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Defence Force Amendment Regulations 2002 (No. 1)

Authoritative Version
  • - F2002B00321
  • No longer in force
SR 2002 No. 311 Regulations as made
These Regulations amend the Defence Force Regulations 1952.
Administered by: Defence
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR04-Feb-2003
Tabled Senate05-Feb-2003
Gazetted 19 Dec 2002
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Defence Force Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 3112

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 12 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

ROBERT HILL

Minister for Defence


1              Name of Regulations

                These Regulations are the Defence Force Amendment Regulations 2002 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Defence Force Regulations 1952

                Schedule 1 amends the Defence Force Regulations 1952.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 21

substitute

21            False statements

         (1)   A person is guilty of an offence if the person makes a false statement in an affidavit or declaration sworn or made under this Part.

Penalty:   1 penalty unit or imprisonment for 3 months.

         (2)   This regulation does not affect the liability of a person under any other law.

[2]           Regulation 35

substitute

35            Prohibited areas

         (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 must 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 unauthorised persons into that place.

         (3)   A person must not enter or remain in a prohibited area if he or she does not have authority to enter or remain in that area.

Penalty:   20 penalty units or imprisonment for 6 months, or both.

         (4)   A person authorised by the Minister for this subregulation, may give permission to a person to enter and remain in a prohibited area.

         (5)   Permission under subregulation (4) may be subject to such conditions (including conditions as to the conduct of the person to whom the permission is given) as the person giving the permission considers necessary for the protection of:

                (a)    persons and property in the area; and

               (b)    official secrets.

         (6)   It is a defence to a prosecution for an offence against subregulation (3) that the entry or stay is in accordance with permission given under subregulation (4).

         (7)   A person who is given permission under subregulation (4), is guilty of an offence if the person engages in conduct that is in breach of a condition of the permission.

Penalty:   20 penalty units or imprisonment for 6 months, or both.

         (8)   A person who enters or remains in a prohibited area in contravention of subregulation (3) or who fails to comply with a condition of a permission given to the person under subregulation (4), may, without prejudice to any proceedings that may be taken against him or her, be removed from the prohibited area by, or under the direction of:

                (a)    a constable; or

               (b)    an Australian Government officer; or

                (c)    a person authorised by the Minister to do so.

[3]           Regulation 37

substitute

37            Smoking etc in protected place

         (1)   A person in a protected place, must not:

                (a)    smoke, strike a match, light a fire or in any way procure a naked light or flame; or

               (b)    possess tobacco, matches, a flame lighter, a candle, a lamp or any material capable of being used for smoking or for procuring a naked light or flame.

Penalty:   1 penalty unit or imprisonment for 3 months, or both.

         (2)   It is a defence to a prosecution for an offence against subregulation (1) that the defendant had the permission of the officer-in-charge to engage in the relevant conduct in the protected place.

         (3)   In this regulation:

officer-in-charge means the person appointed to be in charge of the undertaking.

protected place means an undertaking, or part of an undertaking:

                (a)    which is declared by the officer-in-charge of the undertaking, by notice in writing, to be a protected place for this regulation; and

               (b)    on which a notice to that effect is prominently displayed.

[4]           Regulation 51

substitute

51            Authorisation to carry out a defence operation or practice

         (1)   The Chief of the Defence Force, the Secretary or a Service Chief may authorise the carrying out of a defence operation or practice in a defence practice area by:

                (a)    members of the Defence Force; or

               (b)    members of the armed forces of a country other than Australia; or

                (c)    members of the Defence Force and members of the armed forces of a country other than Australia.

         (2)   An authorisation under subregulation (1):

                (a)    must be in writing; and

               (b)    must specify the time when the defence operation or practice will take place.

[5]           Regulation 53

substitute

53            Offences relating to a defence practice area

         (1)   A person is guilty of an offence if the person is 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.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (2)   A person is guilty of an offence if the person permits a 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 in that area of a defence operation or practice.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (3)   A person is guilty of an offence if the person engages in conduct that disturbs, or interferes with, the operation of, equipment, the installation of which is authorised under subregulation 49 (4).

