Statutory Rules

1976 No. 37

REGULATIONS UNDER THE DEFENCE ACT 1903-1975.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Defence Act 1903-1975.

Dated this thirtieth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

D. J. KILLEN

Minister of State for Defence.

Amendments of the Australian Rifle Club Regulations†

Commencement.

1. These Regulations shall come into operation on 9 February 1976.

2. Regulations 7 and 8 of the Australian Rifle Club Regulations are repealed and the following regulations substituted:—

Director of Australian Rifle Clubs.

“ 7. There shall be a Director of Australian Rifle Clubs who shall be appointed by the Minister and shall be responsible for the control and administration of the Australian Rifle Clubs and for the co-ordination and supervision of—

(a) the implementation throughout the Australian Rifle Clubs of the orders and instructions issued by the Minister under regulation 81;

(b) matters relating to the National Rifle Association of Australia, to the Australian Small Bore Rifle Association, to State Small Bore Rifle Associations, to District Rifle Associations or to District Small Bore Rifle Associations; and

(c) such other matters as the Minister from time to time directs.

Control and Administration of Rifle Clubs.

“ 8. The Australian Rifle Clubs shall be controlled and administered by the Director of Australian Rifle Clubs.

Appointment of Staff to assist Director of Australian Rifle Clubs.

“ 8a. The Minister may appoint—

(a) an Inspector of Rifle Clubs in each Military District; and

(b) such Inspectors of rifle ranges, range clerks and staff as he considers necessary for the efficient administration of the Australian Rifle Clubs.”.

3. Regulation 10 of the Australian Rifle Club Regulations is repealed and the following regulation substituted:—

Duties of Inspectors of Rifle Clubs.

“ 10. An Inspector of Rifle Clubs shall co-ordinate and supervise, within the Military District for which he has been appointed—

(a) the implementation of orders and instructions issued by the Minister;

(b) the activities in that Military District of any State Rifle Association, State Small Bore Association, District Rifle Association or District Small Bore Rifle Association;

(c) the activities in that Military District of rifle clubs and their members: and

(d) such other matters as the Director of Australian Rifle Clubs or the Regional Secretary from time to time direct.”.

Oath or affirmation.

4. Regulation 19 of the Australian Rifle Club Regulations is amended by omitting from sub-regulation (1) all words from and including the word “ OATH ” and substituting the following words:—

“ OATH

I,  do swear that I will be faithful and bear a true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will faithfully observe the rules of the rifle club for the time being in force and that I will carry out the lawful instructions of the duly appointed captain of the club.

AFFIRMATION

I,  do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will faithfully observe the rules of the rifle club for the time being in force and that I will carry out the lawful instructions of the duly appointed captain of the club.”.

5. Regulation 30 of the Australian Rifle Club Regulations is repealed and the following regulation substituted:—

Discipline and Safety.

“ 30. (1) The captain of a rifle club may issue or cause to be issued such instructions as are reasonably necessary for the maintenance of good order and discipline of any shoot or general or committee meeting of the rifle club.

“ (2) The members of a rifle club shall comply with the lawful instructions of the captain of the rifle club.”.

District and Small Bore Rifle Associations.

6. Regulation 67 of the Australian Rifle Club Regulations is amended—

(a) by omitting from sub-regulation (1) the word “ Secretary ” and substituting the word “ Minister ”;

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) Each rifle club, other than a small bore rifle club, shall affiliate with the District Rifle Association specified by the Minister.”;

(c) by omitting from sub-regulation (3) the word “ Secretary ” and substituting the word “ Minister ”;

(d) by omitting from sub-regulation (3) the words “ Miniature Rifle Club Unions ” and substituting the words “ Small Bore Rifle Associations ”;

(e) by omitting sub-regulation (4) and substituting the following sub-regulation:—

“ (4) Each small bore rifle club shall affiliate with the Small Bore Rifle Association specified by the Minister.”; and

(f) by omitting sub-regulations (5), (6) and (7).

Heading.

7. The Australian Rifle Club Regulations are amended by omitting the heading “Australian Council of State Rifle Associations” before regulation 69.

Council of the National Rifle Association.

8. Regulation 69 of the Australian Rifle Club Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:—

“ (1) There shall be a Council of the National Rifle Association of Australia which shall consist of—

(a) two representatives of each State Rifle Association elected in accordance with the rules of that Association; and

(b) the Chief Instructor, Army School of Infantry.”;

(b) by omitting from sub-regulation (2) the word “ Secretary ” and substituting the word “ Minister ”;

(c) by omitting from sub-regulation (2) the words “ of these Regulations ”; and

(d) by omitting from sub-regulation (2) the words “ Australian Council of State Rifle Associations ” and substituting the words “ Council of the National Rifle Association ”.

Heading.

9. The Australian Rifle Club Regulations are amended by omitting the heading “ State Rifle Associations ” before regulation 73.

Council of State Rifle Associations.

