Defence (Visiting Forces) Amendment Regulation 2012 (No. 1)1
Select Legislative Instrument 2012 No. 26
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Defence (Visiting Forces) Act 1963.
Dated 8 March 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
NICOLA ROXON
1 Name of regulation
This regulation is the Defence (Visiting Forces) Amendment Regulation 2012 (No. 1).
2 Commencement
This regulation commences on the day after it is registered.
3 Amendment of Defence (Visiting Forces) Regulations 1963
Schedule 1 amends the Defence (Visiting Forces) Regulations 1963.
Schedule 1 Amendments
(section 3)
[1] Regulations 3 to 5
substitute
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.
[2] Regulation 11
substitute
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.
[3] After regulation 12
insert
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
[4] Schedule, heading
substitute
Schedule 3 Form
(subregulation 11 (4))
[5] Schedule, form
omit
19 .
insert
20 .
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.