCE REGULATIONS - REG 6
Powers of Navy or Air Force officers etc. when acting with Army

6. When:
(a) a member or part of the Navy and a member or part of the Air Force; or
(b) a member or part of either of those arms of the Defence Force;
are or is acting together with a member or part of the Army under an order made pursuant to this Part:
(c) an officer, or a sailor holding the rank of leading seaman or a higher rank, in the Navy who is so acting, or who is a member of the part of the Navy so acting; or
(d) an officer, warrant officer or non-commissioned officer in the Air Force who is so acting, or who is a member of the part of the Air Force so acting;
shall be entitled to exercise powers of command in relation to that member or part of the Army as if he held in the Army a rank that is a corresponding rank in relation to the rank held by him in the Navy or the Air Force.

DEFENCE FORCE REGULATIONS - REG 7
Powers of Army or Air Force officers etc. when acting with Navy

7. When:
(a) a member or part of the Army and a member or part of the Air Force; or
(b) a member or part of either of those arms of the Defence Force;
are or is acting together with a member or part of the Navy under an order made pursuant to this Part:
(c) an officer, warrant officer or non-commissioned officer in the Army who is so acting, or who is a member of the part of the Army so acting; or
(d) an officer, warrant officer or non-commissioned officer in the Air Force who is so acting, or who is a member of the part of the Air Force so acting;
shall be entitled to exercise powers of command in relation to that member or part of the Navy as if he held in the Navy a rank that is a corresponding rank in relation to the rank held by him in the Army or the Air Force.

DEFENCE FORCE REGULATIONS - REG 8
Corresponding ranks

8. (1) For the purposes of these Regulations, a rank specified in an item in the following table is a corresponding rank in relation to any other rank specified in that item:
Column 1 Column 2 Column 3 Column 4
Item No. Navy Army Air Force
1 Admiral of the Fleet
Field Marshal
Marshal of the Royal
Australian Air Force
2 Admiral General Air Chief Marshal
3 Vice-Admiral
Lieutenant-General
Air Marshal
4 Rear-Admiral
Major-General
Air Vice-Marshal
5 Commodore Brigadier Air Commodore
6 Captain Colonel Group Captain
7 Commander Lieutenant-Colonel
Wing Commander
8 Lieutenant-Commander
Major Squadron Leader
9 Lieutenant Captain Flight Lieutenant
10 Sub-Lieutenant
Lieutenant Flying Officer
11 Acting Sub-Lieutenant
Second Lieutenant
Pilot Officer
12 Midshipman Officer Cadet
Officer Cadet
13 Warrant Officer
Warrant Officer, Class 1
Warrant Officer
14 Chief Petty Officer
Warrant Officer, Class 2
Flight Sergeant
15 Staff Sergeant
16 Petty Officer
Sergeant Sergeant
17 Leading Seaman
Corporal Corporal
18 Lance Corporal
19 Able Seaman Leading Aircraftman
20 Seaman Private Aircraftman


(2) Any reference in an item in the table in subregulation (1) to a rank in an arm of the Defence Force shall be read as including a reference to any other rank, in the same arm of the Defence Force, not specified in that table, that under the law governing that arm of the Defence Force is equivalent to the rank specified in that item.

DEFENCE FORCE REGULATIONS - REG 9
Delegation of power to make joint order

9. (1) The Chief of the Defence Force may, by instrument, delegate to any person, either generally or in relation to a particular locality specified in the instrument of delegation, the power conferred upon him by this Part, so that the delegated power may be exercised, either generally or in relation to that locality, as the case may be, as fully and effectually by the delegate as by the delegant.


(2) A delegation under this regulation is revocable at will and does not prevent the exercise by the delegant of the delegated power.

DEFENCE FORCE REGULATIONS - REG 10
Joint orders by officers in command

10. (1) When a member or part of the Navy, a member or part of the Army and a member or part of the Air Force, or a member or part of one of those arms of the Defence Force and a member or part of another of those arms of the Defence Force, are acting together, and reference to the appropriate authorities or persons empowered under the preceding provisions of this Part to make an order declaring that the members or parts are so acting would occasion undue delay, the respective officers in command of each member or part of the arms of the Defence Force may make that order if:
(a) in the case of a body of the Navy, the officer in command of that body is not below the rank of Lieutenant-Commander;
(b) in the case of a body of the Army the officer in command of that body is not below the rank of Major; and
(c) in the case of a body of the Air Force, the officer in command of that body is not below the rank of Squadron-Leader.


(2) Where an officer makes an order under this regulation, he shall report the fact and the circumstances to the appropriate authority or his delegate, as the case requires, who may confirm, cancel or vary the order.

DEFENCE FORCE REGULATIONS - REG 11
Orders and delegations not to lapse

11. An order or a delegation made under this Part does not lapse or become ineffective by reason only that a person who made, or participated in making, the joint order or the delegation has ceased to hold an office by the authority of which he made, or participated in making, the joint order or the delegation.

DEFENCE FORCE REGULATIONS - PART III
PART III-COUNCIL OF DEFENCE

DEFENCE FORCE REGULATIONS - REG 12
Council of Defence-function

12. The function of the Council of Defence constituted under subsection 28 (1) of the Act is to consider and discuss matters relating to the control and administration of the Defence Force, and of the respective arms of the Defence Force, referred to the Council by the Minister.

DEFENCE FORCE REGULATIONS - REG 13
Meeting of Council of Defence

13. (1) Subject to subregulation (2), the Council of Defence shall meet only at such times as the Minister directs.


(2) The Council of Defence shall meet at least 4 times in each year.

DEFENCE FORCE REGULATIONS - PART IV
PART IV-ADMINISTRATION OF OATHS ETC.

DEFENCE FORCE REGULATIONS - REG 15
Interpretation

15. (1) In this Part, unless the contrary intention appears:
"competent officer" means:
(a) an officer:
(i) of the Defence Force;
(ii) of the naval, military or air force of the United Kingdom,
Canada or New Zealand; or
(iii) of the naval, military or air force of a country
determined by the Minister by notice published in the Gazette;
who holds a rank, or a rank equivalent to a rank, not below:
(iv) in the case of a Naval officer-Lieutenant;
(v) in the case of a Military officer-Captain; or
(vi) in the case of an Air Force officer-Flight Lieutenant;
(b) an air force officer who holds a rank below that of Flight Lieutenant while he is in charge of a unit or detachment of the Royal Australian Air Force; and
(c) in relation to a member of the Defence Force who is a prisoner of war or interned in a place outside Australia, a person who is a British subject and is, for the time being, the official representative of prisoners of war or other persons detained or interned in that place.


(2) For the purposes of this Part:
(a) a reference to a member of the Defence Force includes a reference to a person who, not being a member of the Defence Force, accompanies a part of the Defence Force; and
(b) a reference to a member of the Defence Force on service outside Australia includes a reference to a member of that Force who is a prisoner of war or interned in a place outside Australia.

DEFENCE FORCE REGULATIONS - REG 16
Administration of oaths etc.

16. A competent officer may administer oaths to, take affidavits of, and attest the execution of documents by a member of the Defence Force while on service outside Australia.

DEFENCE FORCE REGULATIONS - REG 17
Validity of administration of oaths etc.

17. The administration of an oath, the taking of an affidavit or the attestation of the execution of a document by a competent officer in pursuance of this Part is valid and effectual for the purposes of a matter arising in or under a law of the Commonwealth or of a State or Territory.

DEFENCE FORCE REGULATIONS - REG 18
Particulars in jurat

18. (1) A competent officer who, in pursuance of this Part, administers an oath, takes an affidavit or attests the execution of a document, shall legibly write, type or stamp in the jurat or attestation of the document in respect of which the power is exercised, after his signature, his name and rank, and, in the case of an officer of an air force below the rank of Flight Lieutenant, the fact that he is in charge of a unit or detachment of the Royal Australian Air Force.


(2) It is not necessary to state the place where the oath is administered, the affidavit is sworn or the document is attested.

DEFENCE FORCE REGULATIONS - REG 19
Compliance with form provided by Commonwealth, State or Territory law
sufficient

19. An affidavit or declaration sworn or made in pursuance of this Part is sufficient in law if it is substantially in accordance with the form provided by a law of the Commonwealth or of the State or Territory in which the affidavit or declaration is to be used.

DEFENCE FORCE REGULATIONS - REG 20
Affidavit admissable in evidence without proof of rank of officer
administering it etc.

20. Where a document purports to have subscribed to it the signature of a competent officer in testimony of the administration of an oath, the taking of an affidavit or the attestation of the execution of a document by him, it shall be admitted in evidence without proof:
(a) of the rank of the officer, of the force of which he is an officer and, in the case of an officer of an air force below the rank of Flight Lieutenant, of the fact that he was in charge of a unit or detachment of the Royal Australian Air Force;
(b) that the signature is that of the officer; or
(c) that the person to whom the oath was administered or by whom the affidavit was sworn or the document executed was, at the date of the swearing or execution, a member of the Defence Force.

DEFENCE FORCE REGULATIONS - REG 21
Penalty for false statements

21. Without affecting the liability of a person under any other law, a person shall not wilfully make a false statement in an affidavit or declaration sworn or made in pursuance of this Part.
Penalty: $40 or imprisonment for 3 months.

