Andrew Wallace (Fisher, Liberal Party) Share this | Hansard source

I am speaking on one of the acts that the bill is going to trigger, in terms of the standard provisions of the regulatory powers act—the Defence Force Discipline Act. I accept that I may be straying just a little. The measures represent the second coordinated tranche, as I've said, of amendments to Commonwealth acts to trigger the operation of the regulatory powers act. Schedule 2 will make minor amendments to the regulatory powers act to ensure that the regulatory requirements and underlying penalty and offence provisions of acts that trigger the regulatory powers act can be effectively enforced. Those amendments would enable the use of monitoring powers in relation to matters, rather than only in relation to a provision—I am directly on point here—or information given in compliance with a provision, and update the description of offence provisions and the description of provisions relating to infringement notices which might apply to contravention of both a civil penalty and criminal offence provision to ensure consistency throughout the regulatory powers act and to respond to recent drafting practices.

Now—I'm sorry, that was schedule 1. Schedule 2 is in relation to the Defence Force Discipline Act. The Defence Force Discipline Act creates a system for the enforcement and maintenance of good order and discipline in the Australian Defence Force. The Defence Force Discipline Act also serves to ensure the effectiveness, efficiency and morale of the ADF, and consequently the defence of the nation and public confidence. The DFDA does this through creating a discipline system, which includes a disciplinary offence code—sometimes referred to as service offences. All ADF members are subject to the DFDA in certain situations. A specified category of civilian persons, defence civilians and prisoners of war are also subject to the DFDA. The DFDA currently establishes a framework that allows for the investigation of service offences under the DFDA. The framework includes extensive investigation powers that are appropriate and necessary within a military context. However, the exercise of many of these powers is confined to service land. This application limits the practical scope of the existing investigation powers. Further, many of the investigation powers themselves have not changed to take account of the evolving nature of military life and offending.

Schedule 2 amends the DFDA to trigger the investigation provisions in part 3 of the regulatory powers act, to enable investigation of alleged service offences on premises which are not service land—that is, civilian premises and public places. Triggering part 3 of the regulatory powers act provides a supplementary suite of investigation powers to those currently available under part 6 of the DFDA that are more appropriate for application on non-service land. The availability of investigation powers that can be used on civilian premises and in public places is necessary, as service offences and the evidence required to investigate those offences—bank statements, real estate records, CCTV footage and other things—may not be located on service land. The amendments in schedule 2 are necessary in order to ensure that evidential material can be obtained, wherever it is located, either with the consent of the occupier of the premises or the owner of the thing, or by executing a warrant.

I'm going to allow my learned friend to jump up shortly and speak to some of the other acts that this bill will impact upon. But I am very proud to stand here today in support of this bill, particularly because it will not just assist in the proper and effective discipline of those serving in the ADF; it will also help people like my fisherpeople—fishermen and fisherwomen operating in Fisher, out of fishing boats on the Sunshine Coast. This government is all about reducing regulatory red tape, and this bill does exactly that. I commend the bill to the House.

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