This instrument is the Defence (Visiting Forces) Amendment Regulations 2023.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) the day after this instrument is registered; and (b) the day the Agreement between Australia and Japan Concerning the Facilitation of Reciprocal Access and Cooperation Between the Australian Defence Force and the Self‑Defense Forces of Japan, done at Canberra and Tokyo on 6 January 2022, comes into force for Australia. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The Minister must announce, by notifiable instrument, the day the agreement comes into force for Australia.	13 August 2023 (paragraph (b) applies) (F2023N00241)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Defence (Visiting Forces) Act 1963.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Defence (Visiting Forces) Regulations 1963

1 Subregulation 6(3)

Omit “Singapore or Papua New Guinea”, substitute “Singapore, Papua New Guinea or Japan”.

2 Paragraph 6(4)(a)

After “America”, insert “or Japan”.

3 Subregulation 6(4)

Omit “by the United States of America”, substitute “by the sending country in relation to the visiting force”.

4 Subregulation 6(5)

Repeal the subregulation, substitute:

(5) For the purposes of paragraph 16(2)(b) of the Act, the immunities conferred by paragraph 123(1)(b) of the Defence Act 1903 on members of the Defence Force are conferred on members of the civilian component of a visiting force of Japan as if references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the civilian component of the visiting force.

(6) Subregulations (2), (3), (4) and (5) do not limit each other.

5 After regulation 12

Insert:

13 Extension of investigative powers to visiting force of Japan

Members of a visiting force of Japan

(1) For the purposes of subsection 16(1) of the Act, a power that would be exercisable, with respect to a member of the Defence Force, under Part VI of the Defence Force Discipline Act 1982 by an authority or person is exercisable by that authority or person with respect to a member of a visiting force of Japan if:

(a) the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence member; and

(b) Japan requests the investigation.

Members of a civilian component of a visiting force of Japan

(2) For the purposes of subsection 16(1) of the Act, a power that would be exercisable, with respect to a defence civilian, under Part VI of the Defence Force Discipline Act 1982 by an authority or person is exercisable by that authority or person with respect to a member of a civilian component of a visiting force of Japan if:

(b) Japan advises that the member is subject to the jurisdiction of a Japanese service tribunal; and

Definitions

(3) In this regulation:

defence civilian has the same meaning as in the Defence Force Discipline Act 1982.

Defence Force Discipline Act service offence means a service offence within the meaning of the Defence Force Discipline Act 1982.

defence member has the same meaning as in the Defence Force Discipline Act 1982.