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Defence Regulation 2016 (consolidated as of September 4, 2018)

Defence Regulation 2016

Authorised Version F2018C00608 registered 17/09/2018

made under the

Defence Act 1903

Compilation No. 2

Compilation date: 4 September 2018

Includes amendments up to: F2018L01252

Registered: 17 September 2018

Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation

This compilation

This is a compilation of the Defence Regulation 2016 that shows the text of the law as

amended and in force on 4 September 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the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.

Authorised Version F2018C00608 registered 17/09/2018

Contents

Part 1—Preliminary 1 1 Name........................................................................................................................... 1

3 Authority..................................................................................................................... 1

5 Objects of this regulation ............................................................................................ 1

6 Definitions .................................................................................................................. 1

Part 2—Service chiefs 4 7 Appointment as service chief ...................................................................................... 4

8 Acting appointments ................................................................................................... 4

9 Resignation ................................................................................................................. 4

10 Termination of appointment as service chief .............................................................. 4

11 Remuneration and allowances..................................................................................... 5

Part 3—Service in the Defence Force 6

Division 1—Appointment and enlistment 6

12 Appointment and enlistment ....................................................................................... 6

Division 2—Promotion and reduction in rank 7

13 Promotion ................................................................................................................... 7

14 Reduction in rank........................................................................................................ 7

Division 3—Transfers 8

15 Transfer between arms of the Defence Force.............................................................. 8

16 Transfer from Permanent Forces to Reserves ............................................................. 8

17 Voluntary transfer from Reserves to Permanent Forces.............................................. 8

Division 4—Changing periods of service 9

18 Voluntary change ........................................................................................................ 9

19 Time of war or defence emergency............................................................................. 9

20 Defence Force discipline............................................................................................. 9

Division 5—End of service or period of service 10

21 Becoming member of Reserves after service in Permanent

Forces.........................................................................................................................10

22 End of service in the Reserves—5 year rule ..............................................................10

23 Retirement age ...........................................................................................................10

24 Early termination of service .......................................................................................11

25 Service obligation debts .............................................................................................11

26 Change of reason for end of service...........................................................................12

Division 6—Service in the Reserves 13

27 Service in the Reserves ..............................................................................................13

Division 7—Suspension from duty 14

28 Suspension from duty ................................................................................................14

Division 8—Forfeiture of pay—absent without leave 15

29 Forfeiture of pay—absent without leave ....................................................................15

Division 9—Notice to members 16

30 Notice to members .....................................................................................................16

Part 4—Honorary ranks 17 31 Honorary officer ranks ...............................................................................................17

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32 Honorary enlisted ranks .............................................................................................17

Part 5—Privileges after end of service 18 33 Title after end of service ............................................................................................18

34 Wearing of uniform after end of service ....................................................................18

Part 6—Defence honours and awards 19 35 Defence honours ........................................................................................................19

36 Defence awards..........................................................................................................20

37 Disclosure of information about honours and awards ................................................21

Part 7—Redress of grievances 22 38 Object of this Part ......................................................................................................22

39 Chief of the Defence Force may authorise person to receive

complaints..................................................................................................................22

40 Making a complaint ...................................................................................................22

41 Manner of making complaint .....................................................................................23

42 Action to consider complaint or redress grievance ....................................................23

43 Referral to Inspector-General ADF............................................................................23

44 Inspector-General ADF to consider complaint...........................................................24

45 Action by Inspector-General ADF .............................................................................24

46 Inspector-General ADF may decide not to consider

complaint ...................................................................................................................25

47 Withdrawing complaint..............................................................................................25

48 Victimisation..............................................................................................................25

Part 8—Medical and dental treatment 27 49 Provision of medical and dental treatment .................................................................27

50 Recovery of the costs of treatment in certain circumstances......................................27

Part 9—Oaths and affirmations etc. for members serving

overseas 28 51 Oaths and affirmations etc. for members outside Australia .......................................28

52 Meaning of competent officer ....................................................................................28

Part 10—Certification of deaths 29 53 Minister may issue death certificates .........................................................................29

54 Cancellation and correction of death certificates .......................................................29

55 Dealing with property ................................................................................................30

56 No civil or criminal liability for reliance on certificate or

cancellation ................................................................................................................30