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (4)   The Chief of the Defence Force, the Secretary or the Service Chief or other officer who authorised a defence operation or practice, or an officer participating in that operation or practice may give permission, in accordance with subregulation (6), for a person:

                (a)    to be in the 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; or

               (b)    to permit a vehicle, vessel or aircraft to be in the 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.

         (5)   The Chief of the Defence Force, the Secretary, a Service Chief or an officer participating in a defence operation or practice in relation to which the equipment was installed, may give permission, in accordance with subregulation (6), for a person to engage in conduct that may or will disturb, or interfere with, the operation of equipment the installation of which is authorised under subregulation 49 (4).

         (6)   Permission under subregulation (4) or (5):

                (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; and

               (b)    must be in writing; and

                (c)    is effective for the period that is specified in the instrument; and

               (d)    may be subject to conditions 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; and

                (e)    may be subject to 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.

         (7)   A person is guilty of an offence if the person engages in conduct that breaches a condition of a permission given to the person under subregulation (4) or (5).

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (8)   A person is guilty of an offence against subregulation (2) or (7) if:

                (a)    a vehicle, vessel or aircraft is in a defence practice area; and

               (b)    the person is:

                          (i)    in the case of a vehicle — the driver, owner or hirer of the vehicle; or

                         (ii)    in the case of a vessel — the master, owner or charterer of the vessel, or the agent for the vessel; or

                        (iii)    in the case of an aircraft — the pilot, owner or charterer of the aircraft, or the agent for the aircraft; and

                (c)    another person is guilty of an offence against the same subregulation (otherwise than because of this subregulation) in connection with the vehicle, vessel or aircraft.

         (9)   An offence under subregulation (1), (2), or (7) is an offence of strict liability.

       (10)   It is a defence to a prosecution under subregulation (1) or (2) that the defendant had permission under subregulation (4).

       (11)   It is a defence to a prosecution under subregulation (3) that the defendant had permission under subregulation (5).

       (12)   It is a defence to a prosecution under subregulation (1), (2) or (7) that the defendant had a reasonable excuse.

       (13)   It is a defence to a prosecution under subregulation (2) or (7), because of subregulation (8), that the defendant did not know of the conduct constituting the primary offence.

[6]           Regulation 56

substitute

56            Obstructing or hindering member of Defence Force etc

         (1)   A person is guilty of an offence if the person obstructs or hinders:

                (a)    a member of the Defence Force; or

               (b)    a member or special member of the Australian Federal Police; or

                (c)    a constable;

in the exercise by the member, special member or constable of a power conferred by this Part.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (2)   A person is guilty of an offence if the person obstructs or hinders a person acting under a direction referred to in regulation 54.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

         (4)   It is a defence to a prosecution for an offence against subregulation (1) or (2) that the defendant had a reasonable excuse.

[7]           Regulation 57B

substitute

57B         Delegation by Secretary

                The Secretary may delegate, in writing, a power of the Secretary under this Part (other than a power that may be delegated under regulation 57BA, 57BB or 57BC, or this power of delegation) to:

                (a)    an officer of the Navy who holds the rank of Captain or a higher rank; or

               (b)    an officer of the Army who holds the rank of Colonel or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Group Captain or a higher rank; or

               (d)    an APS employee with the classification level of at least Executive Level 2 or an equivalent classification; or

                (e)    an APS employee who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (d).

57BA      Delegation of power to authorise defence operation or practice involving Defence Force only

         (1)   This regulation applies to the power under regulation 51 to authorise an operation or practice in which no members of the armed forces of a country other than Australia are to take part.

         (2)   The Secretary may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank; or

               (d)    an APS employee with the classification level of at least Executive Level 1 or an equivalent classification; or

                (e)    an APS employee who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (d).

         (3)   The Chief of the Defence Force may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

         (4)   A Service Chief may delegate, in writing, the power mentioned in subregulation (1):

                (a)    in the case of the Chief of Navy ¾ to an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank;

               (b)    in the case of the Chief of Army ¾ to an officer of the Army who holds the rank of Major or a higher rank;

                (c)    in the case of the Chief of Air Force ¾ to an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

57BB      Delegation of power to authorise joint defence operation or practice

         (1)   This regulation applies to the power under regulation 51 to authorise a defence operation or practice in which members of the Defence Force and the armed forces of a country other than Australia are to take part.

