Loi de 1903 sur la défense (version consolidée du 21 octobre 2016), Australie, WIPO Lex

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Anglais Defence Act 1903 (consolidated as of October 21, 2016)

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Defence Act 1903 (consolidated as of October 21, 2016)

Prepared by the Office of Parliamentary Counsel, Canberra

Defence Act 1903

No. 20, 1903

Compilation No. 68

Compilation date: 21 October 2016

Includes amendments up to: Act No. 61, 2016

Registered: 21 October 2016

Authorised Version C2016C00955 registered 21/10/2016

About this compilation

This compilation

This is a compilation of the Defence Act 1903 that shows the text of the law as

amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Contents

Part I—Introductory 1 1 Short title ...........................................................................................1

3 Commencement of Act ......................................................................1

4 Interpretation .....................................................................................1

5 Application of Act .............................................................................5

5A Extension of Act to Territories ..........................................................6

6 Application of the Criminal Code .....................................................6

7 Act does not appropriate money ........................................................6

Part II—Control and administration 7 8 The Minister ......................................................................................7

9 Command of the Defence Force ........................................................7

10 Administration of the Defence Force.................................................7

11 Defence Instructions..........................................................................8

12 Appointments ....................................................................................8

13 Acting appointments..........................................................................9

14 Resignation........................................................................................9

15 Termination of appointment ............................................................10

16 Remuneration and allowances .........................................................10

Part III—The Australian Defence Force 11

Division 1—Constitution of the Australian Defence Force 11

17 The Australian Defence Force .........................................................11

18 Royal Australian Navy ....................................................................11

19 Australian Army ..............................................................................11

20 Royal Australian Air Force..............................................................12

21 Ranks and corresponding ranks .......................................................13

Division 2—Service in the Defence Force 14

22 Voluntary entry................................................................................14

23 Service in the Permanent Forces......................................................14

24 Service in the Reserves....................................................................15

25 Training for Reserves ......................................................................15

26 Volunteer service by Reserves.........................................................15

27 Service is not a civil contract...........................................................15

Division 3—Calling out the Reserves 16

28 Governor-General may call out Reserves ........................................16

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29 Period of service during call out ......................................................17

Part IIIAAA—Utilisation of Defence Force to protect

Commonwealth interests and States and self-governing

Territories 19

Division 1—Calling out and directing utilisation of Defence

Force 19

51 Interpretation ...................................................................................19

51A Order about utilising Defence Force to protect

Commonwealth interests against domestic violence........................23

51AA Order about utilising Defence Force in the offshore area etc.

to protect Commonwealth interests .................................................25

51AB Order about utilising Defence Force to protect

Commonwealth interests against violence if specified

circumstances arise ..........................................................................29

51B Order about utilising Defence Force to protect State against

domestic violence ............................................................................32

51C Order about utilising Defence Force to protect

self-governing Territory against domestic violence.........................34

51CA Expedited call out ............................................................................36

51CB Declaration of designated critical infrastructure ..............................41

51D Chief of Defence Force to utilise Defence Force as directed...........42

51E Ministerial directions.......................................................................43

51F Assistance to, and cooperation with, State etc. ................................43

51G Restriction on certain utilisation of Defence Force..........................44

Division 2—Powers to recapture locations or things, prevent or

end acts of violence and protect persons from acts of

violence 45

51H Application of this Division and Division 4 ....................................45

51I Special powers of members of the Defence Force...........................45

Division 2A—Powers to protect designated critical

infrastructure 47

51IA Application of this Division and Division 4 ....................................47

51IB Powers to protect designated critical infrastructure .........................47

Division 3—General security area powers 49

Subdivision A—Application of this Division and Division 4 49

51J Application of this Division and Division 4 ....................................49

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Subdivision B—Powers that may be exercised anywhere in a

general security area 49

51K Declaration of general security area ................................................49

51L Authorisation to search premises in the general security area

for dangerous things ........................................................................50

51M Copy of search authorisation to be given to occupier etc. ...............52

51N Occupier etc. entitled to be present during search ...........................52

51O Search of means of transport in the general security area for

dangerous things..............................................................................53

51P Search of persons in the general security area for dangerous

things ...............................................................................................53

Subdivision C—Powers that may be exercised only in relation to a

designated area in the general security area 54

51Q Declaration of designated area.........................................................54

51R Control of movement in relation to a designated area in the

general security area ........................................................................54

51S Members to wear uniforms and identification when

exercising powers ............................................................................57

Division 3A—Powers in the Australian offshore area etc. 58

Subdivision A—Preliminary 58

51SA Application of this Division and Division 4 ....................................58

51SB Geographic application....................................................................58

51SC International obligations ..................................................................58

51SD Definitions.......................................................................................58

Subdivision B—Special powers of members of the Defence Force 59

51SE Special powers of members of the Defence Force...........................59

Subdivision C—Powers that may be exercised anywhere in an

offshore area 61

51SF Declaration of offshore general security area ..................................61

51SG Authorisation to search facilities in the offshore general

security area for dangerous and other things ...................................62

51SH Copy of offshore search authorisation to be given to occupier

etc. ...................................................................................................64

51SI Occupier etc. entitled to be present during search ...........................65

51SJ Search of vessel or aircraft in the offshore general security

area for dangerous or other things ...................................................65

51SK Search of persons in the offshore general security area for

dangerous and other things ..............................................................66

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Subdivision D—Powers that may be exercised only in relation to

an offshore designated area in the offshore general

security area 66

51SL Declaration of offshore designated area ..........................................66

51SM Control of movement in relation to an offshore designated

area in the offshore general security area ........................................67

51SN Members to wear uniforms and identification when

exercising powers ............................................................................70

Subdivision E—Other powers 71

51SO Power to require person to answer questions or produce

documents........................................................................................71

51SP Power to require person to operate facility, vessel or aircraft

or machinery or equipment..............................................................72

51SQ Geographical jurisdiction for offences.............................................72

Division 3B—Powers relating to aircraft 73

51SR Application of this Division and Division 4 ....................................73

51SS Geographical application.................................................................73

51ST Special powers of members of the Defence Force...........................73

Division 4—Provisions common to Divisions 2 to 3B 76

Subdivision A—Use of reasonable and necessary force 76

51T Use of reasonable and necessary force ............................................76

51U Persons to be informed of offence if detained .................................77

Subdivision B—Action to be taken if things are seized 78

51V Action to be taken if things are seized .............................................78

Subdivision C—Members not entitled to exercise powers if

obligations not complied with 79

51W Members not entitled to exercise powers if obligations not

complied with ..................................................................................79

Division 4A—Applicable criminal law 80

51WA Applicable criminal law...................................................................80

51WB Defence of superior orders in certain circumstances .......................80

Division 5—Miscellaneous 82

51X Publication of order and report ........................................................82

51XA Review of operation of Part.............................................................83

51XB Instruments that are not legislative instruments...............................85

51Y Part additional to other Defence Force utilisation and powers ........85

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Part IIIAA—Superannuation 86 52 Determination of benefit..................................................................86

52A Department’s employer superannuation contributions ....................87

52B Providing information to CSC in relation to invalidity....................88

53 Trustee of scheme providing superannuation benefit ......................89

Part IIIA—Remuneration, allowances and other benefits 90

Division 1—Determinations by the Minister 90

58A Interpretation ...................................................................................90

58B Minister may make determinations..................................................90

58E Delegation .......................................................................................92

Division 2—The Defence Force Remuneration Tribunal 94

58F Interpretation ...................................................................................94

58G Establishment of Defence Force Remuneration Tribunal ................95

58H Functions and powers of Tribunal ...................................................96

58HA Hearings in relation to discriminatory determinations.....................98

58HB Review of discriminatory determinations ........................................99

58J Reports by Tribunal.......................................................................100

58K Procedure of Tribunal....................................................................100

58KA Single member may conduct Tribunal’s business..........................101

58KB Procedure where single member is conducting Tribunal’s

business .........................................................................................102

58KC Review of action etc. of single member.........................................103

58KD Determinations giving effect to agreement between the

parties ............................................................................................104

58L Terms and tenure of office.............................................................104

58M Resignation....................................................................................104

58N Termination of appointment ..........................................................104

58P Acting appointments......................................................................104

58Q Fees and allowances ......................................................................105

Division 3—The Defence Force Advocate 106

58R Interpretation .................................................................................106

58S Defence Force Advocate ...............................................................106

58T Functions of Advocate...................................................................106

58U Tenure and terms of office.............................................................107

58V Resignation....................................................................................107

58W Termination of appointment ..........................................................107

58X Acting Defence Force Advocate....................................................107

58Y Fees and allowances ......................................................................107

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Part IV—Liability to serve in the Defence Force in time of war 109

Division 1—Liability to serve 109

59 Persons liable to serve in Defence Force in time of war ................109

60 Proclamation calling upon persons to serve in time of war ...........109

61 Registration and allotment for service ...........................................110

61A Persons exempt from service .........................................................110

61B Entry into Defence Force for service .............................................111

61C Part not to apply to certain persons................................................112

Division 2—Determination of conscientious belief 113

61CA Application for determination of conscientious belief...................113

61CB Secretary must refer application ....................................................113

61CC Function of Conscientious Objection Tribunals ............................113

61CD Parties to the hearing of an application..........................................114

61CE Notice of determination to be given to parties ...............................114

Division 3—Establishment and membership of Conscientious

Objection Tribunals 115

61CF Establishment of Conscientious Objection Tribunals ....................115

61CG Period of appointment of members................................................115

61CH Remuneration and allowances of members ...................................115

61CJ Other terms and conditions............................................................116

61CK Leave of absence ...........................................................................116

61CL Resignation....................................................................................116

61CM Removal from office......................................................................116

61CN Member of a Tribunal unavailable to complete proceeding ..........116

61CO Acting appointments......................................................................117

Division 4—Procedures of Conscientious Objection Tribunals 119

61CP Tribunals’ way of operating...........................................................119

61CQ Powers of Tribunals.......................................................................119

61CR Procedure of Tribunals ..................................................................119

61CS Majority decision...........................................................................120

61CT Procedure where opinion of members equally divided..................120

61CU Hearings ........................................................................................120

61CV Onus of proof.................................................................................121

61CW Protection of members and persons giving evidence etc. ..............121

61CX Fees for persons giving evidence...................................................121

61CY Failure of witness to attend............................................................121

61CZ Refusal to be sworn or to answer questions etc. ............................122

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61CZA Contempt of Tribunal ....................................................................124

Division 5—Reviews and appeals 125

61CZB Review of determinations of Conscientious Objection

Tribunals........................................................................................125

61CZC AAT Act to apply subject to modification.....................................125

61CZD Appeals from AAT ........................................................................126

61CZE Operation etc. of decision subject to appeal ..................................126

Part V—Australian Defence Force Cadets 128 62 Australian Defence Force Cadets ..................................................128

62A Direction and administration of the Cadets ...................................128

62B Chief of the Defence Force may make determinations ..................129

62C Relationship to the Defence Force.................................................129

62D Acceptance is not a civil contract ..................................................129

62E Annual report.................................................................................129

Part VI—Special powers in relation to defence 131 63 General powers for defence purposes ............................................131

64 Control of railways in time of war.................................................131

65 Railways to carry troops etc. when required..................................131

66 Conveyance by railway and tramway ............................................131

67 Registration and impressment of vehicles etc................................132

68 Billeting and quartering.................................................................132

70 Tolls...............................................................................................132

Part VIA—Security of defence premises 133

Division 1—Preliminary 133

71 Simplified outline ..........................................................................133

71A Definitions.....................................................................................134

Division 2—Defence security officials 137

71B Contracted defence security guards ...............................................137

71C Security authorised members of the Defence Force ......................138

71D Defence security screening employees ..........................................138

71E Identity cards .................................................................................139

71F Delegations relating to training and qualification

requirements ..................................................................................140

71G Delegations relating to identity cards ............................................141

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Division 3—Powers exercisable with consent at defence access

control points and on defence premises 143

Subdivision A—General provisions 143

71H Consensual identification and limited search—person about

to pass a defence access control point ...........................................143

71J Consensual search—vehicle, vessel or aircraft about to pass

a defence access control point .......................................................144

71K Consensual identification—person on defence premises...............145

Subdivision B—Special provisions for declared explosive

ordnance depots 145

71L Declared explosive ordnance depots..............................................145

71M Consensual search—person on a declared explosive

ordnance depot ..............................................................................147

71N Consensual search—vehicle, vessel or aircraft on a declared

explosive ordnance depot ..............................................................147

71P Powers additional to other powers.................................................148

Subdivision C—Offences 148

71Q Offences—search powers exercised without consent ....................148

Division 4—Powers exercisable without consent at defence

access control points and on defence premises 149

71R Non-consensual identification and search—person about to

pass a defence access control point................................................149

71S Non-consensual search—vehicle, vessel or aircraft about to

pass a defence access control point................................................150

71T Non-consensual identification and search—person on

defence premises ...........................................................................151

71U Non-consensual search—vehicle, vessel or aircraft on

defence premises ...........................................................................152

71V Offence—refusing to provide evidence etc. required under

this Division ..................................................................................153

71W Offence—hindering or obstructing a search under this

Division .........................................................................................153

71X Security authorised members of the Defence Force may

respond to attack............................................................................154

71Y Power to stop and detain................................................................154

71Z Powers are in addition to powers under this Part...........................154

Division 5—Seizure 155

72 Power to seize things on defence premises....................................155

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Division 6—Matters relating to exercise of powers under Part 156

72A Certain powers to be exercised only by security authorised

members of the Defence Force unless not reasonably

practicable .....................................................................................156

72B Defence security officials must produce identity cards, etc. ..........156

72C Persons to be informed of offence .................................................158

72D Conduct of searches and limited searches .....................................158

72E Use of equipment to examine things etc. .......................................158

72F Power to move certain unattended things on defence

premises.........................................................................................159

72G Use of reasonable and necessary force, etc. by defence

security officials ............................................................................159

72H Use of force involving death or grievous bodily harm by

security authorised members of the Defence Force in

responding to an attack ..................................................................160

72J Limit on power to restrain and detain............................................160

72K Limit on power to arrest ................................................................161

72L Powers not to be used to stop protests etc......................................161

72M Security authorised members of the Defence Force may use

dogs ...............................................................................................161

72N Persons assisting defence security officials ...................................162

Division 7—Other matters 163

72P Unauthorised entry etc. on defence premises or defence

accommodation .............................................................................163

72Q Certain information may be collected and provided to law

enforcement agencies etc. ..............................................................163

72R Compensation for acquisition of property .....................................164

72S Other powers not affected..............................................................164

Part VIB—The Woomera Prohibited Area 166 72T Definitions.....................................................................................166

72TA The Woomera Prohibited Area ......................................................167

72TB Application of this Part and Part VII of the Defence Force

Regulations 1952 ...........................................................................167

72TC Offence—being in the Woomera Prohibited Area without

permission .....................................................................................169

72TD Standing permission ......................................................................170

72TE Permits...........................................................................................170

72TF Minister’s permission ....................................................................171

72TG Offence—failing to comply with conditions .................................171

72TH Minister may suspend permission..................................................171

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72TJ Minister may give directions .........................................................172

72TK Compensation for acquisition of property .....................................172

72TL Compensation for loss or damage..................................................173

72TM Review of decisions.......................................................................173

72TN Delegation .....................................................................................174

72TP The Woomera Prohibited Area Rules ............................................175

Part VII—Offences 177 73A Unlawfully giving or obtaining information as to defences...........177

73F Penalty...........................................................................................177

79 Unlawfully disposing of arms etc. .................................................178

80A Falsely representing to be returned soldier, sailor or airman .........179

80B Improper use of service decorations ..............................................180

82 Sketching etc. of fortifications prohibited .....................................181

83 Unauthorised use, possession or supply of emblems or flags ........182

84 Penalty for bringing contempt on uniform.....................................184

Part VIII—Offences in relation to service tribunals 185 86 Failure of witness to appear...........................................................185

88 False or misleading evidence.........................................................185

89 Contempt of service tribunals etc. .................................................186

90 Failure to comply with order under section 140 of the

Defence Force Discipline Act 1982 ...............................................186

Part VIIIA—Testing for prohibited substances 188

Division 1—Preliminary 188

91 Application of Part ........................................................................188

92 Object of Part.................................................................................188

93 Definitions.....................................................................................188

93A Authorised person..........................................................................190

93B Determinations about prohibited substances and prohibited

substance tests ...............................................................................190

Division 2—Testing for prohibited substances 191

94 Requirement to undergo a prohibited substance test......................191

95 Conduct of testing..........................................................................191

96 Notice to person required to provide a sample ..............................191

Division 3—Return of a positive test result 192

98 Application ....................................................................................192

100 Notice to be given of a positive test result .....................................192

101 Termination or discharge...............................................................193

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102 Form and date of effect of termination or discharge......................195

103 Reduction in rank ..........................................................................195

104 Warning if a prohibited substance test returns a positive

result ..............................................................................................196

Division 4—Miscellaneous 197

106 Failure to provide sample ..............................................................197

107 Unauthorised acts in relation to sample .........................................197

108 Finding made as a result of testing not admissible in certain

criminal proceedings .....................................................................198

109 Defence Instructions......................................................................198

110 Other administrative action not precluded .....................................199

Part VIIIB—Inspector-General of the Australian Defence

Force 200

Division 1—Establishment and functions of the

Inspector-General of the Australian Defence Force 200

110A Object of Part.................................................................................200

110B Inspector-General of the Australian Defence Force.......................200

110C Functions of the Inspector-General ADF.......................................200

110DA Conduct of inquiry or investigation ...............................................202

110DB Inspector-General ADF may end an inquiry or investigation ........202

Division 2—Administrative provisions about the

Inspector-General of the Australian Defence Force 203

110E Appointment..................................................................................203

110F Qualifications for appointment ......................................................203

110G Tenure............................................................................................203

110H Resignation....................................................................................203

110I Remuneration ................................................................................204

110J Leave of absence ...........................................................................204

110K Engaging in other paid work..........................................................204

110L Termination of appointment ..........................................................204

110M Disclosure of interests ...................................................................205

110N Acting appointments......................................................................205

110O Staff ...............................................................................................206

110P Inquiry officers, inquiry assistants and Assistants IGADF ............206

Division 3—Other matters 208

110Q Protection from civil actions..........................................................208

110R Annual report by Inspector-General ADF .....................................208

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110S Delegation .....................................................................................208

Part VIIIC—Defence Honours and Awards Appeals Tribunal 209

Division 1—Preliminary 209

110T Definitions.....................................................................................209

Division 2—Establishment and functions of Defence Honours

and Awards Appeals Tribunal 211

110U Establishment of Tribunal .............................................................211

110UA Functions of Tribunal ....................................................................211

110UB Tribunal and Tribunal members not subject to direction ...............211

Division 3—Review of decisions by the Tribunal 212

110V What decisions are reviewable?.....................................................212

110VA Who can apply for review?............................................................212

110VB Review of decisions by the Tribunal .............................................213

110VC Power to dismiss review applications ............................................214

Division 4—Inquiries by the Tribunal 216

110W Minister may direct Tribunal to hold inquiry.................................216

Division 5—General provisions relating to operation of the

Tribunal 217

110X Role of the Chair ...........................................................................217

110XA Constitution of Tribunal for Tribunal proceedings ........................217

110XB What happens if a Tribunal member stops being available ...........218

110XC Summoning persons to give evidence or produce documents .......220

110XD Protection of confidential or sensitive evidence or

submissions etc..............................................................................221

110XE Formal requirements relating to decisions etc. of the

Tribunal .........................................................................................221

110XF Protection of Tribunal members and other persons .......................222

110XG Disclosure of interests by Tribunal members ................................223

110XH Procedural rules.............................................................................224

Division 6—Tribunal members 225

110Y Constitution of Tribunal ................................................................225

110YA Appointment of Tribunal members................................................225

110YB Period of appointment ...................................................................226

110YC Acting appointments......................................................................226

110YD Other employment .........................................................................227

110YE Remuneration ................................................................................227

110YF Leave .............................................................................................228

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110YG Resignation....................................................................................228

110YH Termination ...................................................................................228

110YI Other terms and conditions............................................................229

Division 7—Miscellaneous 230

110Z Regulations....................................................................................230

Part VIIID—Director of Defence Counsel Services 231 110ZA Director of Defence Counsel Services...........................................231

110ZB Functions and powers of the Director of Defence Counsel

Services .........................................................................................231

110ZC Delegation .....................................................................................232

110ZD Protection from action ...................................................................232

Part IX—Legal procedure 234 111 Subscription, arms etc. vested in commanding officer ..................234

111A Property of Rifle Club vested in Captain .......................................234

Part IXA—Provisions relating to the forces of other countries 235

Division 1—Interpretation 235

116A Interpretation .................................................................................235

Division 2—Attachment of personnel and mutual powers of

command 236

116B Attachment to the Defence Force of members of the forces

of another country and vice versa ..................................................236

116C Forces serving together..................................................................237

116D Corresponding ranks......................................................................239

Division 3—Absentees without leave 240

116E Interpretation .................................................................................240

116F Apprehension of absentees without leave......................................240

116G Detention of illegal absentee .........................................................241

116H Disposal of person in custody........................................................241

116J Evidence for the purposes of this Division ....................................242

116K Proof of facts by certificate ...........................................................243

Division 4—Miscellaneous 244

116M Delegation .....................................................................................244

Part IXB—Public areas of defence land 245 116P Interpretation .................................................................................245

116Q Public areas of defence land ..........................................................245

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116R Delegation .....................................................................................245

116S Appointment of rangers .................................................................246

116T Rangers ex officio ..........................................................................246

116U Identity cards .................................................................................246

116V Powers of arrest .............................................................................246

116W General powers of rangers .............................................................247

116X Seizure and forfeiture ....................................................................248

116Y Assaulting etc. rangers...................................................................249

116ZA Officers and employees of governments and authorities ...............249

116ZB Prosecution of offences .................................................................250

116ZC Concurrent operation of State and Territory laws..........................250

116ZD By-laws..........................................................................................250

Part IXC—Salvage claims 253 117 Interpretation .................................................................................253

117A Salvage claims by crew of Naval ships..........................................254

117AA Apportionment of salvage between the Commonwealth and

crew members................................................................................255

117AB Apportionment of salvage amongst crew members .......................256

Part X—Miscellaneous 257 117B Members and former members may bring actions for money

due in respect of service ................................................................257

118 Penalty against raising forces without authority ............................257

118A Employer not to prevent employee from serving...........................257

118B Enlistment of apprentices in time of war .......................................258

119 Forfeiture or suspension of salary in certain circumstances...........258

120 Notice etc. need not be in writing unless required herein ..............259

120A Delegation .....................................................................................259

120B Attachment of salaries of members ...............................................262

121 Proof of order ................................................................................266

121A Validation of declaration and past acts in relation to the

Woomera Prohibited Area .............................................................266

122 Appointments etc. not invalid because of defect etc. in

connection with appointment.........................................................267

122AA Taxation consequences of disposals of assets to defence

companies......................................................................................267

122A Immunity of Australian Defence Industries Pty Ltd from

certain State and Territory laws .....................................................268

122B Exercise of rights and discharge of duties and obligations by

legal officers ..................................................................................270

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123 Immunity from certain State and Territory laws............................270

123A Intoxicating liquor .........................................................................271

123B Religion .........................................................................................271

123F Certain persons not permitted to serve in Defence Force ..............272

123G Orders in relation to rifle ranges ....................................................272

123H Tactical payment scheme for activities of the Defence Force

outside Australia............................................................................273

123J Delegations in relation to the tactical payment scheme .................273

Part XI—Regulations 275 124 Regulations....................................................................................275

Schedule 1—Ranks and corresponding ranks 283 1 Ranks and corresponding ranks .....................................................283

Endnotes 285

Endnote 1—About the endnotes 285

Endnote 2—Abbreviation key 287

Endnote 3—Legislation history 288

Endnote 4—Amendment history 313

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Introductory Part I

Section 1

Defence Act 1903 1

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

An Act to provide for the Naval and Military

Defence and Protection of the Commonwealth and

of the several States

Part I—Introductory

1 Short title

This Act may be cited as the Defence Act 1903.

3 Commencement of Act

This Act shall commence on a day to be fixed by Proclamation.

4 Interpretation

(1) In this Act, unless the contrary intention appears:

AAT means the Administrative Appeals Tribunal.

AAT Act means the Administrative Appeals Tribunal Act 1975.

accused person has the same meaning as in the Defence Force

Discipline Act 1982.

administration of the Defence Force: see subsection 10(2).

Aircraft—Includes aeroplanes, seaplanes, balloons, kite balloons,

airships and other machines for flying.

Aircraft Material—Includes any engines, fittings, guns, gear,

instruments, ammunition, bombs or apparatus for use in connexion

with aircraft, and any components or accessories of aircraft, and

petrol and any other substance used for providing motive power for

aircraft, and lubricating oil.

Air Force means the Royal Australian Air Force.

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Part I Introductory

Section 4

2 Defence Act 1903

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Air Force Reserve: see subsection 20(3).

Airman—Means a member of the Air Force other than an officer.

Army means the Australian Army.

Army Reserve: see subsection 19(3).

Australia and Commonwealth includes the Territories.

Australian Air Force Cadets: see subsection 62(4).

Australian Army: see subsection 19(1).

Australian Army Cadets: see subsection 62(3).

Australian Defence Force or ADF: see section 17.

Australian Defence Force Cadets or ADF Cadets or Cadets: see

subsection 62(1).

Australian Navy Cadets: see subsection 62(2).

cadet means an officer, instructor or cadet in the Cadets.

call out order: see subsection 28(1).

Chief of the Defence Force means the Chief of the Defence Force

appointed under subsection 12(1).

Conscientious Objection Tribunal means a Conscientious

Objection Tribunal established under section 61CF.

court martial means a court martial convened under the Defence

Force Discipline Act 1982.

CSC has the same meaning as in the Governance of Australian

Government Superannuation Schemes Act 2011.

Defence Force means the Australian Defence Force.

Defence Force magistrate has the same meaning as in the Defence

Force Discipline Act 1982.

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Section 4

Defence Act 1903 3

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Defence Instructions: see subsection 11(1).

Director of Defence Counsel Services means the person appointed

under subsection 110ZA(2) as the Director of Defence Counsel

Services or a person acting as the Director of Defence Counsel

Services.

exemption from service because of conscientious beliefs means

exemption from service under paragraph 61A(1)(h) or (i) or

exemption from combatant duties under subsection 61A(1A).

Federal Court means the Federal Court of Australia.

flexible service determination: see subsection 23(2).

Foreign Affairs Minister means the Minister administering the

Diplomatic Privileges and Immunities Act 1967.

Inspector-General ADF means the Inspector-General of the

Australian Defence Force referred to in section 110B.

legal officer has the same meaning as in the Defence Force

Discipline Act 1982.

legal practitioner has the same meaning as in the Defence Force

Discipline Act 1982.

Member—Includes any officer, sailor, soldier and airman.

Naval Reserve: see subsection 18(3).

Navy means the Royal Australian Navy.

officer means:

(a) a person appointed as an officer of the Navy, Army or Air

Force and who holds a rank specified in items 1 to 12 of the

table in subclause 1(1) of Schedule 1; or

(b) a chaplain in the Defence Force.

Permanent Air Force: see subsection 20(2).

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Section 4

4 Defence Act 1903

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Permanent Forces means the Permanent Navy, the Regular Army

and the Permanent Air Force.

Permanent Navy: see subsection 18(2).

public resources has the same meaning as in the Public

Governance, Performance and Accountability Act 2013.

Regular Army: see subsection 19(2).

Reserves means the Naval Reserve, the Army Reserve and the Air

Force Reserve.

Royal Australian Air Force or RAAF: see subsection 20(1).

Royal Australian Navy or RAN: see subsection 18(1).

Sailor—Means a member of the Navy other than an officer.

service chief means:

(a) the Chief of Navy; or

(b) the Chief of Army; or

Service Decoration—Means any order, medal, badge, clasp, bar or

other insignia that was or may be conferred for valour,

distinguished conduct or service, long service, good conduct,

devotion to duty, efficiency, participation in a campaign or other

warlike operation or for any other reason on a member of the

Defence Force or of any armed force of any part of the Queen’s

dominions or of any Power allied or associated with Australia in

any war or warlike operations in which Australia is or has been

engaged, and includes the ribbon of any such order, medal, badge,

clasp or other decoration and any colourable imitation,

representation or miniature of any such order, medal, badge, clasp

or other decoration.

Service tribunal has the same meaning as in the Defence Force

Discipline Act 1982.

Soldier—Means a member of the Army other than an officer.

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Section 5

Defence Act 1903 5

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The Secretary means the Secretary of the Department.

Time of Defence Emergency—Means the period between the

publication of a proclamation declaring that a state of defence

emergency exists in relation to Australia and the publication of a

proclamation that that state of defence emergency no longer exists.

Time of War—Means any time during which a state of war

actually exists, and includes the time between the issue of a

proclamation of the existence of war or of danger thereof and the

issue of a proclamation declaring that the war or danger thereof,

declared in the prior proclamation, no longer exists.

Vice Chief of the Defence Force means the Vice Chief of the

Defence Force appointed under subsection 12(2).

War—Means any invasion or apprehended invasion of, or attack or

apprehended attack on, Australia by an enemy or armed force.

(3) For the purposes of Part IV, a person is taken to have a

conscientious belief in relation to a matter if the person’s belief in

respect of that matter:

(a) involves a fundamental conviction of what is morally right

and morally wrong, whether or not based on religious

considerations; and

(b) is so compelling in character for that person that he or she is

duty bound to espouse it; and

5 Application of Act

This Act applies to, and in relation to, the Defence Force, and to all

members of the Defence Force whether appointed or enlisted, or

deemed to be enlisted, under this Act or under any other Act and

whether serving within or beyond the territorial limits of Australia.

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Section 5A

6 Defence Act 1903

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5A Extension of Act to Territories

This Act extends to the external Territories as if each of those

Territories were part of Australia.

6 Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this

Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

7 Act does not appropriate money

Nothing in this Act shall be taken as an appropriation of any public

moneys.

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Section 8

Defence Act 1903 7

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Part II—Control and administration

8 The Minister

(1) The Minister has general control and administration of the Defence

Force.

Note: Command in chief of the Defence Force is vested in the

Governor-General: see section 68 of the Constitution.

(2) In performing and exercising functions and powers under this Part,

the Chief of the Defence Force and the Secretary must comply with

any directions of the Minister.

9 Command of the Defence Force

(1) The Chief of the Defence Force has command of the Defence

Force.

(2) The Chief of the Defence Force must advise the Minister on

matters relating to the command of the Defence Force.

(3) The Vice Chief of the Defence Force is to assist the Chief of the

Defence Force in the command of the Defence Force.

(4) In so assisting, the Vice Chief of the Defence Force must comply

with any directions of the Chief of the Defence Force.

10 Administration of the Defence Force

(1) The Secretary and the Chief of the Defence Force have joint

administration of the Defence Force.

(2) The administration of the Defence Force does not include any

matter:

(a) falling within the command of the Defence Force; or

(b) specified by the Minister.

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Section 11

8 Defence Act 1903

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(3) The Vice Chief of the Defence Force is to assist with the

administration of the Defence Force as directed by the Chief of the

Defence Force.

(4) An instrument made under paragraph (2)(b) is not a legislative

instrument.

11 Defence Instructions

(1) For the purposes of the administration of the Defence Force, the

Secretary and the Chief of the Defence Force together may issue

instructions known as Defence Instructions.

(2) A document purporting to be a Defence Instruction, or a copy of a

Defence Instruction, is taken to be a Defence Instruction unless the

contrary is established.

(3) Despite section 46AA of the Acts Interpretation Act 1901, a

Defence Instruction may make provision for or in relation to a

matter by applying, adopting or incorporating any matter contained

in an instrument or other writing as in force or existing from time

to time.

12 Appointments

(1) The Governor-General may, by writing, appoint an officer of an

arm of the Defence Force to be Chief of the Defence Force.

(2) The Governor-General may, by writing, appoint an officer of an

arm of the Defence Force to be Vice Chief of the Defence Force.

(3) The Chief of the Defence Force and the Vice Chief of the Defence

Force hold office for the periods specified in their instruments of

appointment.

(4) A person appointed as Chief of the Defence Force or Vice Chief of

the Defence Force ceases to hold office if he or she ceases to be an

officer of an arm of the Defence Force.

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Section 13

Defence Act 1903 9

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13 Acting appointments

Vice Chief must act as Chief of the Defence Force

(1) The Vice Chief of the Defence Force must act as the Chief of the

Defence Force:

(a) during a vacancy in the office of the Chief of the Defence

Force; or

(b) during any period, or during all periods, when the Chief of

the Defence Force:

(i) is absent from duty; or

(ii) is, for any reason, unable to perform the duties of the

office.

Acting Vice Chief of the Defence Force

(2) The Governor-General may, by writing, appoint an officer of an

arm of the Defence Force to act as the Vice Chief of the Defence

Force:

(a) during a vacancy in the office of the Vice Chief of the

Defence Force; or

(b) during any period, or during all periods, when the Vice Chief

of the Defence Force:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

14 Resignation

(1) The Chief of the Defence Force or the Vice Chief of the Defence

Force may resign his or her appointment by giving the

Governor-General a written resignation.

(2) However, the resignation does not have effect unless and until it is

accepted by the Governor-General.

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Section 15

10 Defence Act 1903

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15 Termination of appointment

(1) The Governor-General may, on the recommendation of the Prime

Minister and by notice in writing, terminate the appointment of the

Chief of the Defence Force or the Vice Chief of the Defence Force.

(2) Before recommending to the Governor-General that the

appointment be terminated, the Prime Minister must have received

a report about the proposed termination from the Minister.

16 Remuneration and allowances

(1) The Chief of the Defence Force and the Vice Chief of the Defence

Force are to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, they are to be paid the

remuneration that is prescribed by the regulations.

(2) The Chief of the Defence Force and the Vice Chief of the Defence

Force are to be paid the allowances determined under Part IIIA.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

Note: The remuneration of the Chief of Navy, the Chief of Army and the

Chief of Air Force is also determined by the Remuneration Tribunal.

For appointment etc. of service chiefs, see the regulations.

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The Australian Defence Force Part III

Constitution of the Australian Defence Force Division 1

Section 17

Defence Act 1903 11

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Part III—The Australian Defence Force

Division 1—Constitution of the Australian Defence Force

17 The Australian Defence Force

The Australian Defence Force (or ADF) consists of the following

arms:

(a) the Royal Australian Navy;

(b) the Australian Army;

18 Royal Australian Navy

(1) The Royal Australian Navy (or RAN) consists of:

(a) the Chief of Navy; and

(b) the Permanent Navy; and

(2) The Permanent Navy consists of:

(a) officers appointed to, and sailors enlisted in, the Permanent

Navy; and

(b) members of the Defence Force transferred to the Permanent

Navy.

(3) The Naval Reserve consists of:

(a) officers appointed to, and sailors enlisted in, the Naval

Reserve; and

(b) members of the Defence Force transferred to the Naval

Reserve.

19 Australian Army

(1) The Australian Army consists of:

(a) the Chief of Army; and

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12 Defence Act 1903

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(b) the Regular Army; and

(2) The Regular Army consists of:

(a) officers appointed to, and soldiers enlisted in, the Regular

Army; and

(b) members of the Defence Force transferred to the Regular

Army.

(3) The Army Reserve consists of:

(a) officers appointed to, and soldiers enlisted in, the Army

Reserve; and

(b) members of the Defence Force transferred to the Army

Reserve.

20 Royal Australian Air Force

(1) The Royal Australian Air Force (or RAAF) consists of:

(a) the Chief of Air Force; and

(b) the Permanent Air Force; and

(2) The Permanent Air Force consists of:

(a) officers appointed to, and airmen enlisted in, the Permanent

Air Force; and

(b) members of the Defence Force transferred to the Permanent

Air Force.

(3) The Air Force Reserve consists of:

(a) officers appointed to, and airmen enlisted in, the Air Force

Reserve; and

(b) members of the Defence Force transferred to the Air Force

Reserve.

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Constitution of the Australian Defence Force Division 1

Section 21

Defence Act 1903 13

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21 Ranks and corresponding ranks

The ranks and corresponding ranks of members of the Defence

Force (other than chaplains) are set out in Schedule 1.

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Division 2 Service in the Defence Force

Section 22

14 Defence Act 1903

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Division 2—Service in the Defence Force

22 Voluntary entry

(1) Members of the Defence Force must be persons who volunteer and

are accepted for service in the Defence Force.

(2) Subsection (1) has effect subject to Part IV and any other Act.

23 Service in the Permanent Forces

(1) Members of the Permanent Forces are bound to render continuous

full time service.

Note: Permanent Forces means the Permanent Navy, the Regular Army and

the Permanent Air Force: see subsection 4(1).

Flexible service determinations

(2) The requirement to render continuous full time service does not

prevent the Chief of the Defence Force determining hours of duty

or periods of duty for a member of the Permanent Forces under a

flexible service determination.

(3) A flexible service determination:

(a) must be in writing; and

(b) may be revoked or varied by the Chief of the Defence Force

at any time; and

service terms and conditions) set out in the determination.

(4) Flexible service terms and conditions may relate to remuneration,

allowances, availability for duty outside the hours of duty or

periods of duty set out in the determination or any other relevant

matter.

(5) A flexible service determination is not a legislative instrument.

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Service in the Defence Force Division 2

Section 24

Defence Act 1903 15

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24 Service in the Reserves

A member of the Reserves is not bound to render continuous full

time service unless the member:

(a) is involved in a period of training that requires continuous

full time service; or

(b) is required to render continuous full time service after

volunteering to do so (see section 26); or

Part IV.

Note: Reserves means the Naval Reserve, the Army Reserve and the Air

Force Reserve: see subsection 4(1).

25 Training for Reserves

Members of the Reserves must render service during training

periods in accordance with the regulations.

26 Volunteer service by Reserves

(1) A member of the Reserves may volunteer to render the following

for a period or periods specified by the member:

(a) continuous full time service;

(b) service other than continuous full time service.

(2) The Chief of the Defence Force may accept some or all of the

service.

(3) The member is bound to render the service accepted by the Chief

of the Defence Force.

27 Service is not a civil contract

No civil contract of any kind is created with the Crown or the

Commonwealth in connection with a member’s service in the

Defence Force.

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Part III The Australian Defence Force

Division 3 Calling out the Reserves

Section 28

16 Defence Act 1903

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Division 3—Calling out the Reserves

28 Governor-General may call out Reserves

(1) The Governor-General may, by call out order published in the

Gazette, call out some or all of the Reserves for continuous full

time service.

(2) A call out order is not a legislative instrument.

Circumstances for call out order

(3) However, a call out order may only be made in circumstances

(whether within or outside Australia) involving one or more of the

following:

(a) war or warlike operations;

(b) a time of defence emergency;

(d) peacekeeping or peace enforcement;

(e) assistance to Commonwealth, State, Territory or foreign

government authorities and agencies in matters involving

Australia’s national security or affecting Australian defence

interests;

(f) support to community activities of national or international

significance;

(g) civil aid, humanitarian assistance, medical or civil emergency

or disaster relief.

Advice to Governor-General

(4) In making or revoking a call out order, the Governor-General is to

act with the advice of:

(a) the Executive Council; or

(b) if, after the Minister has consulted the Prime Minister, the

Minister is satisfied that, for reasons of urgency, the

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Section 29

Defence Act 1903 17

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Governor-General should act with the advice of the Minister

alone—the Minister.

When call out order takes effect

(5) A call out order takes effect on:

(a) the day specified in the order; or

(b) if no day is specified—the day on which the order is

published in the Gazette.

When revocation takes effect

(6) A revocation of a call out order takes effect on:

(a) the day specified in the revocation; or

(b) if no day is specified—the day on which the revocation is

published in the Gazette.

Effect of revocation

(7) To avoid doubt, if a call out order is revoked the call out under that

order ends.

Further orders

(8) The making of a call out order in relation to particular

circumstances does not prevent the making of further call out

orders in relation to those circumstances.

29 Period of service during call out

Period specified by Chief of the Defence Force

(1) A member of the Reserves covered by a call out order is bound to

render continuous full time service for the period specified in

writing by the Chief of the Defence Force.

Length of period

(2) The period of service:

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(a) must start on the day on which the call out order takes effect;

and

(b) may be indefinite or limited.

(3) Unless it ends earlier, and despite any specification by the Chief of

the Defence Force, the period ends on the day on which the call out

ends.

Further periods

(4) The specification of a period under a call out order does not

prevent the specification of further periods under the call out order.

Other continuous full time service not affected

(5) This section does not limit a requirement to render continuous full

time service otherwise than under this section.

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Utilisation of Defence Force to protect Commonwealth interests and States and self-

governing Territories Part IIIAAA

Calling out and directing utilisation of Defence Force Division 1

Section 51

Defence Act 1903 19

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Part IIIAAA—Utilisation of Defence Force to

protect Commonwealth interests and States

and self-governing Territories

Division 1—Calling out and directing utilisation of Defence

Force

51 Interpretation

Definitions

(1) In this Part:

Australian offshore area means:

(a) Australian waters; or

(b) the exclusive economic zone of Australia (including its

external Territories); or

(d) an area prescribed by the regulations;

and includes the airspace over an area covered by paragraph (a),

(b), (c) or (d).

Australian waters means:

(a) the territorial sea of Australia; and

(b) the waters of the sea on the landward side of the territorial

sea of Australia; and

(d) the waters of the sea on the landward side of the territorial

sea of each external Territory;

but does not include the internal waters of a State or self-governing

Territory.

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Division 1 Calling out and directing utilisation of Defence Force

Section 51

20 Defence Act 1903

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authorising Ministers means the Prime Minister, the Minister and

the Attorney-General.

criminal act means an act or omission that would, if done or

omitted to be done in the Jervis Bay Territory, contravene the

substantive criminal law of the Jervis Bay Territory.

dangerous thing means a gun, knife, bomb, chemical weapon or

any other thing that is reasonably likely to be used to cause serious

damage to property or death or serious injury to persons.

designated area means an area in relation to which a declaration is

in force under section 51Q.

designated critical infrastructure means infrastructure, or a part of

infrastructure, that is declared under section 51CB.

domestic violence has the same meaning as in section 119 of the

Constitution.

general security area means an area in relation to which a

declaration is in force under section 51K.

infrastructure includes physical facilities, supply chains,

information technologies and communication networks or systems.

internal waters, in relation to a State or self-governing Territory,

means the waters of the sea within the limits of the State or

Territory and includes the airspace over those waters.

means of transport means a vehicle, vessel, aircraft that is not

airborne, train or other means of transporting persons or goods.

member in charge, in relation to a search authorisation, has the

meaning given by paragraph 51L(2)(c).

offshore designated area means an area in relation to which a

declaration is in force under section 51SL.

offshore general security area means an area in relation to which a

declaration is in force under section 51SF.

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offshore member in charge, in relation to an offshore search

authorisation, has the meaning given by paragraph 51SG(2)(c).

offshore search authorisation means an authorisation under

section 51SG.

offshore search members, in relation to a search authorisation, has

the meaning given by paragraph 51SG(2)(d).

premises includes a place that is private property.

Presiding Officer means the President of the Senate or the Speaker

of the House of Representatives.

search of a person means:

(a) a search of a person or of things in the possession of a person

that may include:

(i) requiring the person to remove his or her overcoat, coat

or jacket and any gloves, shoes and hat; and

(ii) an examination of those items; or

(b) a search of a person conducted by quickly running the hands

over the person’s outer garments and an examination of

anything worn or carried by the person that is conveniently

and voluntarily removed by the person;

but does not include:

(d) an examination of the person’s body cavities.

search authorisation means an authorisation under section 51L.

search members, in relation to a search authorisation, has the

meaning given by paragraph 51L(2)(d).

self-governing Territory means:

(a) the Australian Capital Territory; or

(b) the Northern Territory.

substantive criminal law means law (including unwritten law):

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Division 1 Calling out and directing utilisation of Defence Force

Section 51

22 Defence Act 1903

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(a) creating offences or imposing criminal liability for offences;

(b) dealing with capacity to incur criminal liability; or

degree of criminal liability; or

(d) providing for the confiscation of property used in, or derived

from, the commission of an offence; or

(e) dealing with other subjects declared by regulation to be

within the ambit of the substantive criminal law of the Jervis

Bay Territory; or

(f) providing for the interpretation of laws of the kinds

mentioned above.

threat concerned means:

(a) for the purposes of the application of section 51IB or

subsection 51T(2A)—the threat of damage or disruption in

relation to which the authorising Ministers make a

declaration under section 51CB; or

(b) for the purposes of the application of one or more of the

provisions of Division 3A—the threat to Commonwealth

interests in relation to which an order under section 51AA is

made that causes Division 3A to apply.

Police force etc. of certain Territories

(2) If the Australian Federal Police provides police services in relation

to a Territory:

(a) the expression police force of the Territory means the

Australian Federal Police, so far as it provides police services

in relation to the Territory; and

(b) the expression member of the police force of the Territory

means a member or special member of the Australian Federal

Police providing police services in relation to the Territory.

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Section 51A

Defence Act 1903 23

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51A Order about utilising Defence Force to protect Commonwealth

interests against domestic violence

Conditions for making of order

(1) Subsection (2) applies if the authorising Ministers are satisfied

that:

(a) domestic violence is occurring or is likely to occur in

Australia; and

(aa) the domestic violence would, or would be likely to, affect

Commonwealth interests; and

(b) if the domestic violence is occurring or is likely to occur in a

State or self-governing Territory—the State or Territory is

not, or is unlikely to be, able to protect Commonwealth

interests against the domestic violence; and

Defence Force should be directed to utilise the Defence Force

to protect the Commonwealth interests against the domestic

violence; and

(d) one or more of Divisions 2, 2A, 3 and 3B, and Division 4,

should apply in relation to the order.

Power of Governor-General to make order

(2) If this subsection applies, the Governor-General may, by written

order, call out the Defence Force and direct the Chief of the

Defence Force to utilise the Defence Force to protect the

Commonwealth interests against the domestic violence.

Provided always that the Reserve Forces shall not be called out or

utilized in connexion with an industrial dispute.

Involvement of State or Territory

(3) If paragraph (1)(b) applies:

(a) the Governor-General may make the order whether or not the

Government of the State or the self-governing Territory

requests the making of the order; and

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(b) if the Government of the State or the self-governing Territory

does not request the making of the order, an authorising

Minister must, subject to subsection (3A), consult that

Government about the making of the order before the

Governor-General makes it.

Exception to paragraph (3)(b)

(3A) However, paragraph (3)(b) does not apply if the authorising

Ministers are satisfied that, for reasons of urgency, it is

impracticable to comply with the requirements of that paragraph.

Content of the order

(4) The order:

(a) must state that it is made under this section; and

(b) must specify the State or Territory in which the domestic

violence is occurring or likely to occur, the Commonwealth

interests and the domestic violence; and

Division 4, apply in relation to the order; and

(d) must state that the order comes into force when it is made

and that, unless it is revoked earlier, it ceases to be in force

after a specified period (which must not be more than 20

days).

When order is in force

(5) The order is in force as stated in accordance with paragraph (4)(d).

Revocation of order

(6) If the authorising Ministers cease to be satisfied as mentioned in

subsection (1), the Governor-General must revoke the order.

Advice to Governor-General

(7) In making or revoking the order, the Governor-General is to act

with the advice of:

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(a) except where paragraph (b) applies—the Executive Council;

(b) if an authorising Minister is satisfied that, for reasons of

urgency, the Governor-General should, for the purposes of

this subsection, act with the advice of the authorising

Minister—the authorising Minister.

Effect of revocation of order etc.

(8) To avoid doubt, if the order is revoked or ceases to be in force, the

call out of the Defence Force under the order ends and the Chief of

the Defence Force must cease utilising the Defence Force as

mentioned in subsection (2).

Notice to State or self-governing Territory

(8A) As soon as is reasonably practicable after the order is made or

revoked, an authorising Minister must arrange for the Government

of the State or the self-governing Territory specified in the order to

be notified of the making or revocation of the order. However, if

this is not done, the validity of the making or revocation of the

order is not affected.

Further orders

(9) The fact that the order has been made does not prevent further

orders being made in relation to the same matter.

51AA Order about utilising Defence Force in the offshore area etc.

to protect Commonwealth interests

Conditions for making of order utilising the Defence Force in the

offshore area

(1) Subsection (2) applies if the authorising Ministers are satisfied

that:

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(a) there is a threat in the Australian offshore area to

Commonwealth interests (whether in that area or elsewhere);

and

(b) the Defence Force should be called out and the Chief of the

Defence Force should be directed to utilise the Defence Force

in the Australian offshore area to protect the Commonwealth

interests against the threat; and

apply in relation to the order.

Power of Governor-General to make order utilising the Defence

Force in the Australian offshore area

(2) If this subsection applies, the Governor-General may, by written

order, call out the Defence Force and direct the Chief of the

Defence Force to utilise the Defence Force in the Australian

offshore area to protect the Commonwealth interests against the

threat concerned.

(3) However, the Reserves must not be called out or utilised in

connection with an industrial dispute.

Conditions for also utilising the Defence Force in the internal

waters

(4) Subsection (5) applies if the authorising Ministers are satisfied

that:

(a) in relation to the threat mentioned in paragraph (1)(a),

domestic violence is occurring or is likely to occur in the

internal waters of a State or self-governing Territory; and

(b) the State or Territory is not, or is unlikely to be, able to

protect the Commonwealth interests against the domestic

violence; and

the Defence Force in the internal waters of the State or

Territory to protect the Commonwealth interests against the

domestic violence.

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Power of Governor-General to direct utilising the Defence Force

in the internal waters

(5) If this subsection applies, the Governor-General may, in the order

under subsection (2), also direct the Chief of the Defence Force to

utilise the Defence Force in the internal waters of the State or

Territory to protect the Commonwealth interests against the

domestic violence.

Involvement of State or Territory

(6) If subsection (5) applies:

(a) the Governor-General may make the direction referred to in

subsection (5) whether or not the Government of the State or

the self-governing Territory requests the making of the

direction; and

(b) if the Government of the State or the self-governing Territory

does not request the making of the direction referred to in

subsection (5), an authorising Minister must, subject to

subsection (7), consult that Government about the making of

the direction.

Exception to paragraph (6)(b)

(7) However, paragraph (6)(b) does not apply if the authorising

Ministers are satisfied that, for reasons of urgency, it is

impracticable to comply with the requirements of that paragraph.

Content of the order

(8) The order:

(a) must state that it is made under this section; and

(b) must specify:

(i) the threat to which the order relates; and

(ii) the Commonwealth interests; and

(iii) if the order includes a direction mentioned in

subsection (5)—the State or Territory to which the

direction relates and the domestic violence; and

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apply in relation to the order; and

(d) must state that the order comes into force when it is made

and that, unless it is revoked earlier, it ceases to be in force

after a specified period (which must not be more than 20

days).

When order is in force

(9) The order is in force as stated in accordance with paragraph (8)(d).

Revocation of order

(10) If the authorising Ministers cease to be satisfied as mentioned in

subsection (1), the Governor-General must revoke the order.

Advice to Governor-General

(11) In making or revoking the order, the Governor-General is to act

with the advice of:

(a) except where paragraph (b) applies—the Executive Council;

(b) if an authorising Minister is satisfied that, for reasons of

urgency, the Governor-General should, for the purposes of

this subsection, act with the advice of the authorising

Minister—the authorising Minister.

Effect of revocation of order etc.

(12) To avoid doubt, if the order is revoked or ceases to be in force, the

call out of the Defence Force under the order ends and the Chief of

the Defence Force must cease utilising the Defence Force as

mentioned in subsection (2) or (5).

Notice to State or self-governing Territory

(13) If the order includes a direction mentioned in subsection (5), then

as soon as is reasonably practicable after the order is made or

revoked, an authorising Minister must arrange for the Government

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of the State or the self-governing Territory specified in the order to

be notified of the making or revocation of the order. However, if

this is not done, the validity of the making or revocation of the

order is not affected.

Further orders

(14) The fact that the order has been made does not prevent further

orders being made in relation to the same matter.

51AB Order about utilising Defence Force to protect

Commonwealth interests against violence if specified

circumstances arise

Conditions for making of order

(1) Subsection (2) applies if the authorising Ministers are satisfied

that:

(a) if specified circumstances were to arise:

(i) domestic violence would occur or would be likely to

occur in Australia that would, or would be likely to,

affect Commonwealth interests; or

(ii) there would be, or it is likely there would be, a threat in

the Australian offshore area to Commonwealth interests

(whether in that area or elsewhere);

and, for reasons of urgency, it would be impracticable for the

Governor-General to make an order under section 51A or

51AA (as the case requires); and

(b) if subparagraph (a)(i) applies—the domestic violence would

occur or would be likely to occur in a State or self-governing

Territory that would not be, or is unlikely to be, able to

protect the Commonwealth interests against the domestic

violence; and

the Defence Force to protect the Commonwealth interests

against the violence, or the threat in the Australian offshore

area, if the specified circumstances arise; and

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(d) Divisions 3B and 4 should apply in relation to the order.

Power of Governor-General to make order

(2) If this subsection applies, the Governor-General may, by written

order, direct the Chief of the Defence Force to utilise the Defence

Force to protect the Commonwealth interests against the domestic

violence, or the threat in the Australian offshore area, if the

specified circumstances arise.