DEFENCE FORCE REGULATIONS - PART V
PART V-POWERS OF ATTORNEY

DEFENCE FORCE REGULATIONS - REG 22
Interpretation

22. For the purposes of this Part, a reference to a member of the Defence Force includes a reference to a person who, not being a member of the Defence Force, accompanies a part of the Defence Force.

DEFENCE FORCE REGULATIONS - REG 23
Powers of attorney executed by members of the Defence Force under twenty-one
years

23. A power of attorney executed, whether before or after the commencement of this regulation, by a person under the age of 21 years who was, at the time of the execution, a member of the Defence Force shall, after the commencement of this regulation or the execution of the power, whichever is the later, be and continue as valid and effectual, notwithstanding that that person may have ceased to be a member of the Defence Force, as if that person had, at the time of the execution of the power, been of the age of 21 years or more.

DEFENCE FORCE REGULATIONS - REG 24
Attorney's power limited

24. This Part does not enable an attorney of a person who has not attained the age of 21 years to do anything as the attorney of that person which that person could not validly do personally.

DEFENCE FORCE REGULATIONS - REG 25
Effect of revocation etc.

25. For the purposes of this Part:
(a) the revocation by a person under the age of 21 years of a power of attorney to which regulation 23 applies is as valid and effectual as if that person had, at the time of revocation, been of the age of 21 years or more; and
(b) a statutory declaration by the donee of a power, made in accordance with a law of the Commonwealth or of a State or Territory, that the donor of the power was, at the time of its execution a member of the Defence Force, is conclusive proof of the facts so declared in favour of a person dealing with the donee of the power in good faith.

DEFENCE FORCE REGULATIONS - PART VI
PART VI-DISPOSAL OF DEAD BODIES OF MEMBERS OF THE DEFENCE FORCE

DEFENCE FORCE REGULATIONS - REG 26
Definitions

26. (1) In this Part, unless the contrary intention appears:
"body" includes a part of a body;
"Registrar of Deaths", in relation to a State or Territory, means a person or authority charged under the law of that State or Territory with the duty of registering deaths.


(2) For the purposes of this Part, unless the contrary intention appears:
(a) a reference to a member of the Defence Force includes a reference to a person who, not being a member of the Defence Force, accompanies a part of the Defence Force;
(b) a reference to a member of the Defence Force on service includes a reference to a member of that Force on service outside Australia; and
(c) a member of the Defence Force shall be deemed to be on service outside Australia while he is a prisoner of war or interned in a place outside Australia.

DEFENCE FORCE REGULATIONS - REG 27
Disposal of dead bodies of members of the Defence Force

27. A commissioned officer of the Defence Force may, subject to any direction of the Minister, give such directions for the disposal of the body of a member of the Defence Force who died while on service as he thinks fit.

DEFENCE FORCE REGULATIONS - REG 28
State law not to apply

28. A law of a State or Territory relating to coroners or the registration of deaths does not apply in relation to a body with respect to which directions for disposal are given under this Part or in relation to the death of a member of the Defence Force with respect to whose body such directions are given.

DEFENCE FORCE REGULATIONS - REG 29
Post mortems and certificates of death

29. (1) Notwithstanding anything contained in a law of a State or Territory, a commissioned medical officer of the Defence Force, who is a duly qualified medical practitioner according to a law of a State or Territory, may:
(a) if requested so to do by a coroner or deputy coroner of a State or Territory, perform in that State or Territory a post mortem examination of the body of a member of the Defence Force who died while on service; and
(b) sign a certificate of death in respect of the death of a member of the Defence Force who died while on service.


(2) A certificate of death so signed, and containing a statement that the deceased person was a member of the Defence Force who died while on service, is of the same force and effect as a certificate signed by a duly qualified medical practitioner of the State or Territory in which the death occurred.

DEFENCE FORCE REGULATIONS - REG 30
Persons to furnish particulars on request

30. At the request of the Minister or of a Registrar of Deaths, a person shall furnish to the Registrar of Deaths specified by the Minister in the request or to the Registrar making the request, as the case may be, such particulars as are known to, or can reasonably be ascertained by, that person of the identity of a member of the Defence Force with respect to whose body directions are given under this Part.

DEFENCE FORCE REGULATIONS - REG 31
War graves

31. Notwithstanding the provisions of a law of a State or a Territory, the Director of War Graves, or an officer of the Defence Force in charge of a unit specifically raised for the purpose of the registration of, or inquiries concerning, the graves of deceased members of the Defence Force:
(a) may establish or cause to be established such cemeteries as are required for the burial of bodies of persons who have died while on service as members of the Defence Force or as a result of service as members of the Defence Force;
(b) may authorize and direct the exhumation and the reinterment, cremation or other disposal of the body of a member of the Defence Force who has died while on service; and
(c) may enter a cemetery and inspect, maintain or execute any work in connexion with the grave of a person who has died while on service as a member of the Defence Force or as a result of service as a member of the Defence Force or authorize any other person or persons to enter a cemetery and inspect, maintain or execute any work in connexion with such a grave.

DEFENCE FORCE REGULATIONS - PART VII
PART VII-DEFENCE AREAS

DEFENCE FORCE REGULATIONS - REG 32
Interpretation-Part VII

32. In this Part:
"Australian Government officer" means a person holding office under an Act of the Parliament of, or employed by, the Commonwealth, and includes:
(a) a person permanently or temporarily employed in the Australian Public Service or the Public Service of a Territory or in the service of an Australian public authority;
(b) a member of the Defence Force; and
(c) a member or special member of the Australian Federal Police;
"Australian public authority" means a body corporate (not being an incorporated company, society or association) incorporated for a public purpose by or under a law of the Commonwealth or of a Territory;
"constable" means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory;
"undertaking" means a work of defence;
"war material" means goods for use for Defence purposes and includes goods being developed for use for defence purposes or being tested for use, or the use of similar goods, for defence purposes;
"Woomera Area" means the place situated in the State of South Australia known as the Woomera Prohibited Area that is a prohibited area for the purposes of regulation 35.

DEFENCE FORCE REGULATIONS - REG 33
Regulations to bind the Crown

33. Regulations 34 and 35 bind the Crown in right of the Commonwealth or of a State.

DEFENCE FORCE REGULATIONS - REG 34
Entry upon and use of land

34. The Minister may authorize entry upon, and the use on behalf of the Commonwealth of, any area of land or water, being an area in which it is necessary or expedient in the interests of the safety or defence of Australia to carry out operations for the testing of war material, for the purpose of carrying out such operations.

DEFENCE FORCE REGULATIONS - REG 35
Prohibited Areas

35. (1) The Minister may, by notice published in the Gazette, declare a place to be a prohibited area for the purposes of this regulation.


(2) The Minister shall not declare a place to be a prohibited area unless:
(a) it is an undertaking; or
(b) it is a place in which it is necessary or expedient in the interests of the safety or defence of Australia:
(i) to carry out operations for the testing of war material;
and
(ii) that special precautions be taken to prevent the entry of
unauthorized persons into that place.


(3) A person shall not enter, be in or remain in a prohibited area except with the permission of an authority or person authorized by the Minister to give such permission.
Penalty: $100 or imprisonment for 3 months, or both.


(4) Permission under subregulation (3) may be given subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets, and the person to whom the permission is given shall comply with and observe every such condition which is applicable to him.
Penalty: $100 or imprisonment for 3 months, or both.


(5) A person who enters, is in or remains in a prohibited area in contravention of subregulation (3) or who fails to comply with or observe any condition which is applicable to him under subregulation (4) may, without prejudice to any proceedings which may be taken against him, be removed from the prohibited area by or under direction of a constable, an Australian Government officer or a person authorized by the Minister to do so.

DEFENCE FORCE REGULATIONS - REG 36
Compensation

36. Where:
(a) any person suffers loss or damage by reason of anything done in pursuance of regulation 34 in relation to any land or water in which he has any legal or equitable interest; or
(b) by reason of the operation of regulation 35 a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss or damage;
the Commonwealth shall be liable to pay to him such compensation as is determined by agreement between him and the Minister or, in the absence of agreement, by action by him against the Commonwealth in a court of competent jurisdiction.

DEFENCE FORCE REGULATIONS - REG 37
Smoking etc. in protected place

37. (1) A person shall not, without permission by the officer-in-charge:
(a) smoke, strike a match, light a fire or in any way procure a naked light or flame; or
(b) be in possession of tobacco, matches, a flame lighter, a candle, a lamp or other material capable of being used for smoking or for procuring a naked light or flame;
in a protected place.
Penalty: $100 or imprisonment for 3 months, or both.


(2) In subregulation (1):
"officer-in-charge" means, in relation to an undertaking, the person appointed to be in charge of the undertaking;
"protected place" means an undertaking or part of an undertaking which is declared by the officer-in-charge, by notice in writing, to be a protected place for the purpose of this regulation, and on which there is prominently displayed a notice to that effect.

DEFENCE FORCE REGULATIONS - REG 38
Canteens

38. (1) The Minister may establish, or authorize the establishment of, a canteen for the use of persons performing duties in, or employed in or in connexion with, an undertaking in the Woomera Area and may authorize the sale or supply of intoxicating liquor at such a canteen upon such terms and conditions as are specified by him.


