4Declaration—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.
5Declaration—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.
6Immunities relating to tolls and permissions etc.#
(1)The immunities conferred by section 70 of the Defence Act1903 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)For paragraph 16(2)(b) of the Act, 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 as if:
(a)references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the relevant visiting force; and
(b)the reference in paragraph 123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.
(3)For paragraph 16(2)(b) of the Act, the immunities conferred by subsection 123(1) of the Defence Act 1903 on members of the Defence Force, to the extent that those immunities relate to the use, possession or registration of a vehicle, are conferred on members of a civilian component of a visiting force of the United States of America, Singapore, Papua New Guinea or Japan as if:
(a)references to the Defence Force in subsection 123(1) of the Defence Act 1903 were references to the relevant civilian component of the relevant visiting force; and
(b)the reference in paragraph 123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.
(a)a member of a visiting force of the United States of America or Japan; or
(b)a member of a civilian component of such a visiting force;
is not bound by any law of a State or Territory that would require the member to have permission (whether in the form of a licence or otherwise) to use or to have in his or her possession, or would require the member to register, a vehicle hired or leased by the sending country in relation to the visiting force.
(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 or Papua New Guinea 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.
9Summons 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.
10Duties 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.
(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 Act1982 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.
(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.
13Extension of investigative powers to 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:
(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:
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