Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Defence (Visiting Forces) Regulations 1963
1 Subregulation 6(3)
Omit "Singapore or Papua New Guinea", substitute "Singapore, Papua New Guinea or Japan".
2 Paragraph 6(4)(a)
After "America", insert "or Japan".
3 Subregulation 6(4)
Omit "by the United States of America", substitute "by the sending country in relation to the visiting force".
4 Subregulation 6(5)
Repeal the subregulation, substitute:
(5) For the purposes of paragraph 16(2)(b) of the Act, the immunities conferred by paragraph 123(1)(b) of the Defence Act 1903 on members of the Defence Force are conferred on members of the civilian component of a visiting force of Japan as if references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the civilian component of the visiting force.
(6) Subregulations (2), (3), (4) and (5) do not limit each other.
5 After regulation 12
Insert:
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 .