(2) It is lawful for a person to sell or supply intoxicating liquor in pursuance of an authority by the Minister under subregulation (1).

DEFENCE FORCE REGULATIONS - REG 38A
Transport etc. in the Woomera Area

38A. (1) A person authorized by the Minister to act under this regulation may give a direction or authority to a person (whether a member of the Defence Force or not) who is performing duties or is employed in or in connection with an undertaking established in the Woomera Area with respect to the transport, handling, storage, testing or use, in that area for the purposes of such an undertaking, of weapons, explosives, vehicles or other war material.


(2) A direction or authority under subregulation (1) may be given to a particular person, to particular persons or to the persons included in a class of persons.


(3) It is lawful for a person to whom a direction or authority under subregulation (1) is given to comply with the direction or exercise the authority.

DEFENCE FORCE REGULATIONS - PART VIII
PART VIII-ATTACHMENT OF MEMBERS

DEFENCE FORCE REGULATIONS - REG 39
Attachment of members

39. (1) The chief of staff of an arm of the Defence Force may, by instrument in writing, place a member of that arm at the disposal of the chief of staff of another arm of the Defence Force in order that that member may be attached to that other arm by the last-mentioned chief of staff.


(2) The chief of staff of an arm of the Defence Force may, by instrument in writing, attach to that arm a member of another arm of the Defence Force who has been placed at his disposal in accordance with subregulation (1).


(3) Subject to subregulation (4), a member attached to an arm of the Defence Force under subregulation (2) has the same powers of command, and is subject to command, as if he were a member of that arm holding a rank, and having seniority in that rank, corresponding to his rank and seniority in the arm of the Defence Force of which he is a member.


(4) A member referred to in subregulation (2) does not by reason only of his being attached as provided by that subregulation cease to be subject to the law governing the arm of the Defence Force of which he is a member.

DEFENCE FORCE REGULATIONS - REG 40
Delegation by a chief of staff

40. (1) A chief of staff may by writing signed by him delegate, either generally or otherwise as provided in the instrument of delegation, to:
(a) in the case of the Chief of Naval Staff-an officer who holds a rank in the Navy not below the rank of Lieutenant-Commander;
(b) in the case of the Chief of the General Staff-an officer who holds a rank in the Army not below the rank of Major; or
(c) in the case of the Chief of the Air Staff-an officer who holds a rank in the Air Force not below the rank of Squadron Leader;
any of his powers under regulation 39.


(2) A power delegated under this regulation, when exercised by the delegate, shall, for the purposes of regulation 39, be deemed to have been exercised by the chief of staff.


(3) A delegation under this regulation does not prevent the exercise of a power by the chief of staff.

DEFENCE FORCE REGULATIONS - PART IX
PART IX-DISPOSAL OF UNCLAIMED PROPERTY

DEFENCE FORCE REGULATIONS - REG 41
Disposal of unclaimed property held in the custody or control of the
Commonwealth

41. (1) Where:
(a) any personal property has been held in the custody or control of the Commonwealth in a Defence Force store or otherwise in a Defence Force establishment for over 6 months;
(b) there is no record of the ownership of that property; and
(c) a notice in accordance with the requirements specified in subregulation (4) has been published both in the Gazette and in a major metropolitan daily newspaper in the State or Territory where the property is located;
that property may be sold or:
(d) if the property is incapable of being sold;
(e) if the expenses of the sale of the property would exceed the sale price; or
(f) if in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property;
destroyed, by a person authorized by a chief of staff, after the expiration of the period of 3 months after the publication of that notice.


(2) Where:
(a) any personal property of a person who is or has been a member of the Defence Force has been held in the custody or control of the Commonwealth in a Defence Force store, or otherwise in a Defence Force establishment, for over 6 months;
(b) a reasonable effort has been made to trace the owner of that property; and
(c) a notice in accordance with the requirements specified in subregulation (4) has been published in both the Gazette and in a newspaper circulating in the locality last known to be the owner's whereabouts;
that property may be sold or:
(d) if the property is incapable of being sold;
(e) if the expenses of the sale of the property would exceed the sale price; or
(f) if in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property;
destroyed, by a person authorized by the chief of staff, after the expiration of the period of 3 months after the publication of that notice.


(3) Where:
(a) any personal property of a person who is or has been a member of the Defence Force is held in the custody or control of the Commonwealth in a Defence Force store or otherwise in a Defence Force establishment;
(b) the owner of the property and his current address are known; and
(c) a notice has been sent by certified mail to that address informing the owner:
(i) of the location of the property;
(ii) of the name of the person from whom the property can be
collected;
(iii) of the times at which the property can be collected; and
(iv) that failure by the owner to collect the property or to
supply an address to which the property can be forwarded would result in the property being sold or:
(A) if the property is incapable of being sold;
(B) the expenses of the sale of the property would exceed the
sale price; or
(C) in the opinion of a person authorized by a chief of staff
it would not be appropriate to sell the property;
destroyed, after the expiration of 30 days after the sending of that notice;
that property may be sold or:
(d) if the property is incapable of being sold;
(e) the expenses of the sale of the property would exceed the sale price; or
(f) in the opinion of a person authorized by a chief of staff it would not be appropriate to sell the property;
destroyed, by a person authorized by a chief of staff, after the expiration of 30 days after the sending of that notice.


(4) A notice that is published in the Gazette or a newspaper for the purposes of this regulation shall contain the following particulars:
(a) the location of the property to which it relates;
(b) a description sufficient to identify the property;
(c) where a claim for the property can be lodged;
(d) from whom the property can be recovered; and
(e) a statement to the effect that, should the property remain unclaimed, it would be sold or:
(i) if the property is incapable of being sold;
(ii) if the expenses of the sale of the property would exceed
the sale price; or
(iii) if in the opinion of a person authorized by a chief of
staff it would not be appropriate to sell the property;
destroyed, after the expiration of 3 months after the publication of that notice.

DEFENCE FORCE REGULATIONS - REG 42
Proceeds of sale to be paid into Trust Fund

42. The proceeds of a sale of unclaimed property under regulation 41, less the expenses incurred in connection with the sale, shall be paid into the Trust Fund kept under section 60 of the Audit Act 1901.

DEFENCE FORCE REGULATIONS - REG 43
Owner may apply for proceeds of sale

43. (1) A person may, within the period of 6 years after a sale under regulation 41, apply to the Minister for the proceeds of that sale.


(2) Where the Minister is satisfied that an applicant under subregulation (1) for the proceeds of a sale was the owner of the property disposed of at that sale, or is the person who would be entitled to the property had it not been disposed of at that sale, the Minister may authorize payment from the Trust Fund to that applicant of an amount equal to the amount paid into the Trust Fund in respect of the sale of that property.

DEFENCE FORCE REGULATIONS - PART IXA
PART IXA-SALVAGE CLAIMS

DEFENCE FORCE REGULATIONS - REG 43A
Apportionment of salvage amongst crew members

43A. (1) For the purposes of section 117AB of the Act, salvage payable shall, subject to subregulation (2), be apportioned amongst the members of the crew in accordance with the following table:
APPORTIONMENT OF SALVAGE
Rank Shares
Rear Admiral 28
Commodore 26
Captain 24
Commander 22
Lieutenant-Commander 20
Lieutenant 18
Warrant Officer 18
Sub-Lieutenant 16
Chief Petty Officer 16
Petty Officer 14
Leading Seaman 12
Able Seaman 10
Any other rank 10


(2) In determining the salvage payable to a crew member:
(a) the commanding officer of the naval ship shall receive the number of shares for his or her rank multiplied by 2;
(b) where the commanding officer recommends that extraordinary personal endeavour by a member of the crew warrants special recognition, the Chief of Naval Staff may authorise an increase in the member's number of shares by not more than 3; and
(c) the value of each share shall be ascertained by dividing the total amount of salvage available to be apportioned amongst the crew by the total number of shares.

DEFENCE FORCE REGULATIONS - PART X
PART X-VISITING FORCES

DEFENCE FORCE REGULATIONS - REG 44
Declaration of countries to which Part IXA of the Act applies

44. For the purposes of subsection 116A (2) of the Act, each of the following countries is declared to be a country in relation to which each provision of Part IXA of the Act applies:
Brunei;
Canada;
Fiji;
Malaysia;
New Zealand;
Papua New Guinea;
Republic of Singapore;
Thailand;
Tonga;
United Kingdom of Great Britain and Northern Ireland;
United States of America.

DEFENCE FORCE REGULATIONS - REG 45
Form of warrant

45.*2* The form in the Schedule is prescribed for the purposes of section 116F of the Act. *2* The Defence Force Regulations were amended by Statutory Rules 1996 No. 177, regulation 1.1 of which provides as follows:
"1.1 These Regulations (except regulations 4 and 7) commence on 1 December 1996."
As at 9 September 1996 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACTS FROM DEFENCE FORCE REGULATIONS (AMENDMENTS)."

DEFENCE FORCE REGULATIONS - REG 46
Sentences imposed by service tribunals of other countries

46. (1) Where:
(a) a member of the Defence Force is attached temporarily to the forces of a country in relation to which section 116B of the Act applies; and
(b) while he is so attached, a sentence is passed, or a punishment is imposed, on that member by a service tribunal of that country outside Australia;
the sentence or punishment is as valid and effectual, and, to the extent to which it has not been executed outside Australia, may be executed or enforced in Australia, as if it had been passed or imposed by a court-martial constituted under the Defence Force Discipline Act 1982.