Involvement of State or Territory

(3) If paragraph (1)(b) applies:

(a) the Governor-General may make the order whether or not the

Government of the State or the self-governing Territory

requests the making of the order; and

(b) if the Government of the State or the self-governing Territory

does not request the making of the order, an authorising

Minister must consult that Government about the making of

the order before the Governor-General makes it.

Content of the order

(4) The order:

(a) must state that it is made under this section; and

(b) must specify:

(i) the circumstances to which the order relates; and

(ii) if paragraph (1)(b) applies—the State or Territory in

which the domestic violence would occur or would be

likely to occur; and

(iii) the Commonwealth interests; and

(iv) the domestic violence, or the threat in the Australian

offshore area, as the case requires; and

order; and

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(d) must state that the order comes into force when it is made

and that, unless it is revoked earlier, it ceases to be in force at

the end of the period specified in the order.

When order is in force

(5) The order is in force as stated in accordance with paragraph (4)(d).

Revocation of order

(6) If the authorising Ministers cease to be satisfied as mentioned in

subsection (1), the Governor-General must revoke the order.

Advice to Governor-General

(7) In making or revoking the order the Governor-General is to act

with the advice of the Executive Council.

Effect of revocation of order etc.

(8) To avoid doubt, if the order is revoked or ceases to be in force, the

Chief of the Defence Force must cease utilising the Defence Force

as mentioned in subsection (2).

Notice to State or self-governing Territory

(9) If the order specifies a State or Territory under

subparagraph (4)(b)(ii), as soon as is reasonably practicable after

the order is made or revoked, an authorising Minister must arrange

for the Government of the State or Territory to be notified of the

making or revocation of the order. However, if this is not done, the

validity of the making or revocation of the order is not affected.

Further orders

(10) The fact that the order has been made does not prevent further

orders being made in relation to the same matter.

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51B Order about utilising Defence Force to protect State against

domestic violence

Conditions for making of order

(1) Subsection (2) applies if a State Government applies to the

Commonwealth Government to protect the State against domestic

violence that is occurring or is likely to occur in the State and the

authorising Ministers are satisfied that:

(a) the State is not, or is unlikely to be, able to protect itself

against the domestic violence; and

(b) the Defence Force should be called out and the Chief of the

Defence Force should be directed to utilise the Defence Force

to protect the State against the domestic violence; and

should apply in relation to the order.

Power of Governor-General to make order

(2) If this subsection applies, the Governor-General may, by written

order, call out the Defence Force and direct the Chief of the

Defence Force to utilise the Defence Force to protect the State

against the domestic violence.

Provided always that the Reserve Forces shall not be called out or

utilized in connexion with an industrial dispute.

Content of the order

(3) The order:

(a) must state that it is made under this section; and

(b) must specify the State and the domestic violence; and

Division 4, apply in relation to the order; and

(d) must state that the order comes into force when it is made

and that, unless it is revoked earlier, it ceases to be in force

after a specified period (which must not be more than 20

days).

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When order is in force

(4) The order is in force as stated in accordance with paragraph (3)(d).

Revocation of order

(5) If:

(a) the State Government withdraws its application to the

Commonwealth Government; or

(b) the authorising Ministers cease to be satisfied as mentioned

in subsection (1);

the Governor-General must revoke the order.

Advice to Governor-General

(6) In making or revoking the order, the Governor-General is to act

with the advice of:

(a) except where paragraph (b) applies—the Executive Council;

(b) if an authorising Minister is satisfied that, for reasons of

urgency, the Governor-General should, for the purposes of

this subsection, act with the advice of the authorising

Minister—the authorising Minister.

Effect of revocation of order etc.

(7) To avoid doubt, if the order is revoked or ceases to be in force, the

call out of the Defence Force under the order ends and the Chief of

the Defence Force must cease utilising the Defence Force as

mentioned in subsection (2).

Further orders

(8) The fact that the order has been made does not prevent further

orders being made in relation to the same matter.

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51C Order about utilising Defence Force to protect self-governing

Territory against domestic violence

Conditions for making of order

(1) Subsection (2) applies if the Government of a self-governing

Territory applies to the Commonwealth Government to protect the

Territory against domestic violence that is occurring or is likely to

occur in the Territory and the authorising Ministers are satisfied

that:

(a) the Territory is not, or is unlikely to be, able to protect itself

against the domestic violence; and

(b) the Defence Force should be called out and the Chief of the

Defence Force should be directed to utilise the Defence Force

to protect the Territory against the domestic violence; and

should apply in relation to the order.

Power of Governor-General to make order

(2) If this subsection applies, the Governor-General may, by written

order, call out the Defence Force and direct the Chief of the

Defence Force to utilise the Defence Force to protect the Territory

against the domestic violence.

Provided always that the Reserve Forces shall not be called out or

utilized in connexion with an industrial dispute.

Content of the order

(3) The order:

(a) must state that it is made under this section; and

(b) must specify the Territory and the domestic violence; and

Division 4, apply in relation to the order; and

(d) must state that the order comes into force when it is made

and that, unless it is revoked earlier, it ceases to be in force

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after a specified period (which must not be more than 20

days).

When order is in force

(4) The order is in force as stated in accordance with paragraph (3)(d).

Revocation of order

(5) If:

(a) the Government of the Territory withdraws its application to

the Commonwealth Government; or

(b) the authorising Ministers cease to be satisfied as mentioned

in subsection (1);

the Governor-General must revoke the order.

Advice to Governor-General

(6) In making or revoking the order, the Governor-General is to act

with the advice of:

(a) except where paragraph (b) applies—the Executive Council;

(b) if an authorising Minister is satisfied that, for reasons of

urgency, the Governor-General should, for the purposes of

this subsection, act with the advice of the authorising

Minister—the authorising Minister.

Effect of revocation of order etc.

(7) To avoid doubt, if the order is revoked or ceases to be in force, the

call out of the Defence Force under the order ends and the Chief of

the Defence Force must cease utilising the Defence Force as

mentioned in subsection (2).

Further orders

(8) The fact that the order has been made does not prevent further

orders being made in relation to the same matter.

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51CA Expedited call out

Expedited call out by the Prime Minister

(1) The Prime Minister may make an order of a kind that the

Governor-General is empowered to make under section 51A,

51AA, 51AB, 51B or 51C if the Prime Minister is satisfied that:

(a) because a sudden and extraordinary emergency exists, it is

not practicable for an order to be made under that section;

and

(b) the circumstances referred to in subsection 51A(1), 51AA(1),

51AB(1), 51B(1) or 51C(1) (as the case requires) exist.

Expedited call out by the other 2 authorising Ministers

(2) The other 2 authorising Ministers may jointly make an order of a

kind that the Governor-General is empowered to make under

section 51A, 51AA, 51AB, 51B or 51C if those authorising

Ministers are satisfied that:

(a) because a sudden and extraordinary emergency exists, it is

not practicable for an order to be made under that section;

and

(b) the Prime Minister is unable to be contacted for the purposes

of considering whether to make, and making, an order under

subsection (1) of this section; and

51AB(1), 51B(1) or 51C(1) (as the case requires) exist.

Expedited call out by an authorising Minister and another Minister

(2A) An authorising Minister, together with the Deputy Prime Minister,

the Foreign Affairs Minister or the Treasurer, may make an order

of a kind that the Governor-General is empowered to make under

section 51A, 51AA, 51AB, 51B or 51C if the Ministers are

satisfied that:

(a) because a sudden and extraordinary emergency exists, it is

not practicable for an order to be made under that section;

and

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(b) the Prime Minister is unable to be contacted for the purposes

of considering whether to make, and making, an order under

subsection (1) of this section; and

for the purposes of considering whether to make, and

making, an order under subsection (2) of this section; and

(d) the circumstances referred to in subsection 51A(1), 51AA(1),

51AB(1), 51B(1) or 51C(1) (as the case requires) exist.

Orders applying in internal waters

(3) If the order is an order of a kind that Governor-General is

empowered to make under section 51AA, the order must not direct

the Chief of the Defence Force to utilise the Defence Force in the

internal waters of the State or self-governing Territory unless:

(a) if the order is made under subsection (1) of this section—the

Prime Minister is satisfied that the circumstances referred to

in subsection 51AA(4) exist in relation to that State or

Territory; or

(b) if the order is made under subsection (2) or (2A) of this

section—the other 2 Ministers are satisfied that the

circumstances referred to in subsection 51AA(4) exist in

relation to that State or Territory.

Order not in writing

(4) An order under this section need not be in writing. If it is not in

writing, the Prime Minister or the other 2 Ministers (as the case

requires), and the Chief of the Defence Force, must each:

(a) make a written record of the order; and

(b) sign the record; and

(d) in the case of the Prime Minister or another Minister—as

soon as practicable:

(i) cause the record to be given to the Chief of the Defence

Force; and

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(ii) cause a copy of the record to be given to the

Governor-General; and

(e) in the case of the Chief of the Defence Force—as soon as

practicable:

(i) cause the record to be given to the Prime Minister; or

(ii) cause the record to be given to one of the other 2

Ministers, and cause a copy of the record to be given to

the other Minister;

as the case requires.

However, a failure to comply with paragraph (d) or (e) does not

affect the validity of the order.

The effect of the order

(5) Subject to subsections (7) and (8) of this section, an order made

under this section has effect, for all purposes (other than this

section), as if it were an order made by the Governor-General

under section 51A, 51AA, 51AB, 51B or 51C (as the case

requires). In particular:

(a) subsection 51A(4), 51AA(8), 51AB(4), 51B(3) or 51C(3) (as

the case requires) applies to the order; and

(b) the Governor-General may revoke the order in the same way,

and in the same circumstances, as he or she may revoke an

order under section 51A, 51AA, 51AB, 51B or 51C (as the

case requires).

(6) For the purposes of paragraph (5)(b), the reference in

subsection 51A(6), 51AA(10) or 51AB(6) or paragraph 51B(5)(b)

or 51C(5)(b) (as the case requires) to the authorising Ministers

ceasing to be satisfied is taken to be a reference to them not being

satisfied.

Content of the order

(7) An order made under this section:

(a) must state that it is made under this section, and that it has

effect as if it were an order made by the Governor-General

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under section 51A, 51AA, 51AB, 51B or 51C (as the case

requires); and

(b) despite paragraph 51A(4)(d), 51AA(8)(d), 51AB(4)(d),

51B(3)(d) or 51C(3)(d) (as the case requires), must state that,

unless it is revoked earlier, it ceases to be in force after a

specified period (which must not be more than 5 days).

When order is in force

(8) The order:

(a) comes into force when it is made, or (if it is not in writing)

when:

(i) the Prime Minister, or the other 2 Ministers; and

(ii) the Chief of the Defence Force;

have complied with paragraph (4)(c); and

(b) ceases to be in force as stated in accordance with

paragraph (7)(b).

Authorisations and declarations during an expedited call out

(9) If:

(a) one or more authorising Ministers have the power to give an

authorisation or make a declaration under a provision of

Division 2, 3, 3A or 3B; and

(b) that Division applies because of an order made under this

section;

the authorisation or declaration need not be in writing, despite any

requirement of the provision to the contrary.

(10) If the authorisation or declaration is not in writing, the authorising

Minister or authorising Ministers, and the Chief of the Defence

Force, must each:

(a) make a written record of the authorisation or declaration; and

(b) sign the record; and

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(d) in the case of an authorising Minister—as soon as practicable

cause the record to be given to the Chief of the Defence

Force; and

(e) in the case of the Chief of the Defence Force—as soon as

practicable:

(i) cause the record to be given to the authorising Minister;

(ii) cause the record to be given to one of the authorising

Ministers, and cause a copy of the record to be given to

the other authorising Minister;

as the case requires.

However, a failure to comply with paragraph (d) or (e) does not

affect the validity of the authorisation or declaration.

(11) If the authorisation or declaration is not in writing, it comes into

force when the authorising Minister or authorising Ministers, and

the Chief of the Defence Force, have complied with

paragraph (10)(c).

References to certain circumstances

(12) To avoid doubt, a reference in this section to the circumstances

referred to in subsection 51A(1), 51AA(1), 51AB(1), 51B(1) or

51C(1):

(a) does not include a reference to the authorising Ministers

being satisfied as to particular matters; and

(b) in relation to section 51B, includes a reference to a State

Government having made an application of a kind referred to

in subsection 51B(1); and

Government having made an application of a kind referred to

in subsection 51C(1).

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Section 51CB

Defence Act 1903 41

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Involvement of State or Territory under subsection 51A(3) not

required

(13) To avoid doubt, paragraph 51A(3)(b) does not apply to an order

under this section that would have effect as if it were an order

made by the Governor-General under section 51A.

51CB Declaration of designated critical infrastructure

(1) The authorising Ministers may, in writing, declare that particular

infrastructure, or a part of particular infrastructure, in Australia or

in the Australian offshore area is designated critical infrastructure.

(2) However, the authorising Ministers may do so only if they believe

on reasonable grounds that:

(a) there is a threat of damage or disruption to the operation of

the infrastructure or the part of the infrastructure; and

(b) the damage or disruption would directly or indirectly

endanger the life of, or cause serious injury to, other persons.

(3) If the authorising Ministers no longer believe those matters, they

must revoke the declaration.

(4) To avoid doubt, the authorising Ministers may make a declaration

under this section whether or not an order is in force under this

Division.

(5) If the infrastructure, or the part of the infrastructure, is in a State or

a self-governing Territory:

(a) the authorising Ministers may make the declaration referred

to in subsection (1) whether or not the Government of the

State or the self-governing Territory requests the making of

the declaration; and

(b) if the Government of the State or the self-governing Territory

does not request the making of the declaration referred to in

subsection (1), an authorising Minister must, subject to

subsection (6), consult that Government about the making of

the declaration.

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Division 1 Calling out and directing utilisation of Defence Force

Section 51D

42 Defence Act 1903

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(6) However, paragraph (5)(b) does not apply if the authorising

Ministers are satisfied that, for reasons of urgency, it is

impracticable to comply with the requirements of that paragraph.

51D Chief of Defence Force to utilise Defence Force as directed

Order under section 51A

(1) If the Governor-General makes an order under section 51A, the

Chief of the Defence Force must, subject to sections 51E, 51F and

51G, utilise the Defence Force, in such manner as is reasonable

and necessary, for the purpose of protecting the Commonwealth

interests specified in the order, in the State or Territory specified in

the order, against the domestic violence specified in the order.

Order under section 51AA

(1A) If the Governor-General makes an order under section 51AA, the

Chief of the Defence Force must, subject to sections 51E, 51F and

51G, utilise the Defence Force, in such manner as is reasonable

and necessary:

(a) in the Australian offshore area, for the purpose of protecting

the Commonwealth interests specified in the order against the

threat concerned; and

(b) if the order includes a direction mentioned in

subsection 51AA(5)—in the internal waters of the State or

Territory to which the direction relates, for the purpose of

protecting the Commonwealth interests specified in the order

against the domestic violence specified in the order.

Order under section 51AB

(1B) If:

(a) the Governor-General makes an order under section 51AB;

and

(b) the circumstances specified in the order arise;

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Section 51E

Defence Act 1903 43

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the Chief of the Defence Force must, subject to sections 51E, 51F

and 51G, utilise the Defence Force, in such manner as is

reasonable and necessary:

in the order against the domestic violence specified in the

order; or

(d) for the purpose of protecting the Commonwealth interests

specified in the order against the threat specified in the order;

as the case requires.

Order under section 51B or 51C

(2) If the Governor-General makes an order under section 51B or 51C,

the Chief of the Defence Force must, subject to sections 51E, 51F

and 51G, utilise the Defence Force, in such manner as is

reasonable and necessary, for the purpose of protecting the State or

Territory specified in the order against the domestic violence

specified in the order.

51E Ministerial directions

Subject to section 51G, in utilising the Defence Force in

accordance with section 51D, the Chief of the Defence Force must

comply with any direction that the Minister gives from time to time

as to the way in which the Defence Force is to be utilised.

51F Assistance to, and cooperation with, State etc.

(1) Subject to subsections (2) and (3) and to sections 51E and 51G, in

utilising the Defence Force in accordance with section 51D, the

Chief of the Defence Force must, as far as is reasonably

practicable, ensure that:

(a) the Defence Force is utilised to assist the State or Territory

specified in the order and cooperates with the police force of

the State or Territory; and

(b) the Defence Force is not utilised for any particular task

unless a member of the police force of the State or the

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Section 51G

44 Defence Act 1903

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Territory specified in the order requests, in writing, that the

Defence Force be so utilised.

(2) Subsection (1) does not require or permit the Chief of the Defence

Force to transfer to any extent command of the Defence Force to

the State or the Territory, or to a police force or member of the

police force of the State or the Territory.

(3) This section does not apply in relation to an order under

section 51AA to the extent that the Defence Force is being utilised

in the Australian offshore area.

Note: This section will still apply in relation to an order under section 51AA

to the extent that the Defence Force is being utilised in the internal

waters of a State or self-governing Territory.

51G Restriction on certain utilisation of Defence Force

In utilising the Defence Force in accordance with section 51D, the

Chief of the Defence Force must not stop or restrict any protest,

dissent, assembly or industrial action, except where there is a

reasonable likelihood of the death of, or serious injury to, persons

or serious damage to property.

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Powers to recapture locations or things, prevent or end acts of violence and protect

persons from acts of violence Division 2

Section 51H

Defence Act 1903 45

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Division 2—Powers to recapture locations or things,

prevent or end acts of violence and protect

persons from acts of violence

51H Application of this Division and Division 4

If an order states in accordance with paragraph 51A(4)(c),

51B(3)(c) or 51C(3)(c) that this Division and Division 4 apply in

relation to the order, the following provisions of this Division, and

the provisions of Division 4, apply.

51I Special powers of members of the Defence Force

Special powers

(1) Subject to this section, a member of the Defence Force who is

being utilised in accordance with section 51D may, under the

command of the Chief of the Defence Force do any one or more of

the following:

(a) take any one or more of the following actions:

(i) recapture a location or thing;

(ii) prevent, or put an end to, acts of violence;

(iii) protect persons from acts of violence;

(b) in connection with taking any such action, do any one or

more of the following:

(i) free any hostage from a location or thing;

(ii) if the member finds a person whom the member

believes on reasonable grounds to have committed an

offence against a law of the Commonwealth, a State or

Territory—detain the person for the purpose of placing

the person in the custody of a member of a police force

at the earliest practicable time;

(iii) control the movement of persons or of means of

transport;

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Division 2 Powers to recapture locations or things, prevent or end acts of violence and

protect persons from acts of violence

Section 51I

46 Defence Act 1903

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(iv) evacuate persons to a place of safety;

(v) search persons or locations or things for dangerous

things or other things related to the domestic violence

that is occurring or is likely to occur;

(vi) seize any dangerous thing, or other thing related to the

domestic violence that is occurring or is likely to occur,

found in such a search; and

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this subsection.

Ministerial authorisation

(2) However, the member must not:

(a) take any action mentioned in paragraph (1)(a); or

(b) do any of the things mentioned in paragraph (1)(b) or (c) in

connection with taking that action;

unless an authorising Minister has in writing authorised taking that

action.

Exception

(3) Subsection (2) does not apply if the member believes on reasonable

grounds that there is insufficient time to obtain the authorisation

because a sudden and extraordinary emergency exists.

Definitions

(4) In this section:

location includes any premises or place.

thing includes any means of transport, but does not include an

aircraft that is airborne.

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Powers to protect designated critical infrastructure Division 2A

Section 51IA

Defence Act 1903 47

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Division 2A—Powers to protect designated critical

infrastructure

51IA Application of this Division and Division 4

(1) If an order states in accordance with paragraph 51A(4)(c),

51AA(8)(c), 51B(3)(c) or 51C(3)(c) that this Division and

Division 4 apply in relation to the order, the following provisions

of this Division, and the provisions of Division 4, apply.

(2) In relation to an order under section 51AA, this Division and

Division 4 (in its operation in relation to this Division) apply only

in:

(a) the Australian offshore area; and

(b) if the order includes a direction mentioned in

subsection 51AA(5)—the internal waters of the State or

self-governing Territory specified in the order.

51IB Powers to protect designated critical infrastructure

A member of the Defence Force who is being utilised in

accordance with section 51D may, under the command of the Chief

of the Defence Force, do any one or more of the following for the

purpose of protecting designated critical infrastructure:

(a) take one or both of the following actions:

(i) prevent, or put an end to, damage or disruption to the

operation of the designated critical infrastructure;

(ii) prevent, or put an end to, acts of violence;

(b) in connection with taking any such action, do any one or

more of the following:

(i) if the member finds a person whom the member

believes on reasonable grounds to have committed an

offence against a law of the Commonwealth, a State or

Territory—detain the person for the purpose of placing

the person in the custody of a member of a police force

at the earliest practicable time;

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Division 2A Powers to protect designated critical infrastructure

Section 51IB

48 Defence Act 1903

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(ii) protect persons from acts of violence;

(iii) control the movement of persons or of means of

transport;

(iv) evacuate persons to a place of safety;

(v) search persons or things for dangerous things or other

things related to the threat concerned;

(vi) seize any dangerous thing or other thing related to the

threat concerned found in such a search;

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this section.

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General security area powers Division 3

Section 51J

Defence Act 1903 49

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Division 3—General security area powers

Subdivision A—Application of this Division and Division 4

51J Application of this Division and Division 4

If an order states in accordance with paragraph 51A(4)(c),

51B(3)(c) or 51C(3)(c) that this Division and Division 4 apply in

relation to the order, the following provisions of this Division, and

the provisions of Division 4, apply.

Subdivision B—Powers that may be exercised anywhere in a

general security area

51K Declaration of general security area

(1) The authorising Ministers may, in writing, declare that a specified

area, being a part of the State or Territory specified in the order, is

a general security area for the purposes of the application of this

Division and Division 4 in relation to members of the Defence

Force who are being utilised in accordance with section 51D.

Statement to be published

(2) If they do so, they must arrange for a statement that:

(a) summarises the content of the order, but without including

any reference to any statement in accordance with

paragraph 51A(4)(c), 51B(3)(c) or 51C(3)(c) that Division 2

applies in relation to the order; and

(b) states that the declaration has been made; and

to be:

(d) broadcast by a television or radio station so as to be capable

of being received within the general security area; and

(e) published in the Gazette; and

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Section 51L

50 Defence Act 1903

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(f) forwarded, within 24 hours after the declaration is made, to

the Presiding Officer of each House of the Parliament for

tabling in that House.

(2AA) However, subsection (2) does not apply if:

(a) the order mentioned in section 51J also states, in accordance

with paragraph 51A(4)(c), 51B(3)(c) or 51C(3)(c), that

Division 2 applies in relation to the order; and

(b) the authorising Ministers declare, in writing, that they are

satisfied that the application of subsection (2) would

prejudice the exercise of powers under Division 2 by

members of the Defence Force who are being utilised in

accordance with section 51D.

Houses to sit within 6 days

(2A) Each House of the Parliament must sit within 6 days after its

Presiding Officer receives the statement that is forwarded in

accordance with paragraph (2)(f).

Effect of failure to publish

(3) A failure to comply with subsection (2) does not make the

declaration ineffective to any extent.

51L Authorisation to search premises in the general security area

for dangerous things

(1) If, while the Defence Force is being utilised in accordance with

section 51D:

(a) the Chief of the Defence Force; or

(b) an officer of the Defence Force authorised by the Chief of the

Defence Force for the purposes of this section;

believes on reasonable grounds that:

security area; and

(d) it is necessary as a matter of urgency to make the dangerous

thing safe or prevent it from being used;

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Section 51L

Defence Act 1903 51

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he or she may give an authorisation under this section.

What the authorisation must say

(2) The authorisation must:

(a) authorise entry to, and search of, the premises; and

(b) describe the premises; and

Defence Force (the member in charge) who is to be in

charge of the search; and

(d) authorise the member in charge, and any other member of the

Defence Force assisting the member, (the search members)

to carry out the search; and

(e) authorise each search member to seize any thing found on the

premises in the course of the search that he or she believes on

reasonable grounds to be a dangerous thing; and

(f) state that, if any search member believes on reasonable

grounds that a person who is at or near the premises while the

search is being carried out has any dangerous thing in his or

her possession, the member is authorised to:

(i) search the person; and

(ii) seize any dangerous thing found in the search; and

(g) state the time during which the authorisation remains in

force, which must not be more than 24 hours.

Note: Subdivision B of Division 4 sets out what is to happen if a dangerous

thing is seized under this subsection.

Effect of the authorisation

(3) The authorisation has effect according to its terms.

Further authorisations possible

(4) Paragraph (2)(g) does not prevent the issue of further

authorisations in relation to the same premises.

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Section 51M

52 Defence Act 1903

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51M Copy of search authorisation to be given to occupier etc.

Right of occupier to be given copy of search authorisation etc.

(1) If the occupier of the premises specified in the search

authorisation, or another person who apparently represents the

occupier, is present at the premises when the search is being

carried out, the member in charge must:

(a) identify himself or herself to that person; and

(b) give that person a copy of the search authorisation.

Right of person searched to be shown copy of search authorisation

(2) The member in charge must, before any person (other than a

person who has been given a copy of the search authorisation

under subsection (1)) is searched in accordance with the search

authorisation, show the person a copy of the search authorisation.

51N Occupier etc. entitled to be present during search

(1) If the occupier of the premises specified in the search

authorisation, or another person who apparently represents the

occupier, is present at the premises when the search is being

carried out, the person is entitled to observe the search being

carried out.

Search not to be impeded

(2) The entitlement to observe the search being carried out ceases if

the person impedes the search.

Multiple searches

(3) This section does not prevent 2 or more areas of the premises being

searched at the same time.

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Section 51O

Defence Act 1903 53

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51O Search of means of transport in the general security area for

dangerous things

(1) If a member of the Defence Force who is being utilised in

accordance with section 51D believes on reasonable grounds that a

dangerous thing is in or on a means of transport in the general

security area, the member may:

(a) erect barriers or other structures for the purpose of stopping

the means of transport; and

(b) whether or not the member does so:

(i) stop and detain the means of transport; and

(ii) search the means of transport, and any thing found in or

on the means of transport, for the dangerous thing; and

(iii) seize any dangerous thing that the member finds in the

search.

Note: Subdivision B of Division 4 sets out what is to happen if a dangerous

thing is seized under this subsection.

(2) If the member stops the means of transport, the member must not

detain it for longer than is reasonable and necessary to search it and

any thing found in or on it.

51P Search of persons in the general security area for dangerous

things

If a member of the Defence Force who is being utilised in

accordance with section 51D believes on reasonable grounds that a

person in the general security area has a dangerous thing in the

person’s possession, the member may:

(a) search the person for such a thing; and

(b) seize any such thing found in the search.

Note: Subdivision B of Division 4 sets out what is to happen if a dangerous

thing is seized under this section.

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Section 51Q

54 Defence Act 1903

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Subdivision C—Powers that may be exercised only in relation

to a designated area in the general security area

51Q Declaration of designated area

(1) The authorising Ministers may, in writing, declare that a specified

area, being the whole or a part of a general security area, is a

designated area for the purposes of the application of this Division

and Division 4 in relation to members of the Defence Force who

are being utilised in accordance with section 51D.

Where no longer a general security area

(2) To avoid doubt, if the whole or part of the area later ceases to be

within a general security area, the whole or the part ceases to be a

designated area.

Declaration to be published

(3) If the authorising Ministers make a declaration under

subsection (1), they must take reasonable steps to make the public

aware of the declaration of the designated area and of its

boundaries.

(4) However, subsection (3) does not apply if the authorising Ministers

declare, in writing, that they are satisfied that the application of

subsection (3) would prejudice the exercise of powers under

Division 2 by members of the Defence Force who are being

utilised in accordance with section 51D.

51R Control of movement in relation to a designated area in the

general security area

Powers in relation to persons in charge of means of transport

(1) A member of the Defence Force who is being utilised in

accordance with section 51D may do any one or more of the

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Section 51R

Defence Act 1903 55

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following in relation to a person who is in charge of a means of

transport:

(a) if the means of transport is in a part of the general security

area that is outside a designated area—direct the person not

to bring the means of transport into the designated area;

(b) direct the person to take the means of transport out of a

designated area;

in a designated area to another place in the designated area;

(d) direct the person not to take the means of transport from a

place in a designated area to any other place, or to a specified

place, in the designated area;

(e) compel the person to comply with a direction under any of

the above paragraphs.

Erection of barriers etc.

(2) A member of the Defence Force may erect barriers or other

structures at the boundary of, or in, a designated area for the

purpose of stopping persons from bringing means of transport into

the designated area or to a place in the designated area.

Powers in relation to means of transport

(3) If there is no person in charge of a means of transport that is in a

designated area, a member of the Defence Force may do such

things as are reasonable and necessary for either of the following

purposes:

(a) to take the means of transport to a place in the general

security area that is outside the designated area;

(b) to take the means of transport to another place in the

designated area.

Powers in relation to persons generally

(4) A member of the Defence Force may do any one or more of the

following in relation to a person (whether or not in charge of a

means of transport):

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Section 51R

56 Defence Act 1903

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(a) if the person is in the general security area but outside a

designated area—direct the person not to enter the designated

area;

(b) direct the person to leave a designated area;

another place in the designated area;

(d) compel the person to comply with a direction under any of

the above paragraphs.

Powers to carry out consent searches

(5) The power of a member under paragraph (1)(a) or (4)(a) to direct a

person:

(a) not to bring a means of transport into a designated area; or

(b) not to enter a designated area;

includes:

unless the person agrees to a member searching:

(i) in either case—the person; and

(ii) in a paragraph (a) case—the means of transport and any

thing in or on the means of transport;

for dangerous things; and

(d) if the person agrees, the power to conduct such a search and

to seize any dangerous thing that the member finds in the

search.

Note: Subdivision B of Division 4 sets out what is to happen if a dangerous

thing is seized under this subsection.

Powers to enter premises etc. to give directions

(6) A member of the Defence Force may enter premises or a means of

transport for the purpose of giving a direction under any provision

of this section.

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Section 51S

Defence Act 1903 57

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51S Members to wear uniforms and identification when exercising

powers

(1) While any member of the Defence Force is exercising powers

under this Division, or under Division 4 in its operation in relation

to this Division, he or she must at all times:

(a) wear his or her uniform; and

(b) for the purposes of identification, have:

(i) his or her surname; or

(ii) his or her numbers or a combination of numbers and

letters of the alphabet;

on or attached to the front of his or her uniform.

Penalty: 30 penalty units.

Situation where no offence committed

(2) A member who contravenes paragraph (1)(b) does not commit an

offence if the contravention occurs because of an act of another

person (not being a member) done without the consent of the

member.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Members to be given means to comply with obligations

(4) The Chief of the Defence Force must take such steps as are

reasonable and necessary to ensure that members do not

contravene subsection (1).

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Division 3A Powers in the Australian offshore area etc.

Section 51SA

58 Defence Act 1903

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Division 3A—Powers in the Australian offshore area etc.

Subdivision A—Preliminary

51SA Application of this Division and Division 4

If an order states in accordance with paragraph 51AA(8)(c) that

this Division and Division 4 apply in relation to the order, the

following provisions of this Division, and the provisions of

Division 4, apply.

51SB Geographic application

This Division and Division 4 (in its operation in relation to this

Division) apply only in:

(a) the Australian offshore area; and

(b) if the order under section 51AA includes a direction

mentioned in subsection 51AA(5)—the internal waters of the

State or self-governing Territory specified in the order.

51SC International obligations

The authorising Ministers or an authorising Minister must, in

giving an authorisation or making a declaration under this

Division, have regard to Australia’s international obligations.

51SD Definitions

In this Division:

facility includes a fixed or floating structure or installation of any

kind.

vessel means:

(a) a ship, boat, raft, pontoon or submersible craft; or

(b) any other thing capable of carrying persons or goods through

or on water;

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Section 51SE

Defence Act 1903 59

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and includes a hovercraft (or other non-displacement craft) and a

floating structure or installation.

Subdivision B—Special powers of members of the Defence

Force

51SE Special powers of members of the Defence Force

Special powers

(1) Subject to this section, a member of the Defence Force who is

being utilised in accordance with section 51D may, under the

command of the Chief of the Defence Force, do any one or more of

the following:

(a) take any one or more of the following actions:

(i) take measures (including the use of force) against a

vessel or an aircraft, up to and including destroying the

vessel or aircraft;

(ii) give an order relating to the taking of such measures;

(iii) capture a vessel or aircraft;

(iv) board a facility, vessel or aircraft;

(v) recapture a facility, vessel or aircraft;

(vi) prevent, or put an end to, acts of violence;

(vii) protect persons from acts of violence;

(b) in connection with taking any such action, do any one or

more of the following:

(i) free any hostage from a facility, vessel or aircraft;

(ii) if the member finds a person whom the member

believes on reasonable grounds to have committed an

offence against a law of the Commonwealth, a State or

Territory—detain the person for the purpose of placing

the person in the custody of a member of a police force

at the earliest practicable time;

(iii) control the movement of persons, vessels or aircraft;

(iv) evacuate persons to a place of safety;

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Section 51SE

60 Defence Act 1903

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(v) search persons, facilities, vessels or aircraft for

dangerous things or other things related to the threat

concerned;

(vi) seize any dangerous thing or other thing related to the

threat concerned found in such a search;

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this subsection.

(2) Subparagraph (1)(a)(i) does not apply to the taking of measures

unless:

(a) the member of the Defence Force takes the measures under,

or under the authority of, an order of a superior; and

(b) the member was under a legal obligation to obey the order;

and

(d) the member has no reason to believe that circumstances have

changed in a material way since the order was given; and

(e) the member has no reason to believe that the order was based

on a mistake as to a material fact; and

(f) taking the measures was reasonable and necessary to give

effect to the order.

(3) Subparagraph (1)(a)(ii) does not apply to giving an order unless:

(a) the member of the Defence Force gives the order under, or

under the authority of, an order (a superior order) of a

superior; and

(b) the member was under a legal obligation to obey the superior

order; and

(d) the member has no reason to believe that circumstances have

changed in a material way since the superior order was given;

and

(e) the member has no reason to believe that the superior order

was based on a mistake as to a material fact; and

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Section 51SF

Defence Act 1903 61

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(f) giving the order was reasonable and necessary to give effect

to the superior order.

Ministerial authorisation

(4) However, the member must not:

(a) take any action mentioned in paragraph (1)(a); or

(b) do any of the things mentioned in paragraph (1)(b) or (c) in

connection with taking that action;

unless an authorising Minister has in writing authorised taking that

action.

Exception

(5) Subsection (4) does not apply if the member believes on reasonable

grounds that there is insufficient time to obtain the authorisation

because a sudden and extraordinary emergency exists.

Subdivision C—Powers that may be exercised anywhere in an

offshore area

51SF Declaration of offshore general security area

(1) The authorising Ministers may, in writing, declare that a specified

area is an offshore general security area for the purposes of the

application of this Division and Division 4 in relation to members

of the Defence Force who are being utilised in accordance with

section 51D.

(2) The area:

(a) may be specified by reference to an area surrounding one or

more vessels or aircraft, or surrounding a class of vessels or

aircraft, being an area the boundaries of which change as the

location of the vessels or aircraft changes; and

(b) may include areas within the internal waters of a State or

Territory if the order under section 51AA includes the

internal waters of the State or Territory.

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Section 51SG

62 Defence Act 1903

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Statement to be made available

(3) If the authorising Ministers make a declaration under

subsection (1), they must arrange for a statement that:

(a) summarises the content of the order under section 51AA; and

(b) states that the declaration has been made; and

boundaries;

to be:

(d) notified to persons in the offshore general security area to the

extent that this is practicable; and

(e) published in the Gazette; and

(f) forwarded, within 24 hours after the declaration is made, to

the Presiding Officer of each House of the Parliament for

tabling in that House.

(4) However, subsection (3) does not apply if the authorising Ministers

declare, in writing, that they are satisfied that the application of

subsection (3) would prejudice the exercise of powers under

Subdivision B by members of the Defence Force who are being

utilised in accordance with section 51D.

Houses to sit within 6 days

(5) Each House of the Parliament must sit within 6 days after its

Presiding Officer receives the statement that is forwarded in

accordance with paragraph (3)(f).

Effect of failure to publish

(6) A failure to comply with subsection (3) does not make the

declaration ineffective to any extent.

51SG Authorisation to search facilities in the offshore general

security area for dangerous and other things

(1) If, while the Defence Force is being utilised in accordance with

section 51D:

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Section 51SG

Defence Act 1903 63

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(a) the Chief of the Defence Force; or

(b) an officer of the Defence Force, or an officer of the Defence

Force included in a class of officers, authorised by the Chief

of the Defence Force for the purposes of this section;

believes on reasonable grounds that:

security area and it is necessary as a matter of urgency to

make the dangerous thing safe or prevent it from being used;

(d) there is another thing on a facility in the offshore general

security area that is related to the threat concerned and it is

necessary as a matter of urgency to seize the thing;

he or she may give an authorisation under this section.

What the authorisation must say

(2) The authorisation must:

(a) authorise entry to, and search of, the facility; and

(b) describe the facility; and

Defence Force (the offshore member in charge) who is to be

in charge of the search; and

(d) authorise the member in charge, and any other member of the

Defence Force assisting the member, (the offshore search

members) to carry out the search; and

(e) authorise each offshore search member to seize any thing

found on the facility in the course of the search that he or she

believes on reasonable grounds to be a dangerous thing or a

thing that is related to the threat concerned; and

(f) state that, if any offshore search member believes on

reasonable grounds that a person who is on or near the

facility while the search is being carried out has a dangerous

thing or a thing that is related to the threat concerned in his or

her possession, the member is authorised to:

(i) search the person; and

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Section 51SH

64 Defence Act 1903

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(ii) seize any dangerous thing or other thing related to the

threat concerned found in the search; and

(g) state the time during which the authorisation remains in

force, which must not be more than 24 hours.

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this subsection.

Effect of the authorisation

(3) The authorisation has effect according to its terms.

Further authorisations possible

(4) Paragraph (2)(g) does not prevent the issue of further

authorisations in relation to the same facility.

51SH Copy of offshore search authorisation to be given to occupier

etc.

Right of occupier to be given copy of offshore search authorisation

etc.

(1) If the occupier of the facility specified in the offshore search

authorisation, or another person who apparently represents the

occupier, is present on the facility when the search is being carried

out, the offshore member in charge must:

(a) identify himself or herself to that person; and

(b) give that person a copy of the offshore search authorisation.

Right of person searched to be shown copy of offshore search

authorisation

(2) The offshore member in charge must, before any person (other

than a person who has been given a copy of the offshore search

authorisation under subsection (1)) is searched in accordance with

the offshore search authorisation, show the person a copy of the

offshore search authorisation.

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Section 51SI

Defence Act 1903 65

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51SI Occupier etc. entitled to be present during search

(1) If the occupier of the facility specified in the offshore search

authorisation, or another person who apparently represents the

occupier, is present on the facility when the search is being carried

out, the person is entitled to observe the search being carried out.

Search not to be impeded

(2) The entitlement to observe the search being carried out ceases if

the person impedes the search.

Multiple searches

(3) This section does not prevent 2 or more areas of the facility being

searched at the same time.

51SJ Search of vessel or aircraft in the offshore general security

area for dangerous or other things

(1) If a member of the Defence Force who is being utilised in

accordance with section 51D believes on reasonable grounds that a

dangerous thing, or another thing that is related to the threat

concerned, is in or on a vessel or aircraft in the offshore general

security area, the member may:

(a) erect barriers or other structures for the purpose of stopping

the vessel or aircraft; and

(b) whether or not the member does so:

(i) stop and detain the vessel or aircraft; and

(ii) search the vessel or aircraft, and any thing found in or

on the vessel or aircraft, for the dangerous thing or other

thing that is related to the threat concerned; and

(iii) seize any dangerous thing or other thing that is related

to the threat concerned that the member finds in the

search.

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this subsection.

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Section 51SK

66 Defence Act 1903

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(2) If the member stops the vessel or aircraft, the member must not

detain it for longer than is reasonable and necessary to search it and

any thing found in or on it.

(3) The master of the vessel, or the captain of the aircraft, is entitled to

observe the search being carried out.

(4) The entitlement to observe the search being carried out ceases if

the master or captain impedes the search.

(5) This section does not prevent 2 or more areas of the vessel or

aircraft being searched at the same time.

51SK Search of persons in the offshore general security area for

dangerous and other things

If a member of the Defence Force who is being utilised in

accordance with section 51D believes on reasonable grounds that a

person in the offshore general security area has a dangerous thing,

or a thing that is related to the threat concerned, in the person’s

possession, the member may:

(a) search the person for such a thing; and

(b) seize any such thing found in the search.

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this section.

Subdivision D—Powers that may be exercised only in relation

to an offshore designated area in the offshore general

security area

51SL Declaration of offshore designated area

(1) The authorising Ministers may, in writing, declare that a specified

area, being the whole or a part of an offshore general security area,

is an offshore designated area for the purposes of the application of

this Division and Division 4 in relation to members of the Defence

Force who are being utilised in accordance with section 51D.

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Section 51SM

Defence Act 1903 67

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(2) The area:

(a) may be specified by reference to an area surrounding one or

more vessels or aircraft, or surrounding a class of vessels or

aircraft, being an area the boundaries of which change as the

location of the vessels or aircraft changes; and

(b) may include areas within the internal waters of a State or

Territory if the order under section 51AA includes the

internal waters of the State or Territory.

Where no longer an offshore general security area

(3) To avoid doubt, if the whole or part of the area later ceases to be

within an offshore general security area, the whole or the part

ceases to be an offshore designated area.

Declaration to be notified

(4) If the authorising Ministers make a declaration under

subsection (1), they must arrange for a statement that:

(a) states that the declaration has been made; and

(b) describes the offshore designated area and its boundaries;

to be notified to persons in the offshore designated area to the

extent that this is practicable.

(5) However, subsection (4) does not apply if the authorising Ministers

declare, in writing, that they are satisfied that the application of

subsection (4) would prejudice the exercise of powers under

Subdivision B by members of the Defence Force who are being

utilised in accordance with section 51D.

51SM Control of movement in relation to an offshore designated

area in the offshore general security area

Powers in relation to persons in charge of vessels or aircraft

(1) A member of the Defence Force who is being utilised in

accordance with section 51D may do any one or more of the

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Section 51SM

68 Defence Act 1903

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following in relation to a person who is in charge of a vessel or

aircraft:

(a) if the vessel or aircraft is in a part of the offshore general

security area that is outside an offshore designated area—

direct the person not to bring the vessel or aircraft into the

offshore designated area;

(b) direct the person to take the vessel or aircraft out of an

offshore designated area;

an offshore designated area to another place in the offshore

designated area;

(d) direct the person not to take the vessel or aircraft from a

place in an offshore designated area to any other place, or to

a specified place, in the offshore designated area;

(e) compel the person to comply with a direction under any of

the above paragraphs.

Erection of barriers etc.

(2) A member of the Defence Force may erect barriers or other

structures at the boundary of, or in, an offshore designated area for

the purpose of stopping persons from bringing a vessel or aircraft

into the offshore designated area or to a place in the offshore

designated area.

No person in charge of vessel

(3) If there is no person in charge of a vessel or aircraft that is in an

offshore designated area, a member of the Defence Force may do

such things as are reasonable and necessary for either of the

following purposes:

(a) to take the vessel or aircraft to a place in the offshore general

security area that is outside the offshore designated area;

(b) to take the vessel or aircraft to another place in the offshore

designated area.

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Section 51SM

Defence Act 1903 69

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Powers in relation to persons generally

(4) A member of the Defence Force may do any one or more of the

following in relation to a person (whether or not in charge of a

vessel or aircraft):

(a) if the person is in the offshore general security area but

outside an offshore designated area—direct the person not to

enter the offshore designated area;

(b) direct the person to leave an offshore designated area;

designated area to another place in the offshore designated

area;

(d) compel the person to comply with a direction under any of

the above paragraphs.

Powers to carry out consent searches

(5) The power of a member under paragraph (1)(a) or (4)(a) to direct a

person:

(a) not to bring a vessel or aircraft into an offshore designated

area; or

(b) not to enter an offshore designated area;

includes:

unless the person agrees to a member searching:

(i) in either case—the person; and

(ii) in a paragraph (a) case—the vessel or aircraft and any

thing on the vessel or aircraft;

for dangerous things or other things related to the threat

concerned; and

(d) if the person agrees, the power to conduct such a search and

to seize any such thing that the member finds in the search.

Note: Subdivision B of Division 4 sets out what is to happen if a thing is

seized under this subsection.

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Section 51SN

70 Defence Act 1903

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Powers to board vessel or aircraft to give directions

(6) A member of the Defence Force may board any vessel or aircraft

for the purpose of giving a direction under any provision of this

section.

51SN Members to wear uniforms and identification when exercising

powers

(1) While any member of the Defence Force is exercising powers

under this Division, or under Division 4 in its operation in relation

to this Division, he or she must at all times:

(a) wear his or her uniform; and

(b) for the purposes of identification, have:

(i) his or her surname; or

(ii) his or her numbers or a combination of numbers and

letters of the alphabet;

on or attached to the front of his or her uniform.

Penalty: 30 penalty units.

Situation where no offence committed

(2) A member who contravenes paragraph (1)(b) does not commit an

offence if the contravention occurs because of an act of another

person (not being a member) done without the consent of the

member.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Members to be given means to comply with obligations

(3) The Chief of the Defence Force must take such steps as are

reasonable and necessary to ensure that members do not

contravene subsection (1).

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Section 51SO

Defence Act 1903 71

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Geographical application

(4) Section 15.1 of the Criminal Code (extended geographical

jurisdiction—category B) applies to an offence against

subsection (1).

Subdivision E—Other powers

51SO Power to require person to answer questions or produce

documents

(1) A member of the Defence Force who is being utilised in

accordance with section 51D may, in connection with the exercise

of any power under this Division, require a person to answer a

question put by the member or to produce a particular document to

the member.

(2) However, the member may do so only if the member believes on

reasonable grounds that it is necessary for the purpose of

preserving the life or safety of other persons or to protect

Commonwealth interests against the threat concerned.

(3) A person commits an offence if:

(a) the person is required to answer a question or produce a

document under this section; and

(b) the person fails to comply with the requirement.

Penalty: 30 penalty units.

Self-incrimination

(4) A person is not excused from answering a question or producing a

document under this section on the ground that the answer to the

question, or the production of the document, may tend to

incriminate the person or make the person liable to a penalty.

(5) However:

(a) the answer given or document produced; or

(b) answering the question or producing the document; or

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Section 51SP

72 Defence Act 1903

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indirect consequence of the answering of the question or the

production of the document;

is not admissible in evidence against the person in criminal

proceedings other than:

(d) proceedings for an offence against subsection (3); or

(e) proceedings for an offence against section 137.1 or 137.2 of

the Criminal Code (about false or misleading information or

documents) that relates to this section.

51SP Power to require person to operate facility, vessel or aircraft

or machinery or equipment

(1) A member of the Defence Force who is being utilised in

accordance with section 51D may, in connection with the exercise

of any power under this Division, require a person to operate a

facility, vessel or aircraft, or machinery or equipment on a facility,

vessel or aircraft, in a particular manner.

(2) However, the member may do so only if the member believes on

reasonable grounds that it is necessary for the purpose of

preserving the life or safety of other persons or to protect

Commonwealth interests against the threat concerned.

(3) A person commits an offence if:

(a) the person is required to operate a facility, vessel or aircraft,

or machinery or equipment on a facility, vessel or aircraft, in

a particular manner under this section; and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 30 penalty units.

51SQ Geographical jurisdiction for offences

Section 15.4 of the Criminal Code (extended geographical

jurisdiction—category D) applies to an offence against

section 51SO or 51SP.

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Powers relating to aircraft Division 3B

Section 51SR

Defence Act 1903 73

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Division 3B—Powers relating to aircraft

51SR Application of this Division and Division 4

If an order states in accordance with paragraph 51A(4)(c),

51AB(4)(c), 51B(3)(c) or 51C(3)(c) that this Division and

Division 4 apply in relation to the order, the following provisions

of this Division, and the provisions of Division 4, apply.

51SS Geographical application

This Division and Division 4 (in its operation in relation to this

Division) extend to the Australian offshore area.

51ST Special powers of members of the Defence Force

Taking measures against aircraft

(1) A member of the Defence Force who is being utilised in

accordance with section 51D may, under the command of the Chief

of the Defence Force:

(a) take measures (including the use of force) against an aircraft,

up to and including destroying the aircraft; or

(b) give an order relating to the taking of such measures;

whether or not the aircraft is airborne.

(2) Paragraph (1)(a) does not apply to the taking of measures unless:

(a) the member of the Defence Force takes the measures under,

or under the authority of, an order of a superior; and

(b) the member was under a legal obligation to obey the order;

and

(d) the member has no reason to believe that circumstances have

changed in a material way since the order was given; and

(e) the member has no reason to believe that the order was based

on a mistake as to a material fact; and

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Section 51ST

74 Defence Act 1903

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(f) taking the measures was reasonable and necessary to give

effect to the order.

(3) Paragraph (1)(b) does not apply to giving an order unless:

(a) the member of the Defence Force gives the order under, or

under the authority of, an order (a superior order) of a

superior; and

(b) the member was under a legal obligation to obey the superior

order; and

(d) the member has no reason to believe that circumstances have

changed in a material way since the superior order was given;

and

(e) the member has no reason to believe that the superior order

was based on a mistake as to a material fact; and

(f) giving the order was reasonable and necessary to give effect

to the superior order.

Ministerial authorisation

(4) However, the member must not take measures against an aircraft,

or give an order of a kind mentioned in paragraph (1)(b) in

connection with an aircraft, unless an authorising Minister has in

writing authorised the taking of measures against the aircraft.

Exception

(5) Subsection (4) does not apply if:

(a) the member believes on reasonable grounds that there is

insufficient time to obtain the authorisation because a sudden

and extraordinary emergency exists; or

(b) the measures are taken in specified circumstances that an

authorising Minister has authorised under subsection (6).

(6) An authorising Minister may in writing authorise the taking of

measures against an aircraft in specified circumstances if this

Division applies because an order states in accordance with

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Section 51ST

Defence Act 1903 75

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paragraph 51AB(4)(c) that this Division and Division 4 apply in

relation to the order.

Authorising Minister must be satisfied of reasonableness and

necessity

(7) An authorising Minister must not authorise the taking of measures

against an aircraft unless the Minister is satisfied that:

(a) in the case of an authorisation under subsection (4)—taking

action against the aircraft is reasonable and necessary; or

(b) in the case of an authorisation under subsection (6)—taking

action against the aircraft would be reasonable and necessary

if the specified circumstances in question were to arise.

International obligations

(8) An authorising Minister must, in giving an authorisation under this

section, have regard to Australia’s international obligations.

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Section 51T

76 Defence Act 1903

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Division 4—Provisions common to Divisions 2 to 3B

Subdivision A—Use of reasonable and necessary force

51T Use of reasonable and necessary force

(1) A member of the Defence Force may, in exercising any power

under Division 2, 2A, 3, 3A or 3B or this Division, use such force

against persons and things as is reasonable and necessary in the

circumstances.

(1A) However, subsection (1) does not apply to the powers under

Subdivision E of Division 3A.

(1B) To avoid doubt, any use of force by a member of the Defence

Force under this Part must be in accordance with this section.

Further restrictions on use of force

(2) Despite subsection (1), in exercising powers under Division 2, 3 or

3A (other than subparagraph 51SE(1)(a)(i) or (ii)) or this Division,

a member of the Defence Force must not, in using force against a

person:

(a) do anything that is likely to cause the death of, or grievous

bodily harm to, the person unless the member believes on

reasonable grounds that doing that thing is necessary to

protect the life of, or to prevent serious injury to, another

person (including the member); or

(b) subject the person to greater indignity than is reasonable and

necessary in the circumstances.

(2A) Despite subsection (1), in exercising powers under Division 2A, a

member of the Defence Force must not, in using force against a

person:

(a) do anything that is likely to cause the death of, or grievous

bodily harm to, the person unless the member believes on

reasonable grounds that doing that thing is necessary to:

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Section 51U

Defence Act 1903 77

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(i) protect the life of, or to prevent serious injury to,

another person (including the member); or

(ii) protect, against the threat concerned, the designated

critical infrastructure in respect of which the powers are

being exercised; or

(b) subject the person to greater indignity than is reasonable and

necessary in the circumstances.

(2B) Despite subsection (1), in exercising powers under

subparagraph 51SE(1)(a)(i) or (ii) or Division 3B, a member of the

Defence Force must not, in using force against a person or thing,

do anything that is likely to cause the death of, or grievous bodily

harm to, the person unless the member believes on reasonable

grounds that:

(a) doing that thing is necessary to protect the life of, or to

prevent serious injury to, another person (including the

member); or

(b) doing that thing is necessary to protect designated critical

infrastructure against a threat of damage or disruption to its

operation; or

the order under which, or under the authority of which, the

member is acting.

(3) In addition to the relevant limitation in paragraph (2)(a),

subparagraph (2A)(a)(i) or (ii) or paragraph (2B)(a), (b) or (c), if a

person is attempting to escape being detained by fleeing, a member

of the Defence Force must not do anything that is likely to cause

the death of, or grievous bodily harm to, the person unless the

person has, if practicable, been called on to surrender and the

member believes on reasonable grounds that the person cannot be

apprehended in any other manner.

51U Persons to be informed of offence if detained

(1) A member of the Defence Force who, in accordance with

subparagraph 51I(1)(b)(ii), 51IB(b)(i) or 51SE(1)(b)(ii) or

paragraph 51V(e), detains a person must inform the person, at the

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Division 4 Provisions common to Divisions 2 to 3B

Section 51V

78 Defence Act 1903

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time the person is detained, of the offence mentioned in that

provision.

