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
Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a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
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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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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
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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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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
(c) the Chief of Air Force.
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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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
(c) is likely to be of a long standing nature.
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
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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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Control and administration Part II
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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(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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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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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;
(c) the Royal Australian Air Force.
18 Royal Australian Navy
(1) The Royal Australian Navy (or RAN) consists of:
(a) the Chief of Navy; and
(b) the Permanent Navy; and
(c) the Naval Reserve.
(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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(b) the Regular Army; and
(c) the Army Reserve.
(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
(c) the Air Force Reserve.
(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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Section 21
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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
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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
(c) has effect subject to any terms and conditions (the flexible
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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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
(c) is called out under Division 3 of this Part or Division 1 of
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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Division 3 Calling out the Reserves
Section 28
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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;
(c) defence preparation;
(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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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
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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
(c) the sea over the continental shelf 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
(c) the territorial sea of each external Territory; 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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Section 51
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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:
(c) requiring the person to remove all of his or her garments; or
(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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Section 51
22 Defence Act 1903
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(a) creating offences or imposing criminal liability for offences;
or
(b) dealing with capacity to incur criminal liability; or
(c) providing a defence or providing for the reduction of the
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
(c) 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 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
(c) must state that one or more of Divisions 2, 2A, 3 and 3B, 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;
or
(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
(c) either Division 2A or 3A, or both, and Division 4 should
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
(c) the Chief of the Defence Force should be directed to utilise
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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(c) must state that Division 2A or 3A, or both, 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
(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;
or
(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
(c) the Chief of the Defence Force should be directed to utilise
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
(c) must state that Divisions 3B and 4 apply in relation to the
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
(c) 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 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
(c) must state that one or more of Divisions 2, 2A, 3 and 3B, 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;
or
(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
(c) 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 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
(c) must state that one or more of Divisions 2, 2A, 3 and 3B, 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;
or
(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
(c) 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 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
(c) the remaining authorising Minister is unable to be contacted
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
(c) cause the signing of the record to be witnessed; 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
(c) cause the signing of the record to be witnessed; and
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Section 51CA
40 Defence Act 1903
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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;
or
(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
(c) in relation to section 51C, includes a reference to a State
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:
(c) for the purpose of protecting the State or Territory specified
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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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
(c) do anything incidental to anything in paragraph (a) or (b).
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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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;
(c) do anything incidental to anything in paragraph (a) or (b).
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
(c) describes the general security area and its boundaries;
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:
(c) there is a dangerous thing on any premises in the general
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
(c) state the name, rank and service number of a member of the
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;
(c) direct the person to take the means of transport from a place
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;
(c) direct the person to move from a place in a designated area to
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:
(c) the power to direct a person not to do either of those things
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;
(c) do anything incidental to anything in paragraph (a) or (b).
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
(c) the order was not manifestly unlawful; 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
(c) the superior order was not manifestly unlawful; 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
(c) describes the offshore general security area and its
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:
(c) there is a dangerous thing on a facility in the offshore general
security area and it is necessary as a matter of urgency to
make the dangerous thing safe or prevent it from being used;
or
(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
(c) state the name, rank and service number of a member of the
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;
(c) direct the person to take the vessel or aircraft from a place in
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;
(c) direct the person to move from a place in an offshore
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:
(c) the power to direct a person not to do either of those things
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
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(c) any information, document or thing obtained as a direct or
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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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
(c) the order was not manifestly unlawful; 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
(c) the superior order was not manifestly unlawful; 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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Division 4 Provisions common to Divisions 2 to 3B
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
(c) doing that thing is necessary and reasonable to give effect to
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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States and self-governing Territories
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
(c) if the member believes on reasonable grounds that the thing
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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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
(c) the order was not manifestly unlawful; 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:
(c) a copy 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
(c) matters relating to the terms and conditions of service of
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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Part IIIAA Superannuation
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
(c) the payment of allowances or other pecuniary benefits to or
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;
(c) an APS employee who holds, or performs the duties of, a
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;
(c) in respect of particular skills or qualifications possessed by
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
(c) a person who was, but is no longer, a member of the
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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Section 58H
96 Defence Act 1903
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
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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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
(c) the member of the Tribunal presiding has a deliberative vote
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;
or
(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
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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);
or
(b) he or she becomes the Defence Force Advocate; or
(c) in the case of the President, he or she ceases to be a Deputy
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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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
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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
(c) to represent the Defence Force in proceedings before the
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
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(2) This section has effect subject to the Remuneration Tribunal Act
1973.