(2) This regulation does not authorize the carrying into effect of a sentence of death passed on a member of the Defence Force by a service tribunal of a country in relation to which section 116B of the Act applies.

DEFENCE FORCE REGULATIONS - REG 47
Evidence of facts by certificate

47. For the purpose of legal proceedings within Australia, the Minister may, by writing under his hand, certify that:
(a) on a date specified in the certificate a person named in the certificate was a member of the Defence Force attached temporarily to the forces of a country specified in the certificate, being a country in relation to which section 116B of the Act applies;
(b) on that date a service tribunal specified in the certificate, being a service tribunal of that country, passed a sentence, or imposed a punishment, set out in the certificate on the person named in the certificate; and
(c) the sentence or punishment, or such part of it as is specified in the certificate, has not been executed or enforced;
and the certificate is, upon its production in those proceedings, sufficient evidence of the facts so certified, unless the contrary is proved.

DEFENCE FORCE REGULATIONS - PART XI
PART XI-DEFENCE PRACTICE AREAS

DEFENCE FORCE REGULATIONS - REG 48
Interpretation of Part XI

48. In this Part, unless the contrary intention appears:
"Commonwealth land" means land belonging to, or in the occupation of, the Commonwealth or a public authority under the Commonwealth but does not include land the subject of a lease from the Commonwealth unless that lease is subject to the condition that the land may be used by the Defence Force or an arm of the Defence Force for carrying out a defence operation or practice of a kind specified in a notice under subregulation 49 (1);
"constable" means a member of the police force of a State or Territory;
"defence operation or practice" means a naval or military, or an air force, operation or practice;
"defence practice area" means any area of land, sea or air declared by the Minister under regulation 49;
"equipment" includes structure;
"install" includes construct, maintain and place;
"private land" means land that is not Commonwealth land;
"public authority under the Commonwealth" means a body, not being an incorporated company or association, constituted by or under a law of the Commonwealth or a Territory.

DEFENCE FORCE REGULATIONS - REG 49
Declaration of defence practice area

49. (1) The Minister may, by notice published in the Gazette, declare any area of land, sea or air in or adjacent to Australia to be a defence practice area for carrying out a defence operation or practice of a kind specified in the notice.


(2) The Minister shall not make a declaration under subregulation (1) in respect of private land unless:
(a) the consent in writing of the occupier of the land has first been obtained; or
(b) it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out on that land a defence operation or practice of a kind specified in the notice without that consent.


(3) The Minister shall not, in a notice under subregulation (1), declare an area of sea or air to be a defence practice area unless it is an area of sea or air in which it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out a defence operation or practice of the kind specified in the notice.


(4) Where the Minister declares a defence practice area under subregulation (1), a chief of staff may from time to time, by notice published in the Gazette, authorise the installation, for a period not exceeding 2 years that is specified in the notice, of equipment for defence purposes:
(a) in an area of sea that is, or is part of, the defence practice area; or
(b) on the sea-bed or in the subsoil beneath that area; or
(c) in the superjacent waters.

DEFENCE FORCE REGULATIONS - REG 50
Tabling and disapproval of declarations

50. (1) Where private land is the subject of a declaration made under subregulation 49 (1), the Minister shall cause a copy of the declaration to be laid before each House of the Parliament within 15 sitting days of that House after the date on which the declaration was made.


(1A) If a copy of a declaration is not laid before each House of the Parliament in accordance with the provisions of subregulation (1), the declaration shall be void and of no effect.


(2) If either House of the Parliament, within 15 sitting days of that House after a copy of a declaration referred to in subregulation (1) has been laid before that House, passes a resolution disapproving of the declaration, then:
(a) if the declaration has not come into operation-it shall not come into operation; or
(b) if the declaration has come into operation-the declaration shall cease to have effect on the day on which the resolution is passed.

DEFENCE FORCE REGULATIONS - REG 51
Authorisation to carry out a defence operation or practice

51. (1) A chief of staff may, in writing, authorize the carrying out in a defence practice area, at a time specified in the instrument, of a defence operation or practice in which:
(a) members of the Defence Force;
(b) members of the armed forces of a country other than Australia; or
(c) members of the Defence Force and the armed forces of a country other than Australia;
are to take part.

DEFENCE FORCE REGULATIONS - REG 52
Notice to public of operation or practice

52. (1) Where, under subregulation 51 (1), a person authorizes the carrying out of a defence operation or practice, that person shall cause such notice of the operation or practice to be given as is reasonably required for the protection of persons or property that may be affected by that operation or practice having regard to:
(a) the time and place of the carrying out of the operation or practice;
(b) the nature of the equipment and ammunition proposed to be used in the course of that operation or practice and the risk to those persons or that property or the injury or damage that is likely to arise from that use; and
(c) the forms of communication available to that person for the giving of that notice to the public.


(2) Where a person authorises the installation of equipment under subregulation 49 (4), the person must cause such notice:
(a) of the installation as is reasonably required to advise persons in reasonable proximity, within the defence practice area concerned, of the place where the equipment is installed; and
(b) of activities of those persons that would be likely to disturb the equipment or interfere with its operation;
to be given to those persons, having regard to:
(c) the nature of the equipment; and
(d) the risk of damage to the equipment or interference with its operation; and
(e) the forms of communication available to that person for the giving of that notice to those persons.

DEFENCE FORCE REGULATIONS - REG 53
Prohibition of being in a defence practice area

53. (1) A person shall not, without reasonable excuse, be in a defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice, except with the permission of:
(a) the chief of staff or other officer who authorized the operation or practice; or
(b) an officer participating in the operation or practice.
Penalty: $500 or imprisonment for 3 months, or both.


(2) A person shall not, without reasonable excuse, permit any vehicle, vessel or aircraft to be in a defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out of a defence operation or practice, except with the permission of:
(a) the chief of staff or other officer who authorized the operation or practice; or
(b) an officer participating in the operation or practice.
Penalty: $500 or imprisonment for 3 months, or both.


(2A) Where the installation of equipment is authorised under subregulation 49 (4), a person must not knowingly disturb the equipment or interfere with its operation, except with the permission of:
(a) a chief of staff; or
(b) an officer participating in a defence operation or practice in relation to which the equipment was installed.
Penalty: $500 or imprisonment for 3 months, or both.


(3) Permission under subregulation (1), (2) or (2A):
(a) may be given if it is reasonably required for the protection of persons and property in the defence practice area or for the safety or defence of the Commonwealth;
(b) shall be in writing;
(c) is effective for such period as is specified in the instrument; and
(d) is subject to such conditions (if any) specified in the instrument as are reasonably required for the protection of persons and property in the defence practice area or for the safety or defence of the Commonwealth.


(4) Without limiting the generality of subregulation (3), the chief of staff or other officer giving permission under subregulation (1), (2) or (2A) may impose conditions in relation to the conduct of persons in a defence practice area or in relation to a vehicle, vessel or aircraft in that area.


(5) A person shall not, without reasonable excuse, fail to comply with a condition specified in an instrument of permission given to the person under this regulation.
Penalty: $500 or imprisonment for 3 months, or both.


(6) Where a vehicle, vessel or aircraft is in a defence practice area in contravention of subregulation (2), (2A) or (5) each of:
(a) in the case of a vehicle-the driver, owner and the hirer (if any) of the vehicle;
(b) in the case of a vessel-the master, owner and the charterer (if any) of the vessel, and the agent (if any) for the vessel; or
(c) in the case of an aircraft-the pilot, owner and the charterer (if any) of the aircraft, and the agent (if any) for the aircraft;
is guilty of an offence against subregulation (2), (2A) or (5), as the case may be, but an offender is not liable to be punished more than once in respect of the same offence.


(7) In any proceedings under subregulation (6) against a person in respect of an act or omission it is a defence if the act or omission charged took place without the fault or privity of that person.

DEFENCE FORCE REGULATIONS - REG 54
Removal from defence practice area

54. (1) A person:
(a) who, in contravention of regulation 53, is, or permits a vehicle, vessel or aircraft to be, in a defence practice area at a time specified in an instrument under subregulation 51 (1); or
(b) who fails to comply with a condition specified in an instrument of permission given to that person under regulation 53;
may, without affecting any other proceedings that may be taken against the person, be removed from the area by, or under the direction of, a member of the Defence Force, a member or special member of the Australian Federal Police or a constable.


(2) Any vehicle, vessel or aircraft in a defence practice area in contravention of regulation 53 may be removed from the area by, or under the direction of, a member of the Defence Force, a member or special member of the Australian Federal Police or a constable.

DEFENCE FORCE REGULATIONS - REG 55
Duties etc. of authorized officers

55. Where a member of the Defence Force gives a direction to a person under regulation 54, the member shall, if requested by that person, produce evidence that he or she is a member of the Defence Force for inspection by that person and, if the member fails to do so, that person is not obliged to comply with that direction.

DEFENCE FORCE REGULATIONS - REG 56
Obstruction etc. of member of Defence Force etc.