(2) It is sufficient if the person is informed of the substance of the

offence, and it is not necessary that this be done in language of a

precise or technical nature.

(3) Subsection (1) does not apply to the detention of a person if:

(a) the person should, in the circumstances, know the substance

of the offence; or

(b) the person’s actions make it impracticable for the member to

inform the person of the offence.

Subdivision B—Action to be taken if things are seized

51V Action to be taken if things are seized

If a member of the Defence Force seizes a thing under Division 2,

2A, 3 or 3A, the member:

(a) may take such action as is reasonable and necessary to make

the thing safe or prevent it being used; and

(b) if the member seized the thing from a person—must, if it is

practicable to do so, give the person a receipt for the thing;

and

has been used or otherwise involved in the commission of an

offence against a law of the Commonwealth, a State or a

Territory—must give the thing to a member of a police force

at the earliest practicable time; and

(d) if paragraph (c) does not apply—must:

(i) if the member seized the thing from a person and it is

practicable to do so—return the thing to the person; or

(ii) if not, give it to a member of a police force; and

(e) if:

(i) the member seized the thing from a person; and

(ii) the member believes on reasonable grounds that the

person used the thing in the commission of an offence

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Provisions common to Divisions 2 to 3B Division 4

Section 51W

Defence Act 1903 79

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against a law of the Commonwealth, a State or a

Territory;

may detain the person for the purpose of placing him or her

in the custody of a member of a police force at the earliest

practicable time.

Subdivision C—Members not entitled to exercise powers if

obligations not complied with

51W Members not entitled to exercise powers if obligations not

complied with

If, before, during or after exercising a power under Division 2, 2A,

3, 3A or 3B or this Division, a member of the Defence Force fails

to comply with any obligation imposed under any of those

Divisions that relates to the exercise of the power, the member is

not, or is taken not to have been, entitled to exercise the power.

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Part IIIAAA Utilisation of Defence Force to protect Commonwealth interests and

States and self-governing Territories

Division 4A Applicable criminal law

Section 51WA

80 Defence Act 1903

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Division 4A—Applicable criminal law

51WA Applicable criminal law

(1) The substantive criminal law of the Jervis Bay Territory, as in

force from time to time, applies in relation to a criminal act of a

member of the Defence Force that is done, or purported to be done,

under this Part.

(2) The substantive criminal law of the States and the other Territories,

as in force from time to time, does not apply in relation to a

criminal act of a member of the Defence Force that is done, or

purported to be done, under this Part.

(3) To avoid doubt, Chapter 2 of the Criminal Code does not apply to

an act done, or purported to be done, under this Part that is a

criminal act (except to the extent that it constitutes an offence

against the law of the Commonwealth).

(4) To avoid doubt, the functions of the Director of Public

Prosecutions under section 6 of the Director of Public

Prosecutions Act 1983 in relation to the law of the Jervis Bay

Territory as applied by subsection (1) are exclusive of the

corresponding functions of any officer of a State or Territory, in

relation to the law of the Jervis Bay Territory as so applied, under a

law corresponding to that Act.

Note: It is not intended that this section or Act restrict or limit the power of

State or Territory police to investigate any criminal acts done, or

purported to be done, by Defence Force members when operating

under Part IIIAAA of this Act.

51WB Defence of superior orders in certain circumstances

(1) Subject to subsection (2), the fact that a criminal act was done, or

purported to be done, by a member of the Defence Force under this

Part under an order of a superior does not relieve the member of

criminal responsibility.

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Applicable criminal law Division 4A

Section 51WB

Defence Act 1903 81

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(2) It is a defence to a criminal act done, or purported to be done, by a

member of the Defence Force under this Part that:

(a) the criminal act was done by the member under an order of a

superior; and

(b) the member was under a legal obligation to obey the order;

and

(d) the member had no reason to believe that circumstances had

changed in a material respect since the order was given; and

(e) the member had no reason to believe that the order was based

on a mistake as to a material fact; and

(f) the action taken was reasonable and necessary to give effect

to the order.

(3) Subsection (2) does not limit the defences that may be available to

the person.

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States and self-governing Territories

Division 5 Miscellaneous

Section 51X

82 Defence Act 1903

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Division 5—Miscellaneous

51X Publication of order and report

Single order

(1) If:

(a) an order under Division 1 ceases to be in force; and

(b) the order is not one of 2 or more orders to which

subsection (2) applies;

the Minister must arrange for presentation to the Parliament in

accordance with subsection (3) of:

(i) the order; and

(ii) any declarations of general security areas or designated

areas, or of offshore general security areas or offshore

designated areas, under the order; and

(d) a report on any utilisation of the Defence Force that occurred

under the order.

Successive orders

(2) If 2 or more orders under Division 1 about the same or related

circumstances come into force in succession, without any

intervening period when no such order is in force, the Minister

must arrange for presentation to the Parliament in accordance with

subsection (3) of:

(a) a copy of:

(i) all of the orders; and

(ii) any declarations of general security areas or designated

areas, or of offshore general security areas or offshore

designated areas, under the orders; and

(b) a report on any utilisation of the Defence Force that occurred

under the orders.

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Miscellaneous Division 5

Section 51XA

Defence Act 1903 83

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Reporting to Parliament

(3) For the purposes of subsection (1) or (2), presentation to the

Parliament of the copy and report is in accordance with this

subsection if the copy and report are forwarded to the Presiding

Officer of each House:

(a) if that House sits before the end of 7 days after the order

mentioned in subsection (1) or the last of the orders

mentioned in subsection (2) ceases to be in force—for tabling

in that House before the end of that 7 days; or

(b) if not—before the end of that 7 days for distribution to all

Senators or Members of the House of Representatives, as the

case may be.

Effect of revocation

(5) To avoid doubt, a reference to an order ceasing to be in force

includes a reference to an order ceasing to be in force because it is

revoked.

51XA Review of operation of Part

Independent review where first orders made

(1) If:

(a) before the end of 3 years after the commencement of this

Part:

(i) an order under Division 1 ceases to be in force, where

the order is not one of 2 or more orders to which

subparagraph (ii) applies; or

(ii) 2 or more orders under Division 1 cease to be in force,

where the orders were about the same or related

circumstances and came into force in succession,

without any intervening period when no such order was

in force; and

(b) no order under Division 1 had previously been made;

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Division 5 Miscellaneous

Section 51XA

84 Defence Act 1903

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the Minister must, subject to subsection (2), before the end of 6

months after the order mentioned in subparagraph (a)(i), or the last

of the orders mentioned in subparagraph (a)(ii), ceases to be in

force, arrange for the carrying out of an independent review (see

subsection (6)) of the operation of this Part in relation to the order

or orders.

Independent review not required if Parliamentary committee

report

(2) Subsection (1) does not apply if a committee of one or both of the

Houses of the Parliament has already presented a report to that

House or both of the Houses, as the case may be, about the

operation of this Part in relation to the order or orders.

Independent review where no orders made

(3) If no order under Division 1 ceases to be in force before the end of

3 years after the commencement of this Part, the Minister must,

subject to subsection (4), as soon as practicable after those 3 years,

arrange for the carrying out of an independent review of the

operation of this Part during those 3 years.

Independent review not required if Parliamentary committee

report

(4) Subsection (3) does not apply if a committee of one or both of the

Houses of the Parliament has already presented a report to that

House or those Houses, as the case may be, about the operation of

this Part during those 3 years.

Tabling of report of independent review

(5) The Minister must arrange for a copy of the report of any

independent review under subsection (1) or (3) to be tabled in each

House of the Parliament within 5 sitting days of that House after

the Minister is given the report.

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Miscellaneous Division 5

Section 51XB

Defence Act 1903 85

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Meaning of “independent review”

(6) In this section:

independent review means a review, and report to the Minister, by

2 or more persons who:

(a) in the Minister’s opinion, possess appropriate qualifications

to carry out the review; and

(b) include at least one person who:

(i) is not employed by the Commonwealth or a

Commonwealth authority; and

(ii) has not, since the commencement of this Part, provided

services to the Commonwealth or a Commonwealth

authority under or in connection with a contract.

51XB Instruments that are not legislative instruments

An order, authorisation or declaration made under this Part is not a

legislative instrument.

51Y Part additional to other Defence Force utilisation and powers

This Part does not affect any utilisation of the Defence Force that

would be permitted or required, or any powers that the Defence

Force would have, if this Part were disregarded.

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Part IIIAA Superannuation

Section 52

86 Defence Act 1903

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Part IIIAA—Superannuation

52 Determination of benefit

(1) The Minister may, by legislative instrument, make determinations

for the purpose of providing a superannuation benefit in respect of:

(a) service on and after 1 January 1988 by members of the

Permanent Forces; and

(b) continuous full time naval, military or air force service on

and after that day by members of the Reserves.

(2) A determination:

(a) shall not be inconsistent with this Act; and

(b) shall not be expressed to take effect from a day before

1 January 1988.

(3) In making determinations, the Minister shall have regard to:

(a) principle 3 of the wage fixing principles adopted by the

Conciliation and Arbitration Commission in its national wage

case decision of 23 September 1983, as modified by its

national wage case decision of 26 June 1986;

(b) the provisions of the Superannuation (Productivity Benefit)

Act 1988; and

members of the Defence Force and the arrangements for the

administration of the Defence Force.

(3A) The Minister may not make a determination that would have the

effect that the Commonwealth, as employer, would have an

individual superannuation guarantee shortfall for a member

referred to in subsection (1) for any quarter under the

Superannuation Guarantee (Administration) Act 1992.

(4A) Paragraph 14(1)(a) of the Legislation Act 2003 applies in relation

to a determination under this section as if the reference in that

paragraph to legislative instruments covered by subsection 14(3) of

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Section 52A

Defence Act 1903 87

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that Act included a reference to determinations under section 58H

of this Act.

Note: Section 14 of the Legislation Act 2003 allows legislative instruments

to provide for matters by reference to disallowable legislative

instruments as in force at a particular time or from time to time. That

section would, for example, allow a determination under this section

to provide for matters by reference to a determination under

section 58B as in force at a particular time or from time to time.

(5) Determinations may make provision for, and in relation to,

reducing a superannuation benefit under the determinations in a

case where a person becomes entitled to benefits under the Military

Superannuation and Benefits Act 1991 in circumstances mentioned

in subparagraph 5A(1)(b)(i) of that Act.

Note: Section 5A of the Military Superannuation and Benefits Act 1991

provides for superannuation benefits for a non-member spouse in

respect of splitting agreements and splitting orders under the Family

Law Act 1975.

(6) Reductions referred to in subsection (5) are to be disregarded in

applying subsection (3A).

52A Department’s employer superannuation contributions

(1) This section applies in relation to a person if:

(a) the person:

(i) renders service as a member of the Permanent Forces on

or after 1 July 2016; or

(ii) renders continuous full time naval, military or air force

service as a member of the Reserves on or after that

day; and

(b) the person:

(i) is a member of the Australian Defence Force

Superannuation Scheme; or

(ii) would have been a member of ADF Super except that

another fund has become the person’s chosen fund for

contributions by the Department.

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Section 52B

88 Defence Act 1903

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Employer superannuation contributions

(2) Each payday for the person, the Department must contribute to the

person’s chosen fund, for the benefit of the person, 16.4% of the

ordinary time earnings paid by the Department for the person for

the pay period.

Definitions

(3) In this section:

ADF Super has the meaning given by the Australian Defence

Force Superannuation Act 2015.

chosen fund for a person:

(a) if the person has chosen a fund under section 32F of the

Superannuation Guarantee (Administration) Act 1992—has

the same meaning as in that section; or

(b) otherwise—means ADF Super.

ordinary time earnings for a person is the number of dollars in the

person’s ordinary time earnings (within the ordinary meaning of

the expression):

(a) including any payments of parental leave; but

(b) excluding any amount that is deducted from those earnings

under a salary sacrifice arrangement.

payday for a person means the day on which the person’s ordinary

time earnings are ordinarily paid for a pay period.

pay period for a person means the period in relation to which

person’s ordinary time earnings are ordinarily paid.

52B Providing information to CSC in relation to invalidity

The Department may disclose information obtained by the

Department to CSC if:

(a) the information relates to a person:

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Section 53

Defence Act 1903 89

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(i) who has been, or is to be, retired from the Defence

Force; or

(ii) whose service in the Defence Force has been, or is to

be, terminated;

as a result of physical or mental impairment; and

(b) the information is provided to CSC for the purposes of:

(i) Part V of the Defence Force Retirement and Death

Benefits Act 1973 (invalidity benefits); or

(ii) Division 2 of Part 3 of the Schedule to the Military

Superannuation and Benefits Trust Deed (invalidity

benefits) made under section 4 of the Military

Superannuation and Benefits Act 1991.

Note: This section constitutes an authorisation for the purposes of other

laws, such as the Privacy Act 1988.

53 Trustee of scheme providing superannuation benefit

For the purposes of the definition of trustee in section 43 of the

Superannuation Contributions Tax (Assessment and Collection)

Act 1997, CSC is taken to be the person who manages the scheme

constituted by the Defence Force (Superannuation) (Productivity

Benefit) Determination made under section 52 of the Defence Act

1903.

Note: The definitions of public sector superannuation scheme,

superannuation fund and trustee in section 43 of the Superannuation

Contributions Tax (Assessment and Collection) Act 1997 are relevant

to this section.

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Part IIIA Remuneration, allowances and other benefits

Division 1 Determinations by the Minister

Section 58A

90 Defence Act 1903

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Part IIIA—Remuneration, allowances and other

benefits

Division 1—Determinations by the Minister

58A Interpretation

In this Division, unless the contrary intention appears:

determination means a determination made under section 58B.

member includes a person who has ceased to be a member,

whether by reason of death or otherwise.

member of the family, in relation to a member, includes a member

of the household of the member and a dependant of the member.

remuneration means remuneration by way of salary, pay,

allowances or otherwise.

58B Minister may make determinations

(1) The Minister may, by legislative instrument, make determinations,

not inconsistent with this Act, providing for and in relation to:

(a) the remuneration of members; and

(b) the payment of allowances or other pecuniary benefits

(except allowances or benefits by way of remuneration) to or

for members, including the payment of additional

compensation to members of the Reserves to whom

compensation is payable under the Safety, Rehabilitation and

Compensation Act 1988; and

in respect of members of the families of members; and

(d) leave of absence and long service leave of members; and

(e) the provision of other benefits to or in respect of members, or

to or in respect of members of the families of members; and

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Section 58B

Defence Act 1903 91

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(f) the payment of allowances and expenses to or in respect of,

and the provision of travelling facilities for, applicants for

appointment or engagement as members in respect of

attendance at an enlistment centre of the Defence Force or

attendance for interview or examination; and

(g) deductions from the remuneration of a member or from

allowances or other pecuniary benefits referred to in

paragraphs (b) and (c); and

(ga) payments, by way of compensation, incentives or other

benefits, to:

(i) members of the Reserves; or

(ii) their dependants; or

(iii) their employers, business or professional partners or

other associates; or

(iv) other persons;

in relation to the availability of the members for defence

service, or for losses incurred or inconvenience suffered

because of the members’ absence on defence service

(including losses incurred or inconvenience suffered because

of the operation of the Defence Reserve Service (Protection)

Act 2001); and

(h) the meanings to be attributed to words and expressions used

in existing determinations and future determinations made

under this section, and the circumstances in which those

meanings are to apply.

(1AA) Expressions used in paragraph (1)(ga) that are defined in the

Defence Reserve Service (Protection) Act 2001 have the same

meaning as in that Act.

(1A) Paragraph 14(1)(a) of the Legislation Act 2003 applies in relation

to a determination under this section as if the reference in that

paragraph to legislative instruments covered by subsection 14(3) of

that Act included a reference to:

(a) determinations under section 58H of this Act; and

(b) determinations under section 24 of the Public Service Act

1999.

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Part IIIA Remuneration, allowances and other benefits

Division 1 Determinations by the Minister

Section 58E

92 Defence Act 1903

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Note: Section 14 of the Legislation Act 2003 allows legislative instruments

to provide for matters by reference to disallowable legislative

instruments as in force at a particular time or from time to time.

(1B) A determination under this section may provide that, where an

amount has been paid (whether before or after the commencement

of this subsection) to a member or to a member of the family of a

member under the regulations or under a determination made under

this section or under Division 2, the member or the member of the

family of the member is required to pay to the Commonwealth an

amount, not exceeding the first-mentioned amount, upon the

occurrence of an event specified in the determination, and may

provide for the manner of recovery of such an amount.

(2) Subsection (1) does not authorize the making of a determination

providing for or in relation to the payment to or in respect of a

member, or to or in respect of a member of the family of a

member, of a benefit in the nature of a pension.

(9) In this section, a reference to this Act does not include a reference

to the regulations.

58E Delegation

(1) The Minister may delegate his or her powers to make

determinations under subsection 58B(1) to one or more of the

following:

(a) the Secretary;

(b) an SES employee performing duty in the Department;

position not below an Executive Level 2 position, or

equivalent, in the Department;

(d) an officer of the Navy who holds a rank not below the rank

of Captain;

(e) an officer of the Army who holds a rank not below the rank

of Colonel;

(f) an officer of the Air Force who holds a rank not below the

rank of Group Captain.

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Determinations by the Minister Division 1

Section 58E

Defence Act 1903 93

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(2) However, the Minister must not delegate his or her power under

paragraph 58B(1)(ga) to make determinations for and in relation to

payments, by way of compensation, incentives or other benefits.

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Part IIIA Remuneration, allowances and other benefits

Division 2 The Defence Force Remuneration Tribunal

Section 58F

94 Defence Act 1903

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Division 2—The Defence Force Remuneration Tribunal

58F Interpretation

In this Division, unless the contrary intention appears:

AIRC means the Australian Industrial Relations Commission

referred to in section 61 of the Workplace Relations Act 1996, as in

force immediately before the commencement of Schedule 1 to the

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

Defence Force Advocate means the Defence Force Advocate

appointed under section 58S.

FWC means the Fair Work Commission.

member of the Tribunal means a member of the Tribunal

appointed under section 58G, and includes the President.

President means the President of the Tribunal appointed under

section 58G.

relevant allowances, in relation to a member, means allowances by

way of remuneration payable to the member and, without limiting

the generality of the foregoing, includes any allowance payable to

the member:

(a) in respect of the service of the member on a ship or aircraft;

(b) as general compensation for the disadvantages of rendering

naval, military or air force service;

the member; or

(d) as compensation for the hazardous nature of the duties that

the member is required to perform or for the conditions under

which the member is required to perform his or her duties.

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The Defence Force Remuneration Tribunal Division 2

Section 58G

Defence Act 1903 95

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Remuneration Tribunal means the Remuneration Tribunal

established by subsection 4(1) of the Remuneration Tribunal Act

1973.

salary includes pay.

single member means a member of the Tribunal specified in a

direction made under subsection 58KA(1).

Tribunal means the Defence Force Remuneration Tribunal

established by section 58G.

58G Establishment of Defence Force Remuneration Tribunal

(1) There is established by this section a Defence Force Remuneration

Tribunal.

(2) The Tribunal shall consist of:

(a) a President;

(b) a person who is experienced in industrial relations matters;

and

Permanent Forces (although the person may be a member of

the Reserves).

(3) The members of the Tribunal shall be appointed by the

Governor-General on a part-time basis.

(4) The person appointed as President shall be a Deputy President of

the FWC.

(5) A person must not be appointed as a member of the Tribunal if he

or she has, at any time during the year preceding the appointment,

been a member of the Permanent Forces.

(6) The performance of the duties and functions and the exercise of the

powers of the Tribunal are not affected by reason only of there

being one vacancy in the membership of the Tribunal.

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Part IIIA Remuneration, allowances and other benefits

Division 2 The Defence Force Remuneration Tribunal

Section 58H

96 Defence Act 1903

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58H Functions and powers of Tribunal

(1) The functions of the Tribunal are to inquire into and determine, in

accordance with this section, the matters referred to in

subsection (2).

(2) The Tribunal shall, as provided for by this section:

(a) inquire into and determine the salaries and relevant

allowances to be paid to members; and

(b) inquire into and make determinations in respect of prescribed

matters that have been referred to the Tribunal.

(3) The Minister or, subject to subsection (4), the Secretary or the

Chief of the Defence Force may, by notice in writing given to the

President, refer a prescribed matter to the Tribunal.

(4) The Secretary or the Chief of the Defence Force shall not, without

the approval in writing of the Minister, refer a prescribed matter to

the Tribunal pursuant to subsection (3) if:

(a) at any time during the preceding 12 months, the Minister has

made a determination under section 58B that relates, in

whole or in part, to that matter; or

(b) the Secretary or the Chief of the Defence Force is aware that,

at any time during the preceding 12 months, submissions

have been made to the Minister requesting the Minister to

make a determination that relates, in whole or in part, to that

matter and the Minister has not made such a determination.

(5) The Tribunal shall, within 2 years of the commencement of this

section or within such shorter period as the Minister, by notice in

writing given to the President, determines, inquire into and make a

determination in respect of the salaries and relevant allowances to

be paid to members.

(6) Where a determination of the Tribunal in respect of the salaries and

relevant allowances to be paid to members is in force, the Tribunal

shall inquire into and make a further determination in respect of

those salaries and allowances:

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The Defence Force Remuneration Tribunal Division 2

Section 58H

Defence Act 1903 97

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(a) within 2 years of the first-mentioned determination taking

effect; or

(b) if the Minister, by notice in writing given to the President,

requests the Tribunal to make a further determination in

respect of those salaries and allowances within a shorter

period of the first-mentioned determination taking effect—

within that shorter period.

(7) A determination of the Tribunal shall be in writing and shall take

effect, or shall be deemed to have taken effect, on such day as the

Tribunal specifies for the purpose in the determination.

(8) The Tribunal shall not specify as the day on which a determination

of the Tribunal takes effect a day earlier than the day on which the

determination is made in any case where, if the determination so

took effect:

(a) the rights of a person (other than the Commonwealth) which

existed immediately before the last-mentioned day would be

affected in a manner prejudicial to that person; or

(b) liabilities would be imposed on a person (other than the

Commonwealth) in respect of anything done or omitted to be

done before that last-mentioned day;

and where, in a determination of the Tribunal, any provision is

made in contravention of this subsection, that provision shall be of

no effect.

(9) The President shall give a copy of each determination made by the

Tribunal to the Minister, to the Secretary and to the Chief of the

Defence Force.

(10) Where the Tribunal has made a determination (not being a

determination made pursuant to subsection (12)), the Minister, the

Secretary or the Chief of the Defence Force may, by notice in

writing given to the President within 28 days of the determination

being made, request the Tribunal to reconsider the determination.

(11) A notice of request under subsection (10) shall set out the grounds

on which the reconsideration is being sought.

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Section 58HA

98 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(12) As soon as practicable after a request is made under

subsection (10) for reconsideration of a determination, the Tribunal

shall reconsider the determination and shall make a further

determination affirming, varying or replacing the first-mentioned

determination.

(13) The Minister shall cause a copy of each determination of the

Tribunal to be laid before each House of the Parliament within 15

sitting days of that House after the determination is received by the

Minister.

(14) Any regulation made under this Act, and any determination made

under section 58B of this Act, has no effect to the extent that it is

inconsistent with any determination of the Tribunal.

(15) In this section, prescribed matter means a matter in relation to

which the Minister may make determinations under section 58B,

not being a matter referred to in paragraph (2)(a).

58HA Hearings in relation to discriminatory determinations

(1) If a determination is referred to the Tribunal under section 46PY of

the Australian Human Rights Commission Act 1986, the Tribunal

must hold a hearing to review the determination.

(2) Unless the hearing takes place before a single member of the

Tribunal, subsections 58K(1) to (6) apply to the hearing as if it

were a meeting of the Tribunal.

(3) The Tribunal must decide whether or not the hearing is to be held

in public.

(4) If the Tribunal decides that the hearing is not to be held in public,

then, subject to subsection (5) and subsections 58K(9) and

58KB(5), the Tribunal may decide the people who may be present.

(5) The Sex Discrimination Commissioner is entitled to notice of, and

to be present at, the hearing and may make submissions to the

Tribunal.

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Section 58HB

Defence Act 1903 99

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(6) In this section:

determination includes a variation to a determination.

Tribunal includes a single member conducting the Tribunal’s

business under a direction under subsection 58KA(1).

58HB Review of discriminatory determinations

(1) If:

(a) a determination has been referred to the Tribunal under

section 46PY of the Australian Human Rights Commission

Act 1986; and

(b) the Tribunal considers that the determination is a

discriminatory determination;

the Tribunal must take the necessary action to remove the

discrimination, by setting aside the determination, setting aside

terms of the determination or varying the determination.

(2) In this section:

determination has the same meaning as in section 58HA.

discriminatory determination means a determination that:

(a) has been referred to the Tribunal under section 46PY of the

Australian Human Rights Commission Act 1986; and

(b) requires a person to do an act that would be unlawful under

Part II of the Sex Discrimination Act 1984 except for the fact

that the act would be done in direct compliance with the

determination.

Tribunal has the same meaning as in section 58HA.

(3) For the purposes of the definition of discriminatory determination

in subsection (2), the fact that an act is done in direct compliance

with the determination does not of itself mean that the act is

reasonable.

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Section 58J

100 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

58J Reports by Tribunal

(1) The Minister may, by notice in writing given to the President,

request the Tribunal to inquire into and report to the Minister on a

matter specified in the notice, being a matter in relation to which

the Tribunal may make a determination pursuant to section 58H.

(2) When a request is made under subsection (1), the Tribunal shall

inquire into the matter concerned and give to the Minister a report

in writing on that matter.

58K Procedure of Tribunal

(1) The President shall convene such meetings of the Tribunal as he or

she considers necessary for the efficient performance of its

functions.

(2) Meetings of the Tribunal shall be held at such places as the

President determines.

(3) The President shall preside at all meetings of the Tribunal at which

he or she is present.

(4) If the President is not present at a meeting of the Tribunal, another

member of the Tribunal nominated by the President shall preside at

the meeting.

(5) The Tribunal shall keep records of its meetings.

(6) At a meeting of the Tribunal:

(a) 2 members of the Tribunal constitute a quorum;

(b) all questions shall be decided by a majority of votes of the

members of the Tribunal present and voting; and

and, in the event of an equality of votes, also has a casting

vote.

(7) The Tribunal shall, in making a determination, have regard to:

(a) any decision of, or principles established by, the FWC that is

or are relevant to the making of the determination; or

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Section 58KA

Defence Act 1903 101

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(b) if the FWC has not yet made any such decision or established

any such principles, any decision of, or principles established

by, the AIRC that is or are relevant to the making of the

determination.

(8) In the performance of the functions of the Tribunal:

(a) the Tribunal may regulate the conduct of its proceedings as it

thinks fit and is not bound to act in a formal manner; and

(b) the Tribunal may inform itself on any matter in such manner

as it thinks fit and is not bound by the rules of evidence.

(9) The Defence Force Advocate and a person representing the

Commonwealth are entitled to be present, and to make submissions

to the Tribunal, during any proceedings before the Tribunal.

(10) Where the Tribunal thinks that a person or body should be heard in

relation to a matter that is being, or is to be, considered by the

Tribunal, the Tribunal may permit the person or body to be present,

and to make submissions to the Tribunal, during proceedings

before the Tribunal in relation to that matter.

58KA Single member may conduct Tribunal’s business

(1) Subject to subsection (2), the President may:

(a) if a person referred to in subsection 58K(9) requests the

President to do so and the President considers it appropriate;

(b) in any case, on the President’s initiative;

direct, in writing, that a member of the Tribunal specified in the

direction is to conduct the Tribunal’s business in relation to any

matter that is specified in the direction, being a matter that is being,

or is to be, dealt with by the Tribunal.

(2) The President must not, in a direction made under subsection (1),

direct that a single member is to deal with a request made under

subsection 58KC(1).

(3) The President may, at any time, in writing, terminate a direction

made under subsection (1).

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Section 58KB

102 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(4) Where a single member is conducting the Tribunal’s business in

relation to a matter:

(a) the single member may exercise any powers or perform any

functions of the Tribunal in relation to that matter; and

(b) any act of the single member in relation to that matter is

taken to be an act of the Tribunal.

(5) In this section, a reference to a matter that is being, or is to be,

dealt with by the Tribunal includes a reference to any part of such a

matter.

58KB Procedure where single member is conducting Tribunal’s

business

(1) Where a single member is conducting the Tribunal’s business:

(a) section 58K does not apply to the single member’s conduct

of such business; and

(b) the following provisions apply.

(2) The single member may conduct such proceedings relating to the

matter to which the direction relates as he or she considers

necessary.

(3) In the conduct of the Tribunal’s business:

(a) the single member is not bound to act in a formal manner;

and

(b) the single member may inform himself or herself on any

matter in such manner as he or she thinks fit and is not bound

by the rules of evidence.

(4) The single member must, in making a determination, have regard

to:

(a) any decision of, or principles established by, the FWC that is

or are relevant to the making of the determination; or

(b) if the FWC has not yet made any such decision or established

any such principles, any decision of, or principles established

by, the AIRC that is or are relevant to the making of the

determination.

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Section 58KC

Defence Act 1903 103

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(5) The Defence Force Advocate and a person representing the

Commonwealth are entitled to be present, and to make submissions

to the single member, during any proceedings conducted by the

single member.

(6) Where the single member thinks that a person or body should be

heard in relation to a matter that is being, or is to be, considered by

him or her, the single member may permit the person or body to be

present, and to make submissions to the single member, during

proceedings conducted by the single member in relation to that

matter.

58KC Review of action etc. of single member

(1) Where:

(a) a single member is conducting the Tribunal’s business in

relation to a matter; and

(b) in dealing with the matter, the single member exercises a

power or performs a function of the Tribunal;

the Minister, the Secretary or the Chief of the Defence Force may,

by notice in writing given to the President within 28 days after the

single member has completed his or her conduct of that business,

request the Tribunal to reconsider the exercise of the power or

performance of the function.

(2) The notice must specify the exercise of the power or the

performance of the function requested to be reconsidered and the

grounds for seeking the reconsideration.

(3) As soon as practicable after the request is made, the Tribunal must:

(a) reconsider the exercise of the power or performance of the

function specified in the request; and

(b) make a determination affirming, varying or replacing

anything done by the single member in exercising that power

or performing that function.

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Section 58KD

104 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

58KD Determinations giving effect to agreement between the parties

The Tribunal may, in making a determination, give effect to any

agreement reached between the Minister, acting on behalf of the

Commonwealth, and the Chief of the Defence Force, acting on

behalf of the members of the Australian Defence Force, in relation

to a matter to which the determination relates.

58L Terms and tenure of office

(1) Subject to this Division, a member of the Tribunal holds office for

such period, not exceeding 5 years, as is specified in his or her

instrument of appointment, but is eligible for re-appointment.

(2) A person must not continue to hold office as a member of the

Tribunal if:

(a) he or she becomes a member of the Permanent Forces

(although he or she may become a member of the Reserves);

(b) he or she becomes the Defence Force Advocate; or

President of the FWC.

58M Resignation

A member of the Tribunal may resign his or her office by writing

signed by him or her and delivered to the Governor-General.

58N Termination of appointment

The Governor-General may terminate the appointment of a

member of the Tribunal by reason of misbehaviour or physical or

mental incapacity.

58P Acting appointments

(1) The Minister may appoint a person to act as a member (including

the President) of the Tribunal:

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Section 58Q

Defence Act 1903 105

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(a) during a vacancy in the office of that member; or

(b) during any period, or during all periods, when that member is

absent from duty or from Australia or is, for any other reason

(including the reason that, in the case of a member not being

the President, he or she is acting as President), unable to

perform the duties of his or her office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(8) A reference in section 58H, 58J, 58K, 58KA, 58KC or 58U to the

President or to a member of the Tribunal shall be read as including

a reference to a person acting as the President or as a member of

the Tribunal, as the case may be.

58Q Fees and allowances

(1) A member of the Tribunal shall be paid such fees and allowances

as the Remuneration Tribunal determines.

(2) The appointment of the holder of a prescribed office as a member

of the Tribunal, or service by the holder of a prescribed office as

such a member, does not affect his or her tenure of that prescribed

office or his or her rank, title, status, precedence, salary, annual or

other allowances or other rights or privileges as the holder of that

prescribed office and, for all purposes, his or her service as a

member of the Tribunal shall be taken to be service as the holder of

the prescribed office.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

(4) In this section, prescribed office means an office, appointment or

other employment which is referred to in subsection 7(11) of the

Remuneration Tribunal Act 1973 as an office, appointment or other

employment on a full-time basis or a judicial office referred to in

subsection 7(12) of that Act.

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Division 3 The Defence Force Advocate

Section 58R

106 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 3—The Defence Force Advocate

58R Interpretation

In this Division, unless the contrary intention appears:

Advocate means the Defence Force Advocate appointed under

section 58S.

Remuneration Tribunal means the Remuneration Tribunal

established by subsection 4(1) of the Remuneration Tribunal Act

1973.

Tribunal means the Defence Force Remuneration Tribunal

established by section 58G.

58S Defence Force Advocate

(1) There shall be a Defence Force Advocate, who shall be appointed

by the Minister on a part-time basis.

(2) The person appointed as the Advocate shall be a person who:

(a) is experienced in industrial relations matters; and

(b) has a knowledge of the nature of service in the Defence

Force.

(3) In making an appointment under subsection (1), the Minister shall

have regard to any recommendations made by the Chief of the

Defence Force.

58T Functions of Advocate

The functions of the Advocate are:

(a) to advise the Chief of the Defence Force in relation to

matters that have been, or may be, referred to the Tribunal by

the Chief of the Defence Force pursuant to

subsection 58H(3);

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Section 58U

Defence Act 1903 107

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(b) to prepare submissions to be made to the Tribunal on behalf

of the Defence Force concerning any matter that is being

considered by the Tribunal; and

Tribunal.

58U Tenure and terms of office

(1) Subject to this Division, the Advocate holds office for 3 years, but

is eligible for re-appointment.

(2) A person shall not continue to hold the office of Advocate if he or

she becomes a member of the Tribunal.

58V Resignation

The Advocate may resign his or her office by writing signed by

him or her and delivered to the Minister.

58W Termination of appointment

The Minister may terminate the appointment of the Advocate by

reason of misbehaviour or physical or mental incapacity.

58X Acting Defence Force Advocate

The Minister may appoint a person to act as the Advocate:

(a) during a vacancy in the office of the Advocate; or

(b) during any period, or during all periods, when the Advocate

is absent from duty or from Australia or is, for any other

reason, unable to perform the duties of his or her office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

58Y Fees and allowances

(1) The Defence Force Advocate shall be paid such fees and

allowances as the Remuneration Tribunal determines.

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Section 58Y

108 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(2) This section has effect subject to the Remuneration Tribunal Act

1973.

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Liability to serve Division 1

Section 59

Defence Act 1903 109

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Part IV—Liability to serve in the Defence Force in

time of war

Division 1—Liability to serve

59 Persons liable to serve in Defence Force in time of war

All persons (except those who are exempt from service under this

Part or to whom this Part does not apply) who:

(a) have resided in Australia for not less than 6 months; and

age of 60 years;

are liable, when called upon under section 60, to serve in the

Defence Force.

60 Proclamation calling upon persons to serve in time of war

(1) In time of war the Governor-General may, by proclamation, call

upon persons specified in section 59 to serve in the Defence Force

in accordance with this Act for the duration of the time of war.

(2) A Proclamation under this section must call on persons in the order

in which they are included in classes established for the purposes

of this subsection under subsection (3).

(3) The regulations may establish a series of classes of persons for the

purposes of subsection (2).

(4) A Proclamation must be laid before each House of the Parliament

before, but not more than 90 days before, the day on which it is

expressed to come into effect.

(5) A Proclamation does not come into effect unless, within the period

of 90 days before it is expressed to come into effect, it is approved,

by resolution, by each House of the Parliament.

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Division 1 Liability to serve

Section 61

110 Defence Act 1903

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61 Registration and allotment for service

(1) The regulations may make provision for and in relation to:

(a) the registration of persons who are or may become liable to

serve in the Defence Force in time of war;

(b) the deferment of the service of persons, or persons included

in classes of persons, who have been called upon under

section 60 to serve in the Defence Force;

called upon;

(f) the choice, by ballot or otherwise, from persons who have

been called upon to serve in the Defence Force of those

persons who are required so to serve; and

(g) the allotment of persons required so to serve for service in a

part of the Navy, the Army or the Air Force.

61A Persons exempt from service

(1) The following persons are exempt from service in the Defence

Force in time of war so long as the employment, condition, status,

belief, or other reason stated in regulations made for the purposes

of paragraph (j), on which the exemption is based continues:

(a) persons subject to a prescribed mental or physical disability;

(b) members and officers of the Parliament of the

Commonwealth or of a State;

special magistrates of a Territory or of a State;

(d) ministers of religion;

(e) members of a religious order who devote the whole of their

time to the duties of the order;

(f) persons who are students at a college maintained solely for

training persons to become members of a religious order;

(g) persons who are students at a theological college as defined

by the regulations or are theological students as prescribed;

(h) persons whose conscientious beliefs do not allow them to

participate in war or warlike operations;

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Defence Act 1903 111

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(i) persons whose conscientious beliefs do not allow them to

participate in a particular war or particular warlike

operations; and

(j) persons who, for a reason stated in the Regulations, are

declared by the Regulations to be exempt from service in the

Defence Force in time of war.

(1A) Persons whose conscientious beliefs do not allow them to engage

in duties of a combatant nature (either generally or during a

particular war or particular warlike operations) are not exempt

from liability to serve in the Defence Force in time of war but are

exempt from such duties while members of the Defence Force as

long as those beliefs continue.

(2) A person who, in pursuance of section 60, has been called upon to

serve in the Defence Force and is, by virtue of this section, exempt

from service shall, notwithstanding the exemption, do any act that

such a person is required, by or under the regulations, to do.

Penalty: 1 penalty unit.

61B Entry into Defence Force for service

(1) A person who, in accordance with the regulations, is allotted for

service in a part of the Navy, the Army or the Air Force shall, as

from the time at which he or she presents himself or herself for

service in that part, be deemed to have been enlisted in that part

and to have been engaged to serve in that part for the duration of

the time of war.

(2) A person who, in pursuance of section 60, has been called upon to

serve in the Defence Force and fails, when required by or under the

regulations, to present himself or herself for examination or service

or to do any other act required to be done by persons so called

upon remains liable to do that act, notwithstanding that the time

originally appointed for the doing of that act has expired or that he

or she has been convicted for failing to do that act.

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Section 61C

112 Defence Act 1903

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61C Part not to apply to certain persons

Nothing in this Part applies to:

(a) a person whose presence in Australia is occasioned solely by

his or her employment in the service of a government outside

Australia; or

(b) a prescribed official of any international organisation; or

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Section 61CA

Defence Act 1903 113

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Division 2—Determination of conscientious belief

61CA Application for determination of conscientious belief

(1) A person who claims to be exempt from service because of

conscientious beliefs must, within 7 days after he or she is called

on for service under section 60 apply to the Secretary, in writing, to

have his or her claim determined by a Conscientious Objection

Tribunal.

(2) At any time after a Tribunal has made a determination that a person

is or is not exempt from service because of conscientious beliefs

either the applicant for that determination or the Commonwealth

may apply to the Secretary, in writing, to have a Tribunal set aside

the previous determination and, where appropriate, make a new

determination in substitution for it on the grounds of a change in

circumstances.

61CB Secretary must refer application

If the Secretary receives an application under subsection 61CA(1)

or (2), the Secretary must refer the application to a Conscientious

Objection Tribunal for determination.

61CC Function of Conscientious Objection Tribunals

(1) The function of a Conscientious Objection Tribunal is to

determine, following an application that is referred to it by the

Secretary, whether the person to whom the application related is

exempt from service because of conscientious beliefs.

(2) Subject to this Part, a determination under subsection (1) is final

and binding for all purposes.

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Section 61CD

114 Defence Act 1903

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61CD Parties to the hearing of an application

In this Part, the parties to the hearing of an application by a

Conscientious Objection Tribunal are the applicant and the

Commonwealth.

61CE Notice of determination to be given to parties

(1) If a Conscientious Objection Tribunal makes a determination it

must notify the parties of the result of the determination as soon as

possible.

(2) A Tribunal must give the parties a statement in writing of the

reasons for its determination within 28 days of making that

determination.

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Section 61CF

Defence Act 1903 115

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Division 3—Establishment and membership of

Conscientious Objection Tribunals

61CF Establishment of Conscientious Objection Tribunals

(1) The Minister may, by notice in the Gazette, establish such

Conscientious Objection Tribunals as he or she thinks necessary

for the purposes of this Part.

(2) Each Tribunal is to comprise:

(a) a presiding member; and

(b) 2 other members.

(3) Members are to be appointed in writing by the Minister and may be

appointed as either full-time or part-time members.

(4) A person is not to be appointed as a presiding member of a

Tribunal unless he or she is a legal practitioner of not less than 7

years standing.

(5) A person is not to be appointed as another member of a Tribunal

unless the Minister is satisfied that he or she is capable, by reason

of training or experience, of ascertaining facts other than by

adversarial procedures.

61CG Period of appointment of members

Members are to hold office for such period, not exceeding 5 years,

as is specified in the instrument of appointment.

61CH Remuneration and allowances of members

(1) Members are to be paid:

(a) such remuneration as is determined by the Remuneration

Tribunal; and

(b) such allowances as are prescribed.

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Section 61CJ

116 Defence Act 1903

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(2) If no determination of the remuneration of members by the

Remuneration Tribunal is in operation, members are to be paid

such remuneration as is prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

61CJ Other terms and conditions

A member holds office on such terms and conditions (if any) in

respect of matters not provided for by this Part as are determined

by the Minister in writing.

61CK Leave of absence

The Minister may grant leave of absence to a member on such

terms and conditions as to remuneration or otherwise as the

Minister determines in writing.

61CL Resignation

A member may resign in writing signed by him or her and sent to

the Minister.

61CM Removal from office

The Minister may remove a member from office for proved

misbehaviour or physical or mental incapacity.

61CN Member of a Tribunal unavailable to complete proceeding

(1) If the hearing of an application has been commenced or completed

by a Conscientious Objection Tribunal but, before the proceeding

has been determined, one of the members constituting the Tribunal

for the purposes of the application has:

(a) ceased to be a member; or

(b) ceased to be available for the purposes of the application;

the following provisions have effect:

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Section 61CO

Defence Act 1903 117

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appointed as a presiding member—the hearing and

determination, or the determination, of the application may

be completed by the Tribunal constituted by the remaining 2

members;

(d) in any other case—the proceeding must be reheard by

another Tribunal.

(2) If an application that was being dealt with by one Tribunal is

reheard by another Tribunal, that other Tribunal may, for the

purposes of that application, have regard to any record of the

proceedings before the first-mentioned Tribunal.

(3) The reference in subsection (2) to a record of proceedings includes

a reference to a record of any evidence taken in the proceeding.

61CO Acting appointments

(1) The Minister may appoint a person to act as a full-time member of

a Conscientious Objection Tribunal during any period, or during all

periods, when the member is absent from duty or from Australia or

is, for any reason, unable to perform the duties of the member’s

office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(2) The Minister may appoint a person to act as a part-time member of

a Tribunal during any period, or during all periods, when the

member is, for any reason, unable to perform the duties of the

member’s office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(3) Where a person has been appointed under subsection (1) or (2), the

Minister may direct that the person is to continue to act in the

appointment after the normal terminating event occurs.

(4) A direction under subsection (3) must specify the period during

which the person may continue to act in the appointment.

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Division 3 Establishment and membership of Conscientious Objection Tribunals

Section 61CO

118 Defence Act 1903

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(5) The period specified under subsection (4) may be specified by

reference to the happening of a particular event or the existence of

particular circumstances.

(6) A direction under subsection (3):

(a) is to be given only if there is a pending determination or

other special circumstances justifying the giving of the

direction; and

(b) may only be given before the normal terminating event

occurs.

(7) A person continuing to act under a direction under subsection (3)

must not continue to act for more than 12 months after the normal

terminating event occurs.

(8) If a Tribunal includes a person acting or purporting to act under an

appointment under this section, any decision of, or any direction

given or any other act done by, the Tribunal is not invalid merely

because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

(10) For the purposes of this section, the normal terminating event for

an appointment under subsection (1) or (2) is:

(a) if the appointment is made under subsection (1)—the

member ceasing to be absent or ceasing to be unable to

perform the duties of the member’s office; or

(b) if the appointment is made under subsection (2)—the

member ceasing to be unable to perform the duties of the

member’s office.

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Liability to serve in the Defence Force in time of war Part IV

Procedures of Conscientious Objection Tribunals Division 4

Section 61CP

Defence Act 1903 119

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Division 4—Procedures of Conscientious Objection

Tribunals

61CP Tribunals’ way of operating

A Conscientious Objection Tribunal, in carrying out its functions

under this Part:

(a) must provide procedures which are informal, quick, fair, just

and economical; and

(b) must act according to substantial justice and the merits of the

case; and

evidence.

61CQ Powers of Tribunals

For the purposes of making a determination, a Conscientious

Objection Tribunal may:

(a) take evidence on oath or affirmation; and

(b) summon a person to appear before it to give evidence; and

referred to in the summons; and

(d) require a person appearing before it to give evidence either to

take an oath or to make an affirmation that the evidence that

the person will give will be true.

61CR Procedure of Tribunals

(1) The presiding member of a Conscientious Objection Tribunal may

convene such hearings of the Tribunal as he or she thinks

necessary for the performance of its functions.

(2) The presiding member is to preside at all hearings of the Tribunal.

(3) A Tribunal must keep records of its hearings.

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Division 4 Procedures of Conscientious Objection Tribunals

Section 61CS

120 Defence Act 1903

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61CS Majority decision

A question before a Conscientious Objection Tribunal on an

application for a determination is to be decided according to the

opinion of a majority of the members of the Tribunal.

61CT Procedure where opinion of members equally divided

If:

(a) an application is referred to a Conscientious Objection

Tribunal for a determination; and

(b) section 61CS does not apply to a question before the Tribunal

on the application;

the question is to be decided according to the opinion of the

member presiding.

61CU Hearings

(1) Subject to this section, a Conscientious Objection Tribunal is to

take oral evidence in public.

(2) If a Tribunal is satisfied that it is necessary, in the interests of

determining a matter which is before it, the Tribunal may direct

that oral evidence is to be taken in private.

(3) If a Tribunal makes a direction under subsection (2), it may give

directions as to the persons who may be present when the oral

evidence is given.

(4) If a Tribunal is satisfied that it would be difficult for a person to

give oral evidence, the Tribunal may accept a written statement

from that person.

(5) An applicant may be assisted in presenting his or her case by

another person, whether or not that person is a legal practitioner.

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Procedures of Conscientious Objection Tribunals Division 4

Section 61CV

Defence Act 1903 121

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61CV Onus of proof

(1) In proceedings before a Conscientious Objection Tribunal the onus

of proving exemption from service because of conscientious belief

rests with an applicant.

(2) Such onus is to be discharged on the balance of probabilities.

61CW Protection of members and persons giving evidence etc.

(1) A member of a Conscientious Objection Tribunal has, in the

performance of his or her duties as a member, the same protection

and immunity as a Judge of the Federal Court.

(2) Subject to this Part, an applicant, a person summoned to attend, or

appearing, before a Conscientious Objection Tribunal to give

evidence, a person representing the Commonwealth or a person

who assists an applicant at a hearing, has the same protection and

is, in addition to the penalties provided by this Part, subject to the

same liabilities, as a witness in proceedings in the Federal Court.

61CX Fees for persons giving evidence

(1) A person, other than the applicant, summoned to appear before a

Conscientious Objection Tribunal to give evidence is entitled to be

paid, in respect of his or her attendance, fees, and allowances for

expenses, ascertained in accordance with a determination under

subsection (2).

(2) The Minister may, by legislative instrument, determine the

amounts of fees and allowances to be paid under subsection (1).

(4) The fees and allowances referred to in subsection (1) are to be paid

by the Commonwealth.

61CY Failure of witness to attend

(1) A person commits an offence if:

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Division 4 Procedures of Conscientious Objection Tribunals

Section 61CZ

122 Defence Act 1903

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(a) the person is served under paragraph 61CQ(b) with a

summons to appear before a Conscientious Objection

Tribunal to give evidence and is tendered reasonable

expenses; and

(b) the person:

(i) fails to attend as required by the summons; or

(ii) fails to appear and report from day to day and has not

been excused, or released from further attendance, by a

member.

Penalty: Imprisonment for 6 months.

(2) Subsection (1) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) In paragraph (1)(a), strict liability applies to the physical element

of circumstance, that the summons is under paragraph 61CQ(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

61CZ Refusal to be sworn or to answer questions etc.

(1) A person commits an offence if the person:

(a) is required to produce a document by a summons under

paragraph 61CQ(c) served on the person; and

(b) refuses or fails to do so.

Penalty: Imprisonment for 6 months.

(2) In paragraph (1)(a), strict liability applies to the physical element

of circumstance, that the summons is under paragraph 61CQ(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A person commits an offence if the person:

(a) is appearing before a Conscientious Objection Tribunal to

give evidence; and

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Section 61CZA

Defence Act 1903 123

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(b) is required under paragraph 61CQ(d) either to take an oath or

to make an affirmation; and

Penalty: Imprisonment for 6 months.

(4) In paragraph (3)(b), strict liability applies to the physical element

of circumstance, that the requirement is under paragraph 61CQ(d).

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) A person commits an offence if the person:

(a) is appearing before a Conscientious Objection Tribunal to

give evidence; and

(b) is required to answer a question by the presiding member;

and

Penalty: Imprisonment for 6 months.

(6) Subsections (1), (3) and (5) do not apply if the person has a

reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (6). See subsection 13.3(3) of the Criminal Code.

(7) A person commits an offence if the person:

(a) is appearing before a Conscientious Objection Tribunal to

give evidence; and

(b) gives evidence that is false or misleading in a material

particular; and

particular.

Penalty: Imprisonment for 6 months.

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Division 4 Procedures of Conscientious Objection Tribunals

Section 61CZA

124 Defence Act 1903

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61CZA Contempt of Tribunal

A person must not:

(a) obstruct or hinder a Conscientious Objection Tribunal, or a

member of such a tribunal, in the performance of the

functions of the Tribunal; or

(b) disrupt the taking of evidence by a Conscientious Objection

Tribunal.

Penalty: Imprisonment for 12 months.

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Reviews and appeals Division 5

Section 61CZB

Defence Act 1903 125

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Division 5—Reviews and appeals

61CZB Review of determinations of Conscientious Objection

Tribunals

A party to a determination by a Conscientious Objection Tribunal

may apply to the AAT for review of that determination.

61CZC AAT Act to apply subject to modification

(1) The AAT Act applies in relation to the review of a determination

of a Conscientious Objection Tribunal subject to the modifications

set out in this section.

(2) Section 30 of the AAT Act applies in relation to such a review as if

it read as follows:

30 Parties to proceedings before Tribunal

“The parties to a proceeding before the AAT for a review of a

determination of a Conscientious Objection Tribunal are:

(a) the person in relation to whom the determination was made;

and

(b) the Commonwealth.”.

(3) Sections 30A, 31, 44 and 44A of the AAT Act do not apply in

relation to such a review.

(4) Subsection 46(1) of the AAT Act applies in relation to such a

review as if the words preceding paragraph (a) of that subsection

read as follows:

“(1) When a question of law is referred to the Federal Court of

Australia in accordance with section 45:”.

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Division 5 Reviews and appeals

Section 61CZD

126 Defence Act 1903

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61CZD Appeals from AAT

(1) A party to a proceeding before the AAT may appeal to the Federal

Court, on a question of law only, from any decision of the AAT in

that proceeding.

(2) An appeal by a person under subsection (1) must be instituted:

(a) within 28 days after the day on which the document setting

out the terms of the decision of the AAT is given to the

person or within such further time (whether before or after

the end of that period) as the Federal Court allows; and

(b) in such manner as is prescribed by rules of court made under

the Federal Court of Australia Act 1976.

(3) The Federal Court has jurisdiction to hear and determine appeals

instituted in the Court in accordance with subsection (2) and that

jurisdiction must be exercised by the Court constituted as a Full

Court.

(4) The Federal Court:

(a) must hear and determine the appeal; and

(b) may affirm, vary or set aside the order of the AAT; and

circumstances it thinks fit, or refuse to make an order; and

(d) may remit the case for rehearing and determination, either

with or without the hearing of further evidence, by the AAT.

61CZE Operation etc. of decision subject to appeal

(1) Subject to this section, the institution of an appeal to the Federal

Court from a decision of the AAT does not:

(a) affect the operation of the decision; or

(b) prevent the taking of action to implement the decision; or

decision.

(2) If an appeal is instituted in the Federal Court from a decision of the

AAT, the Federal Court or a Judge of the Federal Court may make

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Reviews and appeals Division 5

Section 61CZE

Defence Act 1903 127

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such orders of the kind referred to in subsection (3) as that Court or

Judge considers appropriate for the purpose of securing the

effectiveness of the hearing and determination of the appeal.

(3) The orders that may be made under subsection (2) are orders

staying, or otherwise affecting the operation or implementation of,

either or both of the following:

(a) the decision of the AAT or a part of that decision;

(b) the decision to which the proceeding before the AAT related

or a part of that decision.