         (2)   The Secretary may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer in the Navy who holds the rank of Commodore or a higher rank; or

               (b)    an officer in the Army who holds the rank of Brigadier or a higher rank; or

                (c)    an officer in the Air Force who holds the rank of Air Commodore or a higher rank; or

               (d)    an SES employee or acting SES employee performing duty in the Department.

         (3)   The Chief of the Defence Force may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer in the Navy who holds the rank of Commodore or a higher rank; or

               (b)    an officer in the Army who holds the rank of Brigadier or a higher rank; or

                (c)    an officer in the Air Force who holds the rank of Air Commodore or a higher rank.

         (4)   A Service Chief may delegate, in writing, the power mentioned in subregulation (1):

                (a)    in the case of the Chief of Navy ¾ to an officer of the Navy who holds the rank of Commodore or a higher rank;

               (b)    in the case of the Chief of Army ¾ to an officer of the Army who holds the rank of Brigadier or a higher rank;

                (c)    in the case of the Chief of Air Force ¾ to an officer of the Air Force who holds the rank of Air Commodore or a higher rank.

57BC      Delegation of power to permit conduct that may disturb or interfere with the operation of equipment

         (1)   This regulation applies to the power under subregulation 53 (5) to permit a person to engage in conduct that may or will disturb, or interfere with, the operation of equipment the installation of which is authorised under subregulation 49 (4).

         (2)   The Secretary may delegate, in writing, a power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank; or

               (d)    an APS employee with the classification level of at least Executive Level 1 or an equivalent classification; or

                (e)    an APS employee who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (d).

         (3)   The Chief of the Defence Force may delegate, in writing, a power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

         (4)   A Service Chief may delegate, in writing, a power mentioned in subregulation (1):

                (a)    in the case of the Chief of Navy ¾ to an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank;

               (b)    in the case of the Chief of Army ¾ to an officer of the Army who holds the rank of Major or a higher rank;

                (c)    in the case of the Chief of Air Force ¾ to an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

[8]           Subregulation 58 (3)

substitute

         (3)   A person must not remove, or interfere with, a survey mark placed upon land in the course of a survey carried out under this regulation.

Penalty:   1 penalty unit.

[9]           Regulation 80

substitute

80            Offences in relation to complaints

         (1)   A member is guilty of an offence if he or she prevents or dissuades another member from:

                (a)    making a complaint; or

               (b)    requesting the referral of a complaint; or

                (c)    investigating a complaint; or

               (d)    referring a complaint; or

                (e)    redressing a grievance; or

                (f)    taking any other action in relation to this Part.

Penalty:   5 penalty units or imprisonment for 3 months.

         (2)   A member is guilty of an offence if he or she causes another member to be victimised, penalised or prejudiced in any way for:

                (a)    making a complaint; or

               (b)    requesting the referral of a complaint.

Penalty:   5 penalty units or imprisonment for 3 months.


Notes

1.       These Regulations amend Statutory Rules 1952 No. 29, as amended by 1953 Nos. 61 and 62; 1958 No. 38; 1963 No. 133; 1968 No. 14; 1976 Nos. 52 and 106; 1980 Nos. 95 and 244; 1981 Nos. 177 and 352; 1982 No. 271; 1983 No. 129; 1984 No. 392; 1985 Nos. 88, 118, 131, 156, 235 and 331; 1986 No. 101; 1987 No. 113; 1988 Nos. 58, 89, 321 and 322; 1989 Nos. 203, 275, 290 and 302; 1990 No. 92; 1995 Nos. 51 and 69; 1996 No. 177; 1997 Nos. 40 and 257; 1998 Nos. 5 and 63; 1999 Nos. 117 and 235; 2000 Nos. 82 and 263; 2001 No. 305; 2002 No. 278.

2.       Notified in the Commonwealth of Australia Gazette on 19 December 2002.