56. A person shall not, without reasonable excuse, obstruct or hinder a member of the Defence Force, a member or special member of the Australian Federal Police or a constable in the exercise by that member, special member or constable of a power conferred by this Part or obstruct or hinder a person acting under a direction referred to in regulation 54.
Penalty: $500 or imprisonment for 3 months, or both.

DEFENCE FORCE REGULATIONS - REG 57
Compensation for loss, injury or damage

57. (1) The Commonwealth shall pay reasonable compensation to a person who:
(a) sustains loss or damage by reason of entry upon, and survey of, land in accordance with regulation 58;
(b) sustains loss or damage by reason that an area is declared to be a defence practice area under subregulation 49 (1);
(c) sustains loss or damage by reason of the use of land for the purposes of a defence operation or practice authorized under regulation 51; or
(d) sustains loss or damage otherwise caused by the operation of this Part.


(2) A claim for compensation under this regulation shall:
(a) be in writing, signed by the person making the claim; and
(b) be addressed to the Secretary.


(3) Where no decision is made in respect of a claim for compensation within the period of 60 days after the date on which the claim was made, a decision refusing compensation shall be deemed to have been made.

DEFENCE FORCE REGULATIONS - REG 57A
Review of decisions: compensation

57A. (1) In this regulation, "reviewing authority" means:
(a) a person appointed under subregulation (4) or (5); or
(b) a board constituted by the Secretary under subregulation (4) or (5);
as the case may be.


(2) A person aggrieved by:
(a) a decision refusing to pay compensation under regulation 57; or
(b) a decision with respect to the amount of compensation paid or offered to be paid under that regulation;
may apply in writing addressed to the Secretary for a review of the decision.


(3) An application under subregulation (2) shall:
(a) be signed by the person making the application;
(b) be made within 30 days:
(i) where the decision is deemed to have been made by virtue of
subregulation 57 (3)-after the expiration of the period of 60 days referred to in that subregulation; or
(ii) in any other case-after receipt by the person of
notification of the decision;
or within such longer period as the Secretary, within 30 days after the date on which the application was sought to be made, in writing determines; and
(c) set out the reasons for making the application.


(4) The Secretary may:
(a) appoint a person; or
(b) constitute a board comprising such persons as the Secretary in writing determines;
for the purpose of reviewing decisions in respect of which application has been made under subregulation (2).


(5) The Secretary shall, within 21 days after the making of an application under subregulation (2), refer the application to a person appointed, or a board constituted, under subregulation (4) or shall:
(a) appoint a person, or constitute a board comprising such persons as the Secretary determines, for the purpose of reviewing the decision in respect of which the application was made; and
(b) refer the application to the person so appointed or the board so constituted, as the case may be.


(6) A reviewing authority to which a decision referred to in subregulation (2) has been referred shall, within 60 days after the date on which the decision was referred:
(a) affirm the decision;
(b) vary the decision; or
(c) set aside the decision and make a decision in substitution for that decision.


(7) Where:
(a) a reviewing authority makes a decision under subregulation (6); or
(b) the Secretary makes a decision under subregulation (3) refusing to extend the period in which an application may be lodged under that subregulation;
the reviewing authority or Secretary, as the case requires, shall cause a statement in writing to be given to the person whose interests are affected by the decision, setting out the decision and giving reasons for the decision.


(8) A statement referred to in subregulation (7) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by the decision to which the statement relates is entitled to apply to the Administrative Appeals Tribunal for a review of the decision.


(9) The validity of a decision to which a statement under subregulation (7) relates shall not be taken to be affected by a failure to comply with subregulation (8).


(10) Application may be made to the Administrative Appeals Tribunal for a review of a decision:
(a) of the Secretary refusing to extend the period in which an application may be lodged under subregulation (3); or
(b) of a reviewing authority making a decision of the kind referred to in subregulation (6).

DEFENCE FORCE REGULATIONS - REG 57B
Delegation by Secretary or chief of staff

57B. (1) The Secretary may in writing delegate to:
(a) an officer in the Defence Force holding, or performing the duties of, a position for which the rank is not lower than Colonel or a corresponding rank; or
(b) a person for the time being holding, or performing the duties of, an office in the Australian Public Service the minimum rate of salary for which exceeds the maximum rate of salary for an office of Administrative Service Officer, Class 7, in that Service;
any of his or her powers under this Part.


(2) A chief of staff may in writing delegate to:
(a) in the case of the Chief of Naval Staff-an officer who holds a rank in the Navy not below the rank of Lieutenant-Commander; or
(b) in the case of the Chief of the General Staff-an officer who holds a rank in the Army not below the rank of Major; or
(c) in the case of the Chief of the Air Staff-an officer who holds a rank in the Air Force not below the rank of Squadron Leader;
the power of the chief of staff:
(d) under regulation 51 in respect of an operation or practice in which members of the armed forces of a country other than Australia are not to take part; or
(e) under subregulation 53 (2A).

DEFENCE FORCE REGULATIONS - REG 57C
Other defence operations and practices

57C. Nothing in this Part shall be taken to affect or limit in any way the power of the Commonwealth to undertake defence operations and practices otherwise than in an area declared under regulation 49.

DEFENCE FORCE REGULATIONS - PART XII
PART XII-SURVEYS

DEFENCE FORCE REGULATIONS - REG 58
Authority to enter land

58. (1) Subject to subregulation (2), the Minister may, with the consent in writing of the occupier of land, by instrument, authorize the Defence Force or an arm of the Defence Force, either generally or as otherwise provided in the instrument, to enter upon and survey land for the purposes of the Act or these Regulations.


(2) Where it is necessary or expedient in the interests of the safety or defence of the Commonwealth, the Minister may, without the consent of the occupier of land, by instrument, authorize the Defence Force or an arm of the Defence Force, either generally or as otherwise provided in the instrument, to enter upon and survey land for the purposes of the Act or these Regulations.


(3) A person shall not remove or interfere with a survey mark placed upon land in the course of a survey carried out pursuant to this regulation.
Penalty: $100.

DEFENCE FORCE REGULATIONS - PART XIIA
PART XIIA (regulations 58A-58G)*2*

*2* The Defence Force Regulations were amended by Statutory Rules 1996 No. 177, regulation 1.1 of which provides as follows:
"1.1 These Regulations (except regulations 4 and 7) commence on 1 December 1996."
As at 9 September 1996 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACTS FROM DEFENCE FORCE REGULATIONS (AMENDMENTS)."

DEFENCE FORCE REGULATIONS - PART XIII
PART XIII-SUSPENSION AND FORFEITURE OF SALARY AND ALLOWANCES

DEFENCE FORCE REGULATIONS - REG 59
Interpretation

59. (1) In this Part, unless the contrary intention appears:
"allowance" in relation to a member, is a reference to an allowance that, apart from the provisions of this Part, is payable to the member under service law in respect of his or her service in the Defence Force;
"foreign country" includes a state, province or similar division of a foreign country;
"member" means a member of the Permanent Forces and includes any member of the Defence Force rendering continuous full-time service;
"offence" includes an offence against the law of a foreign country;
"police custody", in relation to a member, means detention of the member by one or more members of:
(a) the Australian Federal Police;
(b) a police force of a State or Territory; or
(c) a police force of a foreign country;
in connection with an offence which the member is alleged to have, or is suspected of having, committed, whether or not the member has been charged with that or any other offence during that custody;
"salary", in relation to a member, is a reference to salary that, apart from the provisions of this Part, is payable to the member under service law in respect of his or her service in the Defence Force;
"service law" means any law that applies in relation to a person by reason only that the person is a member and includes a determination under section 58B or 58H of the Act.


(2) For the purposes of this Part, the salary or allowances, or salary and allowances:
(a) that is or are payable to a member; or
(b) that would, but for this Part, have been payable to a member;
during a period, shall be deemed to accrue from day to day during that period.


(3) In this Part, a reference to the absence of a member without leave shall be read as a reference to any absence from, or cessation of performance of, duty by the member that is not authorised under service law.


(4) For the purposes of this Part, a member who is absent from duty:
(a) while in civil custody; or
(b) during a period of imprisonment imposed on the member upon conviction of an offence;
shall not be regarded as being absent without leave.


(5) In this Part, a reference to the absence of a member while in civil custody shall be read as a reference to any absence from duty by the member where, otherwise than under service law, the member is held in police custody or is otherwise detained in custody pending, or during, the trial of the member for an offence.


(6) For the purposes of this Part, where a member:
(a) otherwise than under service law, is held in police custody or is otherwise detained in custody pending, or during, the trial of the member for an offence and, during the period of that detention, the member is authorised under service law to be absent from duty; or
(b) is undergoing a period of imprisonment imposed on the member upon conviction of an offence;
the member shall not be regarded as being absent while in civil custody.

DEFENCE FORCE REGULATIONS - REG 60
Suspension of salary and allowances

60. (1) Subject to this Part, where a member is absent without leave, or is absent while in civil custody, for 24 hours or more, payment to the member of his or her salary and allowances is suspended.


(2) Subject to subregulation (3), a suspension under subregulation (1) in respect of the salary and allowances of a member operates in relation to the salary and allowances that accrue to the member on and after the day following the day on which the member first so became absent.


(3) A suspension under subregulation (1) in respect of the salary and allowances of a member who has been absent without leave or while in civil custody does not operate in relation to the salary or allowances that accrue to the member after he or she returns to duty.