(4) The Federal Court or a Judge of that Court may, by order, vary or

revoke an order in force under subsection (2) (including an order

that has previously been varied under this subsection).

(5) An order in force under subsection (2):

(a) is subject to such conditions as are specified in the order; and

(b) has effect until:

(i) where a period for the operation of the order is specified

in the order—the end of that period or, if a decision is

given on the appeal before the end of that period, the

giving of the decision; or

(ii) where no period is so specified—the giving of a

decision on the appeal.

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Part V Australian Defence Force Cadets

Section 62

128 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part V—Australian Defence Force Cadets

62 Australian Defence Force Cadets

(1) The Australian Defence Force Cadets (or ADF Cadets or Cadets)

consists of the following:

(a) the Australian Navy Cadets;

(b) the Australian Army Cadets;

(2) The Australian Navy Cadets consists of persons who have

volunteered and been accepted by the Chief of the Defence Force

as officers, instructors or cadets in the Australian Navy Cadets.

(3) The Australian Army Cadets consists of persons who have

volunteered and been accepted by the Chief of the Defence Force

as officers, instructors or cadets in the Australian Army Cadets.

(4) The Australian Air Force Cadets consists of persons who have

volunteered and been accepted by the Chief of the Defence Force

as officers, instructors or cadets in the Australian Air Force Cadets.

62A Direction and administration of the Cadets

(1) The Chief of the Defence Force is to direct and administer the

Cadets.

(2) In directing and administering the Cadets, the Chief of the Defence

Force must comply with any directions of the Minister.

(3) The Chief of the Defence Force may direct the Vice Chief of the

Defence Force, a service chief or any other member of the Defence

Force to assist with the direction and administration of the Cadets.

(4) The Chief of the Defence Force may use members of the Defence

Force and the resources of the Defence Force for the purposes of

administering, managing, supervising and training cadets.

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Section 62B

Defence Act 1903 129

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Note: The use and management of public resources must comply with the

requirements of the Public Governance, Performance and

Accountability Act 2013.

62B Chief of the Defence Force may make determinations

(1) The Chief of the Defence Force may, by legislative instrument,

make determinations providing for and in relation to the following:

(a) the payment of allowances or other pecuniary benefits to or

for cadets;

(b) the payment of allowances or other pecuniary benefits to or

in respect of members of the families of cadets;

or in respect of members of the families of cadets.

(2) A legislative instrument under subsection (1) may provide for an

amount paid under a determination made under that subsection to

be wholly or partly repaid to the Commonwealth if an event

specified in the determination occurs.

62C Relationship to the Defence Force

(1) A cadet is not a member of the Defence Force.

(2) A person with a role in administering, managing, supervising or

training cadets does not become a member of the Defence Force

because of that role.

62D Acceptance is not a civil contract

No civil contract of any kind is created with the Crown or the

Commonwealth in connection with the acceptance of a person as

an officer, instructor or cadet in the Cadets.

62E Annual report

(1) The Chief of the Defence Force must, as soon as practicable after

the end of each financial year, prepare a report on the

administration of the Cadets during that year.

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Section 62E

130 Defence Act 1903

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(2) The report must be included in the annual report prepared by the

Secretary and given to the Minister under section 46 of the Public

Governance, Performance and Accountability Act 2013 for the

financial year.

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Special powers in relation to defence Part VI

Section 63

Defence Act 1903 131

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Part VI—Special powers in relation to defence

63 General powers for defence purposes

(1) The Governor-General may:

(f) Subject to the provisions of this Act do all matters and things

deemed by him or her to be necessary or desirable for the

efficient defence and protection of the Commonwealth or of

any State.

64 Control of railways in time of war

The Governor-General may in time of war authorize any officer to

assume control of any railway for transport for naval, military or

air-force purposes.

65 Railways to carry troops etc. when required

The principal railway official in any State or the owner, controller,

or manager of any railway or tramway in any State shall when

required by the Governor-General, and as prescribed, convey and

carry members of the Defence Force, together with their horses,

guns, ammunition, forage, baggage, aircraft, aircraft material and

stores from any place to any place on the railway or tramway, and

shall provide all engines, carriages, trucks and rolling-stock

necessary for the purpose.

66 Conveyance by railway and tramway

Members of the Defence Force when on duty in uniform or

carrying a rifle shall, subject to the Regulations, be conveyed over

the railways and tramways of the Commonwealth or of any State

for the purpose of attending musters, parades, and rifle practices,

and returning therefrom, on production of a pass signed by a

commanding officer or an officer authorised in writing by a

commanding officer to sign such passes.

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Part VI Special powers in relation to defence

Section 67

132 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

67 Registration and impressment of vehicles etc.

The owner of any vehicle, horse, mule, bullock, aircraft, aircraft

material, boat or vessel, or of any goods, required for naval,

military or air-force purposes, shall, when required to do so by an

officer authorized in that behalf by the regulations, furnish it for

those purposes, and shall be recompensed therefor in the manner

prescribed, and the owners of any vehicles, horses, mules,

bullocks, aircraft, aircraft material, boats or vessels may be

required by the regulations to register them periodically.

68 Billeting and quartering

Members of the Defence Force may in time of war as prescribed be

billeted, quartered or cantoned, but nothing in this Act shall

authorize the quartering or billeting of any member of the Defence

Force in any house solely occupied by women or by women and

children.

70 Tolls

No toll or due, whether demandable by virtue of any Act or State

Act or otherwise, at any wharf, landing place, aerodrome, bridge

gate, or bar on a public road shall be demanded or taken in respect

of:

(a) Any member of the Defence Force on march or duty or any

prisoner under his or her charge;

(b) Any horse ridden or used by any member of the Defence

Force on march or duty or by any prisoner under his or her

charge;

Defence Force on march or duty or any prisoner under their

charge or conveying naval, military or air-force arms, stores,

baggage, aircraft or aircraft material; or

(d) Any animal drawing any such vehicle.

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Security of defence premises Part VIA

Preliminary Division 1

Section 71

Defence Act 1903 133

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Part VIA—Security of defence premises

Division 1—Preliminary

71 Simplified outline

(1) The following is a simplified outline of this Part.

(2) This Division sets out the meaning of expressions used in this Part.

(3) Division 2 provides for matters relating to defence security

officials.

(4) Division 3 sets out the powers exercisable by defence security

officials with consent at defence access control points and on

defence premises. Subdivision B of Division 3 contains special

provisions relating to declared explosive ordnance depots.

(5) Division 4 sets out the powers exercisable by special defence

security officials without consent at defence access control points

and on defence premises, and provides for related matters,

including offences relating to non-compliance with requirements,

hindering and obstructing.

(6) Division 5 relates to seizure of things.

(7) Division 6 sets out provisions that apply generally in relation to the

exercise of powers under this Part, including the following:

(a) the production of identity cards;

(b) informing persons of offences;

(d) limits on the exercise of certain powers.

(8) Division 7 provides for other matters, including:

(a) an offence of unauthorised entry on, or being on, defence

premises or defence accommodation; and

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Division 1 Preliminary

Section 71A

134 Defence Act 1903

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(b) the provision of information obtained by certain surveillance

devices to law enforcement and other agencies.

71A Definitions

(1) In this Part:

contracted defence security guard has the meaning given by

section 71B.

criminal offence means an offence against a law of the

Commonwealth, a State or a Territory.

declared explosive ordnance depot has the meaning given by

section 71L.

defence access control point means a point of entry to, or exit

from, defence premises or a part of defence premises, where entry

or exit is controlled or limited by any means, including but not

limited to control by means of:

(a) guarding by defence security officials; or

(b) physical barriers such as security screens, locked doors or

gates.

defence accommodation means any building or other structure, or

any place, that:

(a) is in Australia; and

(b) is used for, or in connection with, the accommodation of a

group of members of any part of the Defence Force.

defence premises means:

(a) any of the following that is in Australia, and is owned or

occupied by the Commonwealth for use by the Defence

Force or the Department:

(i) an area of land or any other place (whether or not it is

enclosed or built on);

(ii) a building or other structure;

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Section 71A

Defence Act 1903 135

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(iii) a vehicle, vessel or aircraft, including any fixed or

moveable ramp, stairs or other means of access to, or

exit from, the vehicle, vessel or aircraft;

(iv) a prohibited area, within the meaning of the Defence

(Special Undertakings) Act 1952; or

(b) the Woomera Prohibited Area.

defence security official means:

(a) a contracted defence security guard (see section 71B); or

(b) a security authorised member of the Defence Force (see

section 71C); or

defence security screening employee has the meaning given by

section 71D.

intelligence or security agency means any of the following:

(a) the Australian Secret Intelligence Service;

(b) the Australian Security Intelligence Organisation;

limited search of a person means:

(a) a search of things in the possession of a person that may

include:

(i) requesting the person to remove his or her overcoat,

coat or jacket and any gloves, shoes and hat; and

(ii) an examination of any of those items that the person

consents to remove; or

(b) a search of a person conducted by quickly running the hands

over the person’s outer garments and an examination of

anything worn or carried by the person that is conveniently

and voluntarily removed by the person;

but does not include requesting the person to remove all of his or

her garments.

optical surveillance device means any device capable of being

used to record visually or observe an activity, but does not include

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Division 1 Preliminary

Section 71A

136 Defence Act 1903

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spectacles, contact lenses or a similar device used by a person with

impaired sight to overcome that impairment.

personal information has the same meaning as in the Privacy Act

1988.

person assisting a defence security official has the meaning given

by section 72N.

protective service officer has the same meaning as in the

Australian Federal Police Act 1979.

search:

(a) of a person—has the same meaning as in section 51; and

(b) of a vehicle, vessel or aircraft—includes a search of a thing

in the vehicle, vessel or aircraft.

security authorised member of the Defence Force has the

meaning given by section 71C.

special defence security official means:

(a) a security authorised member of the Defence Force (see

section 71C); or

(b) a defence security screening employee (see section 71D).

vessel has the same meaning as in section 51SD.

Woomera Prohibited Area means the area prescribed under

subsection 72TA(1).

(2) To avoid doubt, a thing includes a substance, a vehicle, vessel or

aircraft and a thing in electronic or magnetic form.

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Defence security officials Division 2

Section 71B

Defence Act 1903 137

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Division 2—Defence security officials

71B Contracted defence security guards

(1) A person is a contracted defence security guard if:

(a) the person is one of the following:

(i) a party to a contract with the Commonwealth or a

Commonwealth entity;

(ii) a subcontractor for a contract with the Commonwealth

or a Commonwealth entity;

(iii) an employee of a person referred to in subparagraph (i)

or (ii); and

(b) the contract is for, or includes, the provision of security

services at one or more defence premises; and

(i) the person is authorised under subsection (2);

(ii) the person is included in a class of persons authorised

under subsection (2) (including a person who becomes a

member of the class after the authorisation is given);

and

(d) the person satisfies the training and qualification

requirements determined under subsection (4).

(2) The Minister may, in writing, authorise a person, or a class of

persons, for the purposes of paragraph (1)(c).

(3) An authorisation made under subsection (2) is not a legislative

instrument.

(4) The Minister must, by legislative instrument, determine the

training and qualification requirements for contracted defence

security guards.

(5) Without limiting the training and qualification requirements that

may be determined in a legislative instrument under subsection (4),

different training and qualification requirements may apply to

different kinds of contracted defence security guards.

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Section 71C

138 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

71C Security authorised members of the Defence Force

(1) A person is a security authorised member of the Defence Force if

the person:

(a) is a member of the Defence Force; and

(b) either of the following applies:

(i) the person is authorised under subsection (2);

(ii) the person is included in a class of persons authorised

under subsection (2) (including a person who becomes a

member of the class after the authorisation is given);

and

requirements determined under subsection (4).

(2) The Minister may, in writing, authorise a person, or a class of

persons, for the purposes of paragraph (1)(b).

(3) An authorisation made under subsection (2) is not a legislative

instrument.

(4) The Minister must, by legislative instrument, determine the

training and qualification requirements for security authorised

members of the Defence Force.

(5) Without limiting the training and qualification requirements that

may be determined in a legislative instrument under subsection (4):

(a) different training and qualification requirements may apply

to different kinds of security authorised members of the

Defence Force; and

(b) the Minister must determine training and qualification

requirements that apply to security authorised members of

the Defence Force in relation to the use of dogs as referred to

in section 72M.

71D Defence security screening employees

(1) A person is a defence security screening employee if the person:

(a) is an APS employee in the Department; and

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Section 71E

Defence Act 1903 139

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(b) either of the following applies:

(i) the person is authorised under subsection (2);

(ii) the person is included in a class of persons authorised

under subsection (2) (including a person who becomes a

member of the class after the authorisation is given);

and

requirements determined under subsection (4).

(2) The Minister may, in writing, authorise a person, or a class of

persons, for the purposes of paragraph (1)(b).

(3) An authorisation made under subsection (2) is not a legislative

instrument.

(4) The Minister must, by legislative instrument, determine the

training and qualification requirements for defence security

screening employees.

(5) Without limiting the training and qualification requirements that

may be determined in a legislative instrument under subsection (4),

different training and qualification requirements may apply to

different kinds of defence security screening employees.

71E Identity cards

(1) The Secretary must issue an identity card to each defence security

official.

Form of identity card

(2) The identity card must:

(a) be in the form approved in writing by the Secretary; and

(b) contain a recent photograph of the defence security official.

Offence

(3) A person commits an offence if:

(a) the person has been issued with an identity card; and

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Section 71F

140 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(b) the person ceases to be a defence security official; and

person’s identity card to the Secretary.

Penalty: 5 penalty units.

(4) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Defence—card lost or destroyed

(5) Subsection (3) does not apply if the identity card was lost or

destroyed.

Note: A defendant bears an evidential burden in relation to the matter in this

subsection (see subsection 13.3(3) of the Criminal Code).

Defence security official must carry card

(6) A defence security official must carry the identity card at all times

when performing functions or exercising powers as a defence

security official.

71F Delegations relating to training and qualification requirements

Contracted defence security guards and defence security screening

employees

(1) The Minister may, by writing, delegate the Minister’s power under

subsection 71B(4) or 71D(4) (training and qualification

requirements for contracted defence security guards and defence

security screening employees) to:

(a) the Secretary; or

(b) an APS employee who holds or performs the duties of an

SES Band 3 position, or an equivalent or higher position, in

the Department.

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Section 71G

Defence Act 1903 141

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Security authorised members of the Defence Force

(2) The Minister may, by writing, delegate the Minister’s power under

subsection 71C(4) (training and qualification requirements for

security authorised members of the Defence Force) to:

(a) an officer of the Army who holds the rank of Brigadier or a

higher rank; or

(b) an officer of the Navy who holds the rank of Commodore or

a higher rank; or

Commodore or a higher rank.

71G Delegations relating to identity cards

Issue of identity cards

(1) The Secretary may, by writing, delegate the Secretary’s power

under subsection 71E(1) (issue of identity cards) to:

(a) an APS employee who holds or performs the duties of an

Executive Level 2 position, or an equivalent or higher

position, in the Department; or

(b) an officer of the Army who holds the rank of Colonel or a

higher rank; or

(d) an officer of the Air Force who holds the rank of Group

Captain or a higher rank.

Return of identity cards

(2) The Secretary may, by writing, delegate the Secretary’s function

under paragraph 71E(3)(c) (return of identity cards) to:

(a) an APS employee who holds or performs the duties of an

APS 5 position, or an equivalent or higher position, in the

Department; or

(b) an officer of the Army who holds the rank of Captain or a

higher rank; or

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Section 71G

142 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

higher rank; or

(d) an officer of the Air Force who holds the rank of Flight

Lieutenant or a higher rank.

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Powers exercisable with consent at defence access control points and on defence

premises Division 3

Section 71H

Defence Act 1903 143

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 3—Powers exercisable with consent at defence

access control points and on defence premises

Subdivision A—General provisions

71H Consensual identification and limited search—person about to

pass a defence access control point

Power to request identification etc.

(1) A defence security official may request a person who is about to

pass a defence access control point to provide evidence of the

following:

(a) the person’s name;

(b) the person’s residential address;

point.

Power to request limited search

(2) A defence security official may request a person who is about to

pass a defence access control point to undergo a limited search.

Power to refuse access etc.

(3) A defence security official may refuse to allow a person to pass a

defence access control point if:

(a) the person refuses a request by a defence security official

under subsection (1) or (2); or

(b) as a result of the person complying with such a request, a

defence security official reasonably believes that the person:

(i) is not authorised to pass the defence access control

point; or

(ii) constitutes a threat to the safety of persons on the

defence premises; or

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Section 71J

144 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(iii) has committed, or may commit, a criminal offence on,

or in relation to, the defence premises.

Additional powers if person is on defence premises

(4) If a defence security official refuses to allow a person to pass a

defence access control point under subsection (3), a defence

security official may, if the person is on defence premises, restrain

and detain the person.

71J Consensual search—vehicle, vessel or aircraft about to pass a

defence access control point

(1) A defence security official may request a person apparently in

control of a vehicle, vessel or aircraft that is about to pass a

defence access control point to permit a search of the vehicle,

vessel or aircraft.

(2) A defence security official may refuse to allow a vehicle, vessel or

aircraft to pass a defence access control point if:

(a) a person refuses to permit a search of a vehicle, vessel or

aircraft requested by a defence security official under

subsection (1); or

(b) as a result of the person complying with such a request, a

defence security official reasonably believes that the vehicle,

vessel or aircraft, or a thing in it:

(i) is not authorised to pass the defence access control

point; or

(ii) constitutes a threat to the safety of persons on the

defence premises; or

(iii) relates to a criminal offence committed, or that may be

committed, on or in relation to the defence premises.

Additional powers if vehicle, vessel or aircraft is on defence

premises

(3) If a defence security official refuses to allow a vehicle, vessel or

aircraft to pass a defence access control point under subsection (2),

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Section 71K

Defence Act 1903 145

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

a defence security official may, if the vehicle, vessel or aircraft is

on defence premises, restrain or detain any person in the vehicle,

vessel or aircraft.

71K Consensual identification—person on defence premises

(1) This section applies if:

(a) a person is on defence premises; and

(b) a defence security official reasonably believes that the person

is not authorised to be on the premises.

(2) The defence security official may request the person to provide

evidence of the following:

(a) the person’s name;

(b) the person’s residential address;

(3) A defence security official may restrain and detain a person if:

(a) the person refuses a request by a defence security official

under subsection (2); or

(b) as a result of the person complying with such a request, a

defence security official reasonably believes that the person:

(i) is not authorised to be on the defence premises; or

(ii) constitutes a threat to the safety of persons on the

defence premises; or

(iii) has committed, or may commit, a criminal offence on,

or in relation to, the defence premises.

Subdivision B—Special provisions for declared explosive

ordnance depots

71L Declared explosive ordnance depots

(1) A specified area of land or any other place (whether or not it is

enclosed or built on), or a building or other structure, is a declared

explosive ordnance depot if:

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Section 71L

146 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(a) the area of land or the place, building or structure is specified

in an instrument in force under subsection (2); and

(b) signs stating that it is a condition of entry to the area of land

or the place, building or structure that a person consent to

undergo searches as provided by this Subdivision are

prominently displayed:

(i) at the entrance to the area of land or the place, building

or structure; and

(ii) at regular intervals around the perimeter of the area of

land or the place, building or structure.

(2) The Minister may, by legislative instrument, specify an area of

land or any other place (whether or not it is enclosed or built on),

or a building or other structure if:

(a) the area of land or the place, building or structure is defence

premises used wholly or partly for the storage of explosive

ordnance; and

(b) members of the Defence Force are not normally present at

the area of land or the place, building or structure.

(3) An instrument under subsection (2) may specify more than one

area of land, place, building or structure.

(4) Each area of land, place, building or structure specified in an

instrument under subsection (2) must be specified by reference to

one of the following:

(a) its geographical location;

(b) a unique code or number.

(5) If an area of land or a place, building or structure is specified by a

unique code or number as mentioned in paragraph (4)(b), the code

or number must correspond with a code or number that is held in

the records of the Department as a code or number applicable to

that area of land or that place, building or structure.

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Section 71M

Defence Act 1903 147

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

71M Consensual search—person on a declared explosive ordnance

depot

(1) A contracted defence security guard may request a person who is

on a declared explosive ordnance depot to undergo a limited

search.

(2) A contracted defence security guard may restrain and detain a

person if:

(a) the person refuses a request by a contracted defence security

guard under subsection (1); or

(b) as a result of the person complying with such a request, a

contracted defence security guard reasonably believes that

the person:

(i) is not authorised to be on the declared explosive

ordnance depot; or

(ii) constitutes a threat to the safety of persons on the

defence explosive ordnance depot; or

(iii) has committed, or may commit, a criminal offence on,

or in relation to, the defence explosive ordnance depot.

71N Consensual search—vehicle, vessel or aircraft on a declared

explosive ordnance depot

(1) A contracted defence security guard may request a person

apparently in control of a vehicle, vessel or aircraft that is on a

declared explosive ordnance depot to permit a search of the

vehicle, vessel or aircraft.

(2) A contracted defence security guard may restrain and detain any

person in the vehicle, vessel or aircraft if:

(a) a person refuses to permit a search of the vehicle, vessel or

aircraft requested under subsection (1); or

(b) as a result of a person complying with such a request, a

contracted defence security guard reasonably believes that

the vehicle, vessel or aircraft, or a thing in it:

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Section 71P

148 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(i) is not authorised to be on the declared explosive

ordnance depot; or

(ii) constitutes a threat to the safety of persons on the

declared explosive ordnance depot; or

(iii) relates to a criminal offence committed, or that may be

committed, on or in relation to the declared explosive

ordnance depot.

71P Powers additional to other powers

To avoid doubt, this Subdivision does not limit any other power of

a contracted defence security guard under this Part.

Subdivision C—Offences

71Q Offences—search powers exercised without consent

(1) A defence security official commits an offence if:

(a) the defence security official conducts a limited search of a

person purportedly under this Division; and

(b) the person did not consent to the search.

Penalty: 50 penalty units.

(2) A defence security official commits an offence if:

(a) the defence security official conducts a search of a vehicle,

vessel or aircraft purportedly under this Division; and

(b) the person apparently in control of the vehicle, vessel or

aircraft did not consent to the search.

Penalty: 30 penalty units.

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Section 71R

Defence Act 1903 149

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 4—Powers exercisable without consent at defence

access control points and on defence premises

71R Non-consensual identification and search—person about to pass

a defence access control point

Power to require identification etc.

(1) A special defence security official may require a person who is

about to pass a defence access control point to provide evidence of

the following:

(a) the person’s name;

(b) the person’s residential address;

point.

Power to search at defence access control point on defence

premises

(2) A special defence security official may search a person who is

about to pass a defence access control point on defence premises.

Note: If the defence access control point is not on defence premises, a

defence security official may request the person to undergo a search

under Division 3.

Power to refuse access etc.

(3) A special defence security official may refuse to allow a person to

pass a defence access control point if:

(a) the person refuses to comply with a requirement imposed by

a special defence security official under subsection (1); or

(b) the person hinders or obstructs a search of the person by a

special defence security official under subsection (2); or

or undergoing such a search, a special defence security

official reasonably believes that the person:

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Section 71S

150 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(i) is not authorised to pass the defence access control

point; or

(ii) constitutes a threat to the safety of persons on the

defence premises; or

(iii) has committed, or may commit, a criminal offence on,

or in relation to, the defence premises.

Additional powers if person is on defence premises

(4) If a special defence security official refuses to allow a person to

pass a defence access control point under subsection (3), a special

defence security official may, if the person is on defence premises:

(a) restrain and detain the person; or

(b) request the person to leave the defence premises and, if he or

she refuses, remove the person from the defence premises.

71S Non-consensual search—vehicle, vessel or aircraft about to pass

a defence access control point

Power to search vehicles, vessels or aircraft

(1) A special defence security official may search a vehicle, vessel or

aircraft that is about to pass a defence access control point on

defence premises.

Note: If the defence access control point is not on defence premises, a

defence security official may request a search under Division 3.

(2) A special defence security official may refuse to allow a vehicle,

vessel or aircraft to pass a defence access control point if:

(a) a person hinders or obstructs a search of the vehicle, vessel or

aircraft conducted by a special defence security official under

subsection (1); or

(b) as a result of a search conducted under subsection (1), the

official reasonably believes that the vehicle, vessel or

aircraft, or a thing in it:

(i) is not authorised to pass the defence access control

point; or

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Section 71T

Defence Act 1903 151

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(ii) constitutes a threat to the safety of persons on the

defence premises; or

(iii) relates to a criminal offence committed, or that may be

committed, on or in relation to the defence premises.

Additional powers if vehicle, vessel or aircraft is on defence

premises

(3) If a special defence security official refuses to allow a vehicle,

vessel or aircraft to pass a defence access control point under

subsection (2), a special defence security official may, if the

vehicle, vessel or aircraft is on defence premises, restrain and

detain any person in the vehicle, vessel or aircraft.

Note: For other powers in relation to persons in a vehicle, vessel or aircraft

see section 71R.

71T Non-consensual identification and search—person on defence

premises

When section applies

(1) This section applies if:

(a) a person is on defence premises; and

(b) a special defence security official reasonably believes that the

person:

(i) is not authorised to be on the premises; or

(ii) constitutes a threat to the safety of persons on the

defence premises; or

(iii) has committed, or may commit, a criminal offence on,

or in relation to, the premises.

Power to require identification etc.

(2) A special defence security official may require the person to

provide evidence of the following:

(a) the person’s name;

(b) the person’s residential address;

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Section 71U

152 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Power to search

(3) A special defence security official may search the person.

Power to restrain and detain, remove etc.

(4) A special defence security official may:

(a) restrain and detain the person; or

(b) request the person to leave the defence premises and if he or

she refuses, remove the person from the defence premises.

71U Non-consensual search—vehicle, vessel or aircraft on defence

premises

When section applies

(1) This section applies if:

(a) a vehicle, vessel or aircraft is on defence premises; and

(b) a special defence security official reasonably believes that the

vehicle, vessel or aircraft:

(i) is not authorised to be on the premises; or

(ii) constitutes a threat to the safety of persons on the

defence premises; or

(iii) relates to a criminal offence committed, or that may be

committed, on or in relation to the defence premises.

Power to search

(2) A special defence security official may search the vehicle, vessel

or aircraft.

Power to restrain and detain

(3) A special defence security official may restrain and detain any

person in the vehicle, vessel or aircraft.

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Section 71V

Defence Act 1903 153

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

71V Offence—refusing to provide evidence etc. required under this

Division

A person commits an offence if:

(a) a special defence security official requires the person to

provide evidence under this Division; and

(b) section 72B (which deals with the production of identity

cards, etc.) was complied with in relation to the requirement;

and

name or address that is false in a material particular; and

(d) the person is on defence premises.

Penalty: 20 penalty units.

Note: An offence under this section is a protective service offence for the

purposes of the Australian Federal Police Act 1979.

71W Offence—hindering or obstructing a search under this Division

A person commits an offence if the person hinders or obstructs a

search under this Division, and:

(a) if paragraphs 72B(3)(a) and (b) apply in relation to the

search—at the time the person hindered or obstructed the

search, the special defence security official who conducted

the search had done the things referred to in

subparagraphs 72B(3)(c)(i) and (ii); or

(b) otherwise—subsection 72B(2) was complied with in relation

to the search.

Penalty: 50 penalty units.

Note 1: An offence under this section is a protective service offence for the

purposes of the Australian Federal Police Act 1979.

Note 2: Subsections 72B(2) and (3) deal with the production of identity cards

before conducting a search.

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Section 71X

154 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

71X Security authorised members of the Defence Force may

respond to attack

(1) This section applies if:

(a) an attack on defence premises is occurring or is imminent;

and

(b) the attack is likely to, or is intended to, result in the death of

or serious injury to one or more persons on the defence

premises.

(2) Subject to sections 72G and 72H, a security authorised member of

the Defence Force may take action on defence premises to protect

persons from the attack.

Note: Section 72G provides that defence security officials may use

reasonable and necessary force in exercising powers under this Part.

Section 72H provides that security authorised members of the Defence

Force may, in limited circumstances involving an attack, do a thing

that is likely to cause the death of, or grievous bodily harm to, another

person. Other defence security officials are not so authorised (see

subsection 72G(2)).

71Y Power to stop and detain

A special defence security official may stop and detain a person, or

a vehicle, vessel or aircraft, for the purposes of exercising a power

under this Division:

(a) to require the person to provide evidence of particular

matters; or

(b) to search the person or the vehicle, vessel or aircraft.

71Z Powers are in addition to powers under this Part

To avoid doubt, a power conferred upon a special defence security

official under this Division may be exercised in addition to a power

conferred on the special defence security official under another

Division of this Part.

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Seizure Division 5

Section 72

Defence Act 1903 155

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 5—Seizure

72 Power to seize things on defence premises

(1) A special defence security official may seize a thing (including a

vehicle, vessel or aircraft or an unattended thing) on defence

premises, or a thing found as a result of a search (including a

limited search) under this Part, if the official believes on

reasonable grounds that the thing may:

(a) constitute a threat to the safety of a person on the defence

premises; or

(b) relate to a criminal offence committed, or that may be

committed, on or in relation to the defence premises.

(2) If a special defence security official seizes a thing under

subsection (1):

(a) a security authorised member of the Defence Force may take

such action as is reasonable and necessary to make the thing

safe or prevent the thing being used; and

(b) if the official seized the thing from a person—a special

defence security official must, if it is practicable to do so,

give the person a receipt for the thing; and

has been used or otherwise involved in the commission of a

criminal offence—a special defence security official must

give the thing to a member or special member of the

Australian Federal Police or a member of the police force of

a State or Territory at the earliest practicable time; and

(d) if paragraph (c) does not apply:

(i) if the official seized the thing from a person and it is

practicable to do so—a special defence security official

must return the thing to the person within 7 days; or

(ii) otherwise—a special defence security official must give

it to a member or special member of the Australian

Federal Police or a member of the police force of a State

or Territory at the earliest practicable time.

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Division 6 Matters relating to exercise of powers under Part

Section 72A

156 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 6—Matters relating to exercise of powers under

Part

72A Certain powers to be exercised only by security authorised

members of the Defence Force unless not reasonably

practicable

A power conferred upon a special defence security official under

Division 4 (powers exercisable without consent) or Division 5

(seizure powers) may be exercised by a defence security screening

employee only if it is not reasonably practicable in all the

circumstances for the power to be exercised by a security

authorised member of the Defence Force.

72B Defence security officials must produce identity cards, etc.

Production of identity card before making request or requirement

(1) A defence security official is not entitled to make a request or

requirement of a person under this Part unless, before making the

request or requirement:

(a) the defence security official produces his or her identity card

for inspection by the person; and

(b) the person is informed of the effect of refusal by the person

to comply with the request or requirement.

Production of identity card before search

(2) Subject to subsection (3), a defence security official is not entitled

to conduct a search (including a limited search) of a person, or a

vehicle, vessel or aircraft apparently under the control of a person,

under this Part unless, before conducting the search:

(a) the defence security official produces his or her identity card

for inspection by the person; and

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Section 72B

Defence Act 1903 157

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(b) if the search is under Division 4 (powers exercisable without

consent)—the person is informed of the effect of hindering or

obstructing the search.

(3) A defence security official is not required to comply with

subsection (2) before conducting a search of a person, or of a

vehicle, vessel or aircraft apparently under the control of a person,

if:

(a) the search is conducted under subsection 71R(2), 71S(1),

71T(3) or 71U(2); and

(b) a defence security official reasonably believes that the

person, or the vehicle, vessel or aircraft, constitutes a threat

to the safety of persons on the defence premises concerned;

and

the search:

(i) the defence security official who is conducting, or has

conducted, the search produces his or her identity card

for inspection by the person; and

(ii) the person is informed of the effect of hindering or

obstructing the search.

Production of identity card before removal of a person

(4) A defence security official is not entitled to exercise powers under

this Part to remove a person from defence premises unless, before

exercising the power, the official produces his or her identity card

for inspection by the person.

Production of identity card as soon as practicable after detaining a

person

(5) A defence security official is not entitled to restrain and detain, or

stop and detain, a person under this Part unless, as soon as

practicable after restraining and detaining, or stopping and

detaining, the person, the official produces his or her identity card

for inspection by the person.

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Section 72C

158 Defence Act 1903

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72C Persons to be informed of offence

(1) A defence security official who, in accordance with this Part,

exercises a power on the basis that the official reasonably believes

that a person has committed, or may commit, a criminal offence

must inform the person of the offence.

(2) It is sufficient if the person is informed of the substance of the

offence, and it is not necessary that this be done in language of a

precise or technical nature.

(3) Subsection (1) does not apply if:

(a) the person should, in the circumstances, know the substance

of the offence; or

(b) the person’s actions make it impracticable for the defence

security official to inform the person of the offence.

72D Conduct of searches and limited searches

A search or a limited search of a person under this Part must, if

practicable, be conducted by a person of the same sex as the person

being searched.

72E Use of equipment to examine things etc.

For the purposes of conducting a search or a limited search of a

person, or a search of a thing, under this Part or determining

whether a thing may be seized under this Part, a defence security

official may do one or more of the following:

(a) use any equipment, including electronic equipment,

reasonably necessary for the search or the limited search, or

the examination or processing of the thing;

(b) in the case of a thing that is on defence premises, and that a

defence security official suspects on reasonable grounds:

(i) constitutes a threat to the safety of persons on the

defence premises; or

(ii) relates to a criminal offence committed, or that may be

committed, on or in relation to the defence premises;

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Section 72F

Defence Act 1903 159

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move the thing to another part of the defence premises for

immediate examination or processing;

access to data stored on the thing;

(d) obtain expert assistance to do a thing referred to in

paragraph (a), (b) or (c).

72F Power to move certain unattended things on defence premises

If a thing is left unattended on defence premises as a result of, or in

connection with, the exercise of a power under this Part, a defence

security official may move the thing to another place if the defence

security official reasonably believes that it is necessary or desirable

to do so.

72G Use of reasonable and necessary force, etc. by defence security

officials

Use of force—general rule

(1) A defence security official may, subject to this section and

section 72H, use such force against persons and things as is

reasonable and necessary in the circumstances in exercising powers

under this Part.

Limit on use of force—defence security guards and defence

security screening employees

(2) Despite subsection (1), a contracted defence security guard or a

defence security screening employee must not, in using force

against a person in exercising powers under this Part, do anything

that is likely to cause the death of, or grievous bodily harm to, the

person.

Note 1: For security authorised members of the Defence Force, see

section 72H.

Note 2: This provision does not affect a person’s rights under other laws: see

section 72S.

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Division 6 Matters relating to exercise of powers under Part

Section 72H

160 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Indignity

(3) A defence security official must not, in exercising powers under

this Part, subject the person to greater indignity than is reasonable

and necessary in the circumstances.

72H Use of force involving death or grievous bodily harm by

security authorised members of the Defence Force in

responding to an attack

(1) Despite subsection 72G(1), a security authorised member of the

Defence Force must not, in using force against a person in

exercising powers under this Part, do anything that is likely to

cause the death of, or grievous bodily harm to, the person, unless

the member believes on reasonable grounds that:

(a) doing that thing is necessary to prevent the death of, or

serious injury to, another person (including the offician( � and

(b) the threat of death or injury is caused by an attack on defence

premises, or on people on defence premises, that is occurring

or is imminent.

(2) In addition to the limitations in paragraphs (1)(a) and (b), if a

person is attempting to escape being detained by fleeing, a security

authorised member of the Defence Force must not, in exercising

powers under this Part, do anything that is likely to cause the death

of, or grievous bodily harm to, the person unless:

(a) the person has, if practicable, been called on to surrender;

and

(b) the official believes on reasonable grounds that the person

cannot be apprehended in any other manner.

72J Limit on power to restrain and detain

A provision of this Part that confers a power on a defence security

official to restrain and detain a person is limited to a power to

restrain and detain the person for the purpose of placing the person,

at the earliest practicable time, in the custody of:

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Section 72K

Defence Act 1903 161

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(a) a member or special member of the Australian Federal

Police; or

(b) a member of the police force of a State or Territory; or

72K Limit on power to arrest

If a member of the Defence Force arrests a person under

section 72P (which deals with trespass), he or she must, as soon as

practicable after the arrest, bring the person, or cause the person to

be brought, before:

(a) a member or special member of the Australian Federal

Police; or

(b) a member of the police force of a State or Territory.

Note 1: The Crimes Act 1914 provides for arrest powers of police officers and

how arrested persons are to be dealt with.

Note 2: The Australian Federal Police Act 1979 provides for arrest powers of

protective service officers and how arrested persons are to be dealt

with.

72L Powers not to be used to stop protests etc.

In exercising powers under this Part, a defence security official

must not stop or restrict any protest, dissent, assembly or industrial

action, unless there is a reasonable likelihood of:

(a) death of, or serious injury to, persons; or

(b) the commission of a criminal offence.

72M Security authorised members of the Defence Force may use

dogs

A security authorised member of the Defence Force may, if the

security authorised member considers it is reasonably necessary to

do so, use a dog:

(a) to assist a defence security official to conduct a search

(including a limited search) under this Part; or

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Division 6 Matters relating to exercise of powers under Part

Section 72N

162 Defence Act 1903

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(b) to assist a defence security official to restrain or detain, or

remove, a person under this Part; or

under section 72P (which deals with trespass); or

(d) to assist a defence security official to perform a function or

exercise a power under this Part.

72N Persons assisting defence security officials

(1) A defence security official may, in exercising powers under any of

the following provisions, be assisted by other persons if that

assistance is necessary and reasonable:

(a) subsection 71J(1) (search of a vehicle, etc. with consent);

(b) subsection 71N(1) (search of a vehicle, etc. on declared

explosive ordnance depot);

(d) subsection 71U(2) (search of a vehicle, etc. without consent);

(e) section 72E (use of equipment, etc.);

(f) section 72F (moving things, etc.).

(2) A person giving such assistance is a person assisting the defence

security official.

(3) A person assisting the defence security official may exercise the

powers of the defence security official, but only in accordance with

a direction given to the person by the defence security official.

(4) A power exercised by a person assisting the defence security

official as mentioned in subsection (3) is taken for all purposes to

have been exercised by a defence security official.

(5) If a direction is given under subsection (3) in writing, the direction

is not a legislative instrument.

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Other matters Division 7

Section 72P

Defence Act 1903 163

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 7—Other matters

72P Unauthorised entry etc. on defence premises or defence

accommodation

(1) A person commits an offence if:

(a) the person enters or is on:

(i) defence premises; or

(ii) defence accommodation; and

(b) the person is not authorised to be on the premises or

accommodation.

Penalty: 50 penalty units.

Note: An offence under this section is a protective service offence for the

purposes of the Australian Federal Police Act 1979.

(2) A member of the Defence Force, a member or special member of

the Australian Federal Police, a protective service officer or a

member of the police force of a State or Territory may, without

warrant, arrest any person if the member reasonably believes that

the person has committed an offence against subsection (1).

(3) Nothing in this section prevents the arrest of a person in

accordance with any other law.

72Q Certain information may be collected and provided to law

enforcement agencies etc.

(1) The Department, the Defence Force or a contracted security guard

may, on defence premises, collect information, including personal

information, by means of an optical surveillance device.

(2) The Department or the Defence Force may disclose information

collected under subsection (1) to one or more of the following

persons or bodies, for the purposes of the performance of the

functions of the person or body:

(a) an intelligence or security agency;

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Section 72R

164 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(b) the Australian Federal Police or the police force of a State or

Territory;

a State or Territory.

(3) A disclosure of personal information under subsection (2) is taken

to be authorised by this Act for the purposes of Australian Privacy

Principle 6.

Note: Australian Privacy Principle 6 applies to further disclosures of the

personal information.

(4) This provision has effect despite any law of the Commonwealth or

of a State or Territory.

72R Compensation for acquisition of property

(1) If, apart from this section, the operation of this Part would result in

the acquisition of property from a person otherwise than on just

terms, the Commonwealth is liable to pay reasonable compensation

to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may apply to the Federal Court to

determine a reasonable amount of compensation.

(3) The jurisdiction of the Federal Court is exclusive of the jurisdiction

of all other courts except that of the High Court.

(4) In this section:

acquisition of property and just terms have the same meaning as in

paragraph 51(xxxi) of the Constitution.

72S Other powers not affected

(1) This Part does not, by implication, limit the exercise of the powers,

or the rights, of a defence security official, a member of the

Defence Force or any other person:

(a) under this Act; or

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Section 72S

Defence Act 1903 165

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(b) under any other law (including the common law); or

security official, a member of the Defence Force or

otherwise.

(2) Without limiting subsection (1), this Part does not affect any right

of an owner or occupier of premises to refuse to allow a person to

enter, or remain on, the premises.

(3) Without limiting subsection (1), this Part does not affect any right

of a person to defend himself or herself or another person.

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Part VIB The Woomera Prohibited Area

Section 72T

166 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part VIB—The Woomera Prohibited Area

72T Definitions

In this Part:

Aboriginal person means a person of the Aboriginal race of

Australia.

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

Anangu Pitjantjatjara Yankunytjatjara lands means the lands

within the meaning of the Anangu Pitjantjatjara Yankunytjatjara

Land Rights Act 1981 (SA).

Industry Minister means the Minister administering the Offshore

Petroleum and Greenhouse Gas Storage Act 2006.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

Maralinga Tjarutja lands means the lands within the meaning of

the Maralinga Tjarutja Land Rights Act 1984 (SA).

Minister’s permission means permission under section 72TF.

pastoral lease means a lease over land in the Woomera Prohibited

Area held under the Pastoral Land Management and Conservation

Act 1989 (SA).

permission has the meaning given by subsection 72TC(3).

permit means a permit under the Rules.

Rules means the Woomera Prohibited Area Rules made under

section 72TP.

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Section 72TA

Defence Act 1903 167

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standing permission means permission provided by the Rules

under section 72TD.

this Part includes the Rules.

traditional owner:

(a) in relation to the Maralinga Tjarutja lands, means a

traditional owner within the meaning of the Maralinga

Tjarutja Land Rights Act 1984 (SA); and

(b) in relation to the Anangu Pitjantjatjara Yankunytjatjara lands,

means a traditional owner within the meaning of the Anangu

Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA).

Woomera Prohibited Area means the area prescribed under

subsection 72TA(1).

72TA The Woomera Prohibited Area

(1) The Rules may prescribe an area as the Woomera Prohibited Area.

(2) The area:

(a) must be intended for use for the purposes of testing war

materiel; and

(b) may be used for those purposes.

(3) The Rules may, for the purposes of this Part:

(a) prescribe zones within the Woomera Prohibited Area; and

(b) make provision for exclusion periods within those zones.

72TB Application of this Part and Part VII of the Defence Force

Regulations 1952

(1) After the commencement of this Part, Part VII of the Defence

Force Regulations 1952 applies only to the following:

(a) an Aboriginal person in the Woomera Prohibited Area

exercising native title rights or rights under the Native Title

Act 1993;

(b) an Aboriginal person in the Woomera Prohibited Area:

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Section 72TB

168 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(i) exercising rights under section 47 of the Pastoral Land

Management and Conservation Act 1989 (SA); or

(ii) exercising rights under the Aboriginal Heritage Act

1988 (SA), or involved in the protection of sites, objects

or remains protected under that Act;

purposes related to the Maralinga Tjarutja lands;

(d) a traditional owner in the Woomera Prohibited Area for

purposes related to the Anangu Pitjantjatjara Yankunytjatjara

lands;

(e) a person in the Woomera Prohibited Area who is employed

or engaged by, or is acting for, or on behalf of, a person

covered by paragraphs (a) to (d);

(f) a person in the Woomera Prohibited Area who is

accompanied by a person covered by paragraphs (a) to (e);

(g) an Aboriginal person who:

(i) has been invited onto the Maralinga Tjarutja lands or

Anangu Pitjantjatjara Yankunytjatjara lands; and

(ii) is in the Woomera Prohibited Area for purposes related

to the invitation;

(h) a person in the Woomera Prohibited Area who is acting for,

or on behalf of, South Australia;

(i) a person in the Woomera Prohibited Area who is

accompanied by a person covered by paragraph (h);

(j) a person who:

(i) holds a pastoral lease (whether the person’s interest in

the lease was acquired before or after the

commencement of this Part); and

(ii) is in the Woomera Prohibited Area for purposes related

to the lease;

(k) a person who:

(i) is employed or engaged by, or is acting for, or on behalf

of, a person who holds a pastoral lease; and

(ii) is in the Woomera Prohibited Area for purposes related

to the lease;

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Section 72TC

Defence Act 1903 169

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(l) a person in the Woomera Prohibited Area who is

accompanied by a person covered by paragraph (j) or (k);

(m) a person who:

(i) is the owner or operator of the Tarcoola to Darwin

railway; and

(ii) is in the Woomera Prohibited Area for purposes related

to the operation of the railway;

(n) a person who:

(i) is employed or engaged by, or is acting for, or on behalf

of, a person who is the owner or operator of the

Tarcoola to Darwin railway; and

(ii) is in the Woomera Prohibited Area for purposes related

to the operation of the railway;

(o) a person in the Woomera Prohibited Area who is

accompanied by a person covered by paragraph (m) or (n);

(p) a person who has authority for the purposes of Part VII of the

Defence Force Regulations 1952 to be at a place in the

Woomera Prohibited Area and the authority was given before

the commencement of this Part.

(2) If Part VII of the Defence Force Regulations 1952 applies to the

person, this Part does not apply to the person.

Effect of permit on existing authority

(3) Subsections (1) and (2) do not prevent a person from applying for a

permit.

(4) Authority for the purposes of Part VII of the Defence Force

Regulations 1952 for a person to be at a place in the Woomera

Prohibited Area is revoked to the extent that a permit provides (or

provided) permission for the person to be at the place.

72TC Offence—being in the Woomera Prohibited Area without

permission

(1) A person commits an offence if:

(a) the person is not:

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Section 72TD

170 Defence Act 1903

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(i) a member of the Defence Force; or

(ii) the Secretary; or

(iii) an APS employee in the Department; and

(b) the person is at a place in the Woomera Prohibited Area.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Subsection (1) does not apply if the person has permission to be at

the place.

(3) The person has permission to be at the place if:

(a) a standing permission provides permission for the person to

be at the place; or

(b) a permit provides permission for the person to be at the

place; or

72TD Standing permission

(1) The Rules may provide permission for a person to be at a place in

the Woomera Prohibited Area.

(2) The permission may be subject to conditions set out in the Rules.

(3) The Rules may make provision for, and in relation to, other matters

in relation to standing permission.

72TE Permits

(1) The Rules may make provision for, and in relation to, permits that

provide permission for persons to be at places in the Woomera

Prohibited Area.

(2) The Rules may make provision in relation to the following:

(a) the purposes for which permits may be issued;

(b) applying for permits;

(d) suspending and cancelling permits;

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Section 72TF

Defence Act 1903 171

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(e) conditions to which permits are subject.

(3) Subsection (2) does not limit subsection (1).

72TF Minister’s permission

(1) The Minister may, on request, give written permission for a person

to be at a place in the Woomera Prohibited Area.

(2) The permission must:

(a) specify the person by name; and

(b) be given in accordance with any requirements set out in the

Rules.

(3) The permission may be subject to one or more of the following:

(a) conditions imposed by the Minister and set out in the

permission;

(b) conditions set out in the Rules.

(4) The Rules may make provision for, and in relation to, other matters

in relation to Minister’s permission.

72TG Offence—failing to comply with conditions

(1) A person commits an offence if:

(a) the person has permission to be at a place in the Woomera

Prohibited Area; and

(b) the person does, or refuses or fails to do, an act or thing; and

failure to comply with a condition of the permission.

Penalty: 60 penalty units.

(2) Subsection (1) is an offence of strict liability.

72TH Minister may suspend permission

(1) The Minister may suspend a permission if the Minister considers it

necessary for the purposes of the defence of Australia.

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Section 72TJ

172 Defence Act 1903

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(2) The suspension must be:

(a) in writing; and

(b) in accordance with any requirements set out in the Rules.

(3) A suspension under subsection (1) is not a legislative instrument.

72TJ Minister may give directions

(1) The Minister may direct a person to do, or not to do, one or more

specified acts or things in relation to the Woomera Prohibited Area

if the Minister considers it necessary:

(a) for the purposes of the defence of Australia; or

(b) to protect human life.

(2) The direction may include one or more of the following:

(a) a direction to leave a place or an area;

(b) a direction to move, or remove, property or livestock;

(3) Subsection (2) does not limit subsection (1).

(4) A direction made in writing under subsection (1) is not a legislative

instrument.

Offence—failing to comply with direction

(5) A person commits an offence if:

(a) the person is given a direction under subsection (1); and

(b) the person refuses or fails to comply with the direction.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

72TK Compensation for acquisition of property

(1) If the operation of this Part would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of

compensation to the person.

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Section 72TL

Defence Act 1903 173

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(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in a

court of competent jurisdiction for the recovery from the

Commonwealth of such reasonable amount of compensation as the

court determines.

72TL Compensation for loss or damage

The Rules may limit amounts payable by the Commonwealth in

respect of loss or damage in the Woomera Prohibited Area arising

from a breach of a common law or statutory duty of care in relation

to the use of the Woomera Prohibited Area for the purposes of

testing war materiel.

72TM Review of decisions

Internal review

(1) A person whose interests are affected by any of the following

decisions may, by writing, apply to the Minister for a review of the

decision:

(a) a decision under section 72TF to give, or not to give, written

permission for a person to be at a place in the Woomera

Prohibited Area;

(b) a decision to suspend a permission under section 72TH;

(2) On application for review of the decision, the Minister must:

(a) review the decision; and

(b) confirm, vary or revoke the decision.

(3) Within 20 business days after receiving the application, the

Minister must give the person written notice of the decision on the

review.

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Section 72TN

174 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

AAT review

(4) Applications may be made to the Administrative Appeals Tribunal

for review of decisions of the Minister on the review of a decision

under section 72TF to give, or not to give, written permission for a

person to be at a place in the Woomera Prohibited Area.

(5) To avoid doubt, a decision under section 72TF to give written

permission for a person to be at a place in the Woomera Prohibited

Area includes a decision to give such permission subject to

conditions imposed by the Minister.

72TN Delegation

(1) The Minister, by writing, may delegate his or her power under

section 72TF (Minister’s permission) to:

(a) an APS employee who holds or performs the duties of an

APS 6 position, or an equivalent or higher position, in the

Department; or

(b) an officer of the Navy who holds the rank of Commander or

a higher rank; or

Lieutenant- Colonel or a higher rank; or

(d) an officer of the Air Force who holds the rank of Wing

Commander or a higher rank.

(2) The Minister, by writing, may delegate his or her power under

paragraph 72TJ(1)(b) (direction to protect human life) to:

(a) an APS employee who holds or performs the duties of an

Executive Level 2 position, or an equivalent or higher

position, in the Department; or

(b) an officer of the Navy who holds the rank of Captain or a

higher rank; or

(d) an officer of the Air Force who holds the rank of Group

Captain or a higher rank.

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Section 72TP

Defence Act 1903 175

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(3) The Minister, by writing, may delegate his or her power under

section 72TM to review the following decisions to an APS

employee who holds or performs the duties of an SES Band 2

position, or an equivalent or higher position, in the Department:

(a) a decision under section 72TF to give, or not to give, written

permission for a person to be at a place in the Woomera

Prohibited Area;

(b) a decision to give a direction under paragraph 72TJ(1)(b)

(direction to protect human life).

72TP The Woomera Prohibited Area Rules

(1) The Minister may, by legislative instrument and with the

agreement of the Industry Minister, make Woomera Prohibited

Area Rules prescribing matters:

(a) required or permitted by this Part to be prescribed by the

Rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Part.

(2) Without limiting subsection (1), the Rules may:

(a) prescribe fees for doing any act or providing any service for

the purposes of this Part and prescribe the circumstances and

ways in which fees can be refunded, waived or reduced; and

(b) make provision for, and in relation to, the review of decisions

made under this Part or the Rules.

(3) A fee prescribed under paragraph (2)(a) must not be such as to

amount to taxation.

Infringement notices

(4) The Rules may provide for a person who is alleged to have

committed an offence against subsection 72TG(1) to pay a penalty

to the Commonwealth as an alternative to prosecution.

(5) The penalty must not exceed one-fifth of the maximum fine that a

court could impose on the person as a penalty for that offence.

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Section 72TP

176 Defence Act 1903

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Demerit points

(6) The Rules may establish a demerit points system under which a

permit may be suspended or cancelled if the holder of the permit

accrues a prescribed number of demerit points.

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Offences Part VII

Section 73A

Defence Act 1903 177

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part VII—Offences

73A Unlawfully giving or obtaining information as to defences

(1) A person who is a member of the Defence Force or a person

appointed or engaged under the Public Service Act 1999 commits

an offence if:

(a) the person communicates to any other person any plan,

document, or information relating to any fort, battery, field

work, fortification, or defence work, or to any defences of the

Commonwealth, or to any factory, or air force aerodrome or

establishment or any other naval, military or air force

information; and

(b) the communication is not in the course of the first-mentioned

person’s official duty.

(2) A person commits an offence if:

(a) the person obtains any plan, document, or information

relating to any fort, battery, field work, fortification, or

defence work, or air force aerodrome or establishment, or to

any of the defences of the Commonwealth or any other naval,

military or air force information; and

(b) that conduct is unlawful.

73F Penalty

(1) An offence under section 73A may be prosecuted either summarily

or upon indictment, but an offender shall not be liable to be

punished more than once in respect of the same offence.