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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
(c) have attained the age of 18 years but have not attained the
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;
(c) medical and other examinations of persons who have been so
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;
(c) judges of federal or State courts and police, stipendiary or
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
(c) a member of the Defence Force.
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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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(c) if the member concerned is a member other than a member
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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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
(c) the appointment had ceased to have effect; 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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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
(c) is not bound by technicalities, legal forms or rules of
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
(c) summon a person to produce to it such documents as are
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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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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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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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
(c) refuses or fails to comply with the requirement.
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
(c) refuses or fails to answer the question.
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
(c) knows that the evidence is false or misleading in the material
particular.
Penalty: Imprisonment for 6 months.
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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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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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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
(c) may give such judgment, or make such order, as in all the
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
(c) prevent the taking of action in reliance on the making of the
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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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
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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;
(c) the Australian Air Force 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;
(c) the provision of other benefits to or in respect of cadets, or to
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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Section 67
132 Defence Act 1903
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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;
(c) Any vehicle employed only in conveying members of the
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;
(c) the use of force;
(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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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
(c) a defence security screening employee (see section 71D).
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;
(c) the Office of National Assessments.
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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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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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
(c) 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
(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
(c) 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)(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
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(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
(c) 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)(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
(c) the person does not, within 7 days of so ceasing, return the
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
(c) an officer of the Air Force who holds the rank of Air
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
(c) 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.
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
(c) an officer of the Navy who holds the rank of Lieutenant or a
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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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;
(c) the person’s authority to pass the defence access control
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;
(c) the person’s authority to be on the defence premises.
(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
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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;
(c) the person’s authority to pass the defence access control
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
(c) as a result of the person complying with such a requirement
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
(c) the person’s authority to be on the defence premises.
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
(c) the person refuses or fails to provide the evidence, or gives a
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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Section 72
Defence Act 1903 155
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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
(c) if the official believes on reasonable grounds that the thing
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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Section 72A
156 Defence Act 1903
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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
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(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
(c) as soon as practicable while conducting, or after conducting,
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;
(c) use any equipment, including electronic equipment, to gain
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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Section 72H
160 Defence Act 1903
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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
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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
(c) a protective service officer.
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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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
(c) to assist a member of the Defence Force to arrest a person
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);
(c) subsection 71S(1) (search of a vehicle, etc. without consent);
(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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Section 72P
Defence Act 1903 163
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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
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(b) the Australian Federal Police or the police force of a State or
Territory;
(c) the Director of Public Prosecutions of the Commonwealth or
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
(c) otherwise in the performance of his or her duties as a defence
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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Section 72T
166 Defence Act 1903
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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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168 Defence Act 1903
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(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;
(c) a traditional owner in the Woomera Prohibited Area for
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
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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
(c) the person has the Minister’s permission to be at the place.
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;
(c) issuing and renewing 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
(c) doing, or refusing or failing to do, the act or thing results in a
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
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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;
(c) a direction to secure buildings.
(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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(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;
(c) a decision to give a direction under section 72TJ.
(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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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
(c) an officer of the Army who holds the rank of
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
(c) 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.
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(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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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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Section 73A
Defence Act 1903 177
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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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(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
(c) has in his or her possession;
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
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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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(c) returned airman means a person who has served abroad
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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Defence Act 1903 181
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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:
(c) the person commits an offence; and
(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
(c) the person intends to contravene subsection (1);
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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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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(c) 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.
(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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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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Section 86
Defence Act 1903 185
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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
(c) the person knows that the evidence is false or misleading.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
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Section 89
186 Defence Act 1903
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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;
(c) create a disturbance or take part in creating or continuing a
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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Defence Act 1903 187
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(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
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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
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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
(c) in relation to a defence civilian—the Chief of the Defence
Force.
sample means:
(a) any human biological fluid; or
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(b) any human biological tissue (whether alive or otherwise); or
(c) any human breath.
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
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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
(c) must not involve:
(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;
or
(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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(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;
or
(c) the arrangement under which a person is a defence civilian
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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Section 102
Defence Act 1903 195
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(c) the arrangement under which a person is a defence civilian is
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);
or
(b) if the defence member is not an officer—the member is not
discharged under subsection 101(3).
