[pic] Defence (Visiting Forces) Regulations 1963 Statutory Rules 1963 No. 134 as amended made under the Defence (Visiting Forces) Act 1963 This compilation was prepared on 14 March 2012 taking into account amendments up to SLI 2012 No. 26 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of Regulations [see Note 1] 3 2 Commencement [see Note 1] 3 3 Definition 3 4 Declaration - countries within Commonwealth of Nations 3 5 Declaration - other countries to which Act applies 3 6 Application to visiting forces of law relating to Defence Force 3 9 Summons to give evidence before, or produce documents to, service tribunal 4 10 Duties of person summoned before a service tribunal 4 11 Civil detention of arrested persons 4 12 Witnesses before service tribunals 5 Schedule 1 Countries within Commonwealth of Nations 7 Schedule 2 Other countries to which Act applies 8 Schedule 3 Form 9 Form Warrant for the temporary detention in a civil detention facility of a person charged with an offence 9 Notes 10 1 Name of Regulations [see Note 1] These Regulations are the Defence (Visiting Forces) Regulations 1963. 2 Commencement [see Note 1] These regulations shall come into operation on the day on which the Act comes into operation. 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. 6 Application to visiting forces of law relating to Defence Force (1) The immunities conferred by section 70 of the Defence Act 1903 on members of the Defence Force and vehicles used by members of the Defence Force are conferred on members of a visiting force sent to Australia by a country in relation to which section 16 of the Act applies and vehicles used by members of that force. (2) The immunities conferred by subsection 123 (1) of the Defence Act 1903 on members of the Defence Force are conferred on members of a visiting force sent to Australia by a country in relation to which section 16 of the Act applies as if: (a) references to the Defence Force in subsection 123 (1) of the Defence Act 1903 were references to that force; and (b) the reference in paragraph 123 (1) (a) of that Act to the Commonwealth included a reference to that country. 9 Summons to give evidence before, or produce documents to, service tribunal (1) The power to summon witnesses to give evidence and produce documents conferred by section 138 of the Defence Force Discipline Act 1982 shall, subject to the condition specified in subregulation (2), be exercisable, with respect to the service tribunals of a visiting force of a country in relation to which section 8 of the Act applies, by: (a) an appropriate authority within the meaning of the Defence Force Discipline Act 1982; or (b) an officer who holds a rank not below the rank of Commander in the Navy, Lieutenant Colonel in the Army or Wing Commander in the Air Force. (2) The condition subject to which the power to summon a witness shall be exercisable by an appropriate authority or an officer referred to in subregulation (1) is that the authority or officer, as the case requires, is satisfied that the person requesting the issue of the summons has paid or will pay the reasonable expenses of the witness in attending before the service tribunal. 10 Duties of person summoned before a service tribunal Sections 86 and 87 of the Defence Act 1903 have effect in relation to a person who has been lawfully summoned to attend a service tribunal of a visiting force to give evidence or produce documents, to the extent to which they would have effect if the visiting force were a part of the Defence Force. 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. 12 Witnesses before service tribunals (1) A service tribunal of a visiting force of a country in relation to which section 8 of the Act applies may receive evidence on oath from a person not subject to the jurisdiction of the service tribunal who appears as a witness before the tribunal, whether the person has been summoned or appears without being summoned, and for this purpose a member of the tribunal may administer an oath to the person. (2) Where a witness conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions that are asked him. (3) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath. (4) A person referred to in subregulation (1) who appears as a witness before a service tribunal has the same protection as a witness in a matter before the High Court. 