(2) The punishment for an offence under section 73A shall be:

(a) if the offence is prosecuted summarily—imprisonment for a

period not exceeding 6 months or a fine not exceeding 2

penalty units, or both; or, in the case of a body corporate, a

fine not exceeding 20 penalty units; or

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178 Defence Act 1903

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(b) if the offence is prosecuted upon indictment—a fine of any

amount or imprisonment for any term, or both.

79 Unlawfully disposing of arms etc.

(1) Any person who:

(a) unlawfully disposes of or removes or

(b) fails to deliver up when lawfully required so to do or

any arms accoutrements or other naval, military or air-force articles

belonging to the Commonwealth or to any corps, unit or station,

shall be liable to a penalty not exceeding $40, and may be ordered

by the Court by which he or she is tried to be imprisoned for a

period not exceeding 3 months unless in the meantime he or she

delivers up the article or pays its value.

(1AA) An offence under subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1AB) Paragraph (1)(c) does not apply if the person proves that he or she

had lawful cause for possessing the thing in question.

Note: The defendant bears a legal burden in relation to the matter in

subsection (1AB). See section 13.4 of the Criminal Code.

(1A) In any prosecution under this section for failure to deliver up when

lawfully required so to do any arms, accoutrements or other naval,

military or air-force articles belonging to the Commonwealth or to

any corps, unit or station:

(a) if it is proved to the satisfaction of the Court that any such

article was in the possession of the defendant at any time

prior to the time at which he or she was required to deliver up

the article, he or she shall be deemed, in the absence of proof

by him or her of the lawful disposal of the article, to have

continued in possession of the article up to the time when he

or she was required to deliver up the article; and

(b) inability to deliver up the article shall not be a defence unless

the defendant proves to the satisfaction of the Court that such

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Defence Act 1903 179

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

inability did not arise from any negligence or wrongful act or

omission on his or her part.

Note: The defendant bears a legal burden in relation to the matter in

paragraph (1A)(b). See section 13.4 of the Criminal Code.

(2) When an order has been made under this section the Court may by

warrant in writing authorize any member or special member of the

Australian Federal Police or member of the Police Force of a State

or Territory to take possession of the article and to deliver it to an

officer or as the Court thinks fit to direct.

(3) Any member or special member of the Australian Federal Police or

member of the Police Force of a State or Territory having any

warrant under this section may in the day time enter any building,

premises, or place where the article is or is supposed to be, and

may break open any part of the building, premises, or place, or any

chest, receptacle, or thing therein, and may seize or take possession

of the article and deliver it in accordance with the warrant.

80A Falsely representing to be returned soldier, sailor or airman

(1) A person commits an offence if:

(a) the person represents himself or herself to be a returned

soldier, sailor or airman; and

(b) the representation is false.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(2) For the purposes of this section:

(a) returned soldier means a person who has served abroad

during any war as a member of any Military Force raised in

Australia or in any other part of the British Empire, or as a

member of the Military Forces of any Ally of Great Britain;

(b) returned sailor means a person who has served abroad

during any war as a member of any Naval Force raised in

Australia or in any other part of the British Empire, or as a

member of the Naval Forces of any Ally of Great Britain;

and

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180 Defence Act 1903

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during any war as a member of any Air Force, air service or

flying corps raised in Australia or in any other part of the

British Empire or as a member of the air forces of any Ally

of Great Britain.

80B Improper use of service decorations

(1) A person commits an offence if:

(a) the person wears a service decoration; and

(b) the person is not the person on whom the decoration was

conferred.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(2) Where the person upon whom a service decoration was conferred

has died, it is not an offence against subsection (1) for a member of

the family of that person to wear the service decoration if the

member of the family does not represent himself or herself as

being the person upon whom the decoration was conferred.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) It is not an offence against subsection (1) for a person to wear a

service decoration in the course of a dramatic or other visual

representation (including such a representation to be televised) or

in the making of a cinematograph film.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (3). See subsection 13.3(3) of the Criminal Code.

(4) A person shall not falsely represent himself or herself as being the

person upon whom a service decoration has been conferred.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

(5) A person shall not deface or destroy, by melting or otherwise, a

service decoration.

Penalty: 60 penalty units or imprisonment for 12 months, or both.

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Section 82

Defence Act 1903 181

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

82 Sketching etc. of fortifications prohibited

(1) If:

(a) a person makes a sketch, drawing, photograph, picture or

painting of any defence installation in Australia or of any part

of one; and

(b) the person has no lawful authority to do so;

then:

(d) all sketches, drawings, photographs, pictures, and paintings,

and all tools and all materials or apparatus for sketching,

drawing, photographing or painting found in his or her

possession are forfeited and may be destroyed, sold, or

otherwise disposed of, as the Governor-General directs.

(1A) The maximum penalty for an offence under subsection (1) is

imprisonment for 6 months or a fine of 2 penalty units, or both.

(2) If:

(a) a person enters or approaches any defence installation with

sketching, drawing, photographing, or painting materials or

apparatus in his or her possession; and

(b) the person has no lawful authority for that conduct; and

then:

(d) the person commits an offence; and

(e) all tools and all materials or apparatus for sketching,

drawing, photographing or painting found in his or her

possession are forfeited and may be destroyed, sold, or

otherwise disposed of, as the Governor-General directs.

(2A) The maximum penalty for an offence under subsection (2) is a fine

of 1 penalty unit.

(4) Any member of the Defence Force, member or special member of

the Australian Federal Police or member of the Police Force of a

State or Territory, may, without warrant, arrest any person who he

or she has reasonable ground to believe has committed an offence

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Section 83

182 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

against this section, and take the person before a Court of summary

jurisdiction to be dealt with according to law.

(5) In this section:

defence installation means any fort, battery, fieldwork,

fortification, aircraft, air force establishment or aircraft material or

any naval, military or air force work of defence.

83 Unauthorised use, possession or supply of emblems or flags

(1) A person who is not a member of the Defence Force commits an

offence if:

(a) the person uses or wears a defence emblem or an emblem so

nearly resembling a defence emblem as to be capable of

being mistaken for such an emblem; and

(b) the person does not have the written authority of the

Minister, or of a person authorised in writing by the Minister,

to do so.

Penalty: 2 penalty units.

(2) A person commits an offence if:

(a) the person makes, supplies or offers to supply a defence

emblem or an emblem so nearly resembling a defence

emblem as to be capable of being mistaken for such an

emblem; and

(b) the person does not have the written authority of the

Minister, or of a person authorised in writing by the Minister,

to do so.

Penalty: 5 penalty units.

(3) A person commits an offence if:

(a) the person flies or displays a defence flag; and

(b) the person is not a member of the Defence Force acting in the

course of his or her duties; and

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Defence Act 1903 183

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Minister, or of a person authorised in writing by the Minister,

to do so.

Penalty: 2 penalty units.

(3A) An authority under subsection (1), (2) or (3) shall be subject to

such limitations (if any) as are specified in the authority.

(4) A person on whose behalf or at whose place of business an article

is supplied or offered in contravention of this section, whether

contrary to the instructions of that person or not, commits an

offence, and shall, on conviction, be liable to a fine not exceeding

2 penalty units.

(4A) An offence under subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) It is not an offence against this section for a person to use or wear a

defence emblem or fly a defence flag in the course of a dramatic or

other visual representation (including such a representation to be

televised) or in the making of a cinematograph film.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (5). See subsection 13.3(3) of the Criminal Code.

(6) Where an offence against this section has been committed, the

court may, if it thinks fit, order the forfeiture of any emblem or flag

in respect of which that offence was committed.

(7) In this section:

defence emblem means an emblem of the Defence Force or an arm

of the Defence Force.

defence flag means a flag of the Defence Force or an arm of the

Defence Force.

emblem includes a badge, a regimental or other similar distinctive

mark, an armlet or an accoutrement.

flag includes an ensign or a standard.

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184 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

84 Penalty for bringing contempt on uniform

(1) Any person who wears any uniform of the Defence Force, or any

dress having the appearance or bearing any of the regimental or

other distinctive marks of any such uniform, in such a manner or

under such circumstances as to be likely to bring contempt upon

that uniform, shall be liable to a penalty not exceeding 2 penalty

units.

(2) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Offences in relation to service tribunals Part VIII

Section 86

Defence Act 1903 185

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part VIII—Offences in relation to service tribunals

86 Failure of witness to appear

(1) A person commits an offence if:

(a) the person has been served with a summons under the

Defence Force Discipline Act 1982 to appear as a witness

before a service tribunal; and

(b) the person:

(i) fails to appear as required by the summons; or

(ii) fails to appear and report himself or herself from day to

day and has not been excused or released by the tribunal

from further attendance.

Penalty: Imprisonment for 6 months or 10 penalty units, or both.

(2) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (3). See subsection 13.3(3) of the Criminal Code.

88 False or misleading evidence

A person who is appearing as a witness before a service tribunal

commits an offence if:

(a) the person gives evidence; and

(b) the evidence is false or misleading; and

Penalty: Imprisonment for 6 months or 10 penalty units, or both.

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Section 89

186 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

89 Contempt of service tribunals etc.

(1) A person shall not:

(a) insult a member of a court martial, a judge advocate, a

Defence Force magistrate or a summary authority in or in

relation to the exercise of his or her powers or functions as

such a member, judge advocate, magistrate or authority, as

the case may be;

(b) interrupt the proceedings of a service tribunal;

disturbance in or near a place where a service tribunal is

sitting; or

(d) do any other act or thing that would, if a service tribunal

were a court of record, constitute a contempt of that court.

Penalty: Imprisonment for 6 months or 10 penalty units.

(1A) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) In this section:

judge advocate has the same meaning as in the Defence Force

Discipline Act 1982.

summary authority has the same meaning as in the Defence Force

Discipline Act 1982.

90 Failure to comply with order under section 140 of the Defence

Force Discipline Act 1982

(1) A person commits an offence if:

(a) an order under section 140 of the Defence Force Discipline

Act 1982 applies to the person; and

(b) the person contravenes or fails to comply with the order.

Penalty: Imprisonment for 6 months or 10 penalty units, or both.

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Section 90

Defence Act 1903 187

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(2) In paragraph (1)(a), strict liability applies to the physical element

of circumstance, that the order is under section 140 of the Defence

Force Discipline Act 1982.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Part VIIIA Testing for prohibited substances

Division 1 Preliminary

Section 91

188 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part VIIIA—Testing for prohibited substances

Division 1—Preliminary

91 Application of Part

This Part applies to the following persons:

(a) defence members;

(b) defence civilians.

92 Object of Part

The object of this Part is to make provision for the testing of

persons to whom this Part applies to determine whether they have

used any prohibited substance.

93 Definitions

In this Part, unless the contrary intention appears:

accredited authority means a laboratory or other body, or a person,

specified in the Defence Instructions to be an accredited authority

for the purposes of this Part.

authorised person means a person determined under section 93A

to be an authorised person for the purposes of the provision of this

Part in which the expression occurs.

defence civilian has the same meaning as in the Defence Force

Discipline Act 1982.

defence member has the same meaning as in the Defence Force

Discipline Act 1982.

narcotic substance has the same meaning as in the Customs Act

1901.

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Preliminary Division 1

Section 93

Defence Act 1903 189

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

positive test result, in relation to a prohibited substance test in

respect of a person, means a finding by an accredited authority that

the test in respect of the person reveals:

(a) the presence of a prohibited substance in a sample provided

by the person, or otherwise reveals the use by the person of a

prohibited substance; and

(b) if a permitted level for that substance is specified in the

Defence Instructions—that the permitted level has been

exceeded.

prohibited substance means:

(a) a narcotic substance; or

(b) any substance that is a prohibited substance because of a

determination under subsection 93B(1).

prohibited substance test means:

(a) urinalysis; or

(b) another test that:

(i) is for the purpose of determining whether a person has

used a prohibited substance, whether by means of

testing a sample provided by the person or by other

means; and

(ii) is a prohibited substance test because of a determination

under subsection 93B(2).

relevant authority means:

(a) in relation to a defence member who holds a rank not below

the rank of Major-General (or an equivalent rank)—the

Governor-General; or

(b) in relation to a defence member who holds a rank below the

rank of Major-General (or an equivalent rank)—the Chief of

the Defence Force; or

Force.

sample means:

(a) any human biological fluid; or

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Section 93A

190 Defence Act 1903

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(b) any human biological tissue (whether alive or otherwise); or

93A Authorised person

The Chief of the Defence Force may, by written instrument,

determine that a person is an authorised person for the purposes of

a provision of this Part.

93B Determinations about prohibited substances and prohibited

substance tests

(1) The Chief of the Defence Force may, by legislative instrument,

determine that a substance, or a substance included in a class of

substances, is a prohibited substance for the purposes of this Part.

(2) The Chief of the Defence Force may, by legislative instrument,

determine that a test, or a test included in a class of tests, is a

prohibited substance test for the purposes of this Part.

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Testing for prohibited substances Division 2

Section 94

Defence Act 1903 191

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 2—Testing for prohibited substances

94 Requirement to undergo a prohibited substance test

An authorised person may require a person to whom this Part

applies:

(a) to undergo a prohibited substance test; and

(b) if the prohibited substance test involves testing a sample—to

provide a sample for the purposes of the test.

95 Conduct of testing

(1) The conduct of a prohibited substance test under section 94 must

be supervised by an authorised person.

(2) A prohibited substance test:

(a) must be conducted in circumstances affording reasonable

privacy to the person being tested; and

(b) must not be conducted in the presence of a person whose

presence is not necessary for the purposes of conducting or

supervising the test; and

(i) the removal of more clothing; or

(ii) more visual inspection;

than is necessary for the purposes of conducting the test.

96 Notice to person required to provide a sample

If a person is required to provide a sample for the purposes of a

prohibited substance test under section 94, the authorised person

supervising the test must, before the sample is provided, give to the

person a written notice explaining such matters relating to dealing

with the sample as are specified in the Defence Instructions.

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Division 3 Return of a positive test result

Section 98

192 Defence Act 1903

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Division 3—Return of a positive test result

98 Application

(1) This Division applies if a prohibited substance test in respect of a

person returns a positive test result.

(2) A positive test result is to be disregarded if an authorised person is

satisfied that the presence of any prohibited substance revealed by

the testing was wholly attributable to something done in

accordance with the directions or recommendations of a legally

qualified medical practitioner.

100 Notice to be given of a positive test result

(1) If a prohibited substance test in respect of a person returns a

positive test result, the relevant authority in relation to the person

must:

(a) give the person written notice of the positive test result; and

(b) invite the person to give to the relevant authority a written

statement of reasons as to:

(i) if the person is an officer—why the officer’s

appointment should not be terminated; or

(ii) if the person is a defence member other than an

officer—why the defence member should not be

discharged; or

(iii) if the person is a defence civilian—why the arrangement

under which the person is a defence civilian should not

be terminated.

Note: Subsection 98(2) provides that a positive test result is to be

disregarded in specified circumstances, so in such circumstances a

notice under this section would not be given.

(2) A notice under subsection (1) must specify a period ending not less

than 28 days after the day on which the notice is given as the

period within which a statement of reasons must be given to the

relevant authority.

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Return of a positive test result Division 3

Section 101

Defence Act 1903 193

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101 Termination or discharge

(1) If a defence member to whom a notice is given under section 100

is an officer who holds a rank not below the rank of Major-General

(or equivalent rank) and:

(a) the officer does not give the relevant authority, within the

period specified in the notice, a statement of reasons why the

officer’s appointment should not be terminated; or

(b) having considered such a statement given by the officer, the

relevant authority is of the opinion that the officer’s

appointment should be terminated;

the Governor-General must terminate the appointment.

(2) If a defence member to whom a notice is given under section 100

is an officer who holds a rank below the rank of Major-General (or

equivalent rank) and:

(a) the officer does not give the relevant authority, within the

period specified in the notice, a statement of reasons why the

officer’s appointment should not be terminated; or

(b) having considered such a statement given by the officer, the

relevant authority is of the opinion that the officer’s

appointment should be terminated;

the relevant authority must terminate the appointment.

(3) If a defence member to whom a notice is given under section 100

is not an officer and:

(a) the defence member does not give the relevant authority,

within the period specified in the notice, a statement of

reasons why the defence member should not be discharged;

(b) having considered such a statement given by the defence

member, the relevant authority is of the opinion that the

defence member should be discharged;

the relevant authority must discharge the defence member.

(4) If a person to whom a notice is given under section 100 is a

defence civilian and:

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Section 101

194 Defence Act 1903

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(a) the person does not give the relevant authority, within the

period specified in the notice, a statement of reasons why the

arrangement under which the person is a defence civilian

should not be terminated; or

(b) having considered such a statement given by the person, the

relevant authority is of the opinion that the arrangement

under which the person is a defence civilian should be

terminated;

the relevant authority must terminate that arrangement.

(5) In considering under this section whether:

(a) an officer’s appointment should be terminated; or

(b) a defence member other than an officer should be discharged;

should be terminated;

the relevant authority must take into consideration any warning

previously given to the officer, defence member or defence civilian

under section 104.

(5A) If a delegate of the Governor-General or another relevant authority

gives a notice to a defence member or a defence civilian under

section 100, the same delegate must not:

(a) terminate the appointment of, or discharge, the defence

member; or

(b) terminate an arrangement under which the person is a

defence civilian.

Note 1: Action referred to in paragraphs (a) and (b) may be taken by another

delegate or by the relevant authority.

Note 2: For delegations, see section 120A.

(6) Nothing in this section or in section 104 is to be taken to require

that a notice under section 104 must have been given in respect of

a previous positive test result before:

(a) an officer’s appointment is terminated; or

(b) a defence member is discharged; or

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Return of a positive test result Division 3

Section 102

Defence Act 1903 195

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

terminated;

under this section.

102 Form and date of effect of termination or discharge

(1) The termination under subsection 101(1) or (2) of the appointment

of an officer, the discharge under subsection 101(3) of a defence

member or the termination under subsection 101(4) of an

arrangement in relation to a defence civilian must be in writing.

(2) The document effecting the termination or discharge must specify

the day on which the termination or discharge is to take effect.

(3) A copy of the document effecting the termination or discharge

must be given to the defence member or defence civilian.

(4) The day to be specified is a day:

(a) not earlier than the day on which the defence member or

defence civilian is given a copy of the document effecting the

termination or discharge; and

(b) not later than 3 months after the day referred to in

paragraph (a).

(5) The termination of appointment or the discharge, as the case may

be, takes effect on the day specified.

103 Reduction in rank

(1) This section applies if a prohibited substance test in respect of a

defence member returns a positive test result and:

(a) if the defence member is an officer—the officer’s

appointment is not terminated under subsection 101(1) or (2);

(b) if the defence member is not an officer—the member is not

discharged under subsection 101(3).

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Division 3 Return of a positive test result

Section 104

196 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(2) Subject to the following provisions of this section, the Chief of the

Defence Force may reduce the defence member to the next lower

rank.

(3) If the Chief of the Defence Force proposes to reduce a defence

member’s rank, he or she must:

(a) inform the defence member in writing of the proposal; and

(b) give the defence member a reasonable opportunity to show

cause why the defence member’s rank should not be reduced.

(4) A reduction in rank must be in writing.

(5) The document effecting the reduction in rank must specify the day

on which the reduction in rank is to take effect.

(6) A copy of the document effecting the reduction in rank is to be

given to the officer or other defence member.

104 Warning if a prohibited substance test returns a positive result

(1) If a prohibited substance test in respect of a defence member

returns a positive test result, the relevant authority may give to the

defence member a notice containing a warning that, if a subsequent

prohibited substance test in respect of the defence member also

returns a positive test result:

(a) if the defence member is an officer—the officer’s

appointment may be terminated; or

(b) if the defence member is not an officer—the defence member

may be discharged; or

further reduced, in rank.

(2) If a prohibited substance test in respect of a defence civilian returns

a positive test result, the relevant authority may give to the defence

civilian a notice containing a warning that, if a subsequent

prohibited substance test in respect of the defence civilian also

returns a positive test result, the arrangement under which the

person is a defence civilian may be terminated.

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Miscellaneous Division 4

Section 106

Defence Act 1903 197

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 4—Miscellaneous

106 Failure to provide sample

(1) A defence member or defence civilian commits an offence if:

(a) an authorised person has required the defence member or

defence civilian under section 94 to provide a sample; and

(b) the defence member or defence civilian refuses or fails to

provide the sample.

Penalty: Imprisonment for 6 months.

(2) In paragraph (1)(a), strict liability applies to the physical element

of circumstance, that the requirement is under section 94.

Note: For strict liability, see section 6.1 of the Criminal Code.

107 Unauthorised acts in relation to sample

(1) A person commits an offence if:

(a) a sample is provided by a defence member or defence

civilian pursuant to a requirement made by an authorised

person under section 94; and

(aa) the person interferes with, or otherwise deals with, the

sample; and

(b) the person is not authorised under this Part or the Defence

Instructions to do so.

Penalty: Imprisonment for 6 months.

(2) In paragraph (1)(a), strict liability applies to the physical element

of circumstance, that the requirement is under section 94.

Note: For strict liability, see section 6.1 of the Criminal Code.

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Division 4 Miscellaneous

Section 108

198 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

108 Finding made as a result of testing not admissible in certain

criminal proceedings

A finding made by an accredited authority by means of testing a

sample provided by a defence member or defence civilian under

this Part is not admissible in evidence in any proceeding against

the defence member or defence civilian for:

(a) an offence under the Defence Force Discipline Act 1982; or

(b) an offence against section 6 of the Crimes Act 1914, or

against section 11.1, 11.4 or 11.5 of the Criminal Code, in

relation to an offence under the Defence Force Discipline Act

1982.

109 Defence Instructions

(1) Without limiting section 11, the Defence Instructions may make

provision, not inconsistent with this Part, in relation to the

following:

(a) the persons or classes of persons who may be required to

undergo prohibited substance tests under section 94;

(b) laboratories, bodies or persons that are accredited authorities

for the purposes of this Part;

substance tests under section 94;

(d) the conduct of, and procedures relating to, prohibited

substance tests under section 94;

(e) the devices used in conducting prohibited substance tests

under section 94, including the calibration, inspection and

testing of those devices;

(f) levels of prohibited substances that are permitted levels for

the purposes of this Part;

(g) the procedures for the handling and analysis of the following:

(i) samples taken in connection with prohibited substance

tests under section 94;

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Defence Act 1903 199

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(ii) the giving of prohibited substance test results in

certificates or other documents and the evidentiary

effect of such certificates or other documents;

(h) the confidentiality of prohibited substance test results;

(i) notices to be given to persons who are to undergo, or who

have undergone, prohibited substance tests;

(j) any other matter or thing that relates to, or is for the purposes

of, this Part.

(2) The Defence Instructions may provide that strict compliance with

procedures specified in the Defence Instructions is not required and

substantial compliance is sufficient, other than in respect of

procedures relating to the following matters:

(a) ensuring that a sample is not interfered with;

(b) ensuring that a sample is securely contained and identified.

110 Other administrative action not precluded

Nothing in this Part precludes the taking, in relation to a defence

member, of any administrative action that could, if this Part had

not been enacted, be lawfully taken because he or she is a defence

member.

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Part VIIIB Inspector-General of the Australian Defence Force

Division 1 Establishment and functions of the Inspector-General of the Australian

Defence Force

Section 110A

200 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part VIIIB—Inspector-General of the Australian

Defence Force

Division 1—Establishment and functions of the

Inspector-General of the Australian Defence

Force

110A Object of Part

The main object of this Part is to provide the Chief of the Defence

Force with:

(a) a mechanism for internal audit and review of the military

justice system independent of the ordinary chain of

command; and

(b) an avenue, independent of the ordinary chain of command,

by which failures and flaws in the military justice system can

be exposed and examined so that the cause of any injustice

(whether systemic or otherwise) may be remedied.

110B Inspector-General of the Australian Defence Force

There is to be an Inspector-General of the Australian Defence

Force, to be known as the Inspector-General ADF.

110C Functions of the Inspector-General ADF

(1) The Inspector-General ADF has the following functions:

(a) to inquire into or investigate matters concerning the military

justice system;

(b) to conduct performance reviews of the military justice

system, including internal audits, at the times and in the

manner the Inspector-General ADF considers appropriate;

including making recommendations for improvements;

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Section 110C

Defence Act 1903 201

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(d) to promote military justice values across the Defence Force;

(e) if directed by the Minister to do so—to inquire into or

investigate a matter concerning the Defence Force;

(f) if directed by the Chief of the Defence Force to do so—to

inquire into or investigate a matter concerning the Defence

Force;

(g) such functions as are prescribed by the regulations;

(h) such functions as are conferred on the Inspector-General

ADF by or under this Act;

(i) such functions as are conferred on the Inspector-General

ADF by or under any other law of the Commonwealth;

(j) to do anything incidental or conducive to the performance of

any of the above functions.

Note: Subsection (4) limits the functions that may be prescribed by

regulations made for the purposes of paragraph (g).

(3) The function referred to in paragraph (1)(a) includes the following:

(a) carrying out preliminary assessments as to whether an

inquiry or investigation should be conducted by the

Inspector-General ADF;

(b) referring matters to other appropriate authorities to be dealt

with.

(4) Regulations made for the purposes of paragraph (1)(g) must not

prescribe a function unless the function relates to:

(a) the military justice system; or

(b) complaints made by members of the Defence Force, where

the relevant complaint is about a decision, act or omission in

relation to the member’s service in the Defence Force; or

death appears to have arisen out of, or in the course of, the

member’s service in the Defence Force.

(5) To avoid doubt, a function prescribed by regulations made for the

purposes of paragraph (1)(g) may be to inquire into or investigate a

matter mentioned in paragraph (4)(b) or (c).

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Division 1 Establishment and functions of the Inspector-General of the Australian

Defence Force

Section 110DA

202 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(6) Subsection (5) does not limit paragraph (1)(g).

Note: The regulations may make provision in relation to the procedures and

powers of the Inspector-General ADF in respect of the performance of

the Inspector-General ADF’s functions (see paragraph 124(1)(h)).

110DA Conduct of inquiry or investigation

Scope

(1) This section applies to an inquiry or investigation by the

Inspector-General ADF under:

(a) paragraph 110C(1)(a); or

(b) regulations made for the purposes of paragraph 110C(1)(g).

When inquiry or investigation may be conducted

(2) The Inspector-General ADF may conduct an inquiry or

investigation:

(a) on his or her own initiative; or

110DB Inspector-General ADF may end an inquiry or investigation

(1) The Inspector-General ADF may end an inquiry or investigation

conducted by the Inspector-General ADF if the Inspector-General

ADF is satisfied that the inquiry or investigation, or the

continuation of the inquiry or investigation, is not warranted

having regard to all the circumstances.

(2) Subsection (1) does not apply to an inquiry or investigation under

paragraph 110C(1)(e).

Note: Paragraph 110C(1)(e) is about inquiries and investigations directed by

the Minister.

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Administrative provisions about the Inspector-General of the Australian Defence Force

Division 2

Section 110E

Defence Act 1903 203

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 2—Administrative provisions about the

Inspector-General of the Australian Defence

Force

110E Appointment

(1) The Inspector-General ADF is to be appointed by the Minister by

written instrument.

(2) In making an appointment under subsection (1), the Minister must

have regard to any recommendations made by the Chief of the

Defence Force.

(3) The Inspector-General ADF holds office on a full-time basis.

(4) A person holding office as the Inspector-General ADF holds office

on the terms and conditions (if any) in relation to matters not

covered by this Act that are determined by the Minister.

110F Qualifications for appointment

A person must not be appointed as the Inspector-General ADF

unless the person has knowledge of and experience in relation to

military justice issues and an understanding of their relevance to

the role of the Defence Force.

110G Tenure

(1) The Inspector-General ADF holds office for the period specified in

the instrument of appointment. The period must not exceed 5 years.

(2) The Inspector-General ADF is eligible for reappointment.

110H Resignation

The Inspector-General ADF may resign his or her appointment by

giving the Minister a written resignation.

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Division 2 Administrative provisions about the Inspector-General of the Australian

Defence Force

Section 110I

204 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

110I Remuneration

(1) The Inspector-General ADF is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, he or she is to be

paid the remuneration that is prescribed.

(2) The Inspector-General ADF is to be paid the allowances that are

prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

110J Leave of absence

(1) The Inspector-General ADF has the recreation leave entitlements

that are determined by the Remuneration Tribunal.

(2) The Chief of the Defence Force may grant the Inspector-General

ADF leave of absence, other than recreation leave, on the terms

and conditions as to remuneration or otherwise that the Chief of the

Defence Force determines.

110K Engaging in other paid work

The Inspector-General ADF must not engage in paid employment

outside the duties of his or her office without the Minister’s

consent.

110L Termination of appointment

(1) The Minister must terminate the appointment of the

Inspector-General ADF if the Inspector-General ADF:

(a) becomes bankrupt; or

(b) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

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Section 110M

Defence Act 1903 205

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(d) assigns his or her remuneration for the benefit of his or her

creditors; or

(e) is absent from duty, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

(f) fails, without reasonable excuse, to comply with

section 110M.

(2) The Minister may terminate the appointment of the

Inspector-General ADF on the ground of:

(a) misbehaviour; or

(b) physical or mental incapacity.

(3) The Minister may terminate the appointment of the

Inspector-General ADF if the Inspector-General ADF engages in

paid employment outside the duties of his or her office other than

with the Minister’s consent.

110M Disclosure of interests

The Inspector-General ADF must give written notice to the

Minister of all interests (financial or otherwise) that the

Inspector-General ADF has or acquires that could conflict with the

proper performance of the functions of his or her office.

110N Acting appointments

(1) The Minister may appoint a person to act as the Inspector-General

ADF:

(a) during a vacancy in the office of Inspector-General ADF

(whether or not an appointment has previously been made to

that office); or

(b) during any period, or during all periods, when the

Inspector-General ADF is absent from duty or from

Australia, or is, for any other reason, unable to perform the

duties of the office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

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Section 110O

206 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(3) The Minister must not appoint a person to act as the

Inspector-General ADF unless the person has knowledge of and

experience in relation to military justice issues and an

understanding of their relevance to the role of the Defence Force.

(4) In making an appointment under subsection (1), the Minister must

have regard to any recommendations made by the Chief of the

Defence Force.

110O Staff

(1) The staff necessary to assist the Inspector-General ADF are to be

the following:

(a) members of the Defence Force made available for the

purpose by the Chief of the Defence Force;

(b) persons engaged under the Public Service Act 1999 and made

available for the purpose by the Secretary of the Department.

(2) The Inspector-General ADF may engage persons having suitable

qualifications and experience as consultants to, or to perform

services for, the Inspector-General ADF.

(3) An engagement under subsection (2) is to be made:

(a) on behalf of the Commonwealth; and

(b) by written agreement.

110P Inquiry officers, inquiry assistants and Assistants IGADF

(1) The Inspector-General ADF may appoint a person as:

(a) an inquiry officer; or

(b) an inquiry assistant; or

(2) The Inspector-General ADF must not appoint a person under

subsection (1) unless the person is eligible to be so appointed under

the regulations.

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Section 110P

Defence Act 1903 207

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(3) The regulations may prescribe matters relating to the roles,

functions and powers of a person appointed under subsection (1).

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Division 3 Other matters

Section 110Q

208 Defence Act 1903

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Division 3—Other matters

110Q Protection from civil actions

(1) This section applies to the following persons (protected persons):

(a) the Inspector-General ADF;

(b) a person acting under the authority of the Inspector-General

ADF.

(2) A protected person is not liable to civil proceedings for loss,

damage or injury of any kind suffered by another person as a result

of the performance or exercise, in good faith, of the protected

person’s functions, powers or duties under or in relation to this

Act.

110R Annual report by Inspector-General ADF

(1) As soon as practicable after the end of each financial year, the

Inspector-General ADF must prepare and give to the Minister, for

presentation to the Parliament, a report on the operations of the

Inspector-General ADF during the financial year.

Note: See also section 34C of the Acts Interpretation Act 1901, which

contains extra rules about periodic reports.

(2) For this purpose, the operations of the Inspector-General ADF

include the operations of persons appointed under section 110P.

110S Delegation

The Inspector-General ADF may, by instrument in writing,

delegate his or her power under section 110P to an officer holding

a rank not lower than the naval rank of captain or the rank of

colonel or group captain.

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Preliminary Division 1

Section 110T

Defence Act 1903 209

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Part VIIIC—Defence Honours and Awards Appeals

Tribunal

Division 1—Preliminary

110T Definitions

In this Part:

Chair means the Chair of the Tribunal.

defence award has the meaning given by the regulations.

defence honour has the meaning given by the regulations.

eligible service means:

(a) service in the Defence Force; or

(b) service under the control, or at the direction, of the Defence

Force or a member of the Defence Force.

foreign award means an honour or award given by a government

of a foreign country, or by an international organisation.

inquiry means an inquiry under Division 4.

procedural rules means the procedural rules made under

section 110XH.

reviewable decision has the meaning given by section 110V.

review of a reviewable decision means a review under Division 3.

Tribunal means the Defence Honours and Awards Appeals

Tribunal established by section 110U.

Tribunal member means a member of the Tribunal, including the

Chair.

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Section 110T

210 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Tribunal proceeding means:

(a) a review of a reviewable decision; or

(b) an inquiry.

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Division 2

Section 110U

Defence Act 1903 211

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Division 2—Establishment and functions of Defence

Honours and Awards Appeals Tribunal

110U Establishment of Tribunal

(1) The Defence Honours and Awards Appeals Tribunal is established

by this section.

(2) The Tribunal has the privileges and immunities of the Crown.

110UA Functions of Tribunal

The functions of the Tribunal are:

(a) to review reviewable decisions in accordance with

Division 3; and

(b) to inquire into matters concerning honours or awards for

eligible service in accordance with Division 4.

110UB Tribunal and Tribunal members not subject to direction

Except as provided by this Part (including the procedural rules) or

another law of the Commonwealth, neither the Tribunal, nor any

Tribunal member, is subject to direction from anyone in relation to

the performance or exercise of the Tribunal’s or member’s

functions or powers.

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Division 3 Review of decisions by the Tribunal

Section 110V

212 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 3—Review of decisions by the Tribunal

110V What decisions are reviewable?

(1) A reviewable decision is a decision (whether made before or after

the commencement of this Part) in relation to which the following

conditions are satisfied:

(a) the decision is or was a refusal to recommend a person or

group of persons for any of the following in relation to

eligible service:

(i) a defence honour;

(ii) a defence award;

(iii) a foreign award;

(b) the decision is or was made:

(i) by or on behalf of the Minister, or a former Minister (a

former Defence Minister) whose ministerial

responsibilities included defence or matters related to

defence; or

(ii) by a person within the Department, or a former

Department of State of the Commonwealth that was

administered by a former Defence Minister; or

(iii) by a person within the Defence Force, or an arm of the

Defence Force;

(2) However, a decision is not a reviewable decision if the decision:

(a) was made before 3 September 1939; or

(b) relates to service rendered before 3 September 1939.

110VA Who can apply for review?

An application for review of a reviewable decision can only be

made by the person, or one or more of the persons, who made the

application referred to in paragraph 110V(1)(c).

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Section 110VB

Defence Act 1903 213

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110VB Review of decisions by the Tribunal

Decisions relating to defence honours

(1) If an application is properly made to the Tribunal for review of a

reviewable decision relating to a defence honour, the Tribunal:

(a) must review the decision; and

(b) may make any recommendations to the Minister that the

Tribunal considers appropriate.

Note 1: The Tribunal does not have power to affirm or set aside the decision.

Note 2: Formal requirements relating to decisions etc. of the Tribunal are dealt

with in section 110XE.

Decisions relating to defence awards and foreign awards

(2) If an application is properly made to the Tribunal for review of a

reviewable decision relating to a defence award or a foreign award,

the Tribunal must review the decision and:

(a) affirm the decision; or

(b) set the decision aside and:

(i) substitute a new decision (being a decision to

recommend a person or group of persons for a defence

award or a foreign award); or

(ii) refer the matter to a person determined by the Tribunal,

for reconsideration in accordance with any directions of

the Tribunal.

Note: Formal requirements relating to decisions etc. of the Tribunal are dealt

with in section 110XE.

(3) The Tribunal may also make any recommendations to the Minister

that the Tribunal considers appropriate and that arise out of, or

relate to, the Tribunal’s review under subsection (2) of a

reviewable decision.

(4) If, under subsection (2), the Tribunal sets aside a reviewable

decision and substitutes a new decision then, unless the Tribunal

determines otherwise, the substituted decision:

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Section 110VC

214 Defence Act 1903

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(a) is taken to be a decision of the person who made the

reviewable decision (except for the purpose of any review of

the substituted decision, whether by the Tribunal or

otherwise); and

(b) has effect, or is taken to have had effect, on and from the date

determined by the Tribunal.

(5) If, under subsection (2), the Tribunal sets aside a reviewable

decision and refers the matter to a person determined by the

Tribunal, for reconsideration in accordance with any directions of

the Tribunal:

(a) the person must reconsider the matter accordingly; and

(b) if the person’s decision on the reconsideration is a refusal of

a kind described in paragraph 110V(1)(a)—the decision is

taken to be a reviewable decision made by that person in

response to an application made by the person or persons

who made the application referred to in subsection (2) of this

section.

Tribunal is bound by eligibility criteria that governed making of

reviewable decision

(6) In reviewing a reviewable decision, the Tribunal is bound by the

eligibility criteria that governed the making of the reviewable

decision.

(7) The regulations may define or otherwise clarify the meaning of

eligibility criteria for the purpose of subsection (6).

110VC Power to dismiss review applications

(1) Despite section 110VB, the Chair may, in writing, dismiss an

application for review of a reviewable decision if the Chair

considers that:

(a) there is another process for review, by the Commonwealth,

of the decision, and it would be preferable for the decision to

first be reviewed by that process; or

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Section 110VC

Defence Act 1903 215

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(b) the question whether the person, or group of persons,

concerned should be recommended for the defence honour,

defence award or foreign award concerned has already been

adequately reviewed (whether by the Tribunal or otherwise);

(2) The Chair’s power under subsection (1) to dismiss an application

for review of a reviewable decision may be exercised at any time,

whether before or after the Tribunal has started to review the

decision.

(3) A dismissal under subsection (1) is not a legislative instrument.

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Division 4 Inquiries by the Tribunal

Section 110W

216 Defence Act 1903

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Division 4—Inquiries by the Tribunal

110W Minister may direct Tribunal to hold inquiry

(1) The Minister may, in writing, give the Tribunal a direction to hold

an inquiry into a specified matter concerning honours or awards for

eligible service.

(2) If the Minister gives the Tribunal a direction under subsection (1),

the Tribunal:

(a) must hold an inquiry into the specified matter; and

(b) must report to the Minister on the outcomes of the inquiry.

Note: Formal requirements relating to decisions etc. of the Tribunal are dealt

with in section 110XE.

(3) The report to the Minister may include any recommendations that

the Tribunal considers appropriate and that arise out of, or relate to,

the inquiry.

(4) A direction under subsection (1) is not a legislative instrument.

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General provisions relating to operation of the Tribunal Division 5

Section 110X

Defence Act 1903 217

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Division 5—General provisions relating to operation of the

Tribunal

110X Role of the Chair

(1) The Chair is the executive officer of the Tribunal and is

responsible for its overall operation and administration.

(2) The Chair may, in writing, delegate all or any of his or her

functions or powers to another Tribunal member.

(3) In performing functions or exercising powers under a delegation,

the delegate must comply with any directions of the Chair.

Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

110XA Constitution of Tribunal for Tribunal proceedings

How the Tribunal is to be constituted

(1) Subject to this section, for a particular Tribunal proceeding, the

Tribunal is to be constituted by one or more Tribunal members

determined by the Chair.

(2) If the Tribunal proceeding is an inquiry, the Tribunal must be

constituted by 3 or more Tribunal members.

(3) The Chair must also comply with any requirements of the

procedural rules relating to the constitution of the Tribunal for

Tribunal proceedings.

What happens if the Tribunal is constituted by more than one

Tribunal member

(4) If the Tribunal is constituted by more than one Tribunal member,

the following provisions have effect:

(a) the presiding Tribunal member is:

(i) if the Chair is a member of the Tribunal as so

constituted—the Chair; or

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Section 110XB

218 Defence Act 1903

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(ii) otherwise—the Tribunal member who is directed by the

Chair to preside;

(b) a decision of the majority of the Tribunal members who

constitute the Tribunal prevails;

member prevails.

Formal requirements for determinations and directions

(5) A determination or direction by the Chair under this section must

be in writing.

(6) A determination or direction by the Chair under this section is not a

legislative instrument.

110XB What happens if a Tribunal member stops being available

When this section applies

(1) This section applies if:

(a) a Tribunal member (the unavailable member) constitutes, or

is one of the Tribunal members who constitute, the Tribunal

for the purpose of a Tribunal proceeding; and

(b) before the proceeding is completed:

(i) the Tribunal member stops being a Tribunal member for

any reason; or

(ii) the Tribunal member is not available for the purpose of

the proceeding for any reason; or

(iii) the Tribunal member is prohibited by section 110XG

from continuing to take part in the proceeding; or

(iv) the Tribunal member is directed by the Chair not to

continue to take part in the proceeding.

Chair to direct course of action

(2) The Chair must either:

(a) direct that the Tribunal proceeding be started afresh; or

(b) direct that the Tribunal proceeding be completed.

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Section 110XB

Defence Act 1903 219

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If Chair directs that proceeding be started afresh

(3) If the Chair directs that the Tribunal proceeding be started afresh:

(a) the Chair must, in accordance with section 110XA, determine

the Tribunal member or members who are to constitute the

Tribunal for that purpose; and

(b) subject to paragraph (c) of this subsection, the Tribunal, as so

constituted, must start to deal with the proceeding afresh; and

of the proceeding before the Tribunal as previously

constituted (including a record of any evidence given or

submissions made).

If Chair directs that proceeding be completed

(4) If the Chair directs that the Tribunal proceeding be completed:

(a) if the unavailable member constituted the Tribunal—the

Chair must direct another Tribunal member or Tribunal

members to constitute the Tribunal for the purpose of

completing the proceeding; or

(b) if the unavailable member is one of the Tribunal members

who constituted the Tribunal—the Chair must:

(i) direct the remaining Tribunal member or Tribunal

members to constitute the Tribunal for the purpose of

completing the Tribunal proceeding; or

(ii) direct a Tribunal member or Tribunal members to

constitute the Tribunal for the purpose of completing the

Tribunal proceeding.

(5) If subsection (4) applies in relation to a Tribunal proceeding:

(a) if the Tribunal proceeding is an inquiry—the requirement in

subsection 110XA(2) that the Tribunal must be constituted

by 3 or more Tribunal members does not apply; and

(b) a direction under subparagraph (4)(b)(ii) of this section may

be given to any Tribunal member (including the remaining

Tribunal member or one of the remaining Tribunal

members); and

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Section 110XC

220 Defence Act 1903

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under subsection (4) of this section, must complete the

Tribunal proceeding; and

(d) for the purpose of completing the Tribunal proceeding, the

Tribunal, as so constituted, may have regard to any record of

the proceeding before the Tribunal as previously constituted

(including a record of any evidence given or submissions

made).

Formal requirements for directions

(6) A direction by the Chair under this section must be in writing.

(7) A direction by the Chair under this section is not a legislative

instrument.

110XC Summoning persons to give evidence or produce documents

(1) The Tribunal may summon a person to attend before the Tribunal

to give evidence or produce documents for the purpose of a

Tribunal proceeding.

(2) A person commits an offence if:

(a) the person has been given a summons under subsection (1);

and

(b) the person fails to comply with the summons.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(3) Subsection (2) does not apply if the person has a reasonable

excuse.

Note: A defendant bears an evidential burden in relation to the matter in

subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) Without limiting subsection (3), it is a reasonable excuse for a

person to refuse or fail to give evidence or produce a document if

giving the evidence, or producing the document, would tend to

incriminate the person.

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General provisions relating to operation of the Tribunal Division 5

Section 110XD

Defence Act 1903 221

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(5) A person summoned under subsection (1) is entitled to be paid the

same fees or allowances as apply under section 67 of the

Administrative Appeals Tribunal Act 1975 in relation to persons

summoned under that Act. The fees and allowances are payable by

the Commonwealth.

110XD Protection of confidential or sensitive evidence or

submissions etc.

(1) The Tribunal may make an order prohibiting or restricting the

publication of any of the following if the Tribunal is satisfied that it

is desirable to do so, whether for reasons of confidentiality or

sensitivity:

(a) evidence given, documents produced or submissions made to

the Tribunal in relation to a Tribunal proceeding;

(b) the names and addresses of persons giving evidence,

producing documents, or making submissions to the Tribunal

in relation to a Tribunal proceeding;

by the Tribunal, or the Tribunal’s reasons for any such

decision or report.

Note: Formal requirements relating to decisions etc. of the Tribunal are dealt

with in section 110XE.

(2) A person commits an offence if:

(a) the person engages in conduct; and

(b) the person’s conduct contravenes an order made under

subsection (1).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

110XE Formal requirements relating to decisions etc. of the

Tribunal

Decisions etc. to be in writing

(1) Decisions, orders, determinations, reports and recommendations of

the Tribunal must be in writing.

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Section 110XF

222 Defence Act 1903

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Review decisions

(2) The Tribunal’s decision on the review of a reviewable decision

must include a statement of the Tribunal’s reasons for its decision.

(3) Subject to any orders under section 110XD:

(a) the Tribunal must cause a copy of its decision on the review

of a reviewable decision to be given to the person or persons

who applied for the review; and

(b) the Tribunal may also give a copy of its decision on the

review of a reviewable decision to any other person that the

Tribunal considers appropriate.

Inquiry reports

(4) Subject to any orders under section 110XD, the Tribunal must

cause a copy of its report on an inquiry to be published on the

Tribunal’s website or by another means that the Tribunal considers

appropriate.

110XF Protection of Tribunal members and other persons

(1) A Tribunal member has, in performing his or her functions or

exercising his or her powers as a Tribunal member, the same

protection and immunity as a Justice of the High Court.

(2) A person representing another person before the Tribunal has the

same protection and immunity as a barrister has in appearing for a

party in proceedings in the High Court.

(3) A person summoned to attend, or appearing, before the Tribunal to

give evidence or make submissions has the same protection, and is

(in addition to the penalties provided by this Part) subject to the

same liabilities, as a witness in proceedings in the High Court.

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General provisions relating to operation of the Tribunal Division 5

Section 110XG

Defence Act 1903 223

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110XG Disclosure of interests by Tribunal members

When this section applies

(1) This section applies if a Tribunal member who constitutes, or is

one of the Tribunal members who constitute, the Tribunal for the

purpose of a Tribunal proceeding has or acquires any interest (the

potential conflict) that conflicts or could conflict with the proper

performance of the member’s functions in relation to the

proceeding.

Note: Failure to comply with the requirements of this section is a ground for

termination: see section 110YH.

If the Tribunal member is the Chair

(2) If the Tribunal member is the Chair:

(a) the Chair must disclose the potential conflict to the Minister,

and to all persons who appear or have appeared before the

Tribunal in the Tribunal proceeding; and

(b) the Chair must not continue to take part in the proceeding

unless the Minister consents in writing.

If the Tribunal member is not the Chair

(3) If the Tribunal member is not the Chair:

(a) the Tribunal member must disclose the potential conflict to

the Chair, and to all persons who appear or have appeared

before the Tribunal in the Tribunal proceeding; and

(b) the Tribunal member must not continue to take part in the

proceeding unless the Chair consents in writing.

Consent is not a legislative instrument

(4) A consent by the Minister or the Chair under subsection (2) or (3)

is not a legislative instrument.

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Section 110XH

224 Defence Act 1903

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110XH Procedural rules

(1) After consulting the other Tribunal members, the Chair may, by

legislative instrument, make procedural rules (not inconsistent with

this Part) in relation to the practice and procedure to be followed

by or in relation to the Tribunal.

(2) Without limiting subsection (1), the procedural rules may provide

for the following:

(a) the constitution of the Tribunal for Tribunal proceedings;

(b) how the work of the Tribunal is to be allocated between the

Tribunal members;

whether proceedings are to take the form of a hearing, and

whether a hearing is to be in public or private);

(d) the circumstances in which a person may be represented by a

legal practitioner or other person in a Tribunal proceeding;

(e) how applications are to be made to the Tribunal;

(f) requiring lodgment with the Tribunal of material relating to

the making of reviewable decisions that are the subject of

applications to the Tribunal;

(g) how evidence is to be given, or submissions are to be made,

to the Tribunal;

(h) how people are to be summoned to attend before the

Tribunal;

(i) any other matters that the Chair considers necessary or

convenient.

(3) The procedural rules must be complied with in relation to Tribunal

proceedings.

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Section 110Y

Defence Act 1903 225

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Division 6—Tribunal members

110Y Constitution of Tribunal

The Tribunal consists of the following Tribunal members:

(a) the Chair of the Tribunal;

(b) a minimum of 6, and maximum of 10, other Tribunal

members.

110YA Appointment of Tribunal members

(1) The Tribunal members are to be appointed by the Minister, in

writing, on a part-time basis.

(2) The instrument of appointment of a Tribunal member must specify

whether the member is appointed as the Chair of the Tribunal, or as

one of the other Tribunal members.

(3) In making appointments, the Minister must have regard to the

desirability of:

(a) reflecting a diversity of expertise, experience and gender

among the Tribunal members; and

(b) the Tribunal members being independent of those who

usually make reviewable decisions.

(4) A person is not eligible to be appointed as the Chair if:

(a) the person is, or has at any time been, a member of the

Defence Force rendering continuous full-time service; or

(b) in the Minister’s opinion, the person does not have an

appropriate level of security clearance.

(5) A person is not eligible to be appointed as one of the other

Tribunal members if:

(a) the person is, or has at any time within the previous 12

months been, a member of the Defence Force rendering

continuous full-time service; or

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Section 110YB

226 Defence Act 1903

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(b) in the Minister’s opinion, the person does not have an

appropriate level of security clearance.

110YB Period of appointment

(1) A Tribunal member holds office for the period specified in the

instrument of appointment. The period must not exceed 3 years.

(2) Subject to subsections (3) and (4), a Tribunal member is eligible

for reappointment as a Tribunal member.

(3) A person must not hold office as Chair for more than 6 consecutive

years.

(4) A person must not hold office as one of the other Tribunal

members for more than 6 consecutive years.

110YC Acting appointments

Appointment of acting Chair

(1) The Minister may, in writing, appoint a Tribunal member to act as

the Chair:

(a) during a vacancy in the office of Chair (whether or not an

appointment has previously been made to the office); or

(b) during any period, or during all periods, when the Chair:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

Appointment of other acting Tribunal members

(2) The Chair may, in writing, appoint a person to act as a Tribunal

member (other than the Chair):

(a) during a vacancy in an office of Tribunal member (other than

the Chair), whether or not an appointment has previously

been made to the office; or

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Section 110YD

Defence Act 1903 227

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(b) during any period, or during all periods, when a Tribunal

member (other than the Chair):

(i) is acting as the Chair; or

(ii) is absent from duty or from Australia; or

(iii) is, for any reason, unable to perform the duties of the

office.

Note: For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

(3) In appointing a person to act as a Tribunal member, the Chair must

have regard to the desirability of:

(a) reflecting a diversity of expertise, experience and gender

among the Tribunal members; and

(b) the Tribunal members being independent of those who

usually make reviewable decisions.

Determining whether there is a vacancy in an office of Tribunal

member

(5) For the purpose of:

(a) a reference in this section to a vacancy in an office of

Tribunal member; or

(b) a reference in the Acts Interpretation Act 1901 to a vacancy

in the membership of a body;

there are taken to be 10 offices of Tribunal members in addition to

the Chair.

110YD Other employment

A Tribunal member must not engage in any paid employment that,

in the Minister’s opinion, conflicts or may conflict with the proper

performance of the member’s functions.

110YE Remuneration

(1) A Tribunal member is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

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Section 110YF

228 Defence Act 1903

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that remuneration by the Tribunal is in operation, the Tribunal

member is to be paid the remuneration that is prescribed by the

regulations.

(2) A Tribunal member is to be paid the allowances that are prescribed

by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

110YF Leave

(1) The Minister may grant leave of absence to the Chair on the terms

and conditions that the Minister determines.

(2) The Chair may grant leave of absence to any other Tribunal

member on the terms and conditions that the Chair determines.

110YG Resignation

(1) A Tribunal member may resign his or her appointment by giving

the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

110YH Termination

(1) The Minister may terminate the appointment of a Tribunal member

for misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of a Tribunal member

if:

(a) the Tribunal member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

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Section 110YI

Defence Act 1903 229

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(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the Tribunal member fails, without reasonable excuse, to

comply with section 110XG (disclosure of interests by

Tribunal members); or

Minister’s opinion, conflicts or may conflict with the proper

performance of the member’s functions.

(3) If the Chair ceases to be eligible for appointment (see

subsection 110YA(4)), the Minister must terminate the

appointment of the Chair.

(4) If a Tribunal member (other than the Chair) ceases to be eligible

for appointment (see subsection 110YA(5)), the Minister must

terminate the appointment of the Tribunal member.

110YI Other terms and conditions

A Tribunal member holds office on the terms and conditions (if

any) in relation to matters not covered by this Part that are

determined by the Minister.