DEFENCE FORCE REGULATIONS - REG 61
Certificate of commanding officer

61. (1) Where a member has been absent without leave and that member's commanding officer has reasonable grounds for believing:
(a) that that absence was not an offence against service law; or
(b) that there was a reasonable excuse for the absence;
the commanding officer shall issue a certificate to that effect.


(2) Where a certificate is issued under subregulation (1) in respect of a member's absence without leave, the suspension effected by regulation 60 in respect of that absence ceases.


(3) Where a commanding officer, who has issued, under subregulation (1), a certificate in respect of the absence without leave of a member, finds that there are no reasonable grounds for the belief on the basis of which the certificate was issued, the commanding officer shall, by writing, revoke the certificate.


(4) Subject to this Part, where a certificate issued under subregulation (1) in respect of a member's absence without leave is revoked under subregulation (3), payment to the member of his or her salary and allowances is suspended.


(5) A suspension under subregulation (4) in respect of the salary and allowances of a member operates in relation to:
(a) any salary and allowances that accrued to the member during the period:
(i) commencing at the end of the day on which he or she first
so became absent; and
(ii) ending immediately before the day on which the certificate
was revoked;
and which remained unpaid when the certificate was revoked; and
(b) subject to subregulation (6), the salary and allowances that accrue to the member on and after the day on which the certificate was revoked.


(6) A suspension under subregulation (4) in respect of the salary and allowances of a member does not operate in relation to the salary and allowances that accrue to the member after he or she returns to duty.

DEFENCE FORCE REGULATIONS - REG 62
Effect of suspension

62. (1) Where payment of the salary and allowances of a member is suspended under this Part, no part of the salary or allowances to which that suspension relates is payable to that member.


(2) The suspension under this Part of payment of the salary and allowances of a member does not affect any right that the member may have to receive payment of the whole or any part of the salary or allowances to which that suspension relates if that suspension ceases otherwise than by virtue of a forfeiture of that salary or those allowances, or both.

DEFENCE FORCE REGULATIONS - REG 63
Cessation of suspension: absence without leave

63. (1) In this regulation:
"duty", in relation to a member, means duty under the command of the member's commanding officer;
"prescribed period", in relation to a member who has been absent without leave, means the period of 14 days commencing at the end of the day on which the member returns to duty;
"suspension", in relation to a member, means the suspension under this Part of the payment of salary and allowances to that member by reason of the absence without leave of that member.


(2) Where a member subject to a suspension returns to duty after being absent without leave, that suspension continues to apply to the salary and allowances to which it relates after the return to duty of the member and, unless it earlier ceases, ceases:
(a) if within the prescribed period for that member is not charged under service law with an offence on the ground of that absence or any part of it-at the end of that period;
(b) if within the prescribed period for that member the member is so charged and a direction is given that the charge be not proceeded with-when that direction is given;
(c) if within the prescribed period for that member the member is so charged and the charge is dismissed-when the charge is dismissed; or
(d) if within the prescribed period for that member the member is so charged and the member is acquitted of the offence-when the member is acquitted.

DEFENCE FORCE REGULATIONS - REG 64
Cessation of suspension-civil custody

64. (1) In this regulation, "suspension", in relation to a member, means the suspension under this Part of the payment of salary and allowances to that member by reason of the absence from duty of that member while in civil custody.


(2) Where a member subject to a suspension returns to duty from civil custody having been in civil custody by reason of an act which the member is alleged to have done, or is suspected of having done, and during the period of that absence:
(a) the member was not charged under a law, other than service law, with an offence constituted by the doing of that act; or
(b) the member was so charged and:
(i) the charge was withdrawn;
(ii) the charge was dismissed;
(iii) the member was acquitted of the offence; or
(iv) the charge was found to be proved but a decision was made
by the court hearing the charge not to convict the member of an offence;
that suspension ceases when the member so returns to duty.


(3) In subregulation (2), the reference to the doing of an act includes a reference to the omission to do an act.

DEFENCE FORCE REGULATIONS - REG 65
Forfeiture of salary and allowances-absence without leave

65. Where a member is absent without leave for a period that continues for 24 hours or more and:
(a) the member is convicted of being absent without leave in respect of that period;
(b) during that absence the member, under a law other than service law, is convicted of an offence for which a sentence of imprisonment is imposed; or
(c) that absence is the reason for which the member is discharged from an arm of the Defence Force;
the member, upon that conviction or discharge, as the case may be, forfeits all salary and allowances that accrued to the member during the period:
(d) that begins at the end of the day on which the member first became so absent; and
(e) that ends at the end of the day on which the member ceased to be so absent.

DEFENCE FORCE REGULATIONS - REG 66
Forfeiture of salary and allowances-civil custody

66. (1) Where by reason of an act which a member is alleged to have done, or is suspected of having done, the member is:
(a) absent while in civil custody for a period that continues for 24 hours or more; and
(b) convicted under a law, other than service law, of an offence which is constituted by the doing of that act;
the member, upon that conviction, forfeits all salary and allowances that accrued to the member during the period:
(c) that begins at the end of the day on which the member first became so absent; and
(d) that ends at the end of the day on which the member ceased to be so absent.


(2) In subregulation (1), the reference to the doing of an act includes a reference to the omission to do an act.

DEFENCE FORCE REGULATIONS - REG 67
Forfeiture of salary and allowances-imprisonment

67. (1) Where a member is convicted of an offence for which a sentence of imprisonment is imposed, the member, upon that conviction, forfeits all salary and allowances that accrue to the member during the period:
(a) that begins at the end of the day on which the member is so convicted; and
(b) that ends at the end of the day on which the member ceases to serve that sentence, or ceases to be a member, whichever first occurs.


(2) A period of imprisonment referred to in subregulation (1) does not include weekend or periodic detention.


(3) In subregulation (2), "weekend or periodic detention" means detention or imprisonment pursuant to a law, other than service law, providing for:
(a) weekend detention or imprisonment; or
(b) periodic detention or imprisonment.

DEFENCE FORCE REGULATIONS - REG 68
Forfeiture of salary and allowances-detention under service law

68. (1) Where under service law a member is undergoing the punishment of detention for a period, the member forfeits:
(a) so much of the member's salary that accrues during that period as exceeds the amount of salary that would have accrued to the member during that period if the member had during that period been a normal entry recruit undergoing basic recruit training as specified in Determination No. 6 of 1992, Salaries, made under section 58H of the Defence Act 1903, as in force from time to time; and
(b) all allowances that accrue to the member in respect of that period, other than the allowance provided for under Determination 0805, Detention Allowance, made under section 58B of the Act, as in force from time to time as modified from time to time by determinations made under section 58H of that Act.


(2) Where under service law a member of the Emergency Forces or the Reserve Forces rendering service other than continuous full-time service is undergoing the punishment of detention for a period, that member forfeits:
(a) so much of the member's salary that accrues during that period as exceeds the amount of salary that would have accrued to the member during that period if the member had during that period been a normal entry recruit undergoing basic recruit training as specified in Determination No. 6 of 1992, Salaries, made under section 58H of the Defence Act 1903, as in force from time to time; and
(b) all allowances that accrue to the member in respect of that period.


(3) In subregulation (2), "allowance", "salary" and "service law" have the same respective meanings in relation to a member referred to in that subregulation as they have in relation to a member.

DEFENCE FORCE REGULATIONS - REG 69
Conviction quashed or set aside

69. (1) In this regulation, "member" includes a member referred to in subregulation 68 (2).


(2) Where under this Part the salary and allowances of a member have been forfeited in whole or part by reason of the conviction of the member for an offence and:
(a) subject to paragraph (b), that conviction is quashed or set aside, an amount equal to the amount of the salary and allowances so forfeited is payable to the member;
(b) that conviction is quashed or set aside and another conviction substituted or the member is ordered to be tried again for the offence or for another offence, no amount referred to in paragraph (a) is payable to the member; or
(c) that conviction is quashed or set aside and at a further trial of the member for that offence or another offence the court or service tribunal acquits the member or decides that the member should not be convicted of an offence, the amount referred to in paragraph (a) is payable to the member.

DEFENCE FORCE REGULATIONS - REG 70
Death of a member during suspension

70. (1) Where:
(a) a member dies while absent without leave or the Minister directs in writing that the death of the member is to be presumed to have occurred while the member was absent without leave; and
(b) payment of salary and allowances to the member was, at the time of death or presumed death of the member, suspended under this Part;
the Minister shall:
(c) if the Minister decides that there are reasonable grounds for believing that the member did not have a reasonable excuse for that absence-by writing order the forfeiture of all salary and allowances that accrued to the member during the period:
(i) that began at the end of the day on which the member first
became so absent; and
(ii) that ended at the end of the day on which the member died
or was presumed to die; or
(d) if the Minister decides that there are no reasonable grounds for believing that the member did not have a reasonable excuse for that absence-that suspension shall then cease.


(2) Where a member dies while absent in civil custody and payment of salary and allowances to the member was, at the time of death, suspended under this Part, that suspension shall then cease.

DEFENCE FORCE REGULATIONS - REG 71
Review of decisions

71. (1) Where the Minister makes a decision to order the forfeiture of salary and allowances of a member under subregulation 70 (1), the Minister shall, by notice in writing given not later than 30 days after the date of the decision, inform the person or persons whose interests are affected by the decision of the making of the decision and of the grounds for the decision.