Part 11—Defence areas 31

Division 1—Application of Part 31

57 Application ................................................................................................................31

Division 2—Defence areas 32

58 Declaration of defence area........................................................................................32

59 Prohibition of entry into defence area ........................................................................32

60 Requirement to remove property from defence area ..................................................33

61 Installation of equipment ...........................................................................................34

62 Permission requirements ............................................................................................34

63 Removal from defence area .......................................................................................35

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64 Offence of obstructing or hindering ...........................................................................35

65 Other defence operations and practices......................................................................35

66 Division binds the Crown ..........................................................................................36

Division 3—Compensation 37

67 Compensation for loss or damage ..............................................................................37

68 Compensation for acquisition of property..................................................................37

Part 11A—Defence aviation areas 38

Division 1—General 38

68A Application ................................................................................................................38

68B Interpretation..............................................................................................................38

Division 2—Requirements in relation to defence aviation areas 39

Subdivision A—Construction of buildings, structures and objects 39

68C Construction of buildings, structures and objects in defence

aviation areas above specified height restrictions ......................................................39

68D Construction of buildings, structures and objects in defence

aviation areas that generate plumes or air turbulence above

specified height restrictions .......................................................................................39

68E Applications for approval...........................................................................................39

68F Grant or refusal of approval .......................................................................................41

68G Conditions of approval to be complied with ..............................................................41

Subdivision B—Hazardous objects 42

68H Hazardous objects ......................................................................................................42

68J Applications for approval...........................................................................................42

68K Grant or refusal of approval .......................................................................................42

68L Conditions of approval to be complied with ..............................................................43

Subdivision C—Buildings, structures or objects may be removed

or marked etc. 43

68M Removal or marking etc. of buildings, structures or objects ......................................43

68N Removal or marking of buildings, structures or objects in

urgent situations.........................................................................................................44

Division 3—Monitoring 46

68P Provisions subject to monitoring under the Regulatory

Powers Act.................................................................................................................46

68Q Information subject to monitoring under the Regulatory

Powers Act.................................................................................................................46

Division 4—Compensation 47

68R Compensation for diminution of land value, loss or damage .....................................47

68S Compensation for acquisition of property..................................................................47

Division 5—Review of decisions 48

68T Review by Administrative Appeals Tribunal .............................................................48

Part 12—Aid to civilian authorities 49 69 Aid to civilian authorities...........................................................................................49

Part 13—Visiting Forces 50 70 Countries to which provisions of Part IXA of the Act apply .....................................50

71 Form of warrant .........................................................................................................51

72 Sentences imposed by service tribunals of other countries ........................................51

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73 Evidence of facts by certificate ..................................................................................51

Part 14—Prohibited words and letters 53 74 Prohibited words ........................................................................................................53

75 Prohibited letters ........................................................................................................53

76 Use of prohibited words or letters ..............................................................................54

77 Consent to use prohibited words or letters .................................................................54

78 Review by Administrative Appeals Tribunal .............................................................55

79 Treatment of partnerships ..........................................................................................55

80 Treatment of unincorporated associations and bodies................................................55

Part 15—War graves 57 81 War graves .................................................................................................................57

Part 16—Delegations 58 82 Delegation of Minister’s powers ................................................................................58

83 Delegation of Secretary’s powers ..............................................................................58

84 Delegation of Chief of the Defence Force’s powers ..................................................59

Part 17—Transitional provisions 60

Division 1—General 60

85 Processes begun under Defence Force Regulations 1952 or

Defence (Personnel) Regulations 2002......................................................................60

86 Applications relating to prohibited words or letters ...................................................60

87 Defence areas.............................................................................................................60

88 Retirement age ...........................................................................................................60

89 Medical and dental treatment .....................................................................................61

Division 2—Amendments made by Defence Amendment

(Defence Aviation Areas) Regulations 2018 62

90 Definitions .................................................................................................................62

91 Things done by, or in relation to, the Minister ...........................................................62

92 Things started but not finished by the Minister..........................................................62

93 Transitional—appeals to the Administrative Appeals

Tribunal made, but not determined, before commencement ......................................62

94 Transitional—applications under old regulations continue to

have effect..................................................................................................................62

95 Transitional—approvals under old regulations continue in

force ...........................................................................................................................63

Schedule 1—Oath and affirmation 64 1 Form of oath ..............................................................................................................64

2 Form of affirmation....................................................................................................64

3 Persons before whom oath or affirmation may be taken or

made...........................................................................................................................65

Schedule 2—Form of warrant 66

Endnotes 68

Endnote 1—About the endnotes 68

Endnote 2—Abbreviation key 69

Endnote 3—Legislation history 70

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71Endnote 4—Amendment history

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Preliminary Part 1

Section 1

Part 1—Preliminary

1 Name

This is the Defence Regulation 2016.