10. Regulation 74 of the Australian Rifle Club Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:—

“ (1) A State Rifle Association shall be managed by a Council consisting of one representative each of the Navy, Army and Air Force appointed by the respective Commanders in that State and the number of representatives representing District Rifle Associations and rifle clubs in that State specified in the rules of the State Rifle Association for that State elected in accordance with those rules.”.

State Small Bore Rifle Association.

11. Regulation 76 of the Australian Rifle Club Regulations is repealed and the following regulation substituted:—

“ 76. (1) Subject to sub-regulation (2), there shall be a State Small Bore Rifle Association in each State which shall be managed by a Council consisting of the number of representatives of Small Bore Rifle Associations and small bore rifle clubs in the State specified in the rules of that State Small Bore Rifle Association elected in accordance with those rules.

“ (2) The Australian Small Bore Rifle Association shall be governed by a Council consisting of 2 representatives from each State Small Bore Rifle Association elected in accordance with the rules of that Association they represent.

“ (3) The Council of the Australian Small Bore Rifle Association may make rules for the conduct of its affairs and for the conduct of rifle shooting competitions promoted by it.

“ (4) A rule made under sub-regulation (3) does not take effect until it is approved by the Minister.

“ (5) The Australian Small Bore Rifle Association may approve the division of a State into 2 or more parts and the formation of a State Small Bore Rifle Association in each of those parts.

“ (6) The Council of a State Small Bore Rifle Association for a State may make rules, not inconsistent with these Regulations—

(a) for the conduct of its affairs;

(b) for the conduct of rifle shooting competitions promoted by it; and

(c) with respect to the formation, government and functions of small bore rifle clubs in the state.

“ (7) A rule made under sub-regulation (6) does not take effect until it is approved by the Minister.

Incorporation of Associations.

“ 76a. (1) The National Rifle Association, the Australian Small Bore Rifle Association and each State Rifle Association and State Small Bore Rifle Association, as the case may be, shall each, upon the adoption by it of a constitution approved by the Minister, be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.

“ (2) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the National Rifle Association of Australia, the Australian Small Bore Rifle Association and each State Rifle Association and State Small Bore Rifle Association, as the case may be, affixed to any document or notice,

“ (3) Subject to sub-regulation (4), the sealholders of a body corporate constituted by these Regulations shall be the Chairman, Secretary and Treasurer of the Council of that body corporate and any other member of the Council appointed by the Council for that purpose.

“ (4) The Sealholders of a body corporate constituted by these Regulations shall not affix that seal otherwise than in accordance with the rules of that body corporate.

Continuation of old rules.

“ 76b. (1) The rules of the association known as the Australian Small Bore Rifle Association in force immediately before the commencement of this regulation shall be deemed to be the rules of the Australian Small Bore Rifle Association, being the association incorporated under regulation 72, made immediately after the commencement of this regulation under sub-regulation 76 (3).

“ (2) Subject to sub-regulation 76 (3) the rules of an association established in a State and known as the State Small Bore Rifle Association of that State in force immediately before the commencement of this regulation shall be deemed to be rules of the State Small Bore Rifle Association of that State, being the association incorporated under regulation 76, made immediately after the commencement of this regulation under sub-regulation 76 (6).”.

Canteens.

12. Regulation 79 of the Australian Rifle Club Regulations is amended by omitting sub-regulation (3) and the following sub-regulation is substituted:—

“ (3) A Council or Committee referred to in sub-regulation (1) may by resolution authorize one or more persons to sign the contract referred to in sub-regulation (2) on behalf of that Council or Committee, as the case may be.”.

13. The Australian Rifle Club Regulations are amended by adding at the end thereof the following regulations:—

Licencing Requirement not to apply.

“ 80. It shall not be necessary for a member of a rifle club under or by reason of any law of a State or Territory to obtain or have any licence or permission for—

(a) the keeping, selling or permitting the sale of or consumption of intoxicating liquor in accordance with these Regulations;

(b) the supplying or selling of intoxicating liquor to members of the Defence Force or of rifle clubs;

(c) the use of rifles and other firearms on rifle ranges; and

(d) the possession, use and carriage by a member of a rifle club of such rifles and other firearms as are approved for use on a rifle range.

Minister’s orders and instructions.

“ 81. The Minister may issue orders and instructions for and in relation to the control and administration of Australian Rifle Clubs and in particular for—

(a) the acquisition of property for use as a rifle range;

(b) the use of and conduct of activities on a rifle range;

(c) the prohibition, approval, restriction and control of the use and types of rifles and other firearms used on a rifle range;

(d) the conditions under which a member of a rifle club may possess, have in his possession, carry and use a rifle or other firearm approved for use on a rifle range;

(e) the standards of safety to be observed on a rifle range;

(f) the design, construction, reconstruction, repair and maintenance of a rifle range and the equipment and facilities located at a rifle range; and

(g) the duties and responsibilities, where not otherwise prescribed, of the persons appointed by the Minister under regulation 7 or 8a.”.

Amendments of the Australian Rifle Club Regulations.

14. The Australian Rifle Club Regulations are amended as set out in the following table:—