(2) An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in subregulation (1).


(3) A notice referred to in subregulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.


(4) A failure to comply with the requirements of subregulation (3) in relation to a decision shall not be taken to affect the validity of a decision.


(5) For the purposes of subsection 25 (6) of the Administrative Appeals Tribunal Act 1975, the operation of subsection 43 (1) of that Act is, in relation to an application referred to in subregulation (2), modified by omitting paragraphs (a), (b) and (c) and substituting the following paragraphs:
"(a) affirming the decision under review; or
(b) setting aside the decision under review and making a decision, in substitution for the decision so set aside, to pay to the legal personal representative of a member referred to in subregulation 70 (1) of the Defence Force Regulations an amount equal to the amount of all salary and allowances that accrued to the member during the period referred to in paragraph 70 (1) (c) of those Regulations.".

DEFENCE FORCE REGULATIONS - REG 72
Recovery of forfeited amounts

72. (1) Where a member receives an amount which comprises in whole or part salary or allowances that have been forfeited under this Part, the member shall repay to the Commonwealth an amount equal to the amount of that salary or those allowances.


(2) Without affecting the right of the Commonwealth to recover by any other means an amount repayable by a member under subregulation (1), an amount equal to that amount may be deducted from any salary or allowances payable to the member.

DEFENCE FORCE REGULATIONS - PART XIIIA
PART XIIIA-DELEGATIONS BY THE MINISTER

DEFENCE FORCE REGULATIONS - REG 72A
Delegations of power to make determinations

72A. For the purposes of section 58E of the Act, the Minister may by instrument delegate to a Secretary, or Senior Executive Service officer, within the meaning of the Public Service Act 1922 the power under subsection 58B (1) of the Act to make determinations with respect to the following matters:
(a) the remuneration of members or cadets;
(b) the payment of allowances or other pecuniary benefits, not being allowances or benefits by way of remuneration, to or in respect of members or cadets including, but without limiting the generality of the foregoing, the payment of additional compensation to members of:
(i) the Emergency Forces; and
(ii) the Reserve Forces;
to whom compensation is payable under the Safety Rehabilitation and Compensation Act 1988;
(c) the payment of allowances or other pecuniary benefits to or in respect of members of the families of members or cadets;
(d) leave of absence and long service leave of members;
(e) the provision of other benefits to or in respect of members or cadets, or to or in respect of members of the families of members or cadets;
(f) the payment of allowances and expenses to or in respect of, and the provision of travelling facilities for, applicants for appointment or engagement as members in respect of attendance at an enlistment centre of the Defence Force or attendance for interview or examination;
(g) deductions from the remuneration of a member or cadet or from allowances or other pecuniary benefits referred to in paragraphs (b) and (c); and
(h) the meanings to be attributed to words and expressions used in existing determinations and future determinations made under section 58B of the Act, and the circumstances in which those meanings are to apply.

DEFENCE FORCE REGULATIONS - PART XIV
PART XIV-PAYMENT OF FINES

DEFENCE FORCE REGULATIONS - REG 73
Re-imbursement of the Commonwealth

73. (1) In this regulation:
"court" includes a court of a foreign country;
"foreign country" includes a state, province or similar division of a foreign country;
"offence" means an offence against any law other than the Defence Force Discipline Act 1982 and includes an offence against the law of a foreign country.


(2) Where a member charged with an offence is ordered by a court to pay an amount as a fine or other pecuniary penalty or as damages, reparation, compensation or costs and the Commonwealth pays the whole or part of that amount, the amount so paid is a debt due and payable by the member to the Commonwealth.


(3) Without affecting the right of the Commonwealth to recover by any other means a debt payable by a member under subregulation (2), an amount equal to the amount of that debt may be deducted from any salary or allowances payable to the member.

DEFENCE FORCE REGULATIONS - PART XV
PART XV-REDRESS OF GRIEVANCES

DEFENCE FORCE REGULATIONS - REG 74
Interpretation

74. (1) In this Part, unless the contrary intention appears, "complaint" means a complaint made under subregulation 75 (1).


(2) In this Part, a reference to the referral of a complaint is a reference to the referral of the complaint under this Part.

DEFENCE FORCE REGULATIONS - REG 75
Making of complaint

75. (1) Subject to this Part, where a member considers that he or she has a grievance concerning any matter relating to his or her service, the member may make a complaint to his or her commanding officer.


(2) A complaint shall be in writing.

DEFENCE FORCE REGULATIONS - REG 76
Referral of complaint

76. (1) Subject to subregulation (2), if a member is not satisfied with the decision of a commanding officer on a complaint, the member may refer the complaint:
(a) in the case of a member of the Navy-to the Chief of Naval Staff; or
(b) in the case of a member of the Army-to the Chief of the General Staff; or
(c) in the case of a member of the Air Force-to the Chief of the Air Staff.


(2) If:
(a) the complaint relates to service by the member:
(i) in a unit or an organisation that is responsible directly
to Headquarters Australian Defence Force and comprises personnel drawn from more than one arm of the Defence Force; or
(ii) in Headquarters Australian Defence Force; and
(b) the complaint is not connected only with the member's own arm of the Defence Force;
the complaint must be referred to the Vice Chief of the Defence Force.

DEFENCE FORCE REGULATIONS - REG 77
Investigating and reporting outcome of complaint

77. An officer to whom a complaint is made under subregulation 75 (1) or referred under regulation 76, must:
(a) investigate the complaint without delay or cause it to be investigated without delay; and
(b) notify the member of the results of the investigation without delay.

DEFENCE FORCE REGULATIONS - REG 79
Further referral of officers' complaints

79. (1) In this regulation, "officer" includes warrant officer.


(2) If an officer is not satisfied with the result of a referral under regulation 76, the officer may refer the matter to the Chief of the Defence Force.

DEFENCE FORCE REGULATIONS - REG 80
Offences in relation to complaints

80. A member shall not:
(a) prevent or dissuade, or attempt to prevent or dissuade, any member from making a complaint or from requesting the referral of a complaint;
(b) prevent or dissuade, or attempt to prevent or dissuade, a member from investigating a complaint, referring a complaint, redressing a grievance or taking any other action in relation to this Part; or
(c) cause a member to be victimized, penalized or in any way prejudiced for making a complaint or requesting the referral of a complaint.
Penalty: $500 or imprisonment for 3 months.

DEFENCE FORCE REGULATIONS - REG 81
Delegations

81. (1A) The holder of the office of Chief of the Defence Force or Vice Chief of the Defence Force may, by instrument, delegate all or any of the powers of that office under this Part, other than this power of delegation, to any of the following officers:
(a) an officer of the Navy not below the rank of Commodore;
(b) an officer of the Army not below the rank of Brigadier;
(c) an officer of the Air Force not below the rank of Air Commodore.


(1) A chief of staff may, by instrument, delegate to:
(a) in the case of the Chief of Naval Staff-an officer of the Navy who holds a rank not below the rank of Commodore;
(b) in the case of the Chief of the General Staff-an officer of the Army who holds a rank not below the rank of Brigadier; or
(c) in the case of the Chief of the Air Staff-an officer of the Air Force who holds a rank not below the rank of Air Commodore;
all or any of the powers of the chief of staff under this Part, other than this power of delegation.


(2) A power so delegated, when exercised by the delegate, shall for the purposes of this Part, be deemed to have been exercised by the person delegating the power.


(3) A delegation under subregulation (1) does not prevent the exercise of power delegated by the person delegating the power.

DEFENCE FORCE REGULATIONS - REG 82
Grievances to which this Part does not apply

82. Nothing in this Part authorizes a member to make a complaint in relation to:
(a) the member being aggrieved by a decision, judgment or order made by a civil or criminal court, a service tribunal or the Defence Force Discipline Appeal Tribunal; or
(b) a determination under subsection 70AC (1) of the Audit Act 1901.

DEFENCE FORCE REGULATIONS - PART XVI
PART XVI-MISCELLANEOUS

DEFENCE FORCE REGULATIONS - REG 83
Administration fee: deduction from salary

83. For the purposes of subsection 120B (4) of the Act, the prescribed rate of administration fee payable in respect of an amount deducted pursuant to subsection 120B (3) of the Act is 2.5% of that amount.

DEFENCE FORCE REGULATIONS - REG 84
Body corporate declared for the purposes of subsection 123 (2) of the Act

84. Australian Defence Industries Pty Ltd is a body corporate in relation to which subsection 123 (2) of the Act applies.

