Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 2782

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903, the Naval Defence Act 1910, the Air Force Act 1923 and the Defence Forces Retirement Benefits Act 1948.

Dated 14 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

DANNA VALE

Minister for Veterans’ Affairs

Contents

 1 Name of Regulations 

 2 Commencement 

 3 Amendment of Defence Force Regulations 1952

 4 Amendment of Defence Forces Retirement Benefits Regulations             

 5 Amendment of Defence (Inquiry) Regulations 1985

 6 Amendment of Defence (Prohibited Words and Letters) Regulations 1957

Schedule 1 Amendments of Defence Force Regulations 1952

Schedule 2 Amendments of Defence Forces Retirement Benefits Regulations             

Schedule 3 Amendments of Defence (Inquiry) Regulations 1985

Schedule 4 Amendments of Defence (Prohibited Words and Letters) Regulations 1957

1 Name of Regulations

  These Regulations are the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Regulations 2002 (No. 1).

2 Commencement

  These Regulations commence on 1 December 2002.

3 Amendment of Defence Force Regulations 1952

  Schedule 1 amends the Defence Force Regulations 1952.

4 Amendment of Defence Forces Retirement Benefits Regulations

  Schedule 2 amends the Defence Forces Retirement Benefits Regulations.

5 Amendment of Defence (Inquiry) Regulations 1985

  Schedule 3 amends the Defence (Inquiry) Regulations 1985.

6 Amendment of Defence (Prohibited Words and Letters) Regulations 1957

  Schedule 4 amends the Defence (Prohibited Words and Letters) Regulations 1957.

Schedule 1 Amendments of Defence Force Regulations 1952

(regulation 3)

[1] Paragraph 11C (2) (b)

omit

the Emergency Forces or the Reserve Forces

insert

the Reserves

[2] Regulation 58A

substitute

58A Definition for Part 12A

  In this Part:

member means a member of the Defence Force (including the Reserves) rendering continuous full-time service.

[3] Subregulation 68 (2)

omit

the Emergency Forces or the Reserve Forces

insert

the Reserves

[4] Paragraph 72A (1) (b)

substitute

 (b) the payment of allowances or other pecuniary benefits, not being allowances or benefits by way of remuneration, to or in respect of members or cadets, including the payment of additional compensation to members of the Reserves to whom compensation is payable under the Safety, Rehabilitation and Compensation Act 1988;

Schedule 2 Amendments of Defence Forces Retirement Benefits Regulations

(regulation 4)

[1] Paragraph 20 (1) (c)

after

Permanent Military Forces

insert

or the Permanent Forces

[2] Subregulation 20 (4)

after

the Australian Regular Army

insert

, or an officer in a part of the Permanent Forces other than the Australian Army,

[3] Paragraph 21 (1) (a)

omit

Permanent Military Forces

insert

Permanent Forces

Schedule 3 Amendments of Defence (Inquiry) Regulations 1985

(regulation 5)

[1] Subregulation 53 (2)

omit

the Reserve Forces

insert

the Reserves

[2] Subregulation 53 (3)

omit

the Reserve Forces

insert

the Reserves

Schedule 4 Amendments of Defence (Prohibited Words and Letters) Regulations 1957

(regulation 6)

[1] Paragraph 2 (a)

omit

the Schedule,

insert

Schedule 1,

[2] Paragraph 2 (b)

omit

the Schedule,

insert

Schedule 1,

[3] Subregulation 3 (1)

omit

the Schedule

insert

Schedule 1

[4] Regulation 4

substitute

4 Consent

 (1) The Minister may:

 (a) consent to the use of the word, words or group of letters; or

 (b) refuse the application.

 (2) The Minister must have regard to the following matters when considering the application:

 (a) the purposes, constitution and structure of the applicant;

 (b) the trade, business, calling or profession of the applicant;

 (c) the financial resources of the applicant, to the extent that those resources affect its ability to use the words or group of letters in its trade, business, calling or profession;

 (d) if the applicant has previously received a consent under these Regulations — the way in which the applicant used the words or group of letters to which the consent related;

 (e) the period for which consent is sought.

 (3) The Minister may have regard to other matters, relating to the protection and use of the words or group of letters to which the application relates, when considering the application.

 (4) Consent may be given subject to conditions about the following matters:

 (a) notifying the Minister about any change to:

 (i) the purposes, constitution or structure of the organisation or body; or

 (ii) the trade, business, calling or profession of the applicant; or

 (iii) any other matter, to the extent that the change may affect the ability of the organisation or body to use the words or group of letters in its trade, business, calling or profession;

 (b) the period for which consent is given;

 (c) the way in which the applicant may, or may not, use the words or group of letters to which the consent relates;

 (d) the protection and use of the words or group of letters to which the consent relates.

 (5) Application may be made to the Administrative Appeals Tribunal for review of a decision to refuse an application for consent, or a decision relating to a condition.

[5] Schedule

substitute

Schedule 1 Prohibited words and letters

(regulation 2)

Part 1 Australian Navy

Part 2 Australian Army

Part 3 Australian Air Force

Part 4 Words applicable to more than 1 Service

__________________________________________________             

Notes

1. These Regulations amend (in Schedule 1) Statutory Rules 1952 No. 29, as amended by 1953 Nos. 61 and 62; 1958 No. 38; 1963 No. 133; 1968 No. 14; 1976 Nos. 52 and 106; 1980 Nos. 95 and 244; 1981 Nos. 177 and 352; 1982 No. 271; 1983 No. 129; 1984 No. 392; 1985 Nos. 88, 118, 131, 156, 235 and 331; 1986 No. 101; 1987 No. 113; 1988 Nos. 58, 89, 321 and 322; 1989 Nos. 203, 275, 290 and 302; 1990 No. 92; 1995 Nos. 51 and 69; 1996 No. 177; 1997 Nos. 40 and 257; 1998 Nos. 5 and 63; 1999 Nos. 117 and 235; 2000 Nos. 82 and 263; 2001 No. 305.

 These Regulations also amend (in Schedule 2) Statutory Rules 1949 No. 60, as amended by 1950 No. 14; 1951 No. 1 11; 1954 Nos. 14 and 45; 1956 No. 25; 1959 No. 104; 1964 Nos. 84, 114 and 162; 1965 Nos. 6,37 and 161; 1966 Nos. 39, 97 and 134; 1967 No. 26; 1968 No. 80; 1969 Nos. 8, 48 and 130; 1970 Nos. 55 and 161; 1971 Nos. 66, 71, 74 and 127; 1972 Nos. 34, 140, 152 and 157; 1976 No. 28; 1992 No. 93.

 These Regulations also amend (in Schedule 3) Statutory Rules 1985 No. 114, as amended by 1987 No. 36; 1990 Nos. 10 and 207; 1997 No. 43; 2000 No. 327; 2001 No. 278.

 These Regulations also amend (in Schedule 4) Statutory Rules 1957 No. 16, as amended by 1976 No. 51; 1981 No. 102; 1990 No. 378; 2000 No. 41; 2001 No. 305.

2. Notified in the Commonwealth of Australia Gazette on 21 November 2002.