Commonwealth Numbered Regulations - Explanatory Statements

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DEFENCE (VISITING FORCES) REGULATIONS (AMENDMENT) 1997 NO. 73

Statutory Rules 1997 No. 73

Issued by the Authority of the Attorney-General and Minister for Justice

Defence (Visiting Forces) Act 1963

Defence (Visiting Forces) Regulations (Amendment)

The Defence (Visiting Forces) Regulations ("the Principal Regulations"), made under the Defence (Visiting Forces) Act 1963, prescribe various matters relating to the application and administration of that Act.

Following new command arrangements in the Defence Force, the Defence Legislation Amendment Act (No. 1) 1997 ("the 1997 Act") amended the Defence Act 1903 to change the titles of the service chiefs, from Chief of Naval Staff, Chief of the General Staff and Chief of the Air Staff, to Chief of Navy, Chief of Army and Chief of Air Force, respectively. Consequential amendments were also made to references to the generic title "chief of staff" to change it to "service chief'. The 1997 Act also amended other Commonwealth Acts to change references to those titles. As the new generic title does not include the Chief of the Defence Force, specific reference to that title is included where necessary.

This Statutory Rule makes two drafting changes associated with the title change exercise. It amends the Principal Regulations by omitting regulation 3A, which contained the delegation powers of the chiefs of staff. As the sole substantive provision which referred to the three chiefs of staff was omitted in 1985, the delegation power was redundant. The Statutory Rule also makes a minor amendment by omitting a reference to the "Defence Act 1903-1956" in regulation 6 of the Principal Regulations and substituting "Defence Act 1903". There ate no references to the amended expressions in the remainder of the Principal Regulations.

The Statutory Rule comes into operation on the date of gazettal.