Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE FORCE DISCIPLINE AMENDMENT RULES 2001 (NO. 1) 2001 NO. 330

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 330

Issued by the authority of the Acting Judge Advocate General

Defence Force Discipline Act 1982

Defence Force Discipline Amendment Rules 2001 (No. 1)

The Defence Force Discipline Rules ("the Rules") made under the Defence Force Discipline Act 1982 ("the Act") set out the practice and procedure to be followed by service tribunals exercising power under the Act.

The Act was one of a number of statutes within the Defence portfolio that was amended by the Defence Legislation Amendment (Application of Criminal Code) Act 2001. The purpose of the amendments was to harmonise the offence-creating provisions within Defence portfolio legislation with the general principles of criminal responsibility as codified in Chapter 2 of the Criminal Code Act 1995 ("the Code"). The amendments also ensure that the offences continue to operate as intended by Parliament after 15 December 2001. One specific effect of these amendments on the Act is the renaming of some offences set out in the Act and renumbering of some provisions of the Act.

Schedule 1 to the Rules lists, for the purposes of Rule 9(4), the statement of each offence contained in the Act. This Statutory Rule repeals and replaces Schedule 1 to the Rules. In particular, technical amendments are made to existing statements of offences and new statements of offences are added. Some provision numbers are also amended. A summary of the changes is set out in the Attachment to this Explanatory Statement.

This Statutory Rule comes into effect on 15 December 2001.

ATTACHMENT

Amendments to Schedule 1 Defence Force Discipline Rules

Part 1 of Schedule 1

Items 1 to 140 set out a sufficient manner of statement of each offence-creating provision within the amended Act

Part 2 of Schedule 1

Item 1 sets out a sufficient manner of statement of a charge under subregulation 25B(2) of the Defence Force Discipline Regulations 1985

Part 3 of Schedule 1

Items 1 to 5 set out a sufficient manner of a statement of a charge for ancillary offences (as provided by subsection 3(13) of the Act) by virtue of section 11 of the Code.


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