3 Authority

This instrument is made under the Defence Act 1903.

5 Objects of this regulation

The objects of this instrument are as follows:

(a) to facilitate the good governance and the effective and efficient operation

of the Defence Force;

(b) to provide the Chief of the Defence Force with the flexibility to deliver

capability and preparedness outcomes (including developing force structure

options);

Defence Force;

(d) to provide personnel management that supports the appointment,

enlistment, promotion and retention of appropriate persons for service in

the Defence Force.

Note: Command in chief of the Defence Force is vested in the Governor-General: see

section 68 of the Constitution.

6 Definitions

(1) In this instrument:

Act means the Defence Act 1903.

air turbulence means a movement of air with an upward vertical velocity of 4.3

metres per second.

Australian Government officer means:

(a) a person who holds an office or appointment under a law of the

Commonwealth; or

(b) an APS employee; or

under a law of the Commonwealth; or

(d) a contractor engaged by the Commonwealth or by a body corporate

mentioned in paragraph (c).

authorised complaint recipient: see subsection 39(2).

change a period of service: see subsection 18(3).

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Part 1 Preliminary

Section 6

committee of management of an unincorporated association or body of persons

means the body (however described) that governs, manages or conducts the

affairs of the association or body.

Commonwealth land means land owned or occupied by the Commonwealth, but

does not include land leased from the Commonwealth unless the lease is subject

to a condition that the land may be used by the Defence Force for carrying out a

defence operation or practice.

competent officer: see section 52.

covered service: see paragraph 25(1)(c).

death certificate means a death certificate or a corrected death certificate issued

under Part 10.

decision has the same meaning as in the Administrative Appeals Tribunal Act

1975.

defence area: see subsection 58(1).

defence award: see section 36.

defence honour: see section 35.

defence materiel means goods for use for defence purposes, and includes the

following:

(a) goods being developed for defence purposes;

(b) goods being tested for use for defence purposes;

enlisted member means a member other than an officer.

enlisted rank means:

(a) in relation to the Navy—a rank below the rank of Midshipman; or

(b) in relation to the Army and the Air Force—a rank below the rank of

Officer Cadet.

initial obligation amount: see subsection 25(3).

interest, in relation to land, has the same meaning as in the Lands Acquisition Act

1989.

interests of the Defence Force: see subsection (2).

Ministerial declaration means a declaration by the Minister under

section 117AC of the Act declaring an area to be a defence aviation area.

object includes a tree, any other natural obstacle, a building, vehicle, vessel or

machine.

pay includes all remuneration, allowances and other benefits under Part IIIA of

the Act.

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Preliminary Part 1

Section 6

police officer means:

(a) a member or special member of the Australian Federal Police; or

(b) a member of the police force of a State or Territory.

prohibited letters: see section 75.

prohibited words: see section 74.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act

2014.

service chief: see subsection 7(2).

service debt calculation method: see subsection 25(4).

service obligation debt: see subsection 25(1).

service offence has the same meaning as in the Defence Force Discipline Act

1982.

(2) Reasons for something being or not being in the interests of the Defence Force

include reasons relating to one or more of the following:

(a) a member’s performance;

(b) a member’s behaviour (including any convictions for criminal or service

offences);

(i) in the Defence Force; or

(ii) in a particular role or rank;

(d) workforce planning in the Defence Force;

(e) the effectiveness and efficiency of the Defence Force;

(f) the morale, welfare and discipline of the Defence Force;

(g) the reputation and community standing of the Defence Force.

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Part 2 Service chiefs

Section 7

Part 2—Service chiefs

7 Appointment as service chief

(1) The Governor-General may, by written instrument, appoint the following:

(a) an officer of the Navy to be Chief of Navy;

(b) an officer of the Army to be Chief of Army;

(2) A person appointed under subsection (1) is a service chief.