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Division 7 Miscellaneous

Section 110Z

230 Defence Act 1903

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Division 7—Miscellaneous

110Z Regulations

Without limiting the generality of section 124, the regulations may

make provision for or in relation to any of the following:

(a) any fees that are to be payable in relation to applications to

the Tribunal;

(b) prohibiting the disclosure of information obtained by the

Tribunal, a member of the Tribunal or a person assisting the

Tribunal;

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Director of Defence Counsel Services Part VIIID

Section 110ZA

Defence Act 1903 231

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Part VIIID—Director of Defence Counsel Services

110ZA Director of Defence Counsel Services

(1) There is to be a Director of Defence Counsel Services.

(2) The Director of Defence Counsel Services is to be appointed by the

Chief of the Defence Force by written instrument.

(3) The Chief of the Defence Force must not appoint a person to be the

Director of Defence Counsel Services unless the person:

(a) is enrolled as a legal practitioner and has been so enrolled for

not less than 5 years; and

(b) is a member of the Permanent Forces or is a member of the

Reserves who is rendering continuous full-time service; and

rank of colonel or group captain.

110ZB Functions and powers of the Director of Defence Counsel

Services

(1) The Director of Defence Counsel Services has the following

functions:

(a) to manage the provision of legal representation and advice by

legal officers to accused persons, for the purposes of a trial

by a court martial or a Defence Force magistrate, to the

extent that the exigencies of service permit;

(b) to arrange for the attendance of witnesses, to the extent that

the exigencies of service permit, on behalf of an accused

person referred to in paragraph (a);

subsection 101F(2) of the Defence Force Discipline Act

1982, lists of legal officers willing to assist persons in

custody;

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Section 110ZC

232 Defence Act 1903

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(d) to manage the provision of legal representation and advice by

legal officers to persons entitled to such representation or

advice, for the purposes of a court of inquiry, a board of

inquiry or a Chief of the Defence Force commission of

inquiry conducted under regulations made under

paragraph 124(1)(gc);

(e) such other functions as the Chief of the Defence Force directs

in writing;

(f) such other functions as are conferred on the Director of

Defence Counsel Services by or under this Act or any other

law of the Commonwealth;

(g) to do anything incidental or conducive to the performance of

any of the preceding functions.

(2) The Director of Defence Counsel Services has power to do all

things necessary or convenient to be done for or in connection with

the performance of his or her functions.

(3) A direction given under paragraph (1)(e) is not a legislative

instrument.

110ZC Delegation

The Director of Defence Counsel Services may delegate all or any

of his or her powers and functions to:

(a) a defence member holding a rank not lower than lieutenant

commander, major or squadron leader; or

(b) a person whose classification level appears in Group 7 or a

higher Group of Schedule 1 to the Classification Rules under

the Public Service Act 1999; or

person with a classification level of the kind mentioned in

paragraph (b).

110ZD Protection from action

An action, suit or proceeding does not lie against:

(a) the Director of Defence Counsel Services; or

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Section 110ZD

Defence Act 1903 233

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(b) a person assisting the Director;

in relation to an act done, or omitted to be done, in good faith in

the performance or purported performance of a function, or the

exercise or purported exercise of a power, conferred on the

Director by or under this Act or any other law of the

Commonwealth.

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Part IX Legal procedure

Section 111

234 Defence Act 1903

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Part IX—Legal procedure

111 Subscription, arms etc. vested in commanding officer

(1) For the purposes of legal proceedings, all moneys subscribed by or

for or otherwise appropriated to the use of any corps or part

thereof, or ship’s company or part thereof, or air-force unit or

station or part thereof, and all arms, ammunition, accoutrements,

clothing, musical instruments, or other things, belonging to or used

by any corps or part thereof, or ship’s company or part thereof, or

air-force unit or station or part thereof, and not being the private

property of a member of the corps or ship’s company or air-force

unit or station, as the case may be, shall be deemed to be the

property of the commanding officer of the corps or ship’s company

or air-force unit or station, as the case may be.

(2) For the purposes of this section, corps includes unit.

111A Property of Rifle Club vested in Captain

For the purposes of legal proceedings, all arms, ammunition, or

other military articles, belonging to or used by any Rifle Club,

shall be deemed to be the property of the Captain of the Rifle Club.

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Provisions relating to the forces of other countries Part IXA

Interpretation Division 1

Section 116A

Defence Act 1903 235

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Part IXA—Provisions relating to the forces of other

countries

Division 1—Interpretation

116A Interpretation

(1) In this Part, unless the contrary intention appears:

forces, in relation to a country, means the naval, military or air

forces of that country.

service authorities, in relation to a country, means the naval,

military or air force authorities of that country.

(2) A reference in this Part to a country in relation to which a

provision of this Part applies shall be read as a reference to a

country declared by the regulations to be a country in relation to

which that provision applies.

(3) For the purposes of this Part, a member of a force of a country that

(by whatever name called) is in the nature of a reserve or auxiliary

force shall be deemed to be a member of the forces of that country

so long as, but only so long as, he or she is called into actual

service (by whatever expression described) with those forces or is

called out for training with those forces.

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Part IXA Provisions relating to the forces of other countries

Division 2 Attachment of personnel and mutual powers of command

Section 116B

236 Defence Act 1903

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Division 2—Attachment of personnel and mutual powers

of command

116B Attachment to the Defence Force of members of the forces of

another country and vice versa

(1) The Chief of the Defence Force may, by order in writing:

(a) attach temporarily to any part of the Defence Force a

specified member, or a member included in a specified class

of members, of the forces of a country in relation to which

this section applies who is placed at his or her disposal by the

service authorities of that country for the purpose of being so

attached; and

(b) subject to anything to the contrary in the conditions

applicable to his or her service, place a specified member, or

a member included in a specified class of members, of any

part of the Defence Force at the disposal of the service

authorities of a country in relation to which this section

applies in order that he or she may be attached temporarily

by those authorities to the forces of that country.

(2) Where a member of the forces of a country in relation to which this

section applies is attached temporarily to a part of the Defence

Force, he or she shall, for the period for which he or she is so

attached, be regarded as a member of that part of the Defence

Force, as holding the rank in that part of the Defence Force that

corresponds with the rank that he or she holds in those forces and

as having, for the purposes of command and discipline, the same

status and powers, including the power to arrest and to impose

punishments, as:

(a) a member of that rank in that part of the Defence Force; and

(b) if he or she is given an appointment in that part of the

Defence Force—a member of that part of the Defence Force

holding the like appointment.

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Section 116C

Defence Act 1903 237

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(3) The application of the law governing the Defence Force to a person

to whom subsection (2) applies is subject to such exceptions,

modifications and adaptations as are specified by the Minister by

order in writing.

(4) A member of the Defence Force referred to in paragraph (1)(b)

does not cease to be subject to the law governing that part of the

Defence Force to which he or she belongs by reason only of his or

her being temporarily attached as provided by that paragraph.

(5) This section applies to and in relation to a part of the Defence

Force serving either within or beyond the territorial limits of

Australia.

116C Forces serving together

(1) Whenever a part of the Defence Force and a part of the forces of a

country in relation to which this subsection applies are serving

together, either within or beyond the territorial limits of Australia,

and either alone or together with any other force, a member of the

force of that country has the same powers of command over

members of that part of the Defence Force as a member of the

Defence Force holding the rank in that Force that corresponds with

the rank that he or she holds in the force of the country to which he

or she belongs.

(2) Whenever a part of the Defence Force and a part of the forces of

another country to which this subsection applies are acting in

combination, either within or beyond the territorial limits of

Australia, an officer of the forces of that other country may be

appointed by the Governor-General, by order in writing, to

command the combined force, or any part of the combined force,

and an officer so appointed:

(a) has, subject to such restrictions and limitations as are

specified by the Chief of the Defence Force by order in

writing, over members of the Defence Force serving in that

combined force or part of that force, the same powers of

command and discipline, including the power to impose

punishments; and

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Section 116C

238 Defence Act 1903

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(b) may be invested by the Governor-General, by order in

writing, with the same power to convene, and confirm the

findings and sentences of, courts-martial;

as if he or she were an officer of the Defence Force holding that

appointment and the rank in that Force corresponding with the rank

that he or she holds in the force to which he or she belongs.

(3) Where a part of the Defence Force and a part of the forces of a

country in relation to which subsection (1) applies are serving

together beyond the territorial limits of Australia, the officer in

command of that part of the Defence Force, or an officer

authorized in writing by the Chief of the Defence Force for the

purposes of this subsection, may request the appropriate service

authority of that country to direct, by general or special orders,

members of the forces of that country to arrest any member of that

part of the Defence Force who is alleged to have committed, or is

reasonably suspected of having committed, an offence punishable

under Australian service law and to deliver him or her into the

custody of such service authority of the Defence Force as is

designated by or under the orders.

(4) A member of the Defence Force arrested and held in custody in

pursuance of subsection (3) shall be deemed to have been arrested

and held in custody in accordance with Australian service law.

(5) The Governor-General may declare that specified parts of the

Defence Force and specified parts of the forces of specified

countries are to be taken for the purposes of this section to be

serving together or acting in combination.

(5A) The Governor-General may declare that, whenever specified parts

of the Defence Force and specified parts of the forces of specified

countries are in fact serving together or acting in combination, the

forces are to be taken for the purposes of this section to be serving

together or acting in combination.

(5B) A declaration under subsection (5) or (5A) has effect accordingly.

Except as provided in such a declaration, forces are not taken for

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Attachment of personnel and mutual powers of command Division 2

Section 116D

Defence Act 1903 239

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the purposes of this section to be serving together or acting in

combination.

(5C) A declaration under subsection (5) or (5A) must be in writing.

(6) In this section, Australian service law means the law (including

any instrument having the force of law) governing the Defence

Force or a part of the Defence Force.

116D Corresponding ranks

(1) For the purposes of this division, the Chief of the Defence Force

may, by order in writing, determine the ranks in the several parts of

the Defence Force that are to be regarded as corresponding with

specified ranks in the forces of any other specified country.

(2) Where, in the course of preparing an order under subsection (1) in

relation to a country, the Chief of the Defence Force determines

that there is no rank in a part of the Defence Force that can

reasonably be regarded as corresponding with a particular rank in

the forces of that country, he or she may specify in the order, for

the purposes of this Division or any specified provision of this

Division and either generally or for any other specified purposes:

(a) a rank in that part of the Defence Force that is to be regarded

as corresponding with that particular rank; or

(b) the relationship that is to be regarded as existing between a

member of those forces holding that particular rank and the

members of that part of the Defence Force.

(3) References in this section to ranks shall be read as including

references to ratings in naval forces and, generally, as not restricted

to the ranks of officers.

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Part IXA Provisions relating to the forces of other countries

Division 3 Absentees without leave

Section 116E

240 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 3—Absentees without leave

116E Interpretation

(1) In this Division, authorized officer means an officer authorized by

the Chief of the Defence Force, by order in writing, for the

purposes of this Division.

(2) A reference in this Division to the designated authority of a

country is a reference to an authority designated for the purposes of

this Division by the appropriate authority or officer of that country.

(3) A reference in this Division to the country to which a person

belongs is a reference to the country from whose forces he or she is

suspected of being, or, where he or she has surrendered himself or

herself, appears from his or her confession to be, an absentee

without leave.

(4) For the purposes of the application of this Division in relation to

the forces of a country, it is immaterial whether or not any body,

contingent or detachment of those forces is present in Australia.

116F Apprehension of absentees without leave

Where the designated authority of a country in relation to which

this section applies, by writing signed by him or her, requests an

authorized officer for assistance in the apprehension of a member

of the forces of that country, not being an Australian citizen, who is

an absentee without leave from those forces, the authorized officer

may, in his or her discretion, issue a warrant in accordance with the

prescribed form authorizing a member or special member of the

Australian Federal Police or a member of the police force of a State

or Territory or any member of the Defence Force to arrest that

absentee.

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Absentees without leave Division 3

Section 116G

Defence Act 1903 241

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

116G Detention of illegal absentee

(1) A person who is arrested under section 116F or who surrenders

himself or herself as being illegally absent from the forces of a

country in relation to which this section applies may be detained:

(a) by a member or special member of the Australian Federal

Police or a member of a police force of a State or Territory at

a police station or at a place provided for the confinement of

persons in lawful custody; or

(b) by a member of the Defence Force at a place provided for the

confinement of members of the Defence Force who are

accused or convicted of offences;

for such time as is reasonably necessary to enable the person to be

dealt with in accordance with section 116H.

(2) As soon as practicable after a person is taken into custody under

subsection (1), the person holding him or her in custody shall:

(a) cause an authorized officer to be notified that the person has

been taken into custody; and

(b) take all reasonable steps to ensure that the person in custody

understands his or her right to make a request under

subsection (3).

(3) A person in custody under this section may, on grounds specified

by him or her, request that he or she be released from that custody.

(4) Where a person makes a request under subsection (3), the person

holding him or her in custody shall cause the request to be referred

to an authorized officer.

116H Disposal of person in custody

(1) Where an authorized officer is notified under paragraph 116G(2)(a)

that a person has been taken into custody under

subsection 116G(1), he or she shall, after such investigation of the

matter as he or she thinks necessary:

(a) if he or she is satisfied that there is a good and sufficient

reason why the person held in custody should be released—

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Part IXA Provisions relating to the forces of other countries

Division 3 Absentees without leave

Section 116J

242 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

direct that the person be released from custody under this

Division; or

(b) if he or she is not so satisfied—refer the matter to the

Minister.

(2) For the purposes of the carrying out of an investigation referred to

in subsection (1), the authorized officer shall have due regard to

any request made by a person under subsection 116G(3).

(3) Where the matter is referred to the Minister under subsection (1),

the Minister shall:

(a) direct that the person held in custody be released from

custody under this Division; or

(b) issue a warrant for the delivery of the person held in custody

under this Division into the custody of a specified service

authority of the country to which the person belongs at a

place in Australia:

(i) specified in the warrant; or

(ii) determined by the authorized officer.

(4) A service authority into whose custody a person is delivered in

pursuance of a warrant issued under paragraph (3)(b) may remove

the person from Australia, but nothing in this subsection shall be

taken to limit any other powers that the authority may have with

respect to the person.

(5) Where under this section the Minister or an authorized officer

directs that a person be released from custody under this Division,

that person shall be so released.

116J Evidence for the purposes of this Division

For the purposes of any proceedings in a court or otherwise arising

in connection with any action taken in pursuance of the provisions

of this Division, where the designated authority of a country in

relation to which section 116F applies certifies in writing that a

person named and described in that certificate was, on a specified

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Absentees without leave Division 3

Section 116K

Defence Act 1903 243

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

date, an absentee without leave from the forces of that country, that

certificate is prima facie evidence of the facts so certified.

116K Proof of facts by certificate

(1) Where in a certificate given for the purposes of this Division

reference is made to a person by name and that certificate includes

a description of the person named by reference to his or her

physical characteristics and a court is satisfied that a person before

it is a person having that name and answering to the description in

the certificate, the certificate shall be deemed to refer to that

person, unless the contrary is proved.

(2) A document purporting to be a certificate, request or notification

given or made for the purposes of a provision of this Division, and

to be signed by an authority or person specified in the document,

shall, upon mere production in any proceedings in a court, be

received in evidence and, unless the contrary is proved, be deemed

to be a certificate, request or notification given or made by that

authority or person.

(3) Where under a provision of this Division a certificate or request is

given or made by the designated authority of a country, and a

certificate or request purports to be signed by a person described in

that document as the designated authority of that country, that

person shall, in any proceedings in a court, be deemed to be the

designated authority of that country for the purposes of that

provision, unless the contrary is proved.

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Part IXA Provisions relating to the forces of other countries

Division 4 Miscellaneous

Section 116M

244 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Division 4—Miscellaneous

116M Delegation

(1) Subject to subsection (2), the Chief of the Defence Force may, in

relation to a matter or a class of matters, or to a State, Territory, or

other part of Australia, another country or part of another country,

by writing signed by him or her, delegate to an officer who holds a

rank not below the rank of Captain in the Australian Navy, Colonel

in the Australian Army or Group Captain in the Australian Air

Force, all or any of his or her powers under this Part.

(2) The Chief of the Defence Force shall not delegate:

(a) his or her power to authorize an officer for the purposes of

subsection 116C (3); or

(b) his or her power to authorize an officer for the purposes of

Division 3;

except to an officer who holds a rank not below the rank of

Rear-Admiral in the Australian Navy, Major-General in the

Australian Army or Air Vice-Marshal in the Australian Air Force.

(5) A delegation under this section continues in force notwithstanding

a change in the occupancy of, or a vacancy in, the office of the

Chief of the Defence Force.

(6) A document purporting to be a copy of a delegation by the Chief of

the Defence Force, or an order or written authority made or given

by the Chief of the Defence Force or by a delegate of the Chief of

the Defence Force, and purporting to bear the signature or a

facsimile of the signature of the Chief of the Defence Force or of

the delegate, as the case may be, with an endorsement in writing

that the delegation, order or written authority is, or was on a

specified date, in force, is, upon mere production in a court or

otherwise for any purpose arising under this Part, prima facie

evidence that the delegation, order or written authority was duly

given or made in the terms set out in the document and is, or was

on the date specified, in force.

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Public areas of defence land Part IXB

Section 116P

Defence Act 1903 245

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part IXB—Public areas of defence land

116P Interpretation

(1) In this Part, unless the contrary intention appears:

by-laws means by-laws under this Part.

public area means a public area declared under section 116Q.

ranger means:

(a) a person appointed under section 116S; and

(b) a person referred to in section 116T.

(2) A reference in this Part to a member of the Australian Federal

Police or to a member of a police force includes a reference to a

special member of the Australian Federal Police.

116Q Public areas of defence land

(1) The Minister may, by notice published in the Gazette, declare an

area specified in the notice to be a public area and assign a name to

that area.

(2) In subsection (1), area means an area of land that is owned or held

under lease by the Commonwealth and used, or intended for use,

for the purposes of defence.

116R Delegation

(1) The Minister may by writing signed by him or her, delegate to an

officer of the Defence Force or an officer of the Department all or

any of his or her powers under this Part or the by-laws, other than

his or her powers under section 116ZD to make by-laws.

(4) Subsections 120A(8) and (9) apply in relation to a delegation under

this section as if it were a delegation under section 120A.

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Section 116S

246 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

116S Appointment of rangers

The Minister may, by instrument in writing, appoint a person as a

ranger.

116T Rangers ex officio

By force of this section, any member of the Australian Federal

Police or member of the police force of a Territory is a ranger.

116U Identity cards

(1) The Minister may cause to be issued to a ranger, other than a

member of a police force, an identity card in a form approved by

the Minister.

(2) A person who ceases to be a ranger shall forthwith return his or her

identity card to the Minister.

(3) A person who contravenes subsection (2) commits an offence

punishable on conviction by a fine not exceeding 1 penalty unit.

116V Powers of arrest

(1) A ranger may, without warrant, arrest any person, if the ranger

believes on reasonable grounds:

(a) that the person is committing or has committed an offence

against this Part or the by-laws; and

(b) that proceedings against the person by summons would not

be effective.

(2) Where a ranger (other than a member of a police force who is in

uniform) arrests a person under subsection (1), he or she shall:

(a) in the case of a member of a police force—produce, for

inspection by that person, written evidence of the fact that he

or she is a member of a police force; or

(b) in any other case—produce his or her identity card for

inspection by that person.

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Section 116W

Defence Act 1903 247

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(3) Where a person is arrested under subsection (1), a ranger shall

forthwith bring the person, or cause him or her to be brought,

before a Justice of the Peace or other proper authority to be dealt

with in accordance with law.

(4) Nothing in this section prevents the arrest of a person in

accordance with any other law.

116W General powers of rangers

(1) A ranger may search any vehicle, aircraft or vessel if he or she

believes on reasonable grounds that there is in or on that vehicle,

aircraft or vessel anything that will afford evidence as to the

commission of an offence against this Part or the by-laws, and for

that purpose stop or detain that vehicle, aircraft or vessel.

(2) A ranger may:

(a) require any person whom he or she finds committing or

whom he or she suspects on reasonable grounds of having

committed an offence against this Part or the by-laws to state

his or her full name and usual place of residence; and

(b) require any person in a public area whom he or she finds

committing, or whom he or she suspects on reasonable

grounds of having committed, an offence against this Part or

the by-laws to leave the public area.

(3) Where a ranger (other than a member of a police force who is in

uniform) stops, or proposes to search or detain, a vehicle, aircraft

or vessel, he or she shall:

(a) in the case of a member of a police force—produce, for

inspection by the person in charge of that vehicle, aircraft or

vessel, written evidence of the fact that he or she is a member

of a police force; or

(b) in any other case—produce his or her identity card for

inspection by that person;

and, if he or she fails to do so, he or she is not authorized to search

or detain that aircraft, vehicle or vessel.

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Section 116X

248 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(4) Where a ranger (other than a member of a police force who is in

uniform) makes a requirement of a person under this section, he or

she shall:

(a) in the case of a member of a police force—produce, for

inspection by that person, written evidence of the fact that he

or she is a member of a police force; or

(b) in any other case—produce his or her identity card for

inspection by that person;

and, if he or she fails to do so, that person is not obliged to comply

with the requirement.

(5) A person commits an offence if:

(a) a ranger makes a requirement of the person under this

section; and

(b) the person fails to comply with the requirement.

Penalty: 10 penalty units.

(6) An offence under subsection (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(7) Subsection (5) does not apply if the person has a reasonable

excuse.

Note: The defendant bears an evidential burden in relation to the matter in

subsection (7). See subsection 13.3(3) of the Criminal Code.

116X Seizure and forfeiture

(1) Where a court convicts a person of an offence against this Part or

the by-laws, the court may order the forfeiture to the

Commonwealth of any vehicle, aircraft, vessel or article used or

otherwise involved in the commission of the offence.

(2) A ranger may seize any vehicle, aircraft, vessel or article that he or

she believes on reasonable grounds to have been used or otherwise

involved in the commission of an offence against this Part or the

by-laws and may retain it until the expiration of a period of 60 days

after the seizure, or, if proceedings for an offence against this Part

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Public areas of defence land Part IXB

Section 116Y

Defence Act 1903 249

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

or the by-laws in the commission of which it may have been used

or otherwise involved are instituted within that period, until the

proceedings are terminated.

(3) The Minister may authorize a vehicle, aircraft, vessel or article

seized under subsection (2) or anything on, in or attached to such a

vehicle, aircraft or vessel to be released to its owner, or to the

person from whose possession it was seized, either unconditionally

or on such conditions as he or she thinks fit, including conditions

as to the giving of security for payment of its value if it is forfeited.

(4) A vehicle, aircraft, vessel or article forfeited under this section may

be sold or otherwise disposed of as the Minister thinks fit.

116Y Assaulting etc. rangers

(1) A person commits an offence if:

(a) the person assaults or threatens another person; and

(b) that other person is a ranger performing his or her duties

under this Part or the by-laws.

Penalty: Imprisonment for 2 years or 50 penalty units, or both.

(2) In paragraph (1)(b), strict liability applies to the physical element

of circumstance, that the performance of the duties is under this

Part or the by-laws.

Note: For strict liability, see section 6.1 of the Criminal Code.

116ZA Officers and employees of governments and authorities

The Minister may make arrangements with a Minister of a State or

Territory for the performance of functions and the exercise of

powers under this Part or the by-laws by officers or employees of

that State or Territory or of an authority of that State or Territory,

as the case may be.

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Section 116ZB

250 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

116ZB Prosecution of offences

(1) Notwithstanding that an offence against this Part is expressed to be

an indictable offence, a court of summary jurisdiction may hear

and determine proceedings in respect of such an offence if the

court is satisfied that it is proper to do so and the defendant and the

prosecutor consent.

(2) Where, in accordance with subsection (1), a court of summary

jurisdiction convicts a person of an offence, the penalty that the

court may impose is imprisonment for a period not exceeding 6

months or a fine not exceeding 10 penalty units, or both.

116ZC Concurrent operation of State and Territory laws

(1) This Part and the by-laws, in so far as they apply in relation to

public areas, are not intended to exclude or limit the concurrent

operation of a law of a State or Territory.

(2) In interpreting whether, in relation to land owned or held under

lease by the Commonwealth, any provision of this Act (other than

this Part) is intended to exclude or limit the concurrent operation of

a law of a State or Territory, subsection (1) shall be disregarded.

116ZD By-laws

(1) The Minister may, by legislative instrument, make by-laws, not

inconsistent with this Act, for and in relation to the control and

management of public areas.

(2) Without limiting the generality of subsection (1), by-laws may be

made:

(a) providing for functions and powers to be conferred, and

duties to be imposed, upon rangers;

(b) regulating or prohibiting the pollution of soil, air or water in

a manner that is, or is likely to be, harmful to people or

wildlife in, or to the natural features of, public areas;

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Section 116ZD

Defence Act 1903 251

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(d) providing for the protection and preservation of public areas

and property and things in public areas;

(e) regulating or prohibiting access to public areas by persons or

classes of persons;

(f) providing for the removal of trespassers from public areas;

(g) regulating or prohibiting camping in public areas;

(h) providing for the safety of persons in public areas;

(j) regulating or prohibiting the use of fire in public areas;

(k) regulating the conduct of persons in public areas;

(m) regulating or prohibiting the carrying on of any trade or

commerce in a public area;

(n) regulating or prohibiting the use of vehicles in public areas

and providing for signs and road markings for those

purposes;

(p) providing for the removal of vehicles, aircraft or vessels from

places in public areas where they have been left in

contravention of the by-laws or have been abandoned and for

the impounding of such vehicles, aircraft or vessels;

(q) making provision to the effect that, where a contravention of

a provision of the by-laws relating to the parking or stopping

of vehicles in a public area occurs in respect of a motor

vehicle, the person who is to be regarded as the owner of the

motor vehicle for the purposes of the by-laws (who may, in

accordance with the by-laws, be or include a person in whose

name the motor vehicle is registered under the law of a State

or Territory) is to be, except as provided otherwise, deemed

to have committed an offence against the provision so

contravened, whether or not he or she in fact contravened that

provision;

(r) enabling a person who is alleged to have contravened a

provision of the by-laws relating to:

(i) littering;

(ii) the use of vehicles or vessels;

(iii) the parking or stopping of vehicles;

(iv) the mooring or landing of vessels; or

(v) the landing and use of aircraft;

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Part IXB Public areas of defence land

Section 116ZD

252 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

to pay to the Commonwealth, as an alternative to

prosecution, a specified penalty, not exceeding the maximum

penalty by which a contravention of that provision is

otherwise punishable;

(s) regulating or prohibiting the use of vessels, and the landing

and use of aircraft, in public areas;

(t) regulating or prohibiting the taking of animals or plants into,

or out of, public areas;

(u) providing for the impounding, removal, destruction or

disposal of animals found straying in public areas;

(v) regulating or prohibiting the taking into public areas, and the

use in public areas, of weapons, traps, nets, snares, fishing

apparatus and other devices;

(w) regulating or prohibiting the laying of baits and the use of

explosives and poisons in public areas;

(x) providing for the collection of specimens and the pursuit of

research in public areas for scientific purposes;

(y) providing for the issue of licences, permits and authorities,

the conditions subject to which they are issued and the

charging of fees by the Minister in respect of such licences,

permits and authorities;

(z) the imposition of charges for:

(i) the parking or stopping of vehicles;

(ii) the landing of aircraft; and

(iii) the use of vehicles and vessels;

in public areas;

(za) providing for penalties, not exceeding a fine of 5 penalty

units, for offences against the by-laws; and

(zb) providing for any matter incidental to or connected with any

of the foregoing.

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Salvage claims Part IXC

Section 117

Defence Act 1903 253

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part IXC—Salvage claims

117 Interpretation

(1) In this Part, unless the contrary intention appears:

member of the crew, in relation to a Naval ship, means any

member of the Defence Force, whether an officer or a sailor, who

belonged to, and was on board, the ship at the time the salvage

services were rendered and includes any other member of the

Defence Force who was on board the ship at that time and who

took part in the rendering of such services.

Naval ship means a ship belonging to the Defence Force.

officer means an officer of the Defence Force.

salvage includes all expenses properly incurred by a Naval ship in

the performance of salvage services.

salvage services means any act or activity undertaken to assist a

vessel or property in danger in whatever waters the act or activity

takes place.

vessel means any ship, craft or structure capable of navigating the

high seas.

(2) Where, before a claim for salvage in respect of salvage services

rendered by a Naval ship is commenced or settled, a person who

was the commanding officer of that ship at the time when the ship

rendered salvage services:

(a) dies; or

(b) is absent from duty or from Australia or is, for any other

reason, unable to act or continue to act on behalf of the

members of the crew in accordance with subsection 117A(3);

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Section 117A

254 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

the Chief of the Defence Force shall, by instrument in writing,

appoint a member of the crew of that ship to act on that person’s

behalf.

(3) Where, before a claim for salvage in respect of salvage services

rendered by a Naval ship is commenced or settled, a person who

was the commanding officer of that ship at the time when the ship

rendered salvage services:

(a) ceases (otherwise than by reason of death) to be the

commanding officer of that ship; or

(b) ceases (otherwise than by reason of death) to be a member of

the Defence Force;

that person shall, for the purposes of this Part, be taken to be the

commanding officer of that ship until the claim for salvage is

settled.

117A Salvage claims by crew of Naval ships

(1) Without, by implication, affecting the right of the Commonwealth

to claim salvage in respect of salvage services rendered by a Naval

ship, the members of the crew of that ship may, subject to

subsection (2), also claim salvage in respect of those services.

(2) A claim for salvage on behalf of the members of the crew of a

Naval ship:

(a) shall not be made without the prior written approval of the

Chief of the Defence Force; and

(b) shall be commenced and prosecuted only by the Australian

Government Solicitor.

(3) Where the Chief of the Defence Force approves the making of a

claim for salvage in respect of salvage services rendered by a

Naval ship on behalf of the members of the crew of that ship, the

commanding officer of that ship is authorised, on behalf of each

member of the crew of that ship:

(a) to instruct the Australian Government Solicitor to act for the

members of the crew in relation to the claim; and

(b) to accept an offer in settlement of the claim.

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Salvage claims Part IXC

Section 117AA

Defence Act 1903 255

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(4) An acceptance of an offer by the commanding officer is binding on

each member of the crew.

117AA Apportionment of salvage between the Commonwealth and

crew members

(1) Where salvage is payable in respect of salvage services rendered

by a Naval ship and a part of that salvage has been claimed on

behalf of the members of the crew of that ship, the salvage so

payable:

(a) shall be applied in meeting the expenses incurred by the

Commonwealth in providing such salvage services; and

(b) to the extent that it is not so applied shall be apportioned

between the Commonwealth and the members of the crew of

the ship:

(i) if the apportionment between the Commonwealth and

the members of the crew forms part of the terms of

settlement between the owners of the vessel or property

saved, the Commonwealth and the members of the

crew—in accordance with those terms;

(ii) if a court or other tribunal has determined the

apportionment between the Commonwealth and the

members of the crew—in accordance with that

determination; or

(iii) in any other case—on the basis that the Commonwealth

shall be entitled to receive 80% of the salvage not so

applied and the members of the crew shall be entitled to

receive 20% of the amount of salvage not so applied.

(2) Where an amount of salvage would, but for this subsection, be

apportioned between the Commonwealth and the members of the

crew of a Naval ship in accordance with subparagraph (1)(b)(iii),

but the Minister is of the opinion that the members of the crew

have rendered exceptional services in the course of rendering the

salvage services concerned, the Minister may, by instrument in

writing, determine that the amount payable under that

subparagraph to members of the crew shall be increased to an

amount not exceeding 25% of the amount of salvage not applied in

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Part IXC Salvage claims

Section 117AB

256 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

accordance with paragraph (1)(a) and the amount payable to the

Commonwealth shall be decreased accordingly.

117AB Apportionment of salvage amongst crew members

Where salvage payable in respect of salvage services rendered by a

Naval ship is, in accordance with section 117AA, to be apportioned

between the Commonwealth and the members of the crew of that

ship, the amount of salvage apportioned to the members of the

crew:

(a) shall be applied in meeting the costs of the Commonwealth in

conducting the salvage claim on behalf of the members of the

crew; and

(b) to the extent that it is not so applied, shall be apportioned

amongst the members of the crew in accordance with the

regulations.

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Miscellaneous Part X

Section 117B

Defence Act 1903 257

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Part X—Miscellaneous

117B Members and former members may bring actions for money

due in respect of service

A person who is or has been a member of the Defence Force may

recover from the Commonwealth, by action in a court of competent

jurisdiction, money due to the person by the Commonwealth in

respect of the person’s service as a member of the Defence Force.

118 Penalty against raising forces without authority

A person commits an offence if:

(a) the person induces another person to enlist or engage to serve

in any naval, military or air force; and

(b) the raising of that force has not been authorised by or under

this Act or another Act.

Penalty: Imprisonment for 6 months.

118A Employer not to prevent employee from serving

(1) An employer shall not prevent any employee and a parent or

guardian shall not prevent any son or ward from rendering the

personal service required of him or her under Part IV.

Penalty: 2 penalty units.

(2) An employer shall not in any way penalize or prejudice in his or

her employment any employee for rendering or being liable to

render the personal service required of him the employee under

Part IV, either by reducing his or her wages or dismissing him or

her from his or her employment or in any other way.

Penalty: 2 penalty units.

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(3) The rendering of the personal service or the enlistment referred to

in this section shall not terminate a contract of employment, but the

contract shall be suspended during the absence of the employee for

the purposes referred to in this section; but nothing in this section

shall render the employer liable to pay an employee for any time

when he or she is absent from employment for the purposes

referred to in this section.

(4) In any proceedings for an offence against this section it shall lie

upon the employer to show that any employee proved to have been

dismissed or to have been prejudiced or penalized in his or her

employment or to have suffered a reduction of wages, was so

dismissed penalized or prejudiced in his or her employment or

reduced for some reason other than that of having rendered the

personal service required of him or her under Part IV, either within

or without the limits of Australia.

(5) The Court may direct that the whole or any part of the penalty

recovered from an employer for an offence against this section

shall be paid to the employee.

118B Enlistment of apprentices in time of war

In time of war, a person who is employed under articles of

apprenticeship may volunteer to serve as a sailor, soldier or airman,

and may enlist in the Australian Navy, the Australian Army or the

Australian Air Force, notwithstanding anything contained in, or

any obligation arising out of, those articles of apprenticeship.

119 Forfeiture or suspension of salary in certain circumstances

(1) The regulations may make provision for and in relation to the

forfeiture, in whole or in part, or the suspension of the whole, of

the salary of, and of the allowances of, a member of the Defence

Force.

(2) Subsection (1) does not prevent the Minister making a

determination under section 58B that deals with matters covered by

that subsection.

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120 Notice etc. need not be in writing unless required herein

It shall not be necessary for any order or notice under this Act to be

in writing, unless by this Act required to be so, provided it be

communicated to the person who is to obey or be bound by it,

either directly by the officer or person making or giving it, or by

some other person by his or her order.

120A Delegation

Delegations by the Governor-General

(2) The Governor-General may, by instrument in writing, delegate all

or any of his or her powers under subsections 116C(5) and

116C(5A) to:

(a) an officer of the Army who holds the rank of Major-General

or a higher rank; or

(b) an officer of the Navy who holds the rank of Rear-Admiral or

a higher rank; or

Vice-Marshal or a higher rank.

(3) The Governor-General may, by instrument in writing, delegate all

or any of his or her powers under sections 100, 101 and 104 to:

(a) an officer of the Army who holds the rank of

Lieutenant-General or a higher rank; or

(b) an officer of the Navy who holds the rank of Vice-Admiral or

a higher rank; or

or a higher rank.

Delegations of jointly held powers by the Secretary and Chief of

the Defence Force

(3A) The Secretary and the Chief of the Defence Force may, by

instrument in writing signed by each of them, delegate all or any of

the powers that they hold jointly under section 11 to issue Defence

Instructions to:

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(a) an officer of the Army who holds the rank of Major-General

or a higher rank; or

(b) an officer of the Navy who holds the rank of Rear-Admiral or

a higher rank; or

Vice-Marshal or a higher rank; or

(d) an SES employee who holds an SES Band 2 position, or an

equivalent or higher position, in the Department.

(3B) The Secretary and the Chief of the Defence Force may, by

instrument in writing signed by each of them, delegate all or any of

the powers that they hold jointly under section 11 to issue Defence

Instructions to 2 persons to exercise jointly.

(3C) Each person to whom a power is delegated under subsection (3B)

must be a person specified in paragraph (3A)(a), (b), (c) or (d).

Delegations by the Chief of the Defence Force

(3D) The Chief of the Defence Force may, by instrument in writing,

delegate his or her powers as follows:

(a) the power under subsection 26(2) to accept volunteer service

by members of the Reserves—to an officer of the Defence

Force;

(b) the power under subsection 29(1) to specify periods of

continuous full time service for members of the Reserves

covered by a call out order—to an officer of the Defence

Force;

subsections 23(2) and (3)—to an officer of the Defence

Force;

(d) the power under section 93A to determine authorised persons

for the purposes of Part VIIIA (testing for prohibited

substances)—to:

(i) an officer of the Navy who holds a rank not below the

rank of Commodore; or

(ii) an officer of the Army who holds a rank not below the

rank of Brigadier; or

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(iii) an officer of the Air Force who holds a rank not below

the rank of Air Commodore;

(e) powers under sections 100, 101, 103 and 104 relating to

testing for prohibited substances—to:

(i) an officer of the Navy who holds a rank not below the

rank of Commander; or

(ii) an officer of the Army who holds a rank not below the

rank of Lieutenant-Colonel; or

(iii) an officer of the Air Force who holds a rank not below

the rank of Wing Commander; or

(iv) an APS employee who holds, or performs the duties of,

a position not below an Executive Level 1 position, or

equivalent, in the Department;

(f) powers under section 123A—to an officer of the Defence

Force.

General provisions about delegations

(6A) The delegate is, in the exercise of a power delegated under this

section, subject to the directions of the person who made the

delegation.

(8) A delegation under this section continues in force notwithstanding

a change in the occupancy of, or a vacancy in, the office of the

person who made the delegation.

(9) A document purporting to be a copy of an instrument of delegation

under this section and purporting to bear the signature, or a

facsimile of the signature, of the person who made the delegation

and an endorsement in writing that the delegation is, or was on a

specified date, in force, is, upon mere production in a court or

otherwise for any purpose arising under this Act, prima facie

evidence that the delegation was duly made in the terms set out in

the document and is, or was on the date specified, in force.

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120B Attachment of salaries of members

(1) Where judgment has been given by a court against a member for

the payment of a sum of money, the person in whose favour

judgment was given (in this section referred to as the judgment

creditor) may serve on a paying officer:

(a) a copy of the judgment, certified under the hand of the

Registrar or other appropriate officer of the court; and

(b) a statutory declaration that:

(i) states that the judgment has not been satisfied by the

member; and

(ii) sets out the amount then due by the member under the

judgment.

(2) The paying officer shall, as soon as practicable after service of the

copy of the judgment and the statutory declaration, by notice in

writing given to the member:

(a) inform the member of the service on the paying officer of the

copy of the judgment and the statutory declaration; and

(b) require the member:

(i) to inform the paying officer, in writing, within the time

specified for the purpose in the notice, whether the

judgment has been satisfied; and

(ii) if:

(A) the member claims the judgment has been

satisfied, to furnish evidence in support of the

claim; or

(B) the member admits that the judgment has not

been satisfied, to state the amount then due

under the judgment.

(3) If the member:

(a) fails, within the time specified for the purpose in the notice,

to satisfy the paying officer that the judgment has been

satisfied; or

(b) admits that the judgment has not been satisfied;

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the paying officer shall, subject to subsection (13), in relation to

each pay-day of the member, cause to be deducted from the salary

payable to the member on the pay-day an amount equal to the

normal deduction in relation to the member in relation to the

pay-day or such lesser amount as is, in the opinion of the paying

officer, sufficient to satisfy the amount then due under the

judgment.

(4) There is payable to the Commonwealth, by the judgment creditor,

an administration fee, at the prescribed rate, in respect of each

amount deducted pursuant to subsection (3).

(5) The paying officer shall, subject to subsection (6), cause an amount

equal to each amount deducted pursuant to subsection (3) to be

paid to the judgment creditor.

(6) Where an amount is deducted pursuant to subsection (3) and the

whole or part of the administration fee payable in respect of the

amount has not been paid by the judgment creditor, the paying

officer shall:

(a) apply, in or towards payment of the administration fee, the

amount of the deduction or so much of the amount of the

deduction as is equal to the administration fee; and

(b) if the whole of the amount of the deduction is not applied in

accordance with paragraph (a), pay an amount equal to the

balance to the judgment creditor.

(7) Upon the application under subsection (6) of an amount (in this

subsection referred to as the relevant amount) in or towards

payment of the administration fee payable in respect of an amount

deducted pursuant to subsection (3) from the salary payable to the

member on a pay-day:

(a) the judgment creditor shall be deemed to have paid the

relevant amount to the Commonwealth in satisfaction or

partial satisfaction, as the case requires, of the administration

fee;

(b) an amount equal to the relevant amount shall be deemed to

have been paid by the Commonwealth to the member on

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account of the salary payable to the member on the pay-day;

and

to have been paid by the member to the judgment creditor in

relation to the judgment.

(8) Upon payment being made to the judgment creditor pursuant to

subsection (5) or (6) of an amount (in this subsection referred to as

the relevant amount) in relation to an amount deducted pursuant to

subsection (3) from the salary payable to the member on a

pay-day:

(a) an amount equal to the relevant amount shall be deemed to

have been paid by the Commonwealth to the member on

account of the salary payable to the member on the pay-day;

and

(b) an amount equal to the relevant amount shall also be deemed

to have been paid by the member to the judgment creditor in

relation to the judgment.

(9) When the judgment has been satisfied, the judgment creditor shall

forthwith notify the paying officer accordingly.

Penalty: Imprisonment for 3 months or 5 penalty units.

(10) If the amounts deemed, by virtue of paragraphs (7)(c) and (8)(b), to

have been paid by the member to the judgment creditor exceed, in

the aggregate, the amount due under the judgment, the excess is

repayable by the judgment creditor to the member, and, in default

of repayment, may be recovered, by action in a court of competent

jurisdiction, as a debt due by the judgment creditor to the member.

(11) Where, in relation to an amount deducted pursuant to

subsection (3) from the salary payable to the member on a pay-day,

an amount is, by virtue of paragraph (7)(c), deemed to have been

paid by the member to the judgment creditor and an amount is, by

virtue of paragraph (8)(b), deemed to have been paid by the

member to the judgment creditor, then, for the purposes of

subsection (10), the last-mentioned amount shall be deemed to

have been paid after the second-mentioned amount.

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(12) If the member ceases to be a member before the paying officer is

notified that the judgment has been satisfied, the paying officer

shall forthwith inform the judgment creditor, in writing, of the fact

that the member has ceased to be a member and the date on which

the member ceased to be a member.

(13) If the paying officer is satisfied that the deduction of the amount

that the paying officer would, but for this subsection, be required to

deduct from the salary payable to the member on a pay-day would

cause severe hardship to the member, the paying officer may

deduct a lesser amount in relation to the pay-day.

(14) Where copies of more than one judgment, and statutory

declarations in relation to those judgments, are served under

subsection (1) in relation to a member, the judgments shall be dealt

with under this section in the order in which copies of the

judgments are served under that subsection.

(15) Subsections (1) to (14) (inclusive) do not apply to a member:

(a) who is a bankrupt; or

(b) in relation to whom a personal insolvency agreement is in

force under the Bankruptcy Act 1966.

(16) In this section:

net salary, in relation to a member in relation to a pay-day, means

the amount of salary payable by the Commonwealth to the member

on the pay-day after deductions have been made:

(a) pursuant to Part 2-5 in Schedule 1 to the Taxation

Administration Act 1953; and

(b) pursuant to Part III of the Defence Force Retirement and

Death Benefits Act 1973; and

member means a member of the Defence Force rendering

continuous full-time service.

normal deduction, in relation to a member in relation to a pay-day,

means an amount equal to 20% of the net salary of the member in

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relation to the pay-day or such greater amount as the member

notifies a paying officer, in writing, should be the normal

deduction for the purposes of this section in relation to the pay-day.

pay-day, in relation to a member, means a day on which salary is

payable to the member.

paying officer means a person engaged under the Public Service

Act 1999 performing duties in the Department who is appointed by

the Secretary, in writing, to be a paying officer for the purposes of

this section.

salary, in relation to a member, means any money payable by the

Commonwealth to the member by way of salary, and includes any

money payable by the Commonwealth to the member by way of an

allowance prescribed for the purposes of this definition, but does

not include any money payable to the member by way of a weekly

payment of compensation under the Safety, Rehabilitation and

Compensation Act 1988 or the Military Rehabilitation and

Compensation Act 2004.

121 Proof of order

The production of an appointment, or order in writing purporting to

be granted or made according to the provisions of this Act shall be

prima facie evidence of the appointment, or order, without proving

the signature or seal thereto, or the authority of the person granting

or making the appointment, or order.

121A Validation of declaration and past acts in relation to the

Woomera Prohibited Area

(1) This section applies in relation to:

(a) the declaration of the Woomera Prohibited Area under

regulation 35 of the Defence Force Regulations 1952 by

notice published in the Gazette on 12 July 1989; and

(b) things done (the past acts) by the Commonwealth under

regulation 35 of the Defence Force Regulations 1952 as a

result of the declaration.

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(2) The declaration and past acts are taken always to have been valid.

(3) To the extent that, apart from subsection (2) and this subsection,

the declaration and past acts would be invalid because they would

result in an acquisition of property (within the meaning of

paragraph 51(xxxi) of the Constitution) from a person otherwise

than on just terms (within the meaning of that paragraph), the

Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(4) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court of Australia or another court of competent

jurisdiction for the recovery from the Commonwealth of such

reasonable amount of compensation as the court determines.

(5) In this section:

valid includes having full force and effect.

122 Appointments etc. not invalid because of defect etc. in

connection with appointment

The appointment of an officer or enlistment of a member of the

Defence Force and any extension of such an appointment or

enlistment is not invalid because of a defect or irregularity in

connection with the appointment, enlistment or extension, as the

case may be.

122AA Taxation consequences of disposals of assets to defence

companies

(1) This section applies where a CGT event (within the meaning of the

Income Tax Assessment Act 1997) happens in relation to a CGT

asset (within the meaning of that Act) of the Commonwealth and

all of the following conditions are satisfied:

(aa) the event involves a company acquiring the asset;

(a) the company is:

(i) Australian Defence Industries Pty Ltd; or

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(ii) Aerospace Technologies of Australia Pty Ltd;

(b) the event happens under a scheme:

(i) for the reorganisation of defence-related activities; and

(ii) associated with the establishment of the company;

asset was acquired by the Commonwealth before

20 September 1985;

(d) before 20 September 1985, the asset was used, or intended

for use, for defence-related purposes;

(2) For the purposes of Parts 3-1 and 3-3 of the Income Tax

Assessment Act 1997, the company is taken to have acquired the

asset before 20 September 1985.

(4) In calculating the deductions (if any) allowable to the company

under Subdivision 40-B of the Income Tax Assessment Act 1997 in

respect of the asset, the adjustable value of the asset to the

company at the time of the acquisition of the asset is the amount

that would have been its adjustable value to the Commonwealth

just before that time if:

(a) the Commonwealth had been a taxpayer; and

(b) the asset had been used by the Commonwealth exclusively

for the purpose of producing assessable income.

(5) Section 170 of the Income Tax Assessment Act 1936 does not

prevent the amendment of an assessment for the purpose of giving

effect to this section.

122A Immunity of Australian Defence Industries Pty Ltd from

certain State and Territory laws

(1) Subject to subsection (4), a law of a State or Territory, being a law

to which this section applies, does not apply in relation to:

(a) Australian Defence Industries Pty Ltd;

(b) the property or transactions of Australian Defence Industries

Pty Ltd; or

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Industries Pty Ltd.

(2) Subject to subsection (3), this section applies to a law:

(a) to the extent that the law relates to:

(i) the use of land or premises;

(ii) the environmental consequences of the use of land or

premises;

(iii) dangerous goods;

(iv) licensing in relation to:

(A) employment;

(B) the carrying on of a particular kind of business

or undertaking; or

(v) the liability to pay, or the payment of, taxes, rates or

charges (including stamp duty); or

(b) if regulations made for the purposes of this paragraph declare

that this section applies to the law.

(3) This section does not apply to a law of a kind referred to in

paragraph (2)(a) if regulations made for the purposes of this section

declare that this section does not apply to the law.

(4) Subsection (1) does not apply in relation to any property,

transaction, act or thing that is wholly unconnected with defence

production.

(5) This section ceases to be in force at the end of 6 years after the day

on which it commences.

(6) In this section:

Australian Defence Industries Pty Ltd means the company,

known as Australian Defence Industries Pty Ltd, incorporated in

the Australian Capital Territory under the Companies Act 1981 on

21 July 1988.

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122B Exercise of rights and discharge of duties and obligations by

legal officers

A legal officer acting in that capacity is entitled to exercise his or

her professional rights, and discharge his or her professional duties

and obligations, in accordance with the generally accepted rights,

duties and obligations applying to legal practitioners.

123 Immunity from certain State and Territory laws

(1) A member of the Defence Force is not bound by any law of a State

or Territory:

(a) 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, vessel, animal, firearm or other thing belonging to

the Commonwealth; or

(b) that would require the member to have permission (whether

in the form of a licence or otherwise) to do anything in the

course of his or her duties as a member of the Defence Force.

(2) The Secretary, or an APS employee authorised in writing by the

Secretary, may, by instrument in writing, declare:

(a) a person:

(i) who is an APS employee; and

(ii) who is employed in the Department in, or in connection

with, the manufacture of firearms; or

(b) a person who is employed by a body corporate concerned

with the manufacture of firearms, being a body corporate

declared by the regulations to be a body corporate in relation

to which this subsection applies;

to be an authorised employee for the purposes of this subsection

and, where such a declaration is made in relation to a person, the

person continues to be an authorised employee for the purposes of

this subsection while the person continues to be so employed.

(2A) A declaration under subsection (2) may be made by declaring the

person holding a particular office or occupying a particular

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position to be an authorised employee for the purposes of that

subsection.

(3) A person who is an authorised employee for the purposes of

subsection (2) does not contravene any law of a State or Territory

that would require the person to have permission (whether in the

form of a licence or otherwise) to have in his or her possession a

firearm by reason only of having such a firearm in his or her

possession, without such permission, in the performance of his or

her duties.

123A Intoxicating liquor

It is lawful for a person:

(a) in or at an establishment, camp, unit, mess or canteen of the

Defence Force;

(b) on board a vessel of the Defence Force; or

without guests) approved by the Chief of the Defence Force;

notwithstanding any provision of the law of a State or Territory:

(d) if the person is a member of the Defence Force or of a mess,

or is a guest of such a member—to have in his or her

possession, sell, supply, consume or buy intoxicating liquor;

(e) in any other case—to have in his or her possession, sell or

supply intoxicating liquor;

in accordance with conditions determined by the Chief of the

Defence Force.

123B Religion

No member of the Defence Force who has conscientious objection

shall be compelled to answer any question as to his or her religion,

nor shall any regulation or other order compel attendance at any

religious service.

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123F Certain persons not permitted to serve in Defence Force

A person shall not be permitted to serve in the Defence Force if:

(a) that person has been convicted of a crime that, in the opinion

of the Chief of the Defence Force, is such as to render that

person unsuitable for service in the Defence Force; or

(b) the service of that person in the Defence Force might, in the

opinion of the Chief of the Defence Force, be prejudicial to

the security of Australia.

123G Orders in relation to rifle ranges

(1) The Minister may, by legislative instrument, make orders, not

inconsistent with this Act, for and in relation to the control and

administration of rifle ranges.

(2) Without limiting the generality of subsection (1), orders may be

made for or in relation to:

(a) the location and acquisition of property for use as a rifle

range;

(b) the design, construction and use of a rifle range and any

equipment or facilities for use in connection with a rifle

range, including the setting of safety standards for such

design, construction and use; and

use of firearms on, or in connection with, a rifle range.

(5) Subject to subsection (6), orders made under this section for the

regulation or prohibition of the carriage, possession or use of

firearms on, or in connection with, a rifle range have effect

notwithstanding any provision of a law of a State or Territory.

(6) Subsection (5) is not intended to affect the operation of a law of a

State or Territory to the extent that that law is capable of operating

concurrently with orders referred to in that subsection.

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123H Tactical payment scheme for activities of the Defence Force

outside Australia

(1) The Minister may authorise the making of one or more payments

to a person (even though the payments would not otherwise be

authorised by law or required to meet a legal liability) if:

(a) the person suffers loss, damage or injury outside Australia

because of an incident that occurs in the course of an activity

of the Defence Force outside Australia; and

(b) the person is not an Australian citizen; and

payments.

(2) A payment cannot be made to the person more than 12 months

after the relevant incident.

(3) The total amount of the payments to the person must not be more

than the amount specified in rules made for the purposes of

section 65 of the Public Governance, Performance and

Accountability Act 2013 (which deals with act of grace payments

by the Commonwealth).

(4) This section does not limit, and is not limited by, section 65 of the

Public Governance, Performance and Accountability Act 2013.

Note: Payments under this section must be made from money appropriated

by the Parliament.

123J Delegations in relation to the tactical payment scheme

(1) The Minister may, in writing, delegate his or her powers under

section 123H to any of the following persons:

(a) the Secretary;

(b) the Chief of the Defence Force;

outside Australia;

(d) an APS employee who holds, or performs the duties of, an

APS 6 position, or an equivalent or higher position, in the

Department.

