Document ID: chunk:federal_register_of_legislation:F2023C00738:reg:13
Version: federal_register_of_legislation:F2023C00738
Segment Type: reg
Provision Reference: reg 13
Character Range: 9471–11232

13  Extension of investigative powers to visiting force of Japan

Members of a 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:
 (a) the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence member; and
 (b) Japan requests the investigation.

Members of a civilian component of a visiting force of Japan
 (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:
 (a) the power is to be exercised for the purposes of investigating an offence against Japanese law that is equivalent to a Defence Force Discipline Act service offence that can be committed by a defence civilian; and
 (b) Japan advises that the member is subject to the jurisdiction of a Japanese service tribunal; and
 (c) Japan requests the investigation.

Definitions
 (3) In this regulation:
defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
Defence Force Discipline Act service offence means a service offence within the meaning of the Defence Force Discipline Act 1982.
defence member has the same meaning as in the Defence Force Discipline Act 1982.