(3) Before the Governor-General appoints a service chief, the Minister must take

into account the recommendations of the Chief of the Defence Force.

(4) A service chief holds office for the period, and on the conditions, specified in his

or her instrument of appointment.

(5) A service chief ceases to hold office if he or she ceases to be an officer of the

arm of the Defence Force for which he or she was appointed.

8 Acting appointments

The Chief of the Defence Force may, by written instrument, appoint an officer

who is eligible for appointment to an office of service chief to act in the office:

(a) during a vacancy in the office; or

(b) during any period, or during all periods, when the service chief who holds

the office:

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

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

9 Resignation

(1) A service chief may resign his or her appointment as a service chief 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.

10 Termination of appointment as service chief

(1) The Governor-General may, by notice in writing, terminate the appointment of a

service chief.

(2) Before the Governor-General terminates the appointment of a service chief, the

Minister must have received a report about the proposed termination from the

Chief of the Defence Force.

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Service chiefs Part 2

Section 11

11 Remuneration and allowances

(1) A service chief 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, the service chief is to be paid the remuneration that is prescribed

by the regulations.

(2) A service chief is to be paid the allowances determined under Part IIIA of the

Act.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

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Part 3 Service in the Defence Force

Division 1 Appointment and enlistment

Section 12

Part 3—Service in the Defence Force

Division 1—Appointment and enlistment

12 Appointment and enlistment

(1) The Chief of the Defence Force may:

(a) appoint a person as an officer of the Navy, the Army or the Air Force; or

(b) enlist a person in the Navy, Army or Air Force.

(2) The Governor-General may issue a commission to an officer.

(3) Before a person is appointed or enlisted, consideration must be given to whether

the person is a fit and proper person to perform duties as such an officer or

enlisted member.

Conditions of appointment or enlistment

(4) An appointment or enlistment is subject to any conditions specified by the Chief

of the Defence Force at the time of the appointment or enlistment.

Note: For example, an appointment or enlistment could be subject to a probationary period.

Period of appointment or enlistment

(5) An appointment or enlistment is for:

(a) the period of service specified at the time of the appointment or enlistment;

(b) if no period is so specified—an indefinite period.

Note: A period of service may be changed under Division 4.

Oath or affirmation

(6) A person must, before being appointed or enlisted or as soon as practicable after

being appointed or enlisted:

(a) take the oath set out in clause 1 of Schedule 1; or

(b) make the affirmation set out in clause 2 of Schedule 1.

(7) The oath or affirmation must be taken or made before a person mentioned in

clause 3 of Schedule 1.

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Service in the Defence Force Part 3

Promotion and reduction in rank Division 2

Section 13

Division 2—Promotion and reduction in rank

13 Promotion

(1) The Chief of the Defence Force may:

(a) promote a member to a higher rank; or

(b) direct a member to act in a higher rank.

(2) A promotion or direction to act in a higher rank is subject to any conditions

specified at the time of the promotion or direction.

Note: For example, a promotion or direction to act in a higher rank could be subject to a

probationary period.

(3) Before a member is promoted to, or directed to act in, a higher rank,

consideration must be given to whether the member is a fit and proper person to

perform duties at the higher rank.

14 Reduction in rank

(1) The Chief of the Defence Force may reduce the rank of a member for one or

more of the following reasons:

(a) retention of the member at his or her current rank is not in the interests of

the Defence Force;

(b) the member cannot usefully serve at his or her current rank because of

redundancy in the Defence Force;

his or her current rank;

(d) the member applies for, or agrees to, the reduction.

Note: For interests of the Defence Force, see subsection 6(2).

(2) For a reduction under paragraph (1)(a) or (b), the member must be given notice

and at least 14 days after the date of the notice to provide a written response.

Note: For notice to members, see section 30.

(3) However, if the member has been promoted subject to a probationary period,

notice is not required during that period to return the member to the rank held

immediately before the promotion.

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Part 3 Service in the Defence Force

Division 3 Transfers

Section 15

Division 3—Transfers

15 Transfer between arms of the Defence Force

(1) The Chief of the Defence Force may transfer a member from one arm of the

Defence Force to another arm of the Defence Force.

(2) The transfer is subject to any conditions specified by the Chief of the Defence

Force.

16 Transfer from Permanent Forces to Reserves

(1) The Chief of the Defence Force may transfer a member from the Permanent

Forces to the Reserves if the transfer is in the interests of the Defence Force.

Note: For interests of the Defence Force, see subsection 6(2).

(2) The member must be given notice of the transfer and at least 14 days after the

date of the notice to provide a written response.

Note: For notice to members, see section 30.

17 Voluntary transfer from Reserves to Permanent Forces

(1) The Chief of the Defence Force may transfer a member from the Reserves to the

Permanent Forces if the member applies for, or agrees to, the transfer.

(2) The transfer is subject to any conditions specified by the Chief of the Defence

Force.

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Service in the Defence Force Part 3

Changing periods of service Division 4

Section 18

Division 4—Changing periods of service

18 Voluntary change

(1) The Chief of the Defence Force may change a period of service for a member if

the member applies for, or agrees to, the change.

(2) The change is subject to any conditions specified by the Chief of the Defence

Force.

(3) Change a period of service includes the following:

(a) extend a period of service;

(b) reduce a period of service;

(d) convert an indefinite period of service to a fixed period of service.

19 Time of war or defence emergency

(1) If a member’s period of service would end during a time of war or during a

defence emergency, the period of service is extended until the Chief of the

Defence Force releases the member from service.

(2) The Chief of the Defence Force must release the member from service as soon as

practicable after the end of the time of war or the defence emergency.

(3) This section does not prevent a period of service being changed during a time of

war or during a defence emergency under another provision of this regulation.

20 Defence Force discipline

The Chief of the Defence Force may extend a member’s period of service for the

purpose of ensuring that a process under the Defence Force Discipline Act 1982

relating to the member is completed before the member’s period of service ends.

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Part 3 Service in the Defence Force

Division 5 End of service or period of service

Section 21

Division 5—End of service or period of service

21 Becoming member of Reserves after service in Permanent Forces

(1) If the period of service of a member of the Permanent Forces ends, the member

becomes a member of the Reserves.

Period of Reserve service

(2) The member’s period of service in the Reserves is:

(a) if, before the member’s service in the Permanent Forces ends, the Chief of

the Defence Force specifies a period of service in the Reserves for the

member—that period; or

(b) otherwise—an indefinite period.

When member does not become a member of the Reserves

(3) However, the member does not become a member of the Reserves if:

(a) the Chief of the Defence Force directs that the member is not to become a

member of the Reserves; or

(b) the member’s service is terminated under section 24 (early termination of

service) other than because of redundancy in the Defence Force; or

the Defence Force Discipline Act 1982.

22 End of service in the Reserves—5 year rule

(1) An indefinite period of service in the Reserves ends if, during a continuous

period of 5 years, the member has not been required to render service as a

member of the Reserves.

(2) However, before service ends under subsection (1), the Chief of the Defence

Force may direct that the service:

(a) continues indefinitely; or

(b) ends at another time.

23 Retirement age

(1) A member’s service (whether in the Permanent Forces or the Reserves) ends

when the member reaches his or her retirement age.

(2) Subsection (1) has effect subject to:

(a) section 19 (time of war or defence emergency); and

(b) any written direction by the Chief of the Defence Force allowing the

member to serve beyond the member’s retirement age.

(3) There is no retirement age for an Admiral of the Fleet, a Field Marshal or a

Marshal of the Royal Australian Air Force.

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Service in the Defence Force Part 3

End of service or period of service Division 5

Section 24

(4) Retirement ages for other members are as follows:

(a) for a member of the Permanent Forces who holds the rank of Admiral,

General or Air Chief Marshal—63 years of age;

(b) for any other member of the Permanent Forces—60 years of age;

24 Early termination of service

(1) The Chief of the Defence Force may terminate the service of a member for one

or more of the following reasons:

(a) the member is medically unfit for service in the Defence Force;

(b) the member cannot usefully serve because of redundancy in the Defence

Force;

(d) the member has failed to meet a condition of his or her appointment or

enlistment;

(e) the member has been absent without leave for a continuous period of 3

months or more.

Note: For interests of the Defence Force, see subsection 6(2).

(2) For termination under paragraph (1)(a), (b) or (c), the member must be given

notice and at least 14 days after the date of the notice to provide a written

response.

