Defence Force Amendment Regulations 2011 (No. 1)¹

I, QUENTIN BRYCE, 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 10 March 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

DAVID FEENEY

1              Name of Regulations

                These Regulations are the Defence Force Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Defence Force Regulations 1952

                Schedule 1 amends the Defence Force Regulations 1952.

Schedule 1        Amendments

(regulation 3)

[1]           After Part 15

insert

Part 15A             Defence Honours and Awards Appeals Tribunal

93A         Definitions

                In this Part:

defence award — see regulation 93C.

defence honour — see regulation 93B.

Note   Several other words and expressions used in these Regulations have the meaning given by section 110T of the Act, for example:

·      Chair

·      foreign award

·      procedural rules

·      reviewable decision

·      review of a reviewable decision

·      Tribunal member.

93B         Meaning of defence honour

                For section 110T of the Act, an honour mentioned in Part 1 of Schedule 3 is a defence honour.

93C         Meaning of defence award

                For section 110T of the Act, an award mentioned in Part 2 of Schedule 3 is a defence award.

93D         Disclosure of information

         (1)   A person commits an offence if:

                (a)    the person discloses information; and

               (b)    the information:

                          (i)    is obtained by the person as a member of the Tribunal, or as a person or organisation assisting the Tribunal; and

                         (ii)    is part of or relates to an application for review of a reviewable decision.

Penalty:   20 penalty units.

         (2)   Subregulation (1) does not apply if:

                (a)    the disclosure of the information is permitted or required by the Act or the procedural rules; or

               (b)    the disclosure of the information is the subject of an order under section 110XD of the Act; or

                (c)    the disclosure of the information is only by or to the person to whom the information relates; or

               (d)    the disclosure of the information is authorised by the person to whom the information relates.

93E         Remuneration

         (1)   For subsection 110YE (1) of the Act, the remuneration payable to the Chair is $945 a day.

         (2)   For subsection 110YE (1) of the Act, the remuneration payable to another Tribunal member is $685 a day.

93F         Travel allowance

                For subsection 110YE (2) of the Act, the rate of travel allowance payable to a Tribunal member is in accordance with the Tier 2 rate under the Remuneration Tribunal Determination 2004/03.

[2]           After Schedule 2

insert

Schedule 3        Defence honours and awards

(regulations 93B and 93C)

Part 1          Defence honours

Part 2          Defence awards

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.