Defence (Visiting Forces) Regulations 1963

Statutory Rules 1963 No. 134 as amended

made under the

Defence (Visiting Forces) Act 1963

This compilation was prepared on 19 June 2003
taking into account amendments up to SR 2003 No. 117

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1] 

 2 Commencement [see Note 1] 

 3 Interpretation 

 4 Declaration of countries within the Commonwealth 

 5 Declaration of other countries under section 6 of the Act 

 6 Application to visiting forces of law relating to Defence Force             

 9 Summons to give evidence before, or produce documents to, service tribunal             

 10 Duties of person summoned before a service tribunal 

 11 Civil detention of arrested persons 

 12 Witnesses before service tribunals 

Schedule  

Form Warrant for the temporary detention in a civil detention facility of a person charged with an offence             

Notes  

1 Name of Regulations [see Note 1]

  These Regulations are the Defence (Visiting Forces) Regulations 1963.

2 Commencement [see Note 1]

  These regulations shall come into operation on the day on which the Act comes into operation.

3 Interpretation

  In these regulations, the Act means the Defence (Visiting Forces) Act 1963.

4 Declaration of countries within the Commonwealth

  The following countries are declared to be, for the purposes of the Act, countries within the Commonwealth of Nations:

  Bangladesh;

  Brunei Darussalam;

  Canada;

  Kenya;

  Malaysia;

  Mozambique;

  New Zealand;

  Pakistan;

  Papua New Guinea;

  Singapore;

  South Africa;

  Sri Lanka;

  Tonga;

  United Kingdom of Great Britain and Northern Ireland;

  Zimbabwe.

5 Declaration of other countries under section 6 of the Act

  The following countries are declared under section 6 of the Act to be countries in relation to which all the provisions of the Act have effect:

 (a) the Kingdom of Cambodia;

 (b) the Republic of Fiji;

 (c) the Republic of Indonesia;

 (d) the Republic of the Philippines;

 (e) the Kingdom of Thailand;

 (f) the United States of America;

 (g) Brazil;

 (h) Chile;

 (i) Egypt;

 (j) France;

 (k) Ireland;

 (l) Italy;

 (m) Nepal;

 (n) Norway;

 (o) Portugal;

 (p) Republic of Korea;

 (q) Spain;

 (r) Sweden;

 (s) Argentina;

 (t) China;

 (u) Czech Republic;

 (v) Denmark;

 (w) Germany;

 (x) Hungary;

 (y) Jordan;

 (z) Poland;

 (za) Uruguay;

 (zb) Turkey;

 (zc) Democratic Republic of Timor-Leste (East Timor).

6 Application to visiting forces of law relating to Defence Force

 (1) The immunities conferred by section 70 of the Defence Act 1903 on members of the Defence Force and vehicles used by members of the Defence Force are conferred on members of a visiting force sent to Australia by a country in relation to which section 16 of the Act applies and vehicles used by members of that force.

 (2) The immunities conferred by subsection 123 (1) of the Defence Act 1903 on members of the Defence Force are conferred on members of a visiting force sent to Australia by a country in relation to which section 16 of the Act applies as if:

 (a) references to the Defence Force in subsection 123 (1) of the Defence Act 1903 were references to that force; and

 (b) the reference in paragraph 123 (1) (a) of that Act to the Commonwealth included a reference to that country.

9 Summons to give evidence before, or produce documents to, service tribunal

 (1) The power to summon witnesses to give evidence and produce documents conferred by section 138 of the Defence Force Discipline Act 1982 shall, subject to the condition specified in subregulation (2), be exercisable, with respect to the service tribunals of a visiting force of a country in relation to which section 8 of the Act applies, by:

 (a) a convening authority within the meaning of the Defence Force Discipline Act 1982; or

 (b) an officer who holds a rank not below the rank of Commander in the Navy, Lieutenant Colonel in the Army or Wing Commander in the Air Force.

 (2) The condition subject to which the power to summon a witness shall be exercisable by a convening authority or an officer referred to in subregulation (1) is that the authority or officer, as the case requires, is satisfied that the person requesting the issue of the summons has paid or will pay the reasonable expenses of the witness in attending before the service tribunal.

10 Duties of person summoned before a service tribunal

  Sections 86 and 87 of the Defence Act 1903 have effect in relation to a person who has been lawfully summoned to attend a service tribunal of a visiting force to give evidence or produce documents, to the extent to which they would have effect if the visiting force were a part of the Defence Force.

11 Civil detention of arrested persons

 (1) Section 94 of the Defence Force Discipline Act 1982 applies with respect to a member of a visiting force of a country in relation to which section 8 of the Act applies charged with an offence triable by a service tribunal of the visiting force as if the member were a person arrested under the Defence Force Discipline Act 1982 and in the custody of a member of the Defence Force.

 (2) Where a commanding officer or the senior member of an escort issues a certificate under section 94 of the Defence Force Discipline Act 1982 with respect to a member of a visiting force of a country in relation to which section 8 of the Act applies charged with an offence triable by a service tribunal of the visiting force, the commanding officer or senior member, as the case may be, shall issue a warrant for the temporary detention of that member in a civil detention facility.

 (3) A warrant under subregulation (2) shall be in accordance with the Form in the Schedule.

 (4) In this regulation civil detention facility has the same meaning as in the Defence Force Discipline Act 1982.

12 Witnesses before service tribunals

 (1) A service tribunal of a visiting force of a country in relation to which section 8 of the Act applies may receive evidence on oath from a person not subject to the jurisdiction of the service tribunal who appears as a witness before the tribunal, whether the person has been summoned or appears without being summoned, and for this purpose a member of the tribunal may administer an oath to the person.

 (2) Where a witness conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions that are asked him.

 (3) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

 (4) A person referred to in subregulation (1) who appears as a witness before a service tribunal has the same protection as a witness in a matter before the High Court.

Schedule  

(regulation 11)

Form Warrant for the temporary detention in a civil detention facility of a person charged with an offence

COMMONWEALTH OF AUSTRALIA

Defence (Visiting Forces) Act 1963

WARRANT FOR THE TEMPORARY DETENTION IN A CIVIL DETENTION FACILITY OF A PERSON CHARGED WITH AN OFFENCE

To (description of person in charge of civil detention facility) at (address)

I, (full name of person issuing warrant), being a person authorized to issue warrants for the temporary detention in a civil detention facility of persons charged with offences before the service tribunal of             

 , do, by this warrant, authorize the temporary

detention of (full name and description of person to be detained in civil detention facility), a person charged with an offence triable by a service tribunal of              , in (name of civil detention

facility) and order you, , to receive

into your custody at and detain for a

period not exceeding 7 days.

Dated this day of 19 .

(Signature of officer authorized
to issue warrant)

Notes to the Defence (Visiting Forces) Regulations 1963

Note 1

The Defence (Visiting Forces) Regulations 1963 (in force under the Defence (Visiting Forces) Act 1963) as shown in this compilation comprise Statutory Rules 1963 No. 134 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments