Commonwealth Consolidated Regulations

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DEFENCE (VISITING FORCES) REGULATIONS 1963 - REG 13

Extension of investigative powers to visiting force of Japan

Members of a visiting force of Japan

  (1)   For the purposes of subsection   16(1) of the Act, a power that would be exercisable, with respect to a member of the Defence Force, under Part   VI of the Defence Force Discipline Act 1982 by an authority or person is exercisable by that authority or person with respect to a member of a visiting force of Japan if:

  (a)   the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence member; and

  (b)   Japan requests the investigation.

Members of a civilian component of a visiting force of Japan

  (2)   For the purposes of subsection   16(1) of the Act, a power that would be exercisable, with respect to a defence civilian, under Part   VI of the Defence Force Discipline Act 1982 by an authority or person is exercisable by that authority or person with respect to a member of a civilian component of a visiting force of Japan if:

  (a)   the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence civilian; and

  (b)   Japan advises that the member is subject to the jurisdiction of a Japanese service tribunal; and

  (c)   Japan requests the investigation.

Definitions

  (3)   In this regulation:

"defence civilian" has the same meaning as in the Defence Force Discipline Act 1982 .

" Defence Force Discipline Act service offence" means a service offence within the meaning of the Defence Force Discipline Act 1982 .

"defence member" has the same meaning as in the Defence Force Discipline Act 1982 .



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