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(2) In exercising powers under a delegation, the delegate must comply

with any directions of the Minister.

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124 Regulations

(1) The Governor-General may make regulations, not inconsistent with

this Act, prescribing all matters which by this Act are required or

permitted to be prescribed, or which are necessary or convenient to

be prescribed, for securing the good government of the Defence

Force, or for carrying out or giving effect to this Act, and in

particular prescribing matters providing for and in relation to:

(a) The enlistment, appointment, promotion, reduction in rank,

retirement and discharge of members of the Defence Force;

and

(aa) the transfer of members between different arms, or parts of

arms, of the Defence Force; and

(ab) the training of members and;

(ac) conditions of service of members; and

(ad) the appointment of the Chief of Navy, the Chief of Army and

the Chief of Air Force; and

(b) forfeiture, or assignment, of the whole or part of the

remuneration of a member or of allowances or other

pecuniary benefits referred to in paragraph 58B(1)(b) or (c);

and

allowances or other pecuniary benefits referred to in

paragraph 58B(1)(b) or (c); and

(e) the liability of a member, or a member of the family of a

member, to pay an amount to the Commonwealth and the

manner of recovery of an amount so payable; and

(gc) The appointment, procedures and powers of courts of

inquiry, boards of inquiry, Chief of the Defence Force

commissions of inquiry, inquiry officers and inquiry

assistants; and

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(h) the procedures, powers and reporting obligations of the

Inspector-General ADF in respect of the performance of the

Inspector-General ADF’s functions, including in relation to

any matter connected with inquiries, investigations and

performance reviews; and

(i) medical or dental treatment of a member, or a member of the

family of a member; and

(ia) the administration, management, supervision and training of

cadets; and

(j) The formation, incorporation and management of:

(i) full-bore or small-bore rifle clubs;

(ii) full-bore or small-bore rifle associations;

(iii) a national body for the control and administration of

full-bore rifle shooting; and

(iv) a national body for the control and administration of

small-bore rifle shooting; and

(k) The empowering of clubs, associations or national bodies

referred to in paragraph (j) to make, alter and repeal rules, not

inconsistent with this Act, for the conduct of their affairs and

for the conduct of any rifle competitions promoted by them;

and

(ka) The establishment, management, operation and control of

canteens on rifle ranges or on the premises of rifle clubs,

including the possession, supply, sale, purchase and

consumption of intoxicating liquor at any such range or club;

and

(m) The furnishing of means of conveyance and transport in time

of war; and

(n) The regulation of the quartering or billeting of members of

the Defence Force in time of war; and

(na) The regulation, control or prohibition of the construction or

use of buildings, erections or installations, the use of

apparatus, machines or vehicles, and the removal in whole or

in part of buildings, erections, installations, apparatus, trees

or other natural obstacles, within prescribed areas, being

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areas in which the regulation, control, prohibition or removal

is necessary for the defence of Australia; and

(nb) The declaration as a prohibited area of a place (including a

place owned by, or held in right of, the Commonwealth or a

State) used or intended to be used for a purpose of defence,

the prohibition of a person entering, being in or remaining in

the prohibited area without permission and the removal of

any such person from the area; and

(nc) The prohibition of the use, except as prescribed, of a word,

group of letters, object or device which is descriptive or

indicative of:

(i) a part of the Naval Forces, Military Forces or Air Forces

of a part of the King’s dominions; or

(ii) a service or body of persons associated with the defence

of Australia; and

(nd) The establishment, maintenance and operation of any factory

or undertaking under section 63; and

(o) The establishment, management, operation and control of

canteens and the establishment, management, operation and

control of messes including, but without limiting the

generality of the foregoing, the subjection of:

(i) a specified canteen or mess;

(ii) a canteen or mess included in a class of specified

canteens or messes; or

(iii) a specified organization established under the

regulations that establishes, manages, operates or

controls canteens, to taxation (other than income tax)

under a law of the Commonwealth or of a State or

Territory; and

(oa) The management and disposal of the funds and property of

units of the Defence Force; and

(p) The regulation of any naval, military or air-force operation or

practice, including any naval, military or air-force operation

or practice in or adjacent to Australia of a country other than

Australia; and

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(pa) The regulation or prohibition of the emission of smoke from

factories or other buildings within the prescribed distance

from any gun, fort, searchlight, signal station, observation

post, or other work of defence during, or immediately before

any naval, military or air force practice; and

(q) The preservation of the public safety in or at any naval,

military or air-force operation or practice; and

(qa) The entry upon and survey of lands for defence purposes; and

(qaa) The declaration and use of any area (by whomever owned or

held) as a practice area for any naval, military or air force

operation or practice and the regulation or prohibition of any

entry upon or use of a practice area, including the prohibition

of a person entering, being in or remaining in a practice area

and the removal of any such person from the area; and

(qb) The post mortem examination and disposal of the bodies of

members of the Defence Force who die while on service; and

(qba) The provision and maintenance of, and the execution of work

in connexion with, the following:

(i) the graves of persons who have died while on service as

members of the Defence Force;

(ii) the graves of persons who have died as a result of

service as members of the Defence Force;

(iii) the grave of a person who, immediately before his or

her death, was a dependant of a member of the Defence

Force on service, where the grave is located in the

Terendak Military Cemetery in Malaysia; and

(qc) Prisoners of war; and

(qe) The administration of oaths to, the taking of affidavits of, and

the attestation of the execution of documents by, members of

the Defence Force while on service outside Australia; and

(qf) The execution and revocation of powers of attorney by

persons under the age of 21 years who are members of the

Defence Force and the validity and effect of powers of

attorney executed by such persons; and

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(r) the payment by the Commonwealth of compensation for any

loss, injury or damage suffered by reason of anything done in

pursuance of this Act; and

(u) The disposal of unclaimed property of members of the

Defence Force and of other persons held in the custody or

control of the Commonwealth; and

(w) Providing for penalties, of imprisonment for a period not

exceeding 12 months or a fine not exceeding 20 penalty

units, or both, for offences against the regulations; and

(x) Providing for penalties, not exceeding a fine of 5 penalty

units, for offences against orders made under section 123G.

(1A) The regulations may make provision for or in relation to a matter

by applying, adopting or incorporating, with or without

modification, the provisions of a determination, as in force at a

particular time or as in force from time to time, made under

section 58H of this Act or under section 24 of the Public Service

Act 1999.

Note: In addition, section 14 of the Legislation Act 2003 allows regulations

to prescribe matters by reference to disallowable legislative

instruments as in force at a particular time or from time to time. That

section would, for example, allow a regulation to prescribe matters by

reference to a determination under section 58B as in force at a

particular time or from time to time.

(1AA) Regulations under subsection (1) may make provision in relation

to:

(a) the appointment or reappointment of a member; or

(b) the enlistment or re-enlistment of a member; or

on the basis that, after a specified time or on a specified event

occurring, the member may or must transfer to a different arm, or

part of an arm, of the Defence Force, or in relation to other similar

arrangements.

Example: The regulations might allow for a soldier to enlist for a total of 8

years, with the first 4 years to be served in the Regular Army and the

last 4 years in the Army Reserve, or vice versa, or any other

combination of service.

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(1AB) Subsection (1AA) does not limit the scope of subsection (1).

(1B) In paragraphs (1)(b), (c), (e) and (i), member and member of the

family have the same respective meanings as in Part IIIA.

(1C) In paragraph (1)(i), medical or dental treatment includes the

provision of services or goods (including pharmaceuticals) related

to medical or dental treatment.

(2) The regulations may make provision for or in relation to the

certification or proof of the death:

(a) of a member of the Defence Force who died, or is presumed

to have died, while on service; and

(b) of a person, not being a member of the Defence Force, who

died, or is presumed to have died, while in the hands of an

enemy or in other circumstances which make proof of death

difficult, being circumstances arising out of:

(i) a war in which Australia has been or is engaged;

(ii) the war-like operations in Korea after 26 June 1950, or

in Malaya after 28 June 1950; or

(iii) such other war or war-like operations as are prescribed.

(2A) Subject to subsection (2B), the power to make regulations by virtue

of paragraph (1)(gc) includes the power to make regulations

requiring a person appearing as a witness before a court of inquiry,

a board of inquiry, a Chief of the Defence Force commission of

inquiry, an inquiry officer or an inquiry assistant to answer a

question notwithstanding that the answer to the question may tend

to incriminate the person.

(2AA) Subject to subsection (2B), the power to make regulations for the

purposes of paragraph (1)(h) includes the power to make

regulations requiring a person appearing as a witness before the

Inspector-General ADF to answer a question even if the answer to

the question may tend to incriminate the person.

(2AB) Subject to subsection (2B), the power to make regulations for the

purposes of subsection 110P(3) includes the power to make

regulations requiring a person appearing as a witness before a

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person appointed under section 110P to answer a question even if

the answer to the question may tend to incriminate the

first-mentioned person.

(2B) Subsection (2A) does not authorise the making of a regulation

containing a requirement referred to in the subsection concerned

where the answer to the question may tend to incriminate the

person in respect of an offence with which the person has been

charged and in respect of which the charge has not been finally

dealt with by a court or otherwise disposed of.

(2C) A statement or disclosure made by a witness in the course of giving

evidence before a court of inquiry, a board of inquiry, a Chief of

the Defence Force commission of inquiry, an inquiry officer or an

inquiry assistant is not admissible in evidence against that witness

in:

(a) any civil or criminal proceedings in any federal court or court

of a State or Territory; or

(b) proceedings before a service tribunal;

otherwise than in proceedings by way of a prosecution for giving

false testimony at the hearing before the court of inquiry, the board

of inquiry, the Chief of the Defence Force commission of inquiry,

the inquiry officer or the inquiry assistant.

(2CA) If a witness makes a statement or disclosure in the course of giving

evidence before the Inspector-General ADF or a person appointed

under section 110P:

(a) the statement or disclosure; and

(b) the making of the statement or disclosure; and

indirect consequence of making the statement or disclosure;

are not admissible in evidence against the witness in:

(d) any civil or criminal proceedings in any federal court or court

of a State or Territory; or

(e) proceedings before a service tribunal;

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other than in proceedings by way of a prosecution for giving false

testimony at the hearing before the Inspector-General ADF or

person appointed under section 110P.

(3) For the purposes of paragraphs (1)(qb), (qba), (qe) and (qf) and for

the purposes of subsection (2):

(a) a member of the Defence Force shall be deemed to be on

service while he or she is a prisoner of war or interned in a

place outside Australia; and

(b) a person, not being a member of the Defence Force, who

accompanies a part of the Defence Force shall be deemed to

be a member of, and on service with, that part of the Defence

Force.

(3A) Subject to subsection (3B), regulations made by virtue of

paragraph 124(1)(ka) in relation to the possession, supply, sale,

purchase and consumption of intoxicating liquor have effect

notwithstanding any provision of a law of a State or Territory.

(3B) Subsection (3A) is not intended to affect the operation of a law of a

State or Territory to the extent that that law is capable of operating

concurrently with the regulations referred to in that subsection.

(3C) Regulations made by virtue of paragraph (1)(qa) or (qaa) shall

include provision for and in relation to the payment of reasonable

compensation for any loss or damage caused by anything done in

pursuance of those regulations or otherwise caused by the

operation of those regulations.

(4) In this section, remuneration means remuneration by way of

salary, pay, allowances or otherwise.

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Ranks and corresponding ranks Schedule 1

Clause 1

Defence Act 1903 283

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Schedule 1—Ranks and corresponding ranks Note: See section 21.

1 Ranks and corresponding ranks

(1) The ranks of members of the Defence Force (other than chaplains)

in the Navy, Army and Air Force are set out in the following table.

Ranks and corresponding ranks

Item Column 1

Navy

Column 2

Army

Column 3

Air Force

1 Admiral of the Fleet Field Marshal Marshal of the Royal

Australian Air Force

2 Admiral General Air Chief Marshal

3 Vice Admiral Lieutenant General Air Marshal

4 Rear Admiral Major General Air Vice Marshal

5 Commodore Brigadier Air Commodore

6 Captain Colonel Group Captain

7 Commander Lieutenant Colonel Wing Commander

8 Lieutenant Commander Major Squadron Leader

9 Lieutenant Captain Flight Lieutenant

10 Sub Lieutenant Lieutenant Flying Officer

11 Acting Sub Lieutenant Second Lieutenant Pilot Officer

12 Midshipman Staff Cadet or Officer

Cadet

Officer Cadet

13 Warrant Officer of the

Navy

Regimental Sergeant

Major of the Army

Warrant Officer of the

Air Force

14 Warrant Officer Warrant Officer Class

Warrant Officer

15 Chief Petty Officer Warrant Officer Class

Flight Sergeant

16 Staff Sergeant

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Clause 1

284 Defence Act 1903

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Ranks and corresponding ranks

Item Column 1

Navy

Column 2

Army

Column 3

Air Force

17 Petty Officer Sergeant Sergeant

18 Leading Seaman Corporal Corporal

19 Lance Corporal

20 Able Seaman Leading Aircraftman

21 Seaman Private Aircraftman

(2) A rank specified in an item in the table in subclause (1) is a

corresponding rank in relation to any other rank specified in that

item.

(3) A reference in an item in the table in subclause (1) to a rank is

taken to include a reference to any other rank, not specified in that

table, that is equivalent to the rank specified in that item.

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Endnotes

Endnote 1—About the endnotes

Defence Act 1903 285

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

286 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

Defence Act 1903 287

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Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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288 Defence Act 1903

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Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Act 1903 20, 1903 22 Oct

1903

1 Mar 1904 (see Gazette

1904, p. 119)

Defence Act 1904 12, 1904 9 Dec 1904 9 Dec 1904 s. 12

Defence Act 1909 15, 1909 13 Dec

1909

1 Jan 1911 (see Gazette

1910, p. 1571)

—

Naval Defence Act 1910 30, 1910 25 Nov

1910

25 Nov 1910 —

Defence Act 1910 37, 1910 1 Dec 1910 1 Dec 1910 —

Defence Act 1911 15, 1911 22 Dec

1911

22 Dec 1911 —

Defence Act 1912 5, 1912 4 Sept 1912 4 Sept 1912 —

Defence Act 1914 36, 1914 21 Dec

1914

21 Dec 1914 (a) —

Defence Act 1915 3, 1915 30 Apr

1915

ss. 4 and 7: 1 Aug 1914

Remainder: Royal

Assent

—

Defence Act 1917 36, 1917 25 Sept

1917

s. 6: 1 Aug 1914

Remainder: Royal

Assent

—

Defence Act 1918 16, 1918 19 June

1918

s. 8: 1 Aug 1914

Remainder: Royal

Assent

—

Defence Act (No. 2)

1918

47, 1918 25 Dec

1918

25 Dec 1918 —

Defence Act 1927 1, 1927 8 Apr 1927 8 Apr 1927 —

Defence Act 1932 50, 1932 21 Nov

1932

21 Nov 1932 —

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Defence Act 1903 289

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law Revision

Act 1934

45, 1934 6 Aug 1934 6 Aug 1934 —

Defence Act 1939 13, 1939 21 June

1939

6 July 1939 (see Gazette

1939, p. 1263)

s. 5(2)

Defence Act (No. 2)

1939

38, 1939 26 Sept

1939

26 Sept 1939 —

Defence Act (No. 3)

1939

70, 1939 15 Dec

1939

15 Dec 1939 —

Air Force Act 1939 74, 1939 15 Dec

1939

15 Dec 1939 s. 7

Defence Act 1941 4, 1941 4 Apr 1941 ss. 3 and 4: 3 Sept 1939

Remainder: Royal

Assent

—

Re-establishment and

Employment Act 1945

11, 1945 28 June

1945

27 Aug 1945 (see

Gazette 1945, p. 1859)

—

Defence (Transitional

Provisions) Act 1947

78, 1947 11 Dec

1947

ss. 1–3: Royal Assent

Remainder: 1 Jan 1948

—

Commonwealth Public

Service Act 1948

35, 1948 26 June

1948

1 Sept 1948 (see Gazette

1948, p. 3115)

—

Defence Act 1949 71, 1949 28 Oct

1949

1 Jan 1950 s. 20

Statute Law Revision

Act 1950

80, 1950 16 Dec

1950

31 Dec 1950 ss. 16 and 17

Defence Act 1951 19, 1951 19 July

1951

19 July 1951 —

Defence Act (No. 2)

1951

59, 1951 11 Dec

1951

s. 6: 1 Jan 1950

Remainder: Royal

Assent

—

Defence Act 1952 98, 1952 18 Nov

1952

16 Dec 1952 ss. 3 and 4

Defence Act 1953 20, 1953 9 Apr 1953 9 Apr 1953 —

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290 Defence Act 1903

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Act 1956 72, 1956 29 Oct

1956

29 Oct 1956 —

Defence Act 1964 92, 1964 6 Nov 1964 6 Nov 1964 ss. 33(2), 40 and

Defence Act 1965 51, 1965 7 June 1965 ss. 3(b), 20 and 23: 5

Nov 1965 (see Gazette

1965, p. 4841)

s. 12: 17 Sept 1970 (see

Gazette 1970, p. 5842)

Remainder: Royal

Assent

s. 25

Statute Law Revision

(Decimal Currency) Act

1966

93, 1966 29 Oct

1966

1 Dec 1966 —

Defence Act 1970 33, 1970 23 June

1970

ss. 1(1), 2 and 4: Royal

Assent

Remainder: 1 Oct 1970

(see Gazette 1970, p.

6551)

s. 4

Statute Law Revision

Act 1973

216, 1973 19 Dec

1973

31 Dec 1973 ss. 9(1) and 10

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Force

Re-organization Act

1975

96, 1975 9 Sept 1975 ss. 3, 4(c), 6, 9, 18, 25,

29–34, 36, 37, 39, 40,

42–44,

46–52, 54, 57, 59 and

60: 28 Oct 1975 (see

Gazette 1975, No. G42,

p. 2) (b)

ss. 4(a), (b), (d), (e), 5, 7,

8, 10–17, 19–24, 27, 28,

41, 55, 58 and 61: 9 Feb

1976 (see Gazette 1975,

No. G42, p. 2) (b)

s. 26: 8 Sept 1980 (see

Gazette 1980, No. G34,

p. 2) (b)

s. 35: 24 Sept 1976 (see

Gazette 1976, No. S167)

(b)

s. 38: 1 July 1985 (see

Gazette 1985, No. S195)

(b)

s. 45: 9 Feb 1976 (see

Gazette 1976, No. S24)

(b)

s. 53: 3 July 1985 (see

Gazette 1985, No. S255)

(b)

s. 56: 29 July 1977 (see

Gazette 1977, No. S151)

(b)

ss. 14(2), (3),

16(2), 23(2), (4),

(5), 24(2), 28(2),

35(2), 36(2),

41(2), 55(2) and

59(2)

s. 23(3) (am. by

164, 1984, s. 120)

as amended by

Defence Legislation

Amendment Act 1984

164, 1984 25 Oct

1984

(see 164, 1984 below) (see 164, 1984

below)

Defence Amendment

Act 1976

4, 1977 28 Feb

1977

28 Feb 1977 s. 3(2) and (3)

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Amendment

Act (No. 2) 1977

20, 1977 14 Apr

1977

14 Apr 1977 —

Jurisdiction of Courts

(Miscellaneous

Amendments) Act 1979

19, 1979 28 Mar

1979

Parts II–XVII (ss. 3–

123): 15 May 1979 (see

Gazette 1979, No. S86)

Remainder: Royal

Assent

s. 124

Defence Amendment

Act 1979

132, 1979 23 Nov

1979

ss. 6(1), 9 and Part IV

(ss. 15–17): 1 Jan 1985

(see Gazette 1981, No.

S273)

Remainder: Royal

Assent

ss. 3(2),

11–13 and 15–17

s. 14 (am. by 80,

1982, s. 83)

as amended by

Statute Law

(Miscellaneous

Amendments) Act

(No. 2) 1982

80, 1982 22 Sept

1982

Part XXIX (ss. 82, 83):

20 Oct 1982 (c)

—

Defence Legislation

Amendment Act 1984

164, 1984 25 Oct

1984

(see 164, 1984 below) (see 164, 1984

below)

Australian Federal

Police (Consequential

Amendments) Act 1979

155, 1979 28 Nov

1979

19 Oct 1979 (see s. 2 and

Gazette 1979, No. S206)

—

Australian Federal

Police (Consequential

Amendments) Act 1980

70, 1980 28 May

1980

28 May 1980 —

Statute Law Revision

Act 1981

61, 1981 12 June

1981

Part X (ss. 26–51): 30

Sept 1983 (see Gazette

1983, No. S222) (d)

s. 115: Royal Assent (d)

s. 51

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Acts

Amendment Act 1981

178, 1981 8 Dec 1981 s. 6(2): 30 Sept 1983

(see s. 2(2) and Gazette

1983, No. S222)

s. 8 and Part III (ss. 12–

18): 15 Aug 1983 (see

Gazette 1983, No. S169)

s. 10: 3 July 1985 (see s.

2(4) and Gazette 1985,

No. S255)

Remainder: Royal

Assent

ss. 4(2) and 7(2)

Statute Law

(Miscellaneous

Amendments) Act

(No. 2) 1982

80, 1982 22 Sept

1982

Part XXVIII

(ss. 79–81): 20 Oct 1982

(e)

—

Defence Force

(Miscellaneous

Provisions) Act 1982

153, 1982 31 Dec

1982

3 July 1985 (see s. 2 and

Gazette 1985, No. S255)

ss. 86, 90 and 96

as amended by

Defence Legislation

Amendment Act 1984

164, 1984 25 Oct

1984

(see 164, 1984 below) —

Statute Law

(Miscellaneous

Provisions) Act (No. 1)

1983

39, 1983 20 June

1983

s. 3: (f) s. 7(1) and (2)

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Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Legislation

Amendment Act 1984

164, 1984 25 Oct

1984

ss. 1, 2, 16–19, Part XIV

(ss. 115, 116) and s. 120:

Royal Assent

ss. 23–70 and

72–78: 3 July 1985 (see

s. 2(4) and Gazette 1985,

No. S255)

s. 71: 31 Dec 1982 (see

s. 2(3))

ss. 82, 83, 85 and 87–89:

1 July 1983

ss. 84 and 86: 1 Oct

1972

Part XI (ss. 108, 109): 1

Jan 1985

Part XV (ss.

117–119): 1 Aug 1984

(see s. 2(8) and Gazette

1984, No. S292)

s. 121: 1 Jan 1982

Remainder: 22 Nov 1984

ss. 120(2), (3) and

122

Statute Law

(Miscellaneous

Provisions) Act (No. 2)

1984

165, 1984 25 Oct

1984

s. 3: 22 Nov 1984 (g) s. 6(1)

Statute Law

(Miscellaneous

Provisions) Act (No. 1)

1985

65, 1985 5 June 1985 s. 3: (h) —

as amended by

Defence Legislation

Amendment Act 1990

75, 1990 22 Oct

1990

(see 75, 1990 below) —

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 295

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law

(Miscellaneous

Provisions) Act (No. 2)

1985

193, 1985 16 Dec

1985

s. 3: Royal Assent (i) s. 16

Statute Law

(Miscellaneous

Provisions) Act (No. 1)

1986

76, 1986 24 June

1986

s. 3: Royal Assent (j) s. 9

Sex Discrimination

(Consequential

Amendments) Act 1986

163, 1986 18 Dec

1986

15 Jan 1987 —

Defence Legislation

Amendment Act 1987

65, 1987 5 June 1987 ss. 1–3, 9, 10, 13(1), 23–

25, 26(1), 27, 29, 31, 33–

36, 42–45, 48, 49, 52–

58, 61(1), 62, 69(1),

Parts IX and X (ss. 71–

78): Royal Assent

ss. 37(1) and Part VI

(ss. 50, 51): 10 Nov

1977 (see

s. 2(3))

ss. 37(2) and

38–41: 3 July 1985

ss. 46 and 47: 19 June

1973 (see s. 2(2))

Remainder: 1 July 1988

(see Gazette 1988, No.

S173)

s. 16(2)–(5)

Defence

(Superannuation Interim

Arrangement)

Amendment Act 1988

67, 1988 15 June

1988

15 June 1988 —

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Endnotes

Endnote 3—Legislation history

296 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Commonwealth

Employees’

Rehabilitation and

Compensation Act 1988

75, 1988 24 June

1988

ss. 1 and 2: Royal Assent

ss. 4(1), 68–97, 99 and

100: 1 July 1988 (see

Gazette 1988, No. S196)

Remainder: 1 Dec 1988

(see Gazette 1988, No.

S196)

—

Industrial Relations

(Consequential

Provisions) Act 1988

87, 1988 8 Nov 1988 ss. 1 and 2: Royal Assent

Remainder: 1 Mar 1989

(see s. 2(2) and Gazette

1989, No. S53)

—

Statutory Instruments

(Tabling and

Disallowance)

Legislation Amendment

Act 1988

99, 1988 2 Dec 1988 2 Dec 1988 —

Defence Legislation

Amendment Act 1988

100, 1988 2 Dec 1988 s. 5: 1 July 1988 (see s.

2(2) and Gazette 1988,

No. S173)

s. 16: 1 July 1988 (see s.

2(3) and Gazette 1988,

No. S173)

Remainder: Royal

Assent

—

Defence Legislation

Amendment Act (No. 2)

1988

104, 1988 6 Dec 1988 s. 18: 1 Sept 1989 (see

Gazette 1989, No. S268)

s. 25: 1 Oct 1972

ss. 29 and 36:

1 July 1978

Part IX (ss. 52, 53): 18

Dec 1987

Remainder: Royal

Assent

ss. 9(2) and 16(2)

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 297

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

as amended by

Defence Legislation

Amendment Act 1989

41, 1989 2 June 1989 (see 41, 1989 below) —

Defence Legislation

Amendment Act 1989

41, 1989 2 June 1989 ss. 4 and 5: 2 May 1989

s. 7: 6 Dec 1988

s. 8: 1 Sept 1989 (see s.

2(4) and Gazette 1989,

No. S268)

Remainder: Royal

Assent

—

Defence Legislation

Amendment Act 1990

75, 1990 22 Oct

1990

s. 3: (k) —

Industrial Relations

Legislation Amendment

Act (No. 2) 1990

108, 1990 18 Dec

1990

ss. 8, 13 and 21: 1 Feb

1991 (see s. 2(4) and

Gazette 1991, No. S18)

ss. 22–24: 1 Mar 1989

s. 26: 1 Jan 1990

s. 33: 25 Mar 1991 (see

Gazette 1991, No. S73)

Remainder: Royal

Assent

—

Defence Legislation

Amendment Act (No. 2)

1990

21, 1991 5 Feb 1991 ss. 10–13 and

16–18: 1 July 1990

Remainder: Royal

Assent

—

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Endnotes

Endnote 3—Legislation history

298 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Industrial Relations

Legislation Amendment

Act (No. 2) 1991

62, 1991 30 May

1991

ss. 1 and 2: Royal Assent

s. 3 (Schedule, Part 1 [in

part] and Part 2): 2 July

1991 (see Gazette 1991,

No. S182)

s. 3 (Schedule, Part 3 [in

part]): 1 Aug 1991 (see

Gazette 1991, No. S210)

s. 3 (Schedule, Part 5): 1

Sept 1991 (see Gazette

1991, No. S239)

Remainder: 30 Nov 1991

—

Defence Legislation

Amendment Act 1992

91, 1992 30 June

1992

ss. 13 and 14: 1 Sept

1992 (see Gazette 1992,

No. S211)

Remainder: Royal

Assent

—

Superannuation

Guarantee

(Consequential

Amendments) Act 1992

92, 1992 30 June

1992

1 July 1992 —

Defence Legislation

Amendment Act 1993

95, 1993 22 Dec

1993

22 Dec 1993 s. 5(2)

Industrial Relations and

Other Legislation

Amendment Act 1993

109, 1993 22 Dec

1993

ss. 1, 2 and 58: Royal

Assent

s. 32: 5 Jan 1994

s. 34: 6 Sept 1991

s. 47: 24 Dec 1992

Remainder: 19 Jan 1994

—

Evidence (Transitional

Provisions and

Consequential

Amendments) Act 1995

3, 1995 23 Feb

1995

s. 14: Royal Assent (l)

s. 27: 18 Apr 1995 (l)

s. 14

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 299

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Legislation

Amendment Act 1995

43, 1995 15 June

1995

Schedule 1 (items 1, 2,

4–10, 11.1, 11.2): 1 Nov

1995 (see Gazette 1995,

No. S361) (m)

Schedule 1 (items 3,

11.3): Royal Assent (m)

s. 3(2), Sch. 1

(item 11)

Industrial Relations and

other Legislation

Amendment Act 1995

168, 1995 16 Dec

1995

ss. 1–12, Schedules 5

and 7–10: Royal Assent

s. 13: 13 Jan 1996

Remainder: 15 Jan 1996

(see Gazette 1996, No.

S16)

—

Statute Law Revision

Act 1996

43, 1996 25 Oct

1996

Schedule 4 (items 58–

62): Royal Assent (n)

—

Workplace Relations and

Other Legislation

Amendment Act 1996

60, 1996 25 Nov

1996

Schedule 19 (item 17):

Royal Assent (o)

—

as amended by

Workplace Relations

and Other Legislation

Amendment Act

(No. 2) 1996

77, 1996 19 Dec

1996

Schedule 3 (items 1, 2):

(p)

—

Defence Legislation

Amendment Act (No. 1)

1997

1, 1997 19 Feb

1997

Schedules 1 and 3: 30

Apr 1997 (see Gazette

1997, No. S91)

Remainder: Royal

Assent

—

Superannuation

Legislation Amendment

(Superannuation

Contributions Tax) Act

1997

187, 1997 7 Dec 1997 Schedule 8: Royal

Assent (q)

—

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Endnotes

Endnote 3—Legislation history

300 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Tax Law Improvement

Act (No. 1) 1998

46, 1998 22 June

1998

Schedule 2 (items 532–

538): Royal Assent (r)

—

Defence Legislation

Amendment Act (No. 1)

1999

116, 1999 22 Sept

1999

Schedule 1 and

Schedule 2 (items 1–12):

22 Mar 2000 (s)

Schedule 3 (item 1):

Royal Assent (s)

Sch. 2 (item 12)

Human Rights

Legislation Amendment

Act (No. 1) 1999

133, 1999 13 Oct

1999

ss. 1–3 and 21: Royal

Assent

s. 22 and Schedule 1

(items 53 and 60): 10

Dec 1999 (see Gazette

1999, S598)

Remainder: 13 Apr 2000

ss. 4–22

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov

1999

Schedule 1 (items 362–

367): 5 Dec 1999 (see

Gazette 1999, No. S584)

(t)

—

A New Tax System (Tax

Administration) Act

1999

179, 1999 22 Dec

1999

Schedule 11 (items 11,

12): 1 July 2000 (u)

Sch. 11 (item 12)

Defence Legislation

Amendment (Flexible

Career Practices) Act

2000

113, 2000 5 Sept 2000 5 Mar 2001 s. 4

Defence Legislation

Amendment (Aid to

Civilian Authorities) Act

2000

119, 2000 12 Sept

2000

12 Sept 2000 —

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 301

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Criminal Code

Amendment (Theft,

Fraud, Bribery and

Related Offences) Act

2000

137, 2000 24 Nov

2000

ss. 1–3 and Schedule 1

(items 1, 4, 6, 7,

9–11, 32): Royal Assent

Remainder: 24 May

2001

Sch. 2 (items 418,

419)

Defence Legislation

Amendment

(Enhancement of the

Reserves and

Modernisation) Act 2001

10, 2001 22 Mar

2001

Schedule 2 (items 12–15,

19, 27–31, 67, 68,

75–77): 22 Mar 2002

Schedule 3: 19 Apr 2001

(see s. 2(4))

Schedule 4: Royal

Assent

Remainder: 19 Apr 2001

Sch. 1 (item 3),

Sch. 2 (items

88–90,

93–95), Sch. 3

(item 7) and

Sch. 4 (item 3)

New Business Tax

System (Capital

Allowances—

Transitional and

Consequential) Act 2001

77, 2001 30 June

2001

Schedule 2 (item 19):

Royal Assent (v)

Sch 2

(item 488(1))

as amended by

Taxation Laws

Amendment Act

(No. 5) 2002

119, 2002 2 Dec 2002 Sch 3 (item 97): 30 June

2001 (s 2(1) item 9)

—

Defence Legislation

Amendment

(Application of Criminal

Code) Act 2001

141, 2001 1 Oct 2001 s 4: 1 Oct 2001 (s 2(1))

Sch 1 (items 5–36): 15

Dec 2001 (s 2(2))

s 4 and Sch 1

(item 36)

as amended by

Defence Legislation

Amendment Act 2003

135, 2003 17 Dec

2003

Sch 2 (item 28): 1 Oct

2001 (s 2(1) item 9)

—

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Endnotes

Endnote 3—Legislation history

302 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Taxation Laws

Amendment

(Superannuation) Act

(No. 2) 2002

51, 2002 29 June

2002

Schedule 1 (item 169):

1 July 2003

Schedule 1

(item 202(1)): Royal

Assent

Sch. 1

(item 202(1))

Workplace Relations

Legislation Amendment

Act 2002

127, 2002 11 Dec

2002

Schedule 3 (items 1–14):

Royal Assent

—

Defence Legislation

Amendment Act 2003

135, 2003 17 Dec

2003

Sch 2 (items 12–15, 20,

25): 17 June 2004 (s 2(1)

items 3, 5, 7)

Sch 2 (items 16–19): 14

Jan 2004 (s 2(1) item 4)

Sch 2 (items 21–24): 17

Dec 2003 (s 2(1) item 6)

Sch 2 (item 25)

Military Rehabilitation

and Compensation

(Consequential and

Transitional Provisions)

Act 2004

52, 2004 27 Apr

2004

Schedule 3 (item 14):

1 July 2004 (see s. 2)

—

Superannuation

Legislation Amendment

(Family Law and Other

Matters) Act 2004

58, 2004 4 May 2004 Schedule 1: 18 May

2004

Remainder: Royal

Assent

s. 4

Bankruptcy Legislation

Amendment Act 2004

80, 2004 23 June

2004

Schedule 1 (items 195,

212, 213, 215): 1 Dec

2004 (see Gazette 2004,

No. GN34)

Sch. 1 (items 212,

213, 215)

Defence Amendment

Act 2005

26, 2005 21 Mar

2005

21 Mar 2005 —

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 303

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Legislation

Amendment Act (No. 1)

2005

121, 2005 6 Oct 2005 Sch 2: 6 Oct 2005 (s 2(1)

item 2)

Sch 5 (items 1–9): 1 Jan

2005 (s 2(1) item 3)

—

Defence Legislation

Amendment Act (No. 2)

2005

142, 2005 12 Dec

2005

Sch 2 (items 1, 2, 5–7):

12 Dec 2006 (s 2(1)

items 10, 12)

Sch 2 (items 3, 4):

12 June 2006 (s 2(1)

item 11)

Sch 2 (items 6, 7)

Defence Legislation

Amendment (Aid to

Civilian Authorities) Act

2006

3, 2006 1 Mar 2006 2 Mar 2006 (s 2) —

Tax Laws Amendment

(Repeal of Inoperative

Provisions) Act 2006

101, 2006 14 Sept

2006

Sch 2 (item 46) and

Sch 6 (items 1, 6–11): 14

Sept 2006 (s 2(1) 2, 4)

Sch 6 (items 1,

6–11)

Defence Legislation

Amendment Act 2006

159, 2006 11 Dec

2006

Sch 1: 1 Oct 2007 (s 2(1)

item 2)

Remainder: 11 Dec 2006

(s 2(1) item 3)

Sch 1 (item 256)

Statute Law Revision

Act 2007

8, 2007 15 Mar

2007

Sch 1 (item 4): 15 Dec

2001 (s 2(1) item 5)

—

Defence Legislation

Amendment Act 2008

6, 2008 20 Mar

2008

Sch 7 (item 37): 20 Mar

2008 (s 2(1) item 8)

Sch 7 (item 38): 11 Dec

2006 (s 2(1) item 9)

—

Defence Legislation

(Miscellaneous

Amendments) Act 2009

18, 2009 26 Mar

2009

Sch 2: 26 Sept 2009 (s

2(1) item 3)

—

Defence Legislation

Amendment Act (No. 1)

2009

46, 2009 24 June

2009

Sch 1: 1 July 2009 (s

2(1) item 2)

—

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Endnotes

Endnote 3—Legislation history

304 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Fair Work (State

Referral and

Consequential and Other

Amendments) Act 2009

54, 2009 25 June

2009

Sch 8 (items 91–97,

159): 1 July 2009 (s 2(1)

items 24, 30)

Sch 8 (item 159)

Disability

Discrimination and

Other Human Rights

Legislation Amendment

Act 2009

70, 2009 8 July 2009 Sch 3 (items 19–21):

5 Aug 2009 (s 2(1)

item 7)

—

Military Justice (Interim

Measures) Act (No. 1)

2009

91, 2009 22 Sept

2009

Sch 1 (items 177–181):

22 Sept 2009 (s 2)

Sch 1 (item 181)

as amended by

Military Justice

(Interim Measures)

Amendment Act 2011

82, 2011 25 July

2011

25 July 2011 (s 2) —

Military Justice

(Interim Measures)

Amendment Act 2013

130, 2013 1 July 2013 Sch 1 (items 3, 7 and 8):

22 Sept 2009 (s 2(1)

items 3, 5)

Remainder: 1 July 2009

(s 2(1) items 1, 2, 4, 6)

—

Defence Legislation

(Enhancement of

Military Justice) Act

2015

106, 2015 30 June

2015

Sch 3 (items 1–9): 1 July

2015 (s 2)

—

Crimes Legislation

Amendment (Serious

and Organised Crime)

Act (No. 2) 2010

4, 2010 19 Feb

2010

Sch 11 (item 7): 20 Feb

2010 (s 2(1) item 13)

—

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 305

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Defence Legislation

Amendment Act (No. 1)

2010

95, 2010 5 July 2010 Sch 1: 5 Jan 2011 (s 2(1)

item 2)

Sch 2: 5 July 2010

(s 2(1) item 3)

Sch 3: 2 Aug 2010

(s 2(1) item 4)

Sch 1 (items 2–5),

Sch 2 (item 9) and

Sch 3 (item 5)

Statute Law Revision

Act 2011

5, 2011 22 Mar

2011

Sch 5 (items 90, 91),

Sch 6 (item 33) and

Sch 7 (item 47): 19 Apr

2011 (s 2(1) items 13,

15, 18)

—

Defence Legislation

Amendment (Security of

Defence Premises) Act

2011

19, 2011 12 Apr

2011

Sch 1 (items 1–3, 5):

12 Oct 2011 (s 2(1)

item 2)

—

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Sch 2 (items 487–509)

and Sch 3 (items 10, 11):

27 Dec 2011 (s 2(1)

items 2, 3, 12)

Sch 3 (items 10,

11)

Superannuation

Legislation

(Consequential

Amendments and

Transitional Provisions)

Act 2011

58, 2011 28 June

2011

Sch 1 (item 35): 1 July

2011 (s 2(1) item 2)

—

Defence Legislation

Amendment Act 2011

183, 2011 6 Dec 2011 Sch 1 (items 17–35):

1 Mar 2012 (s 2(1)

item 2)

—

Fair Work Amendment

Act 2012

174, 2012 4 Dec 2012 Sch 9 (items 1268–

1278): 1 Jan 2013

—

Privacy Amendment

(Enhancing Privacy

Protection) Act 2012

197, 2012 12 Dec

2012

Sch 5 (items 28, 29): 12

Mar 2014 (s 2(1) item 3)

Sch 6 (items 1,

15-19)

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Endnotes

Endnote 3—Legislation history

306 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law Revision

Act (No. 1) 2014

31, 2014 27 May

2014

Sch 1 (item 20): 24 June

2014 (s 2(1) item 2)

—

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 8 (items 99, 100)

and Sch 14: 1 July 2014

(s 2(1) items 6, 14)

Sch 14

as amended by

Public Governance

and Resources

Legislation

Amendment Act

(No. 1) 2015

36, 2015 13 Apr

2015

Sch 2 (item 7–9) and Sch

7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and

Instruments

(Framework

Reform)

(Consequential

Provisions) Act

2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

—

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 495): 5 Mar

2016 (s 2(1) item 2)

—

Defence Legislation

Amendment (Woomera

Prohibited Area) Act

2014

95, 2014 8 Aug 2014 Sch 1 (items 1–4): 9 Aug

2014 (s 2)

—

Statute Law Revision

Act (No. 1) 2015

5, 2015 25 Feb

2015

Sch 3 (items 217–295):

25 Mar 2015 (s 2(1)

item 10)

—

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 307

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Acts and Instruments

(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 1 (items 118–123,

166–179): 5 Mar 2016

(s 2(1) item 2)

Sch 1 (items 166–

179)

as amended by

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 3 (item 1): 5 Mar

2016 (s 2(1) item 8)

—

Defence Legislation

Amendment (Military

Justice Enhancements—

Inspector-General ADF)

Act 2015

46, 2015 20 May

2015

Sch 1: 17 June 2015

(s 2(1) item 2)

Remainder: 20 May

2015 (s 2(1) item 1)

Sch 1 (items 13–

15)

Norfolk Island

Legislation Amendment

Act 2015

59, 2015 26 May

2015

Sch 1 (item 96): 18 June

2015 (s 2(1) item 2)

Sch 1 (items 184–203):

27 May 2015 (s 2(1)

item 3)

Sch 1 (items 184–

203)

Tribunals Amalgamation

Act 2015

60, 2015 26 May

2015

Sch 8 (item 19) and Sch

9: 1 July 2015 (s 2(1)

items 19, 22)

Sch 9

Defence Legislation

(Enhancement of

Military Justice) Act

2015

106, 2015 30 June

2015

Sch 2 (items 1–8): 1 July

2015 (s 2)

—

Defence Legislation

Amendment

(Superannuation and

ADF Cover) Act 2015

120, 2015 10 Sept

2015

Sch 1 (items 1, 2, 64–

66): 11 Sept 2015 (s 2(1)

item 2)

Sch 2 (items 3, 4): 1 July

2016 (s 2(1) item 3)

Sch 1 (items 64–

66)

Defence Legislation

Amendment (First

Principles) Act 2015

164, 2015 2 Dec 2015 Sch 1: 1 July 2016

(s 2(1) item 2)

Sch 1 (items 63–

68)

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Endnotes

Endnote 3—Legislation history

308 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Veterans’ Affairs

Legislation Amendment

(2015 Budget Measures)

Act 2015

174, 2015 11 Dec

2015

Sch 3: 12 Dec 2015

(s 2(1) item 4)

—

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb

2016

Sch 1 (item 19) and Sch

4 (items 1, 113–119,

363, 364): 10 Mar 2016

(s 2(1) items 2, 6)

—

Statute Update Act 2016 61, 2016 23 Sept

2016

Sch 1 (items 194–213)

and Sch 2 (item 19):

21 Oct 2016 (s 2(1)

item 1)

—

(a) By section 2 of the Defence Act 1915 (No. 3, 1915), section 7 of the Defence

Act 1914 (No. 36, 1914) is deemed to have commenced on 1 August 1914.

(b) The Defence Act 1903 was amended by sections 3–61 only of the Defence

Force Re-organization Act 1975, section 2 of which provides as follows:

2. This Part shall come into operation on the day on which this Act receives

the Royal Assent, and the remaining provisions of this Act shall come

into operation on such date as is, or such respective dates as are, fixed by

Proclamation.

(c) The Defence Amendment Act 1979 was amended by Part XXIX (sections 82

and 83) only of the Statute Law (Miscellaneous Amendments) Act (No. 2)

1982, subsection 2(16) of which provides as follows:

(16) The remaining provisions of this Act shall come into operation on the

twenty-eighth day after the day on which this Act receives the Royal

Assent.

(d) The Defence Act 1903 was amended by Part X (sections 26–51) and

section 115 only of the Statute Law Revision Act 1981, subsections 2(1) and

(2) of which provide as follows:

(1) Subject to this section, this Act shall come into operation on the day on

which it receives the Royal Assent.

(2) Parts III, X and XV and section 116 shall come into operation on a date

to be fixed by Proclamation.

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Endnotes

Endnote 3—Legislation history

Defence Act 1903 309

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(e) The Defence Act 1903 was amended by Part XXVIII (sections 79–81) only of

the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982,

subsection 2(16) of which provides as follows:

(16) The remaining provisions of this Act shall come into operation on the

twenty-eighth day after the day on which this Act receives the Royal

Assent.

(f) The Defence Act 1903 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(7) of which

provides as follows:

(7) The amendments of the Defence Act 1903 made by this Act shall:

(a) in the case of the repeal of section 69 of that Act—come into

operation, or be deemed to have come into operation, as the case

requires, on the commencement of section 38 of the Defence Force

Re-organization Act 1975;

(b) in the case of the amendment of section 116D of that Act—come

into operation on the twenty-eighth day after the day on which this

Act receives the Royal Assent or, if the day fixed under

subsection 2(3) of the Defence Acts Amendment Act 1981 is a later

day, on that later day; and

operation on the twenty-eighth day after the day on which this Act

receives the Royal Assent.

In pursuance of section 38 of the Defence Force Re-organization Act 1975,

the date of commencement was 1 July 1985 (see Gazette 1985, No. S195).

In pursuance of subsection 2(3) of the Defence Acts Amendment Act 1981, the

date of commencement was 15 August 1983 (see Gazette 1983, No. S169).

In pursuance of paragraph 2(7)(c) the date of commencement was 18 July

1983.

(g) The Defence Act 1903 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act shall come into operation on the

twenty-eighth day after the day on which it receives the Royal Assent.

(h) The Defence Act 1903 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 1) 1985, subsections 2(1) and (15) of

which provide as follows:

(1) Subject to this section, this Act shall come into operation on the

twenty-eighth day after the day on which it receives the Royal Assent.

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Endnote 3—Legislation history

310 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

(15) The amendments of section 58B of the Defence Act 1903, the

amendment inserting proposed section 120B in that Act, and the

amendment of section 124 of that Act, made by this Act shall come into

operation on a day to be fixed by Proclamation or on such respective

days as are fixed by Proclamation.

In pursuance of subsection 2(15), the date fixed for the amendment inserting

section 120B was 1 October 1985 (see Gazette 1985, No. S400) and the date

for the amendments of sections 58B and 124 was 30 June 1990 (see Gazette

1990, No. S152).

(i) The Defence Act 1903 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on

which it receives the Royal Assent.

(j) The Defence Act 1903 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on

which it receives the Royal Assent.

(k) The Defence Act 1903 was amended by section 3 only of the Defence

Legislation Amendment Act 1990, subsections 2(1) and (2) of which provide

as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(2) Subject to subsection (3), the amendment of section 9, and the repeal of

sections 32C and 33, of the Defence Act 1903, and the repeal of

section 23 of the Naval Defence Act 1910, made by section 3 commence

on a day to be fixed by Proclamation.

In pursuance of subsection 2(2) the amendment of section 9, and the repeal of

sections 32C and 33 was 15 December 1990 (see Gazette 1990, No. S312).

(l) The Defence Act 1903 was amended by the Evidence (Transitional Provisions

and Consequential Amendments) Act 1995, subsections 2(1) and (13) of

which provide as follows:

(1) This Part and Parts 2 and 3 commence on the day on which this Act

receives the Royal Assent.

(13) Section 27 of this Act and the Schedule to this Act commence:

(a) on the day on which sections 153 and 155 of the Evidence Act 1995

commence; or

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Defence Act 1903 311

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(b) if those sections commence on different days—the first day on which

both of those sections are in force.

Sections 153 and 155 commenced on 18 April 1995.

(m) The Defence Act 1903 was amended by the Defence Legislation Amendment

Act 1995, subsections 2(1) and (2) of which provide as follows:

(1) Except as indicated in subsections (2), (3) and (4), this Act commences

on the day on which it receives the Royal Assent.

(2) Schedule 1 (except items 3 and 11.3), items 29 and 30 of Schedule 2, and

Schedule 5 commence on a day to be fixed by Proclamation.

(n) The Defence Act 1903 was amended by Schedule 4 (items 58–62) only of the

Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on

which it receives the Royal Assent.

(o) The Defence Act 1903 was amended by Schedule 19 (item 17) only of the

Workplace Relations and Other Legislation Amendment Act 1996,

subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(p) The Workplace Relations and Other Legislation Amendment Act 1996 was

amended by Schedule 3 (items 1 and 2) only of the Workplace Relations and

Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which

provides as follows:

(4) The items of Schedule 3 are taken to have commenced immediately after

the Workplace Relations and Other Legislation Amendment Act 1996

received the Royal Assent.

The Workplace Relations and Other Legislation Amendment Act 1996

received the Royal Assent on 25 November 1996.

(q) The Defence Act 1903 was amended by Schedule 8 only of the

Superannuation Legislation Amendment (Superannuation Contributions Tax)

Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to subsection (2), this Act commences on the day on which it

receives the Royal Assent.

(r) The Defence Act 1903 was amended by Schedule 2 (items 532–538) only of

the Tax Law Improvement Act (No. 1) 1998, subsections 2(1) and (2) of

which provide as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

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Endnote 3—Legislation history

312 Defence Act 1903

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(2) Schedule 2 (except item 3 of it) commences immediately after the

commencement of Schedule 1.

(s) The Defence Act 1903 was amended by Schedule 1, Schedule 2 (items 1–11)

and Schedule 3 (item 1) only of the Defence Legislation Amendment Act

(No. 1) 1999, subsections 2(1) and (3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(3) If an item in Schedule 1 or 2 does not commence under subsection (2)

within the period of 6 months beginning on the day on which this Act

receives the Royal Assent, it commences on the first day after the end of

that period.

(t) The Defence Act 1903 was amended by Schedule 1 (items 362–367) only of

the Public Employment (Consequential and Transitional) Amendment Act

1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service

Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(u) The Defence Act 1903 was amended by Schedule 11 (item 11) only of the A

New Tax System (Tax Administration) Act 1999, subsection 2(9)(b) of which

provides as follows:

(9) The following provisions commence on 1 July 2000:

(b) Schedule 11 (other than item 44).

(v) The Defence Act 1903 was amended by Schedule 2 (item 19) only of the New

Business Tax System (Capital Allowances—Transitional and Consequential)

Act 2001, subsection 2(1) of which provides as follows:

(1) Subject to subsection (2), this Act commences on the day on which it

receives the Royal Assent.

