Defence (Visiting Forces) Regulations 1963

Statutory Rules No. 134, 1963

made under the

Defence (Visiting Forces) Act 1963

Compilation No. 11

Compilation date:    31 March 2015

Includes amendments up to: SLI No. 116, 2014

Registered:    8 April 2015

About this compilation

This compilation

This is a compilation of the Defence (Visiting Forces) Regulations 1963 that shows the text of the law as amended and in force on 31 March 2015 (the compilation date).

This compilation was prepared on 7 April 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of Regulations

2 Commencement

3 Definition

4 Declaration—countries within Commonwealth of Nations

5 Declaration—other countries to which Act applies

6 Immunities relating to tolls and permissions etc.

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 1—Countries within Commonwealth of Nations

Schedule 2—Other countries to which Act applies

Schedule 3—Form

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

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of Regulations

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

2  Commencement

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

3  Definition

  In these Regulations:

Act means the Defence (Visiting Forces) Act 1963.

4  Declaration—countries within Commonwealth of Nations

  For paragraph 6 (1) (a) of the Act, each country mentioned in Schedule 1 is a country within the Commonwealth of Nations.

5  Declaration—other countries to which Act applies

  For subsection 6 (2) of the Act, all of the provisions of the Act have effect for each country mentioned in Schedule 2.

6  Immunities relating to tolls and permissions etc.

 (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) For paragraph 16(2)(b) of the Act, 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 as if:

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

 (b) the reference in paragraph 123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.

 (3) For paragraph 16(2)(b) of the Act, the immunities conferred by subsection 123(1) of the Defence Act 1903 on members of the Defence Force, to the extent that those immunities relate to the use, possession or registration of a vehicle, are conferred on members of a civilian component of a visiting force of the United States of America, Singapore or Papua New Guinea as if:

 (a) references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the relevant civilian component of the relevant visiting force; and

 (b) the reference in paragraph 123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.

 (4) For paragraph 16(2)(b) of the Act:

 (a) a member of a visiting force of the United States of America; or

 (b) a member of a civilian component of such a visiting force;

is not bound by any law of a State or Territory that would require the member to have permission (whether in the form of a licence or otherwise) to use or to have in his or her possession, or would require the member to register, a vehicle hired or leased by the United States of America.

 (5) Subregulation (4) does not limit subregulation (2) or (3).

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) an appropriate 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 an appropriate 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) This regulation applies to a member of a visiting force of a country if:

 (a) section 8 of the Act applies to the country; and

 (b) the member is charged with an offence that may be tried by a service tribunal of the visiting force.

 (2) For section 16 of the Act:

 (a) subsection 94 (1) of the Defence Force Discipline Act 1982 applies to the member as if the member were a person arrested under that Act; and

 (b) subsection 94 (2) of the Defence Force Discipline Act 1982 applies to the member as if the member were:

 (i) a person arrested under that Act; and

 (ii) in the custody of a member of the Defence Force.

 (3) For section 16 of the Act, if a commanding officer or the senior member mentioned in paragraph 94 (2) (b) of the Defence Force Discipline Act 1982 certifies as mentioned in that paragraph in relation to the member, the officer or senior member must issue a warrant for the temporary detention of the member in a civil detention facility.

 (4) A warrant under subregulation (3) must be in accordance with the form in Schedule 3.

 (5) In this regulation:

civil detention facility has the meaning given by subsection 3 (1) of 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 1—Countries within Commonwealth of Nations

(regulation 4)

Bangladesh

Brunei Darussalam

Canada

India

Kenya

Malaysia

Mozambique

New Zealand

Pakistan

Papua New Guinea

Singapore

South Africa

Sri Lanka

Tonga

United Kingdom

Zimbabwe

Schedule 2—Other countries to which Act applies

(regulation 5)

Argentina

Brazil

Cambodia

Chile

China

Czech Republic

Denmark

East Timor

Egypt

Fiji

France

Germany

Hungary

Indonesia

Iraq

Ireland

Italy

Japan

Jordan

Nepal

Netherlands

Norway

Poland

Portugal

Qatar

Republic of Korea

Republic of the Philippines

Spain

Sweden

Thailand

Turkey

United Arab Emirates

United States of America

Uruguay

Schedule 3—Form

(subregulation 11 (4))

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 thisday of 20   .

(Signature of officer authorized
to issue warrant)

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history