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196 Defence Act 1903
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(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
(c) in either case—the defence member may be reduced, 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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Section 106
Defence Act 1903 197
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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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Section 108
198 Defence Act 1903
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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;
(c) the provision of samples for the purpose of prohibited
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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(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
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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
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;
(c) to advise on matters concerning the military justice system,
including making recommendations for improvements;
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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
(c) deaths of members of the Defence Force, where the relevant
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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Section 110DA
202 Defence Act 1903
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(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
(c) at the request of an individual.
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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Division 2
Section 110E
Defence Act 1903 203
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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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Section 110I
204 Defence Act 1903
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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
(c) compounds with his or her creditors; 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
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(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
(c) an Assistant IGADF.
(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
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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
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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;
(c) the decision is or was made in response to an application.
(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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Division 3 Review of decisions by the Tribunal
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);
or
(c) the application is frivolous or vexatious.
(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;
(c) if there is no majority, the decision of the presiding Tribunal
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
(c) 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).
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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(c) the Tribunal, as constituted in accordance with a direction
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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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;
(c) the whole or any part of any decision or report made or given
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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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;
(c) the nature or form of Tribunal proceedings (for example,
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
(c) the Tribunal member engages in paid employment that, in the
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;
(c) proof of decisions or orders of 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
(c) holds a rank not lower than the naval rank of captain or the
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);
(c) to establish and maintain, in accordance with
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
(c) a person who is acting in a position usually occupied by a
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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Division 2 Attachment of personnel and mutual powers of command
Section 116B
236 Defence Act 1903
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
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
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
(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
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
(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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Section 116D
Defence Act 1903 239
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
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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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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Section 116G
Defence Act 1903 241
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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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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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Section 116K
Defence Act 1903 243
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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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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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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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Section 116Y
Defence Act 1903 249
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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
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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;
(c) regulating or prohibiting tourism in public areas;
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Section 116ZD
Defence Act 1903 251
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(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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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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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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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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(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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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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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
(c) an officer of the Air Force who holds the rank of Air
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
(c) an officer of the Air Force who holds the rank of Air Marshal
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
(c) an officer of the Air Force who holds the rank of Air
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;
(c) powers in relation to flexible service determinations under
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
(c) 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.
(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
(c) for purposes prescribed for the purpose of this paragraph.
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;
(c) for the purposes of the Income Tax Assessment Act 1997, the
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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(c) any act or thing done by or on behalf of Australian Defence
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
(C) the conduct of a particular kind of operation; 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
(c) at a gathering of members of the Defence Force (with 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;
or
(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
(c) the regulation or prohibition of the carriage, possession or
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
(c) the Minister considers it appropriate to authorise the
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;
(c) an officer in command of an activity 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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Part XI—Regulations
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
(c) deductions from the remuneration of a member or from
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
(c) the service of a member;
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
(c) any information, document or thing obtained as a direct or
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
1
Warrant Officer
15 Chief Petty Officer Warrant Officer Class
2
Flight Sergeant
16 Staff Sergeant
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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
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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
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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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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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Endnote 3—Legislation history
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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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Endnotes
Endnote 3—Legislation history
290 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
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
41
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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Endnotes
Endnote 3—Legislation history
Defence Act 1903 291
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
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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Endnotes
Endnote 3—Legislation history
292 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
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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Endnotes
Endnote 3—Legislation history
Defence Act 1903 293
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
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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Endnotes
Endnote 3—Legislation history
294 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
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
(c) in the case of the other amendments of that Act—come into
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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Endnotes
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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Endnotes
Endnote 3—Legislation history
Defence Act 1903 311
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
(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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Endnotes
Endnote 3—Legislation history
312 Defence Act 1903
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
(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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Endnotes
Endnote 4—Amendment history
Defence Act 1903 313
Compilation No. 68 Compilation date: 21/10/16 Registered: 21/10/16
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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Endnotes
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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Endnotes
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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Endnotes
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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Endnotes
Endnote 4—Amendment history
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
Endnote 4—Amendment history
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
Endnote 4—Amendment history
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
Endnote 4—Amendment history
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
Endnote 4—Amendment history
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
Endnotes
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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
Authorised Version C2016C00955 registered 21/10/2016
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