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Endnote 4—Amendment history

Defence Act 1903 313

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Endnote 4—Amendment history

Provision affected How affected

Title ...............................................am. No. 96, 1975; No. 4, 1977

Part I

s. 2 .................................................am. No. 15, 1909; No. 37, 1910; No. 5, 1912; No. 74, 1939; No. 19, 1951

rs. No. 92, 1964

am. No. 51, 1965

rep. No. 216, 1973

s. 4 .................................................am. No. 12, 1904; No. 30, 1910; No. 36, 1917; No. 16, 1918; Nos. 13 and

74, 1939; No. 71, 1949; No. 59, 1951; No. 72, 1956; No. 92, 1964;

No. 51, 1965; No. 216, 1973; No. 96, 1975; No. 4, 1977; No. 132, 1979;

No. 61, 1981; Nos. 80 and 153, 1982; No. 164, 1984; No. 65, 1987;

No. 104, 1988; No. 91, 1992; No. 1, 1997; No. 10, 2001; No. 142, 2005;

Nos. 5 and 183, 2011; No 106, 2015; No 164, 2015

s. 5 .................................................rs. No. 19, 1951

am. No. 92, 1964; No. 216, 1973; No. 96, 1975; No. 132, 1979; No. 153,

1982; No 164, 2015

s. 5A ..............................................ad. No. 13, 1939

am. No. 80, 1950; No. 59, 1951; No. 216, 1973

rs. No. 96, 1975

s. 6 .................................................am. No. 96, 1975

rep. No. 153, 1982

ad. No. 141, 2001

Part II

Part II.............................................rs No 164, 2015

Division 1 heading.........................rep. No. 37, 1910

ad. No. 43, 1995

rep. No. 10, 2001

s. 8 .................................................am. No. 12, 1904; No. 30, 1910

rs. No. 13, 1939

am. No. 92, 1964

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Endnote 4—Amendment history

314 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rs. No. 96, 1975

am. No. 164, 1984; No. 1, 1997

rs No 164, 2015

s. 8A ..............................................ad. No. 36, 1917

rep. No. 92, 1964

s. 9 .................................................rs. No. 12, 1904

am. No. 30, 1910

rs. No. 96, 1975

am. No. 164, 1984; No. 75, 1990; No. 1, 1997; No 5, 2015

rs No 164, 2015

s. 9A ..............................................ad. No. 33, 1970

rs. No. 96, 1975

am. No. 4, 1977; No. 153, 1982; No. 164, 1984; No. 1, 1997; No. 26,

2005

rep No 164, 2015

s. 9AA ...........................................ad. No. 104, 1988

rep No 164, 2015

s. 9B...............................................ad. No. 96, 1975

am. No. 132, 1979; No. 164, 1984; No. 104, 1988; No. 43, 1996; No. 1,

1997

rep No 164, 2015

s. 9BA............................................ad. No. 43, 1995

am. No. 10, 2001

rep No 164, 2015

s. 9C...............................................ad. No. 132, 1979

am. No. 164, 1984; No. 104, 1988; No. 43, 1995; No. 1, 1997; No. 46,

2011; No 5, 2015

rep No 164, 2015

Division 2 heading.........................rep. No. 37, 1910

ad. No. 43, 1995

rep. No. 10, 2001

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Endnote 4—Amendment history

Defence Act 1903 315

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

Division 2 ......................................rep. No. 10, 2001

s. 10 ...............................................rs. No. 92, 1964

am. No. 96, 1975; No. 132, 1979; No. 39, 1983

rep. No. 10, 2001

ad No 164, 2015

s. 10A ............................................ad. No. 92, 1964

rs. No. 51, 1965

am. No. 96, 1975; No. 61, 1981; No. 39, 1983; No. 65, 1987; No. 43,

1995

rep. No. 10, 2001

s. 10B.............................................ad. No. 92, 1964

am. No. 96, 1975

rep. No. 153, 1982

ad. No. 43, 1995

am. No. 1, 1997; No. 116, 1999; No. 113, 2000

rep. No. 10, 2001

s. 10C.............................................ad. No. 92, 1964

am. No. 96, 1975; No. 178, 1981; No. 153, 1982 (as am. by No. 164,

1984)

rs. No. 39, 1983

am. No. 1, 1997; No. 113, 2000

rep. No. 10, 2001

s. 11 ...............................................am. No. 132, 1979

rep. No. 153, 1982

ad No 164, 2015

s. 11A ............................................ad. No. 15, 1909

am. No. 30, 1910; No. 36, 1914; No. 59, 1951

rep. No. 92, 1964

s. 12 ...............................................am. No. 96, 1975; No. 4, 1977

rep. No. 65, 1985

ad No 164, 2015

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Endnote 4—Amendment history

316 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 13 ...............................................am. No. 96, 1975; No. 4, 1977; No. 153, 1982

rep. No. 10, 2001

ad No 164, 2015

s. 14 ...............................................am. No. 30, 1910

rep. No. 92, 1964

ad No 164, 2015

s. 15 ...............................................am. No. 36, 1914; No. 36, 1917

rep. No. 92, 1964

ad No 164, 2015

s. 16 ...............................................am. No. 96, 1975; No. 132, 1979; No. 76, 1986; No. 43, 1995; No. 1,

1997

rep. No. 10, 2001

ad No 164, 2015

s. 16A ............................................ad. No. 36, 1914

rs. No. 71, 1949

am. No. 96, 1975

rep. No. 153, 1982

Part III

Part III ...........................................rs No 164, 2015

Division 1

s. 17 ...............................................am. No. 37, 1910; No. 71, 1949; No. 19, 1951

rs. No. 92, 1964

am. No. 51, 1965

rs. No. 96, 1975

am. No. 4, 1977; No. 39, 1983; No. 65, 1987; Nos. 100 and 104, 1988;

No. 1, 1997; No. 113, 2000

rep. No. 10, 2001

ad No 164, 2015

s. 18 ...............................................rs. No. 12, 1904

am. No. 30, 1910; No. 96, 1975

rep. No. 10, 2001

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Defence Act 1903 317

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

ad No 164, 2015

Division 3 heading.........................ad. No. 43, 1995

rep. No. 10, 2001

Division 3 ......................................rep. No. 10, 2001

s. 19 ...............................................rs. No. 12, 1904

am. No. 30, 1910

rs. No. 92, 1964

am. No. 96, 1975

rep. No. 75, 1990

ad. No. 43, 1995

am. No. 1, 1997

rep. No. 10, 2001

ad No 164, 2015

s. 20 ...............................................am. No. 30, 1910; No. 47, 1918

rep. No. 92, 1964

ad. No. 43, 1995

am. No. 116, 1999

rep. No. 10, 2001

ad No 164, 2015

s. 20A ............................................ad. No. 47, 1918

am. No. 96, 1975

rep. No. 153, 1982

s. 21 ...............................................am. No. 30, 1910; No. 71, 1949

rep. No. 92, 1964

ad. No. 43, 1995

rep. No. 10, 2001

ad No 164, 2015

s. 21A ............................................ad. No. 37, 1910

am. No. 5, 1912; No. 36, 1914; No. 71, 1949

rep. No. 92, 1964

s. 21B.............................................ad. No. 37, 1910

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Endnote 4—Amendment history

318 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 36, 1914

rep. No. 92, 1964

Division 2

s. 22 ...............................................rs. No. 36, 1917

rep. No. 92, 1964

ad. No. 43, 1995

rep. No. 10, 2001

ad No 164, 2015

s. 23 ...............................................am. No. 30, 1910

rep. No. 96, 1975

ad. No. 43, 1995

am. No. 116, 1999

rep. No. 10, 2001

ad No 164, 2015

s. 24 ...............................................am. No. 92, 1964; No. 96, 1975

rep. No. 61, 1981

ad. No. 43, 1995

rep. No. 10, 2001

ad No 164, 2015

s. 25 ...............................................am. No. 96, 1975

rep. No. 61, 1981

ad. No. 43, 1995

am. No. 1, 1997

rep. No. 10, 2001

ad No 164, 2015

s. 25A ............................................ad. No. 43, 1995

rep. No. 10, 2001

s. 25B.............................................ad. No. 43, 1995

am. No. 1, 1997; No. 116, 1999

rep. No. 10, 2001

s. 25C.............................................ad. No. 43, 1995

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Endnote 4—Amendment history

Defence Act 1903 319

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 1, 1997; No. 116, 1999

rep. No. 10, 2001

s. 25D ............................................ad. No. 43, 1995

am. No. 1, 1997

rs. No. 116, 1999

rep. No. 10, 2001

s. 25E.............................................ad. No. 43, 1995

rep. No. 10, 2001

s. 26 ...............................................am. No. 96, 1975; No. 61, 1981; No. 39, 1983; No. 1, 1997

rep. No. 10, 2001

ad No 164, 2015

s. 27 ...............................................am. No. 96, 1975; No. 132, 1979; No. 39, 1983; No. 43, 1995

rep. No. 10, 2001

ad No 164, 2015

Division 3A ...................................ad. No. 1, 1997

rep. No. 10, 2001

s. 27AA..........................................ad. No. 1, 1997

am. No. 113, 2000

rep. No. 10, 2001

Division 4 heading.........................ad. No. 43, 1995

rep. No. 10, 2001

s. 27A ............................................ad. No. 43, 1995

rep. No. 10, 2001

Division 3

s. 28 ...............................................rs. No. 12, 1904

am. No. 30, 1910; No. 96, 1975

rs No 164, 2015

s. 29 ...............................................rep. No. 37, 1910

ad No 164, 2015

s. 30 ...............................................am. No. 74, 1939

rs. No. 92, 1964; No. 96, 1975

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320 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rep No 164, 2015

s. 31 ...............................................am. No. 15, 1909; Nos. 30 and 37, 1910; No. 5, 1912; No. 36, 1914;

No. 3, 1915; No. 36, 1917; No. 16, 1918; Nos. 70 and 74, 1939

rs. No. 71, 1949

am. No. 80, 1950; No. 59, 1951

rs. No. 92, 1964

am. No. 96, 1975; No. 132, 1979; No. 61, 1981

rs. No. 10, 2001

rep No 164, 2015

s. 32 ...............................................rs. No. 15, 1909

rep. No. 30, 1910

ad. No. 92, 1964

am. No. 51, 1965; No. 96, 1975; No. 132, 1979; No. 61, 1981; No. 65,

1987; No. 1, 1997

rs. No. 10, 2001

rep No 164, 2015

s. 32A ............................................ad. No. 15, 1909

am. No. 71, 1949; Nos. 19 and 59, 1951

rs. No. 51, 1965

am. No. 96, 1975; No. 132, 1979

rs. No. 61, 1981

am. No. 65, 1987; No. 1, 1997

rs. No. 10, 2001

rep No 164, 2015

s. 32B.............................................ad. No. 96, 1975

rep No 164, 2015

s. 32C.............................................ad. No. 39, 1983

am. No. 164, 1984

rep. No. 75, 1990

Division 2 heading.........................am. No. 96, 1975

rs. No. 10, 2001

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Endnote 4—Amendment history

Defence Act 1903 321

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rep No 164, 2015

s. 33 ...............................................rs. No. 92, 1964

am. No. 96, 1975; No. 4, 1977

rep. No. 75, 1990

s. 34 ...............................................rep. No. 45, 1934

ad. No. 92, 1964

am. No. 96, 1975

rep No 164, 2015

s. 35 ...............................................am. No. 5, 1912; No. 19, 1951

rs. No. 92, 1964

rep. No. 104, 1988

s. 35A ............................................ad. No. 59, 1951

am. No. 216, 1973

rep. No. 96, 1975

s. 36 ...............................................am. No. 15, 1909; No. 30, 1910; No. 36, 1917; No. 72, 1956; No. 92,

1964; No. 96, 1975; No. 39, 1983

rs. No. 65, 1987

rep. No. 10, 2001

s. 37 ...............................................am. No. 30, 1910

rs. No. 92, 1964

am. No. 96, 1975

rs. No. 65, 1987

rep. No. 10, 2001

s. 37A ............................................ad. No. 113, 2000

rep. No. 10, 2001

s. 38 ...............................................rep. No. 92, 1964

ad. No. 65, 1987

rep. No. 10, 2001

s. 39 ...............................................rs. No. 16, 1918

am. No. 71, 1949; Nos. 19 and 59, 1951; No. 92, 1964

rs. No. 51, 1965

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322 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 96, 1975; No. 4, 1977; No. 61, 1981

rs. No. 65, 1987

am. No. 100, 1988; No. 75, 1990; No. 1, 1997

rep. No. 10, 2001

s. 40 ...............................................am. No. 30, 1910; No. 16, 1918

rs. No. 71, 1949; No. 92, 1964

am. No. 132, 1979; No. 61, 1981

rs. No. 65, 1987

rep. No. 10, 2001

s. 40A ............................................ad. No. 47, 1918

am. No. 11, 1945; No. 96, 1975

rep. No. 65, 1987

s. 40B.............................................ad. No. 47, 1918

am. No. 45, 1934

rep. No. 11, 1945

s. 41 ...............................................am. No. 30, 1910; No. 16, 1918

rs. No. 71, 1949; No. 92, 1964

am. No. 51, 1965; No. 96, 1975; No. 132, 1979; No. 61, 1981

rs. No. 65, 1987

rep. No. 10, 2001

s. 42 ...............................................am. No. 30, 1910

rs. No. 92, 1964

am. No. 96, 1975

rep. No. 61, 1981

s. 42A ............................................ad. No. 36, 1917

am. No. 51, 1965; No. 96, 1975

rep. No. 65, 1987

s. 43 ...............................................am. No. 78, 1947

rs. No. 71, 1949; No. 92, 1964

rep. No. 51, 1965

s. 44 ...............................................am. No. 30, 1910

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Defence Act 1903 323

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rs. No. 36, 1917; No. 51, 1965

am. No. 96, 1975; No. 39, 1983; No. 65, 1987; No. 1, 1997

rep. No. 10, 2001

s. 44A ............................................ad. No. 1, 1997

rep. No. 10, 2001

Division 3 heading.........................am. No. 96, 1975

rep No 164, 2015

s. 45 ...............................................am. No. 36, 1917

rs. No. 92, 1964

am. No. 51, 1965; No. 132, 1979; No. 61, 1981; No. 164, 1984; No. 65,

1987; No. 1, 1997; No. 119, 2000

rs. No. 10, 2001

rep No 164, 2015

s. 46 ...............................................am. No. 15, 1909; No. 36, 1917

rs. No. 92, 1964

am. No. 51, 1965; No. 132, 1979; No. 61, 1981; No. 164, 1984

rep. No. 65, 1987

ad No 120, 2015

rep No 164, 2015

s. 47 ...............................................am. No. 36, 1917

rs. No. 92, 1964

am. No. 132, 1979

rep. No. 61, 1981

s. 48 ...............................................rep. No. 30, 1910

ad. No. 92, 1964

am. No. 132, 1979; No. 61, 1981; No. 164, 1984

rep. No. 65, 1987

s. 48A ............................................ad. No. 164, 1984

am. No. 1, 1997

rep. No. 10, 2001

s. 49 ...............................................rs. No. 92, 1964

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324 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 96, 1975; No. 61, 1981

rep. No. 153, 1982

s. 50 ...............................................am. No. 36, 1917

rs. No. 92, 1964

am. No. 132, 1979; No. 61, 1981; No. 164, 1984; No. 65, 1987; No. 1,

1997; No. 119, 2000; No. 10, 2001; No. 3, 2006; No 5, 2015

rep No 164, 2015

s. 50A ............................................ad. No. 92, 1964

am. No. 132, 1979; No. 61, 1981

rep. No. 65, 1987

s. 50B.............................................ad. No. 92, 1964

am. No. 132, 1979; No. 61, 1981; No. 164, 1984

rep. No. 65, 1987

s. 50C.............................................ad. No. 92, 1964

rs. No. 51, 1965

am. No. 96, 1975

rep No 164, 2015

Division 4 heading.........................ad. No. 65, 1987

rep No 164, 2015

Division 4 ......................................rep. No. 153, 1982

s. 50D ............................................ad. No. 92, 1964

rep. No. 61, 1981

ad. No. 65, 1987

am. No. 1, 1997

rs. No. 10, 2001

rep No 164, 2015

s. 50E.............................................ad. No. 65, 1987

am. No. 1, 1997

rs. No. 10, 2001

rep No 164, 2015

s. 50F.............................................ad. No. 65, 1987

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 325

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 1, 1997

rep. No. 10, 2001

s. 50G ............................................ad. No. 65, 1987

rep. No. 10, 2001

Part IIIAAA

Part IIIAAA heading .....................rs. No. 3, 2006

Part IIIAAA ..................................ad. No. 119, 2000

Division 1

s. 51 ...............................................am. No. 36, 1914; No. 59, 1951; No. 92, 1964; No. 61, 1981; No. 119,

2000

Renumbered s. 51B........................No. 119, 2000

s. 51 ...............................................ad. No. 119, 2000

am. No. 3, 2006; No. 46, 2011; No 59, 2015

s. 51A ............................................ad. No. 119, 2000

am. No. 3, 2006; No 164, 2015

ss. 51AA, 51AB.............................ad. No. 3, 2006

s. 51B ............................................

formerly s. 51

am. No. 119, 2000; No. 3, 2006; No 164, 2015

s. 51C.............................................ad. No. 119, 2000

am. No. 3, 2006; No 164, 2015

s. 51CA..........................................ad. No. 3, 2006

am. No. 5, 2011

s. 51CB..........................................ad. No. 3, 2006

s. 51D ............................................ad. No. 119, 2000

am. No. 3, 2006

s. 51E.............................................ad. No. 119, 2000

s. 51F.............................................ad. No. 119, 2000

am. No. 3, 2006

s. 51G ............................................ad. No. 119, 2000

am. No. 10, 2001

rs. No. 3, 2006

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Endnote 4—Amendment history

326 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

Division 2

Division 2 heading.........................rs. No. 3, 2006

s. 51H ............................................ad. No. 119, 2000

s. 51I..............................................ad. No. 119, 2000

am. No. 3, 2006

Division 2A

Division 2A ...................................ad. No. 3, 2006

ss. 51IA, 51IB................................ad. No. 3, 2006

Division 3

Subdivision A

s. 51J..............................................ad. No. 119, 2000

Subdivision B

s. 51K ............................................ad. No. 119, 2000

am. No. 3, 2006

ss. 51L–51P ...................................ad. No. 119, 2000

Subdivision C

s. 51Q ............................................ad. No. 119, 2000

am. No. 3, 2006

s. 51R.............................................ad. No. 119, 2000

s. 51S.............................................ad. No. 119, 2000

am. No. 141, 2001; No. 3, 2006; No 4, 2016

Division 3A

Division 3A ...................................ad. No. 3, 2006

Subdivision A

ss. 51SA–51SD..............................ad. No. 3, 2006

Subdivision B

s. 51SE...........................................ad. No. 3, 2006

Subdivision C

ss. 51SF–51SK ..............................ad. No. 3, 2006

Subdivision D

s 51SL............................................ad. No. 3, 2006

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Endnote 4—Amendment history

Defence Act 1903 327

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s 51SM ad. No. 3, 2006

s 51SN ad. No. 3, 2006

am No 4, 2016

Subdivision E

ss. 51SO–51SQ..............................ad. No. 3, 2006

Division 3B

Division 3B....................................ad. No. 3, 2006

ss. 51SR–51ST ..............................ad. No. 3, 2006

Division 4

Division 4 heading.........................rs. No. 3, 2006

Subdivision A

s. 51T.............................................ad. No. 119, 2000

am. No. 3, 2006; No. 19, 2011

s. 51U ............................................ad. No. 119, 2000

am. No. 3, 2006

Subdivision B

Subdivision B heading...................rs. No. 3, 2006

s. 51V ............................................ad. No. 119, 2000

am. No. 3, 2006

Subdivision C

s. 51W ...........................................ad. No. 119, 2000

am. No. 3, 2006

Division 4A

Division 4A ...................................ad. No. 3, 2006

ss. 51WA, 51WB...........................ad. No. 3, 2006

Division 5

s. 51X ............................................ad. No. 119, 2000

am. No. 3, 2006

s. 51XA..........................................ad. No. 119, 2000

am. No. 3, 2006

s. 51XB..........................................ad. No. 3, 2006

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Endnote 4—Amendment history

328 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 51Y ............................................ad. No. 119, 2000

Part IIIAA

Part IIIAA heading ........................am. No. 95, 1993

rs No 120, 2015

Part IIIAA......................................ad. No. 67, 1988

s. 52 ...............................................rep. No. 92, 1964

ad. No. 67, 1988

am. No. 92, 1992; No. 95, 1993; No. 10, 2001; No. 51, 2002; No. 58,

2004; No. 121, 2005; No 10, 2015; No 164, 2015

s 52A .............................................ad No 120, 2015

s 52B..............................................ad No 120, 2015

s. 53 ...............................................am. No. 74, 1939

rep. No. 92, 1964

ad. No. 187, 1997

am. No. 58, 2011; No 164, 2015

s. 54 ...............................................rep. No. 30, 1910

ad. No. 92, 1964

am. No. 96, 1975

rep. No. 153, 1982

s. 54A ............................................ad. No. 15, 1909

rs. No. 36, 1917

rep. No. 92, 1964

s. 55 ...............................................am. No. 3, 1915

rs. No. 36, 1917

am. No. 93, 1966; No. 96, 1975; No. 132, 1979

rep. No. 153, 1982

s. 56 ...............................................rep. No. 30, 1910

s. 57 ...............................................am. No. 30, 1910; No. 36, 1917; No. 96, 1975

rep. No. 178, 1981

s. 58 ...............................................am. No. 74, 1939; No. 216, 1973; No. 96, 1975; No. 4, 1977

rep. No. 153, 1982

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Endnote 4—Amendment history

Defence Act 1903 329

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

Part IIIA

Part IIIA ........................................ad. No. 132, 1979

Division 1

Division 1 heading.........................ad. No. 164, 1984

s. 58A ............................................ad. No. 132, 1979

am. No. 164, 1984; No. 104, 1988; No. 135, 2003; No 164, 2015

s. 58B.............................................ad. No. 132, 1979

am. No. 178, 1981; No. 164, 1984; No. 65, 1985 (as am. by No. 75,

1990); No. 75, 1988; No. 146, 1999; No. 10, 2001; No. 95, 2010; No 10,

2015; No 164, 2015

s. 58C.............................................ad. No. 132, 1979

am. No. 80, 1982; No. 99, 1988

rep. No. 95, 2010

s. 58D ............................................ad. No. 132, 1979

rep. No. 3, 1995

s. 58E.............................................ad. No. 132, 1979

am No 5, 2015

rs No 164, 2015

Division 2

Division 2 ......................................ad. No. 164, 1984

s. 58F.............................................ad. No. 164, 1984

am. No. 87, 1988; No. 62, 1991; No. 109, 1993; Nos. 43 and 60, 1996;

No. 127, 2002; SLI 2006 No. 50; No. 54, 2009; No. 174, 2012

s. 58G ............................................ad. No.164, 1984

am. No. 108, 1990; No. 109, 1993; No. 127, 2002; No. 54, 2009;

No. 174, 2012; No 164, 2015

s. 58H ............................................ad. No. 164, 1984

am. No. 109, 1993; No. 127, 2002; No 164, 2015

ss. 58HA, 58HB.............................ad. No. 168, 1995

am. No. 133, 1999; No. 70, 2009

s. 58J..............................................ad. No. 164, 1984

am. No. 109, 1993

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Endnote 4—Amendment history

330 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 58K ............................................ad. No. 164, 1984

am. No. 62, 1991; No. 109, 1993; No. 127, 2002; No. 54, 2009; No. 174,

2012

s. 58KA..........................................ad. No. 62, 1991

am. No. 109, 1993; No 31, 2014

s. 58KB..........................................ad. No. 62, 1991

am. No. 54, 2009; No. 174, 2012

s. 58KC..........................................ad. No. 62, 1991

am. No. 109, 1993

s. 58KD..........................................ad. No. 62, 1991

s. 58L.............................................ad. No. 164, 1984

am. No. 108, 1990; No. 109, 1993; No. 127, 2002; No. 54, 2009;

No. 174, 2012; No 164, 2015

s. 58M............................................ad. No. 164, 1984

am. No. 127, 2002

s. 58N ............................................ad. No. 164, 1984

s. 58P.............................................ad. No. 164, 1984

am. No. 109, 1993; No. 127, 2002; No. 46, 2011

s. 58Q ............................................ad. No. 164, 1984

am. No. 43, 1996; No. 127, 2002; No 4, 2016

Division 3

Division 3 ......................................ad. No. 164, 1984

s. 58R.............................................ad. No. 164, 1984

am. No. 43, 1996

s 58S..............................................ad No 164, 1984

s 58T..............................................ad No 164, 1984

s 58U .............................................ad No 164, 1984

am No 5, 2015

s 58V .............................................ad No 164, 1984

am No 5, 2015

s 58W ............................................ad No 164, 1984

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 331

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 58X ............................................ad. No. 164, 1984

am. No. 46, 2011; No 5, 2015

s. 58Y ............................................ad. No. 164, 1984

am. No. 43, 1996

Part IV

Part IV heading..............................am. No. 15, 1909

Part IV ..........................................rs. No. 51, 1965

Division 1

Division 1 heading.........................ad. No. 91, 1992

s. 59 ...............................................am. No. 15, 1909

rs. No. 51, 1965

am. No. 132, 1979; No. 91, 1992

s. 60 ...............................................rs. No. 15, 1909

am. No. 47, 1918

rs. No. 51, 1965

am. No. 132, 1979; No. 91, 1992

s. 61 ...............................................rs. No. 37, 1910

am. No. 47, 1918; Nos. 38 and 74, 1939

rs. No. 51, 1965

am. No. 216, 1973; No. 96, 1975; No. 132, 1979; No. 91, 1992

s. 61A ............................................ad. No. 37, 1910

am. No. 38, 1939

rs. No. 51, 1965

am. No. 93, 1966; No. 96, 1975; No. 4, 1977; No. 132, 1979; No. 91,

1992; No 61, 2016

s. 61B.............................................ad. No. 59, 1951

rs. No. 51, 1965

am No 96, 1975; No 5, 2015

s. 61C.............................................ad. No. 51, 1965

am. No. 96, 1975; No. 132, 1979

rs. No. 91, 1992

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Endnote 4—Amendment history

332 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

Division 2

Division 2 ......................................ad. No. 91, 1992

ss. 61CA–61CE .............................ad. No. 91, 1992

Division 3

Division 3 ......................................ad. No. 91, 1992

ss. 61CF–61CN..............................ad. No. 91, 1992

s. 61CO..........................................ad. No. 91, 1992

am. No. 46, 2011

Division 4

Division 4 ......................................ad. No. 91, 1992

s 61CP ...........................................ad. No. 91, 1992

s 61CQ...........................................ad. No. 91, 1992

s 61CR...........................................ad. No. 91, 1992

s 61CS ...........................................ad. No. 91, 1992

s 61CT ...........................................ad. No. 91, 1992

s 61CU...........................................ad. No. 91, 1992

am No 106, 2015

s 61CV...........................................ad. No. 91, 1992

s 61C..............................................ad. No. 91, 1992

s. 61CX..........................................ad. No. 91, 1992

am. No. 121, 2005

s 61CY...........................................ad. No. 91, 1992

rs. No. 141, 2001

am No 4, 2016

s 61CZ ...........................................ad No 91, 1992

rs No 141, 2001

am No 4, 2016

s. 61CZA .......................................ad. No. 91, 1992

Division 5

Division 5 ......................................ad. No. 91, 1992

ss. 61CZB, 61CZC.........................ad. No. 91, 1992

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 333

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 61CZD .......................................ad. No. 91, 1992

am. No. 95, 1993

s. 61CZE........................................ad. No. 91, 1992

Part V

Part V ............................................rs No 164, 2015

s. 62 ...............................................rs. No. 15, 1909

am. No. 37, 1910; No. 5, 1912; No. 3, 1915; No. 47, 1918; No. 74, 1939

rs. No. 59, 1951

am. No. 96, 1975; No. 132, 1979; No. 104, 1988; No. 1, 1997; No. 135,

2003; No. 183, 2011

rs No 164, 2015

ed C67

s. 62A ............................................ad. No. 71, 1949

rep. No. 59, 1951

ad No 164, 2015

s 62B..............................................ad No 164, 2015

s 62C..............................................ad No 164, 2015

s 62D .............................................ad No 164, 2015

s 62E..............................................ad No 164, 2015

Part VI

s. 63 ...............................................am. No. 15, 1909; Nos. 30 and 37, 1910; No. 36, 1917; No. 74, 1939;

No. 35, 1948; No. 216, 1973; No. 96, 1975; No. 4, 1977; No. 21, 1991;

No 5, 2015

s. 64 ...............................................am. No. 12, 1904; No. 74, 1939

s. 65 ...............................................am. No. 74, 1939

s. 66 ...............................................am. No. 96, 1975; No. 4, 1977; No. 104, 1988 (as am. by No. 41, 1989)

s. 67 ...............................................rs. No. 15, 1909

am. No. 5, 1912; No. 74, 1939

s. 69 ...............................................rs. No. 15, 1909

am. No. 3, 1915; No. 74, 1939; No. 93, 1966; No. 96, 1975; No. 132,

1979

rep. No. 39, 1983

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Endnotes

Endnote 4—Amendment history

334 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 70 ...............................................am. No. 74, 1939; No. 80, 1950; No 5, 2015

Part VIA

Part VIA ........................................ad. No. 19, 2011

Division 1

s. 71 ...............................................rep. No. 96, 1975

ad. No. 19, 2011

s. 71A ............................................ad. No. 19, 2011

am No 95, 2014

Division 2

ss. 71B–71G ..................................ad. No. 19, 2011

Division 3

Subdivision A

s. 71H ............................................ad. No. 19, 2011

ss. 71J, 71K ...................................ad. No. 19, 2011

Subdivision B

ss. 71L–71N...................................ad. No. 19, 2011

s. 71P.............................................ad. No. 19, 2011

Subdivision C

s. 71Q ............................................ad. No. 19, 2011

Division 4

ss. 71R–71Z...................................ad. No. 19, 2011

Division 5

s. 72 ...............................................am. No. 15, 1909; No. 93, 1966; No. 132, 1979

rep. No. 96, 1975

ad. No. 19, 2011

Division 6

ss. 72A–72H ..................................ad. No. 19, 2011

ss. 72J–72N ...................................ad. No. 19, 2011

Division 7

s. 72P.............................................ad. No. 19, 2011

s. 72Q ............................................ad. No. 19, 2011

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 335

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am No. 197, 2012

s. 72R.............................................ad. No. 19, 2011

s. 72S.............................................ad. No. 19, 2011

Part VIB

Part VIB.........................................ad No 95, 2014

s 72T..............................................ad No 95, 2014

s 72TA...........................................ad No 95, 2014

s 72TB ...........................................ad No 95, 2014

s 72TC ...........................................ad No 95, 2014

s 72TD...........................................ad No 95, 2014

s 72TE ...........................................ad No 95, 2014

s 72TF............................................ad No 95, 2014

s 72TG...........................................ad No 95, 2014

s 72TH...........................................ad No 95, 2014

s 72TJ ............................................ad No 95, 2014

s 72TK...........................................ad No 95, 2014

s 72TL ...........................................ad No 95, 2014

s 72TM ..........................................ad No 95, 2014

s 72TN...........................................ad No 95, 2014

s 72TP............................................ad No 95, 2014

s. 73 ...............................................am. No. 30, 1910

rs. No. 36, 1917; No. 153, 1982

rep. No. 141, 2001

Part VII

s. 73A ............................................ad. No. 36, 1917

am. No. 74, 1939; No. 96, 1975; No. 4, 1977; No. 146, 1999

rs. No. 141, 2001

am No 4, 2016

s. 73B.............................................ad. No. 36, 1917

rs. No. 153, 1982

rep. No. 137, 2000

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Endnotes

Endnote 4—Amendment history

336 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 73C.............................................ad. No. 36, 1917

am. No. 4, 1941; No. 96, 1975

rep. No. 141, 2001

s. 73D ............................................ad. No. 36, 1917

rs. No. 4, 1941

am. No. 96, 1975; No. 4, 1977

rep. No. 141, 2001

s. 73E.............................................ad. No. 4, 1941

am. No. 96, 1975

rep. No. 141, 2001

s. 73F.............................................ad. No. 4, 1941

am. No. 93, 1966; No. 132, 1979; No. 153, 1982; No. 137, 2000;

No. 141, 2001; No 61, 2016

s. 74 ...............................................am. No. 36, 1917; No. 93, 1966; No. 132, 1979

rep. No. 153, 1982

s. 75 ...............................................am. No. 15, 1909

rs. No. 47, 1918

am. No. 93, 1966; No. 132, 1979

rep. No. 153, 1982

s. 76 ...............................................am. No. 47, 1918

rs. No. 92, 1964

rep. No. 51, 1965

s. 77 ...............................................am. No. 47, 1918; No. 93, 1966; No. 132, 1979

rep. No. 153, 1982

s. 78 ...............................................rs. No. 36, 1917

am. No. 74, 1939

rs. No. 92, 1964

am. No. 96, 1975; No. 132, 1979; No. 61, 1981

rep. No. 153, 1982

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 337

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 79 ...............................................am. No. 15, 1909; No. 36, 1914; No. 50, 1932; No. 74, 1939; No. 93,

1966; No. 216, 1973; No. 96, 1975; No. 4, 1977; Nos. 132 and 155, 1979;

No. 70, 1980; No. 141, 2001; No 5, 2015

s. 80 ...............................................am. No. 93, 1966; No. 132, 1979

rep. No. 137, 2000

s. 80A ............................................ad. No. 36, 1917

am. No. 74, 1939; No. 80, 1950; No. 93, 1966; No. 132, 1979; No. 141,

2001; No. 135, 2003; No 4, 2016

s. 80B.............................................ad. No. 36, 1917

rs. No. 51, 1965

am. No. 93, 1966; No. 96, 1975; No. 4, 1977

rs. No. 20, 1977

am. No. 104, 1988; No. 141, 2001; No. 135, 2003; No. 8, 2007; No 5,

2015; No 4, 2016

ss. 80C–80I....................................ad. No. 36, 1917

rep. No. 51, 1965

s. 81 ...............................................am. No. 74, 1939; No. 93, 1966; No. 132, 1979

rep. No. 137, 2000

s. 82 ...............................................am. No. 36, 1917; No. 74, 1939; No. 93, 1966; No. 216, 1973; No. 96,

1975; Nos. 132 and 155, 1979; No. 70, 1980; No. 141, 2001; No. 19,

2011; No 5, 2015; No 4, 2016; No 61, 2016

s. 83 ...............................................rs. No. 71, 1949

am. No. 92, 1964; No. 93, 1966; No. 96, 1975; No. 20, 1977; No. 132,

1979; No. 164, 1984; No. 104, 1988; No. 141, 2001; No 4, 2016; No 61,

2016

s. 84 ...............................................am. No. 93, 1966; No. 132, 1979; No. 104, 1988; No. 141, 2001; No 61,

2016

s. 85 ...............................................am. No. 47, 1918; No. 93, 1966

rs. No. 96, 1975

rep. No. 65, 1987

Part VIII

Part VIII ........................................rs. No. 153, 1982

s. 86 ...............................................am. No. 36, 1917; No. 74, 1939; No. 96, 1975; No 61, 2016

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Endnotes

Endnote 4—Amendment history

338 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rs. No. 153, 1982; No. 141, 2001

am No 4, 2016

s. 87 ...............................................am. Nos. 13 and 74, 1939; No. 132, 1979; No. 178, 1981

rs. No. 153, 1982

rep. No. 39, 1983

s. 88 ...............................................rs. No. 36, 1917

am. No. 74, 1939

rs. No. 72, 1956

am. No. 96, 1975

rs. No. 153, 1982; No. 141, 2001

am No 4, 2016; No 61, 2016

s. 89 ...............................................rs. No. 153, 1982

am. No. 141, 2001; No. 159, 2006; No. 91, 2009; No 106, 2015; No 61,

2016

s. 90 ...............................................rs. No. 36, 1917

am. No. 74, 1939; No. 96, 1975

rs. No. 153, 1982; No. 141, 2001

am No 4, 2016; No 61, 2016

Part VIIIA

Part VIIIA heading ........................rs. No. 26, 2005

Part VIIIA......................................ad. No. 116, 1999

Division 1

s. 91 ...............................................am. No. 36, 1917; No. 93, 1966; No. 216, 1973; Nos. 19 and 132, 1979

rep. No. 153, 1982

ad. No. 116, 1999

rs. No. 26, 2005

s. 92 ...............................................rs. No. 36, 1917

am. No. 216, 1973; No. 132, 1979

rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 339

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 93 ...............................................rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005; No. 95, 2010; No 164, 2015

s 93A .............................................ad. No. 26, 2005

am No 164, 2015

s 93B..............................................ad No 26, 2005

Division 2

Division 2 heading.........................rs. No. 26, 2005

s. 94 ...............................................rep. No. 153, 1982

ad. No. 116, 1999

rs. No. 26, 2005

s. 95 ...............................................am. No. 93, 1966; No. 96, 1975; No. 132, 1979

rep. No. 153, 1982

ad. No. 116, 1999

rs. No. 26, 2005

s. 96 ...............................................am. No. 36, 1917; No. 74, 1939; No. 96, 1975

rep. No. 153, 1982

ad. No. 116, 1999

rs. No. 26, 2005

s. 97 ...............................................am. No. 36, 1917; No. 74, 1939; No. 96, 1975; No. 4, 1977

rep. No. 153, 1982

ad. No. 116, 1999

rep. No. 26, 2005

Division 3

s. 98 ...............................................am. No. 74, 1939; No. 96, 1975

rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005

s. 99 ...............................................am. No. 12, 1904; No. 45, 1934; No. 132, 1979

rep. No. 153, 1982

ad. No. 116, 1999

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Endnotes

Endnote 4—Amendment history

340 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rep. No. 26, 2005

s. 100 .............................................am. No. 96, 1975

rep. No. 153, 1982

ad. No. 116, 1999

rs. No. 26, 2005

s. 101 .............................................rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005; No. 95, 2010

s. 102 .............................................am. No. 36, 1917

rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005

s. 103 .............................................rs. No. 36, 1917

am. No. 74, 1939; No. 132, 1979

rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005; No 164, 2015

s. 104 .............................................rep. No. 36, 1917

ad. No. 116, 1999

rs. No. 26, 2005

s. 105 .............................................rep. No. 153, 1982

ad. No. 116, 1999

rep. No. 26, 2005

Division 4

s. 106 .............................................am. No. 74, 1939; No. 216, 1973

rep. No. 153, 1982

ad. No. 116, 1999

am. No. 141, 2001; No. 26, 2005; No 4, 2016; No 61, 2016

s. 107 .............................................am. No. 74, 1939; No. 96, 1975

rep. No. 153, 1982

ad. No. 116, 1999

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 341

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 141, 2001; No. 26, 2005; No 4, 2016; No 61, 2016

s. 108 .............................................am. No. 36, 1914; No. 36, 1917; No. 74, 1939; No. 59, 1951; No. 92,

1964; No. 93, 1966; No. 132, 1979

rep. No. 153, 1982

ad. No. 116, 1999

am. No. 26, 2005; No. 4, 2010

s. 109 .............................................rs. No. 36, 1914

am. No. 36, 1917; No. 74, 1939; No. 96, 1975; No. 4, 1977; No. 132,

1979

rep. No. 153, 1982

ad. No. 26, 2005

am No 164, 2015

s. 110 .............................................am. No. 12, 1904

rs. No. 5, 1912

am. No. 36, 1917; No. 74, 1939; Nos. 19 and 59, 1951; No. 216, 1973

rep. No. 96, 1975

ad. No. 26, 2005

s. 110A ..........................................ad. No. 47, 1918

am. No. 74, 1939

rep. No. 153, 1982

Part VIIIB

Part VIIIB ......................................ad. No. 142, 2005

Division 1

s 110A ...........................................ad No 142, 2005

am No 46, 2015

s 110B............................................ad No 142, 2005

s 110C............................................ad No 142, 2005

am No 46, 2015

s 110D ...........................................ad No 142, 2005

rep No 46, 2015

s 110DA.........................................ad No 46, 2015

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Endnotes

Endnote 4—Amendment history

342 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am No 164, 2015

s 110DB.........................................ad No 46, 2015

Division 2

ss. 110E–110M..............................ad. No. 142, 2005

s. 110N ..........................................ad. No. 142, 2005

am. No. 46, 2011

s 110O ...........................................ad. No. 142, 2005

am No 164, 2015

s 110P............................................ad No 142, 2005

Division 3

s 110Q ...........................................ad No 142, 2005

s 110R............................................ad No 142, 2005

rs No 46, 2015

s 110S............................................ad No 142, 2005

Part VIIIC

Part VIIIC ......................................ad. No. 95, 2010

Division 1

s. 110T...........................................ad. No. 95, 2010

am No 106, 2015

Division 2

s. 110U ..........................................ad. No. 95, 2010

ss. 110UA, 110UB.........................ad. No. 95, 2010

Division 3

s. 110V ..........................................ad. No. 95, 2010

ss. 110VA–110VC.........................ad. No. 95, 2010

Division 4

s. 110W..........................................ad. No. 95, 2010

Division 5

s. 110X ..........................................ad. No. 95, 2010

s 110XA.........................................ad No 95, 2010

s 110XB.........................................ad No 95, 2010

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 343

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 110XC........................................ad No 95, 2010

am No 60, 2015

s 110XD.........................................ad No 95, 2010

s 110XE.........................................ad No 95, 2010

s 110XF .........................................ad No 95, 2010

s 110XG.........................................ad No 95, 2010

s 110XH.........................................ad No 95, 2010

am No 106, 2015

Division 6

s. 110Y ..........................................ad. No. 95, 2010

ss. 110YA, 110YB.........................ad. No. 95, 2010

s. 110YC........................................ad. No. 95, 2010

am. No. 46, 2011

ss. 110YD–110YI ..........................ad. No. 95, 2010

Division 7

s. 110Z...........................................ad. No. 95, 2010

Part VIIID

s 110ZA.........................................ad No 106, 2015

s 110ZB .........................................ad No 106, 2015

s 110ZC .........................................ad No 106, 2015

s 110ZD.........................................ad No 106, 2015

Part IX

s. 111 .............................................am. No. 12, 1904; No. 36, 1917; No. 74, 1939; No. 71, 1949; No. 96,

1975

s. 111A ..........................................ad. No. 37, 1910

s. 112 .............................................am. No. 30, 1910; No. 36, 1917; No. 74, 1939; Nos. 19 and 59, 1951;

No. 216, 1973; No. 96, 1975; No. 61, 1981

rep. No. 153, 1982

s. 113 .............................................am. No. 36, 1917; No. 74, 1939; No. 92, 1964; No. 96, 1975; No. 61,

1981

rep. No. 153, 1982

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Endnotes

Endnote 4—Amendment history

344 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

s. 114 .............................................am. No. 5, 1912

rs. No. 36, 1917

am. No. 216, 1973; No. 96, 1975; No. 155, 1979; No. 70, 1980

rep. No. 153, 1982

ss. 115, 116....................................am. No. 36, 1917; No. 74, 1939; No. 216, 1973

rep. No. 153, 1982

Part IXA

Part IXA .......................................ad. No. 178, 1981

Division 1

s 116A ...........................................ad. No. 178, 1981

am No 5, 2015

Division 2

s 116B............................................ad. No. 178, 1981

am No 1, 1997; No 5, 2015; No 164, 2015

s 116C............................................ad. No. 178, 1981

am No. 164, 1984; No. 95, 1993; No. 1, 1997; No. 159, 2006; No. 91,

2009; No 5, 2015; No 164, 2015

s 116D ...........................................ad. No. 178, 1981

am No. 39, 1983; No. 164, 1984; No 5, 2015

Division 3

s. 116E...........................................ad. No. 178, 1981

am. No. 1, 1997; No 5, 2015; No 164, 2015

s 116F............................................ad No 178, 1981

am No 5, 2015

s 116G ...........................................ad No 178, 1981

am No 5, 2015

s 116H ...........................................ad No 178, 1981

am No 5, 2015

s 116J.............................................ad No 178, 1981

s 116K ...........................................ad No 178, 1981

am No 5, 2015

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 345

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

Division 4

s. 116M..........................................ad. No. 178, 1981

am No 1, 1997; No 5, 2015; No 164, 2015

s. 116N ..........................................ad. No. 178, 1981

rep. No. 121, 2005

Part IXB

Part IXB.........................................ad. No. 178, 1981

ss. 116P, 116Q...............................ad. No. 178, 1981

s 116R............................................ad. No. 178, 1981

am. No. 39, 1983; No. 5, 2011; No 5, 2015; No 164, 2015

s 116S............................................ad No 178, 1981

s 116T............................................ad No 178, 1981

s 116U ...........................................ad No 178, 1981

am No 5, 2015; No 4, 2016; No 61, 2016

s 116V ...........................................ad No 178, 1981

am No 5, 2015

s. 116W..........................................ad. No. 178, 1981

am. No. 141, 2001; No 5, 2015; No 4, 2016; No 61, 2016

s 116X ...........................................ad. No. 178, 1981

am No 5, 2015

s. 116Y ..........................................ad. No. 178, 1981

rs. No. 141, 2001

am No 4, 2016; No 61, 2016

s. 116Z...........................................ad. No. 178, 1981

rep. No. 137, 2000

s. 116ZA........................................ad. No. 178, 1981

am. No. 65, 1985

s 116ZB .........................................ad No 178, 1981

am No 61, 2016

s 116ZC .........................................ad No 178, 1981

s 116ZD.........................................ad. No. 178, 1981

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Endnotes

Endnote 4—Amendment history

346 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am No. 99, 1988; No. 121, 2005; No 5, 2015; No 61, 2016

Part IXC

Part IXC ........................................ad. No. 104, 1988 (as am. by No. 41, 1989)

s. 117 .............................................am. No. 96, 1975; No. 4, 1977

rep. No. 153, 1982

ad. No. 104, 1988 (as am. by No. 41, 1989)

am. No. 1, 1997; No 164, 2015

s. 117A ..........................................ad. No. 36, 1917

am. No. 71, 1949; No. 96, 1975

rep. No. 153, 1982

ad. No. 104, 1988 (as am. by No. 41, 1989)

am. No. 21, 1991; No. 95, 1993; No. 1, 1997; No 164, 2015

ss. 117AA, 117AB.........................ad. No. 104, 1988 (as am. by No. 41, 1989)

Part X

s. 117B...........................................ad. No. 65, 1985

s. 118 .............................................am. No. 74, 1939; No. 216, 1973; No. 132, 1979; No. 65, 1987

rs. No. 141, 2001

am No 4, 2016

s. 118A ..........................................ad. No. 36, 1917

am. No. 80, 1950; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 96,

1975; No. 132, 1979; No. 153, 1982; No. 10, 2001; No 5, 2015; No 61,

2016

s. 118B...........................................ad. No. 65, 1987

s. 119 .............................................rs. No. 36, 1917

am. No. 47, 1918; No. 216, 1973

rs. No. 96, 1975

am. No. 132, 1979; No. 178, 1981; No 164, 2015

s 120 ..............................................am No 5, 2015

s. 120A ..........................................ad. No. 36, 1917

rs. No. 39, 1983

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 347

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 164, 1984; No. 65, 1985; No. 76, 1986; No. 65, 1987; No. 75,

1990; No. 95, 1993; No. 1, 1997; No. 116, 1999; No. 10, 2001; No. 26,

2005; No. 95, 2010; No. 183, 2011; No 120, 2015; No 164, 2015

s. 120B...........................................ad. No. 65, 1985

am. No. 75, 1988; Nos. 146 and 179, 1999; Nos. 52 and 80, 2004; No 61,

2016

s. 121 .............................................am. No. 96, 1975; No. 153, 1982

s 121A ...........................................ad No 95, 2014

s. 122 .............................................am. No. 5, 1912; No. 36, 1917; No. 216, 1973; No. 96, 1975; No. 155,

1979; No. 70, 1980

rep. No. 153, 1982

ad. No. 65, 1987

am No 164, 2015

s. 122AA........................................ad. No. 21, 1991

am. No. 46, 1998; No. 77, 2001; No. 101, 2006

s. 122A ..........................................ad. No. 41, 1989

exp 2 May 1995 (s 122A(5))

s. 122B...........................................ad. No. 6, 2008

am No 106, 2015

s. 123 .............................................rep. No. 216, 1973

ad. No. 65, 1987

am. No. 104, 1988; No. 41, 1989; No. 146, 1999

s. 123A ..........................................ad. No. 15, 1909

am. No. 74, 1939

rs. No. 59, 1951; No. 51, 1965

am. No. 216, 1973; No. 96, 1975

rs. No. 165, 1984

am. No. 65, 1985; No. 1, 1997; No 164, 2015

s. 123AA........................................ad. No. 5, 1912

rs. No. 59, 1951

am. No. 93, 1966; No. 96, 1975; No. 132, 1979

rs. No. 141, 2001

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Endnotes

Endnote 4—Amendment history

348 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

am. No. 135, 2003; No 4, 2016

rep No 164, 2015

s 123B............................................ad. No. 15, 1909

am No 216, 1973; No 5, 2015

s. 123BA........................................ad. No. 92, 1964

am. No. 96, 1975

rep. No. 65, 1987

s. 123BB........................................ad. No. 92, 1964

am. No. 96, 1975

rep. No. 153, 1982

s. 123BC........................................ad. No. 92, 1964

rep. No. 153, 1982

s. 123C...........................................ad. No. 15, 1909

rep. No. 216, 1973

s. 123D ..........................................ad. No. 37, 1910

rep. No. 59, 1951

s. 123E...........................................ad. No. 37, 1910

am. No. 74, 1939; No. 216, 1973

rep. No. 132, 1979

s. 123F ...........................................ad. No. 59, 1951

rs. No. 96, 1975

am. No. 1, 1997; No 164, 2015

s. 123G ..........................................ad. No. 39, 1983

am. No. 99, 1988; No. 121, 2005

s. 123H ..........................................ad. No. 46, 2009

am No 62, 2014

s. 123J............................................ad. No. 46, 2009

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 349

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

Part XI

s 124 ..............................................am. No. 12, 1904; No. 15, 1909; No. 37, 1910; No. 3, 1915; No. 36,

1917; No. 47, 1918; No. 1, 1927; No. 74, 1939; No. 71, 1949; Nos. 19

and 59, 1951; No. 98, 1952; No. 20, 1953; No. 92, 1964; No. 51, 1965;

No. 93, 1966; No. 216, 1973; No. 96, 1975; No. 4, 1977; No. 132, 1979

(as am. by No. 164, 1984); Nos. 61 and 178, 1981; No. 153, 1982;

No. 39, 1983; Nos. 164 and 165, 1984; Nos. 65 and 193, 1985; No. 163,

1986; No. 146, 1999; No. 10, 2001; No. 135, 2003; Nos. 121 and 142,

2005; No. 159, 2006; No. 6, 2008; No. 18, 2009; No 5, 2015; No 10,

2015; No 46, 2015; No 164, 2015; No 174, 2015; No 61, 2016

Part XII heading ............................am. No. 74, 1939

rep. No. 19, 1951

Part XII .........................................ad. No. 15, 1909

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 125 .............................................ad. No. 15, 1909

am. No. 37, 1910

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 126 .............................................ad. No. 15, 1909

am. No. 37, 1910; No. 45, 1934

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 127 .............................................ad. No. 15, 1909

am. No. 37, 1910; No. 15, 1911; No. 5, 1912; No. 74, 1939

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 128 .............................................ad. No. 15, 1909

rs. No. 37, 1910

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Endnotes

Endnote 4—Amendment history

350 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 129 .............................................ad. No. 15, 1909

rep. No. 37, 1910

ad. No. 36, 1917

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 130 .............................................ad. No. 15, 1909

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 131 .............................................ad. No. 15, 1909

rep. No. 45, 1934

ad. No. 92, 1964

rep. No. 51, 1965

s. 132 .............................................ad. No. 15, 1909

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 132A ..........................................ad. No. 36, 1917

rep. No. 19, 1951

s. 133 .............................................ad. No. 15, 1909

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 134 .............................................ad. No. 15, 1909

am. No. 15, 1911; No. 3, 1915; No. 36, 1917; No. 16, 1918; No. 74, 1939

rep. No. 19, 1951

ad. No. 92, 1964

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 351

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rep. No. 51, 1965

s. 135 .............................................ad. No. 15, 1909

am. No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 47, 1918

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 135A ..........................................ad. No. 36, 1914

rep. No. 19, 1951

s. 135B...........................................ad. No. 36, 1914

rs. No. 47, 1918

rep. No. 19, 1951

s. 135C...........................................ad. No. 36, 1914

rep. No. 19, 1951

s. 136 .............................................ad. No. 15, 1909

rep. No. 19, 1951

ad. No. 92, 1964

rep. No. 51, 1965

s. 137 .............................................ad. No. 15, 1909

am. No. 74, 1939

rep. No. 19, 1951

Part XIII ........................................ad. No. 15, 1909

rep. No. 19, 1951

s. 138 .............................................ad. No. 15, 1909

am. No. 37, 1910; No. 36, 1914; No. 36, 1917; No. 47, 1918; No. 74,

1939

rep. No. 19, 1951

s. 139 .............................................ad. No. 15, 1909

rep. No. 19, 1951

s. 140 .............................................ad. No. 15, 1909

am. No. 37, 1910

rep. No. 36, 1914

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Endnotes

Endnote 4—Amendment history

352 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

ad. No. 36, 1917

rep. No. 19, 1951

s. 140A ..........................................ad. No. 37, 1910

rep. No. 36, 1914

s. 141 .............................................ad. No. 15, 1909

rep. No. 19, 1951

Part XIV heading...........................am. No. 74, 1939

rep. No. 19, 1951

Part XIV .......................................ad. No. 15, 1909

rep. No. 19, 1951

s. 142 .............................................ad. No. 15, 1909

am. No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 47, 1918; No. 45, 1934

rep. No. 19, 1951

s. 142A ..........................................ad. No. 47, 1918

am. No. 74, 1939

rep. No. 19, 1951

s. 143 .............................................ad. No. 15, 1909

am. No. 74, 1939

rep. No. 19, 1951

ss. 144, 145....................................ad. No. 15, 1909

rep. No. 19, 1951

s. 146 .............................................ad. No. 15, 1909

rs. No. 5, 1912; No. 47, 1918

rep. No. 19, 1951

Part XV .........................................ad. No. 15, 1909

rep. No. 65, 1987

s. 147 .............................................ad. No. 15, 1909

rs. No. 37, 1910

am. No. 92, 1964; No. 96, 1975

rep. No. 65, 1987

s. 147A ..........................................ad. No. 37, 1910

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Endnotes

Endnote 4—Amendment history

Defence Act 1903 353

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rs. No. 92, 1964

am. No. 153, 1982; No. 65, 1985

rep. No. 65, 1987

s. 147B...........................................ad. No. 37, 1910

rep. No. 92, 1964

s. 148 .............................................ad. No. 15, 1909

rs. No. 37, 1910

am. No. 36, 1917; No. 16, 1918; No. 45, 1934

rs. No. 71, 1949

am. No. 92, 1964

rep. No. 51, 1965

s. 148A ..........................................ad. No. 71, 1949

am. No. 132, 1979

rep. No. 65, 1985

ss. 149, 150....................................ad. No. 15, 1909

rep. No. 37, 1910

s. 151 .............................................ad. No. 15, 1909

rep. No. 96, 1975

s. 152 .............................................ad. No. 15, 1909

rep. No. 37, 1910

First Schedule heading...................rep. No. 96, 1975

Schedule 1

Schedule 1 heading........................ad. No. 96, 1975

rep. No. 153, 1982

ad No 164, 2015

Schedule 1 .....................................rep. No. 153, 1982

ad No 164, 2015

c 1..................................................ad No 164, 2015

Second Schedule heading ..............rep. No. 96, 1975

Second Schedule............................rs. No. 92, 1964

Schedule 2 heading........................ad. No. 96, 1975

Authorised Version C2016C00955 registered 21/10/2016

Endnotes

Endnote 4—Amendment history

354 Defence Act 1903

Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16

Provision affected How affected

rep. No. 65, 1987

Schedule 2 .....................................rep. No. 65, 1987

Third Schedule...............................rep. No. 92, 1964

Authorised Version C2016C00955 registered 21/10/2016

Loi de 1903 sur la défense (version consolidée du 21 octobre 2016), Australie

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