Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Regulations 2002 (No. 1)1
Statutory Rules 2002 No. 2782
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, the Naval Defence Act 1910, the Air Force Act 1923 and the Defence Forces Retirement Benefits Act 1948.
Dated 14 November 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
DANNA VALE
Minister for Veterans’ Affairs

Contents
	1	Name of Regulations	2
	2	Commencement	2
	3	Amendment of Defence Force Regulations 1952	2
	4	Amendment of Defence Forces Retirement Benefits Regulations	3
	5	Amendment of Defence (Inquiry) Regulations 1985	3
	6	Amendment of Defence (Prohibited Words and Letters) Regulations 1957	3
Schedule 1	Amendments of Defence Force Regulations 1952	4
Schedule 2	Amendments of Defence Forces Retirement Benefits Regulations	6
Schedule 3	Amendments of Defence (Inquiry) Regulations 1985	7
Schedule 4	Amendments of Defence (Prohibited Words and Letters) Regulations 1957	8

1	Name of Regulations
		These Regulations are the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Regulations 2002 (No. 1).
2	Commencement
		These Regulations commence on 1 December 2002.
3	Amendment of Defence Force Regulations 1952
		Schedule 1 amends the Defence Force Regulations 1952.
4	Amendment of Defence Forces Retirement Benefits Regulations
		Schedule 2 amends the Defence Forces Retirement Benefits Regulations.
5	Amendment of Defence (Inquiry) Regulations 1985
		Schedule 3 amends the Defence (Inquiry) Regulations 1985.
6	Amendment of Defence (Prohibited Words and Letters) Regulations 1957
		Schedule 4 amends the Defence (Prohibited Words and Letters) Regulations 1957.

Schedule 1	Amendments of Defence Force Regulations 1952
(regulation 3)
  
[1]	Paragraph 11C (2) (b)
omit
the Emergency Forces or the Reserve Forces 
insert
the Reserves
[2]	Regulation 58A
substitute
58A	Definition for Part 12A
		In this Part: 
member means a member of the Defence Force (including the Reserves) rendering continuous full-time service. 
[3]	Subregulation 68 (2)
omit
the Emergency Forces or the Reserve Forces 
insert
the Reserves 
[4]	Paragraph 72A (1) (b)
substitute
	(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 the payment of additional compensation to members of the Reserves to whom compensation is payable under the Safety, Rehabilitation and Compensation Act 1988;

Schedule 2	Amendments of Defence Forces Retirement Benefits Regulations
(regulation 4)
  
[1]	Paragraph 20 (1) (c)
after
Permanent Military Forces
insert
or the Permanent Forces
[2]	Subregulation 20 (4)
after
the Australian Regular Army
insert
, or an officer in a part of the Permanent Forces other than the Australian Army,
[3]	Paragraph 21 (1) (a)
omit
Permanent Military Forces
insert
Permanent Forces

Schedule 3	Amendments of Defence (Inquiry) Regulations 1985
(regulation 5)
  
[1]	Subregulation 53 (2)
omit
the Reserve Forces
insert
the Reserves
[2]	Subregulation 53 (3)
omit
the Reserve Forces
insert
the Reserves

Schedule 4	Amendments of Defence (Prohibited Words and Letters) Regulations 1957
(regulation 6)
  
