Federal Register of Legislation - Australian Government

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SLI 2012 No. 26 Regulations as made
This regulation adds India, Iraq, Japan, the Netherlands, Qatar and the United Arab Emirates to the list of countries to which the Defence (Visiting Forces) Act 1963 applies, and makes minor amendments to modernise the drafting of the Defence (Visiting Forces) Regulations 1963.
Administered by: Attorney-General's
Registered 13 Mar 2012
Tabling HistoryDate
Tabled HR14-Mar-2012
Tabled Senate14-Mar-2012
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Defence (Visiting Forces) Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 26

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Defence (Visiting Forces) Act 1963.

Dated 8 March 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICOLA ROXON


1              Name of regulation

                This regulation is the Defence (Visiting Forces) Amendment Regulation 2012 (No. 1).

2              Commencement

                This regulation commences on the day after it is registered.

3              Amendment of Defence (Visiting Forces) Regulations 1963

                Schedule 1 amends the Defence (Visiting Forces) Regulations 1963.


Schedule 1        Amendments

(section 3)

 

[1]           Regulations 3 to 5

substitute

3              Definition

                In these Regulations:

Act means the Defence (Visiting Forces) Act 1963.

4              Declaration — countries within Commonwealth of Nations

                For paragraph 6 (1) (a) of the Act, each country mentioned in Schedule 1 is a country within the Commonwealth of Nations.

5              Declaration — other countries to which Act applies

                For subsection 6 (2) of the Act, all of the provisions of the Act have effect for each country mentioned in Schedule 2.

[2]           Regulation 11

substitute

11            Civil detention of arrested persons

         (1)   This regulation applies to a member of a visiting force of a country if:

                (a)    section 8 of the Act applies to the country; and

               (b)    the member is charged with an offence that may be tried by a service tribunal of the visiting force.

         (2)   For section 16 of the Act:

                (a)    subsection 94 (1) of the Defence Force Discipline Act 1982 applies to the member as if the member were a person arrested under that Act; and

               (b)    subsection 94 (2) of the Defence Force Discipline Act 1982 applies to the member as if the member were:

                          (i)    a person arrested under that Act; and

                         (ii)    in the custody of a member of the Defence Force.

         (3)   For section 16 of the Act, if a commanding officer or the senior member mentioned in paragraph 94 (2) (b) of the Defence Force Discipline Act 1982 certifies as mentioned in that paragraph in relation to the member, the officer or senior member must issue a warrant for the temporary detention of the member in a civil detention facility.

         (4)   A warrant under subregulation (3) must be in accordance with the form in Schedule 3.

         (5)   In this regulation:

civil detention facility has the meaning given by subsection 3 (1) of the Defence Force Discipline Act 1982.

[3]           After regulation 12

insert

Schedule 1        Countries within Commonwealth of Nations

(regulation 4)


Bangladesh

Brunei Darussalam

Canada

India

Kenya

Malaysia

Mozambique

New Zealand

Pakistan

Papua New Guinea

Singapore

South Africa

Sri Lanka

Tonga

United Kingdom

Zimbabwe


Schedule 2        Other countries to which Act applies

(regulation 5)


Argentina

Brazil

Cambodia

Chile

China

Czech Republic

Denmark

East Timor

Egypt

Fiji

France

Germany

Hungary

Indonesia

Iraq

Ireland

Italy

Japan

Jordan

Nepal

Netherlands

Norway

Poland

Portugal

Qatar

Republic of Korea

Republic of the Philippines

Spain

Sweden

Thailand

Turkey

United Arab Emirates

United States of America

Uruguay


[4]           Schedule, heading

substitute

Schedule 3        Form

(subregulation 11 (4))

  

 [5]          Schedule, form

omit

19           .

insert

20   .


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.