Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE DISCIPLINE AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 7

Statutory Rules 2002 No. 7

Minute No 2 of 2002 - Minister for Veterans' Affairs

Subject - Defence Force Discipline Act 1982

Defence Force Discipline Amendment Regulations 2002 (No. 1)

Section 197 of the Defence Force Discipline Act 1982 empowers the Governor-General to make regulations prescribing matters that are required or permitted by that Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The Regulations make two minor technical corrections to the Defence Force Discipline Regulations 1985 (the Principal Regulations). The technical corrections arise out of amendments made to the Principal Regulations by the Defence Legislation Amendment (Application of Criminal Code) Regulations 2001 (No.1) which harmonised the Principal Regulations with Chapter 2 of the Criminal Code Act 1995. The proposed Regulations:

•       Replace a reference to penalty units in subregulation 25B(2) of the Principal Regulations, which creates an offence in relation to radar devices, with a reference to a $500 fine, in line with other penalties set out in the Defence Force Discipline Act 1982

•       Correct a reference in subregulation 44(a) of the Principal Regulations to ensure that subregulation 44(a) will continue to apply to stealing and receiving offences created by section 47C and section 47P respectively of the Defence Force Discipline Act 1982.

The Regulations commence on gazettal.

Authority: Section 197 of the Defence Force Discipline Act 1982