[1]	Paragraph 2 (a)
omit
the Schedule,
insert
Schedule 1,
[2]	Paragraph 2 (b)
omit
the Schedule,
insert
Schedule 1,
[3]	Subregulation 3 (1)
omit
the Schedule
insert
Schedule 1
[4]	Regulation 4
substitute
4	Consent
	(1)	The Minister may:
	(a)	consent to the use of the word, words or group of letters; or
	(b)	refuse the application.
	(2)	The Minister must have regard to the following matters when considering the application:
	(a)	the purposes, constitution and structure of the applicant;
	(b)	the trade, business, calling or profession of the applicant;
	(c)	the financial resources of the applicant, to the extent that those resources affect its ability to use the words or group of letters in its trade, business, calling or profession;
	(d)	if the applicant has previously received a consent under these Regulations — the way in which the applicant used the words or group of letters to which the consent related;
	(e)	the period for which consent is sought.
	(3)	The Minister may have regard to other matters, relating to the protection and use of the words or group of letters to which the application relates, when considering the application.
	(4)	Consent may be given subject to conditions about the following matters:
	(a)	notifying the Minister about any change to:
	(i)	the purposes, constitution or structure of the organisation or body; or
	(ii)	the trade, business, calling or profession of the applicant; or
	(iii)	any other matter, to the extent that the change may affect the ability of the organisation or body to use the words or group of letters in its trade, business, calling or profession; 
	(b)	the period for which consent is given; 
	(c)	the way in which the applicant may, or may not, use the words or group of letters to which the consent relates; 
	(d)	the protection and use of the words or group of letters to which the consent relates.
	(5)	Application may be made to the Administrative Appeals Tribunal for review of a decision to refuse an application for consent, or a decision relating to a condition.
[5]	Schedule
substitute
Schedule 1	Prohibited words and letters
(regulation 2)
Part 1	Australian Navy

Item	Prohibited words	Prohibited letters	
101	Australian Navy		
102	Her Majesty’s Australian Ship	HMAS	
103	Her Majesty’s Australian Ships	HMA Ships	
104	Naval		
105	Naval Emergency Reserve Forces	NERF	
106	Naval Forces		
107	Naval Reserve		
108	Navy		
109	Permanent Naval Forces		
110	Royal Australian Navy	RAN	
111	Royal Australian Naval Reserve	RANR	
112	Royal Australian Fleet Reserve	RAFR	
Part 2	Australian Army

Item	Prohibited words	Prohibited letters	
201	Australian Army		
202	Australian Army Reserve		
203	Australian Flying Corps	AFC	
204	Australian Imperial Forces	AIF	
205	Australian Military Forces	AMF	
206	Australian Regular Army	ARA	
207	Army Reserve		
208	Permanent Military Forces		
209	Regular Army		
210	Regular Army Emergency Reserve		
211	Regular Army Supplement		
Part 3	Australian Air Force

Item	Prohibited words	Prohibited letters	
301	Air Force		
302	Air Force Reserve		
303	Air Force Emergency Force	AFEF 	
304	Australian Air Force Reserve	AAFR	
305	Permanent Air Force	PAF	
306	Royal Australian Air Force	RAAF	
Part 4	Words applicable to more than 1 Service

Item	Prohibited words	Prohibited letters	
401	Active Reserve		
402	Australian Defence Force	ADF	
403	Australian Defence Force Reserves		
404	Defence Force		
405	Defence Force Reserves		
406	Defence Reserves		
407	High Readiness Active Reserve		
408	High Readiness Reserve		
409	High Readiness Specialist Reserve	 	
410	Permanent Forces		
411	Reserve Forces		
412	Specialist Reserve		
413	Standby Reserve		

Notes
1.	These Regulations amend (in Schedule 1) 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.
	These Regulations also amend (in Schedule 2) Statutory Rules 1949 No. 60, as amended by 1950 No. 14; 1951 No. 1 11; 1954 Nos. 14 and 45; 1956 No. 25; 1959 No. 104; 1964 Nos. 84, 114 and 162; 1965 Nos. 6,37 and 161; 1966 Nos. 39, 97 and 134; 1967 No. 26; 1968 No. 80; 1969 Nos. 8, 48 and 130; 1970 Nos. 55 and 161; 1971 Nos. 66, 71, 74 and 127; 1972 Nos. 34, 140, 152 and 157; 1976 No. 28; 1992 No. 93.
	These Regulations also amend (in Schedule 3) Statutory Rules 1985 No. 114, as amended by 1987 No. 36; 1990 Nos. 10 and 207; 1997 No. 43; 2000 No. 327; 2001 No. 278.
	These Regulations also amend (in Schedule 4) Statutory Rules 1957 No. 16, as amended by 1976 No. 51; 1981 No. 102; 1990 No. 378; 2000 No. 41; 2001 No. 305.
2.	Notified in the Commonwealth of Australia Gazette on 21 November 2002.