DEFENCE FORCE REGULATIONS - SCHEDULE

SCH

SCHEDULE*2* Regulation 45
COMMONWEALTH OF AUSTRALIA
Defence Act 1903
WARRANT FOR THE APPREHENSION OF AN ABSENTEE WITHOUT LEAVE
TO each member or special member of the Australian Federal
Police, each member of the police force of a State or Territory and
each member of the Defence Force.
WHEREAS section 116F of the Defence Act 1903 provides that where
the designated authority of a country in relation to which that
section applies, by writing signed by him, requests an officer
authorized by a chief of staff, by order in writing, for the
purposes of Division 3 of Part IXA of that Act for assistance in
the apprehension of a member of the forces of that country, not
being an Australian citizen, who is an absentee without leave from
those forces, the authorized officer may, in his discretion, issue
a warrant in accordance with the prescribed form authorizing a
member or a special member of the Australian Federal Police or a
member of the police force of a State or Territory or any member of
the Defence Force to arrest that absentee:
AND WHEREAS , a chief of staff, by order in
writing dated , authorized me for the purposes of
Division 3 of Part IXA of that Act:
AND WHEREAS the designated authority of, a country to
which section 116F of the Defence Act 1903 applies, has, by writing
signed by him, made a request to me for assistance in the
apprehension of a member of the forces of that country, being a
person described in the Schedule, who is an absentee without leave
from those forces:
AND WHEREAS that person is not an Australian citizen:
NOW THEREFORE I, , an officer of the Army/Air
Force/Navy, by this warrant authorize you to arrest the person
described in the Schedule.
SCHEDULE
Full name: Rank:
Number:
Unit or station:
Date of birth:
Citizenship: Race:
Height: Weight: Build:
Complexion: Colour of eyes: Colour of hair:
Other distinguishing marks or features:
Date on which and place from which absented himself
without leave:
Dated this day of , 19 .
(Signature of authorized officer)
(Rank and appointment)
*2* The Defence Force Regulations were amended by Statutory Rules 1996 No. 177, regulation 1.1 of which provides as follows:
"1.1 These Regulations (except regulations 4 and 7) commence on 1 December 1996."
As at 9 September 1996 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACTS FROM DEFENCE FORCE REGULATIONS (AMENDMENTS)."

DEFENCE FORCE REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2*2*
*2* The Defence Force Regulations were amended by Statutory Rules 1996 No. 177, regulation 1.1 of which provides as follows:
"1.1 These Regulations (except regulations 4 and 7) commence on 1 December 1996."
As at 9 September 1996 the amendments are not incorporated in this reprint. They are set out below under the heading "EXTRACTS FROM DEFENCE FORCE REGULATIONS (AMENDMENTS)."

DEFENCE FORCE REGULATIONS - EXTRACT

EXTRACTS FROM DEFENCE FORCE REGULATIONS (AMENDMENTS)
3.1 Omit the regulation, substitute:
Delegations
"3A. (1) The Minister may delegate, in writing, any of his or her powers under these Regulations to:
(a) an officer of the Navy who holds the rank of Commodore, or a higher rank; or
(b) an officer of the Army who holds the rank of Brigadier, or a higher rank; or
(c) an officer of the Air Force who holds the rank of Air Commodore, or a higher rank; or
(d) the Secretary to the Department; or
(e) an officer of the Senior Executive Service performing duty in the Department; or
(f) any other officer of the Australian Public Service who, for the time being, holds, or is performing the duties of, an office in the Department for which the minimum rate of salary exceeds the maximum rate of salary for an office classified under section 28 of the Public Service Act 1922 as Senior Officer, Grade A.
"(2) The Minister may also delegate, in writing, his or her powers under regulation 58G to:
(a) an officer of the Navy who holds the rank of Captain; or
(b) an officer of the Army who holds the rank of Colonel; or
(c) an officer of the Air Force who holds the rank of Group Captain; or
(d) an officer of the Australian Public Service (except an officer referred to in paragraph (1) (d), (e) or (f)) who, for the time being, holds, or is performing the duties of, an office in the Department for which the minimum rate of salary exceeds the maximum rate of salary for an office classified under section 28 of the Public Service Act 1922 as Senior Officer, Grade C.".
(NOTE: For the effect of a delegation, see s. 34AB of the Acts Interpretation Act 1901.)
5. Regulation 45 (Form of warrant)
5.1 Omit "the Schedule", substitute "Schedule 1".
6. New Part XIIA
6.1 After regulation 58, insert:
"PART XIIA-MARRIED QUARTERS, MEDICAL AND DENTAL TREATMENT ETC.
"Division 1-Interpretation
Interpretation
"58A. (1) In this Part:
"member" means a member of the Defence Force (including the Reserve Forces and the Emergency Forces) rendering continuous full-time service.
"Division 2-Married quarters
Provision of married quarters
"58B. (1) If the Commonwealth provides married quarters for a member, the Minister may determine, in writing, the rent the member must pay if the member, or any of the member's family, occupies the married quarters.
"(2) The amount of rent is a debt due to the Commonwealth.
"(3) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member's salary and allowances.
Provision of furniture
"58C. (1) If the Commonwealth provides furniture for use in married quarters occupied by a member, or any of the member's family, the Minister may determine, in writing, the charge the member must pay for the use of the furniture.
"(2) The amount of the charge is a debt due to the Commonwealth.
"(3) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member's salary and allowances.
Provision of electricity
"58D. (1) If:
(a) the Commonwealth:
(i) supplies electricity to married quarters occupied by a
member or any of the member's family; or
(ii) pays for the supply of electricity to the quarters; and
(b) the quarters do not have a meter that measures how much electricity is used;
the Minister may determine, in writing, the charge the member must pay for the supply of the electricity.
"(2) The amount of the charge is a debt due to the Commonwealth.
"(3) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member's salary and allowances.
"Division 3-Medical and dental treatment
Interpretation
"58E. In this Division:
"dental treatment" includes the giving of dental advice, dental treatment or dental supplies and appliances by, or on the authority of, a dental officer or practitioner;
"medical treatment" includes:
(a) the giving of medical advice, medical treatment or medical supplies and appliances by, or on the authority of, a medical officer or practitioner; and
(b) transport in an ambulance; and
(c) treatment, maintenance and accommodation at a hospital or other health care facility;
"Repatriation hospital" means a hospital established, controlled or administered by the Repatriation Commission under the Veterans' Entitlements Act 1986.
Provision of medical and dental treatment
"58F. (1) Subject to subregulation (2), the Commonwealth must provide the medical and dental treatment required to keep a member healthy for the purpose of discharging the member's duties.
"(2) The Minister may determine, in writing, conditions on which the treatment is to be provided to a member, having regard to:
(a) the treatment facilities available under the circumstances (including the place where the member is serving); and
(b) the duties of the member; and
(c) the operational requirements of the Defence Force.
Recovery of the costs of treatment in certain circumstances
"58G. (1) This regulation applies to a member if:
(a) the Commonwealth provides medical or dental treatment to the member under regulation 58F; and
(b) the Minister determines, in writing, that he or she is satisfied that the member may have an enforceable claim for damages against a person for the illness or injury the subject of the treatment.
"(2) The Minister may, in writing, require the member to pay an amount to the Commonwealth for the treatment.
"(3) The amount is a debt due to the Commonwealth.
"(4) The amount must not exceed:
(a) for each day on which the member was treated as an in-patient at a service or Repatriation hospital in a State-an amount calculated according to Schedule 2; or
(b) for any other medical or dental treatment-the expense actually incurred by the Commonwealth.
"(5) In calculating an amount referred in paragraph (4) (a), the day on which the member enters a hospital as an in-patient, and the day on which the member ceases to be an in-patient of the hospital, are counted as a single day.
"(6) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member's salary and allowances.
"(7) In paragraph (1) (b) and subregulation (2), a reference to a member includes a reference to a person:
(a) to whom treatment was provided as a member; and
(b) who ceases to be a member at any time after receiving the treatment.".
8. Schedule
8.1 Omit the heading, substitute:
"SCHEDULE 1 Regulation 45
FORM OF WARRANT".
9. New Schedule 2
9.1 After Schedule 1, insert:
SCHEDULE 2 Subregulation 58G (4)
CHARGE FOR EACH DAY ON WHICH MEMBER WAS AN IN-PATIENT
AT A SERVICE OR REPATRIATION HOSPITAL IN A STATE
Column 1 Item
Column 2
Period when treatment was provided
Column 3
Hospital in New South Wales
Column 4
Hospital in Victoria
Column 5
Hospital in Queensland
Column 6
Hospital in South Australia
Column 7
Hospital in Western Australia
Column 8
Hospital in Tasmania
$ $ $ $ $ $
1 1 July 1975 to 30 June 1976
72.04 87.86 66.71 74.04 86.61 68.63
2 1 July 1976 to 30 June 1977
88.07 121.50 82.25 90.18 82.08 82.70
3 1 July 1977 to 30 June 1978
112.84 141.50 100.12 108.65 100.06 93.95
4 1 July 1978 to 30 June 1979
136.22 134.92 116.02 122.27 117.96 102.41
5 1 July 1979 to 30 June 1980
144.04 142.07 125.26 132.52 124.65 113.60
6 1 July 1980 to 30 June 1981
157.66 162.48 136.83 145.45 134.60 128.68
7 1 July 1981 to 30 June 1982
174.50 188.65 156.62 166.46 156.70 162.08
8 1 July 1982 to 30 June 1983
219.83 213.10 176.83 180.97 183.88 165.86
9 1 July 1983 to 30 June 1984
237.00 230.83 203.74 210.81 201.35 190.94
10 1 July 1984 to 30 June 1985
276.12 264.85 223.53 239.41 212.42 210.55
11 1 July 1985 to 30 June 1986
290.26 281.27 233.58 253.37 221.62 218.47
12 On or after 1 July 1986
340.00 375.00 277.50 282.50 260.00 272.50