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 Schedule 3 Form (subregulation 11 (4)) Form Warrant for the temporary detention in a civil detention facility of a person charged with an offence COMMONWEALTH OF AUSTRALIA Defence (Visiting Forces) Act 1963 WARRANT FOR THE TEMPORARY DETENTION IN A CIVIL DETENTION FACILITY OF A PERSON CHARGED WITH AN OFFENCE To (description of person in charge of civil detention facility) at (address) I, (full name of person issuing warrant), being a person authorized to issue warrants for the temporary detention in a civil detention facility of persons charged with offences before the service tribunal of , do, by this warrant, authorize the temporary detention of (full name and description of person to be detained in civil detention facility), a person charged with an offence triable by a service tribunal of , in (name of civil detention facility) and order you, , to receive into your custody at and detain for a period not exceeding 7 days. Dated this day of 20 . (Signature of officer authorized to issue warrant) Notes to the Defence (Visiting Forces) Regulations 1963 Note 1 The Defence (Visiting Forces) Regulations 1963 (in force under the Defence (Visiting Forces) Act 1963) as shown in this compilation comprise Statutory Rules 1963 No. 134 amended as indicated in the Tables below. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification|commencement |saving or | | | | |transitional| | |in Gazette | |provisions | | |or FRLI | | | | |registration| | | |1963 No. 134|13 Dec 1963 |15 Dec 1963 (see | | | | |r. 2 and Gazette | | | | |1963, p. 4577) | | |1965 No. 2 |8 Jan 1965 |8 Jan 1965 |- | |1966 No. 28 |10 Feb 1966 |10 Feb 1966 |- | |1970 No. 202|17 Dec 1970 |17 Dec 1970 |- | |1973 No. 10 |25 Jan 1973 |25 Jan 1973 |- | |1975 No. 182|12 Sept 1975|R. 2: 16 Sept |- | | | |1975 | | | | |Remainder: 12 | | | | |Sept 1975 | | |1976 No. 45 |6 Feb 1976 |9 Feb 1976 |- | |1983 No. 130|5 Aug 1983 |15 Aug 1983 |- | |1985 No. 159|5 July 1985 |3 July 1985 (see |- | | | |Gazette 1985, | | | | |No. S255) | | |1989 No. 213|7 Aug 1989 |7 Aug 1989 |- | |1994 No. 407|13 Dec 1994 |13 Dec 1994 |- | |1997 No. 73 |14 Apr 1997 |14 Apr 1997 |- | |1999 No. 218|22 Sept 1999|22 Sept 1999 |- | |1999 No. 233|13 Oct 1999 |13 Oct 1999 |- | |2003 No. 117|19 June 2003|19 June 2003 |- | |2008 No. 187|19 Sept 2008|20 Sept 2008 |- | | |(see | | | | |F2008L03468)| | | |2012 No. 26 |13 Mar 2012 |14 Mar 2012 |- | | |(see | | | | |F2012L00562)| | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |rs. 1999 No. 218 | |R. 3A |ad. 1976 No. 45 | | |rep. 1997 No. 73 | |R. 3 |rs. 2012 No. 26 | |R. 4 |rs. 1973 No. 10 | | |am. 1975 No. 182; 1983 No. 130; 1994 | | |No. 407; 1999 No. 218; 1999 No. 233 | | |rs. 2012 No. 26 | |R. 5 |am. 1976 No. 45; 1983 No. 130; 1999 | | |No. 218 | | |rs. 1994 No. 407 | | |am. 1999 No. 233; 2003 No. 117 | | |rs. 2012 No. 26 | |R. 5A |ad. 1965 No. 2 | | |am. 1966 No. 28; 1976 No. 45 | | |rep. 1983 No. 130 | |R. 6 |am. 1976 No. 45; 1989 No. 213; 1997 | | |No. 73 | |R. 7 |am. 1976 No. 45 | | |rep. 1983 No. 130 | |R. 8 |rep. 1983 No. 130 | |R. 9 |ad. 1966 No. 28 | | |am. 1976 No. 45; 1985 No. 159; 2008 | | |No. 187 | |R. 10 |ad. 1966 No. 28 | | |rs. 1985 No. 159 | |R. 11 |ad. 1966 No. 28 | | |am. 1976 No. 45 | | |rs. 1985 No. 159; 2012 No. 26 | |R. 12 |ad. 1966 No. 28 | | |am. 1976 No. 45 | |R. 13 |ad. 1970 No. 202 | | |rep. 1976 No. 45 | |Schedule 1 | | |Schedule 1 |ad. 2012 No. 26 | |Schedule 2 | | |Schedule 2 |ad. 2012 No. 26 | |Schedule 3 | | |Heading to The |rep. 1976 No. 45 | |Schedule | | |Heading to |ad. 1976 No. 45 | |Schedule | | | |rep. 2012 No. 26 | |Heading to |ad. 2012 No. 26 | |Schedule 3 | | |The Schedule |ad. 1965 No. 2 | |Heading to Form 1 |ad. 1966 No. 28 | |Form 1 |am.1966 No. 28; 1976 No. 45 | | |rep. 1983 No. 130 | |Form 2 |ad. 1966 No. 28 | | |am. 1976 No. 45 | | |rep. 1985 No. 159 | |Form |ad. 1985 No. 159 | | |am. 2012 No. 26 |