Note: For notice to members, see section 30.

(3) However, if the member’s appointment or enlistment is subject to a probationary

period, notice is not required during that period.

When termination because of redundancy can occur

(4) Termination because of redundancy (other than during a probationary period)

must not occur until 5 weeks after notice is given unless the member agrees to

earlier termination.

25 Service obligation debts

(1) A member owes a debt (the service obligation debt) to the Commonwealth if:

(a) the Chief of the Defence Force changes a period of service for the member;

and

(b) the member applied for the change; and

(the covered service) that is:

(i) an initial minimum period of service; or

(ii) a period of service required under a return of service obligation.

(2) The amount of the service obligation debt is the amount worked out using:

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Part 3 Service in the Defence Force

Division 5 End of service or period of service

Section 26

(a) the initial obligation amount for the covered service; and

(b) the service debt calculation method for the covered service.

(3) The initial obligation amount for the covered service is the amount:

(a) determined by the Chief of the Defence Force for the covered service; and

(b) notified to the member:

(i) before the member began the initial minimum period of service; or

(ii) before the training or other activities or events that gave rise to the

return of service obligation.

(4) The service debt calculation method for the covered service is the method for

reducing the initial obligation amount for the covered service according to the

portion of the covered service that has been completed that was:

(a) determined by the Chief of the Defence Force for the covered service; and

(b) notified to the member:

(i) before the member began the initial minimum period of service; or

(ii) before the training or other activities or events that gave rise to the

return of service obligation.

Covered service begun before commencement

(5) However, if the period of covered service began before the commencement of

this section, the amount of the service obligation debt is the amount determined

by the Chief of the Defence Force as if:

(a) the Defence (Personnel) Regulations 2002, as in force immediately before

the commencement of this section, continued in effect; and

(b) references in regulations 88 to 98 of those Regulations to the Chief of the

member’s service were references to the Chief of the Defence Force; and

member pay a specified amount of money.

Waiver of service obligation debts

(6) The Chief of the Defence Force may waive all or part of a service obligation

debt.

26 Change of reason for end of service

(1) This section applies if:

(a) the service of a member of the Defence Force has been terminated or has

ended for a particular reason; and

(b) the Chief of the Defence Force is satisfied that the member’s service could

properly have been terminated or ended for another reason.

(2) The Chief of the Defence Force may ensure that the member’s service is treated

as having been terminated or ended for the other reason:

(a) at the request or with the agreement of the member; or

(b) at the request or with the agreement of the member’s family.

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Service in the Defence Force Part 3

Service in the Reserves Division 6

Section 27

Division 6—Service in the Reserves

27 Service in the Reserves

A member of the Reserves is bound to render service (including periods of

training) as required by the Chief of the Defence Force.

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Part 3 Service in the Defence Force

Division 7 Suspension from duty

Section 28

Division 7—Suspension from duty

28 Suspension from duty

(1) The Chief of the Defence Force may suspend a member from duty if:

(a) the member:

(i) has been given notice of a proposed termination of the member’s

service under subsection 24(2); and

(ii) has not been informed that the proposed termination will not proceed;

(b) the member:

(i) has been given notice under section 100 of the Act of the return of a

positive test result for a prohibited substance test; and

(ii) has not been informed that his or her service will not be terminated

because of the result; or

service under subsection 24(1), but the decision has not yet taken effect.

(2) The suspension may be:

(a) with pay, without pay or on part pay; and

(b) ended or varied at any time by the Chief of the Defence Force.

(3) The suspension ends if the member is informed:

(a) for termination under section 24—that the proposed termination will not

proceed; or

(b) for notice under section 100 of the Act—that his or her service will not be

terminated because of the result.

(4) For suspension without pay or on part pay, the member must be given notice and

at least 7 days after the date of the notice to provide a written response.

Note: For notice to members, see section 30.

(5) The Chief of the Defence Force may retrospectively vary a suspension:

(a) if the suspension was without pay—by changing it to suspension with pay

or on part pay; or

(b) if the suspension was on part pay—by increasing the amount of part pay or

changing it to suspension with pay.

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Service in the Defence Force Part 3

Forfeiture of pay—absent without leave Division 8

Section 29

Division 8—Forfeiture of pay—absent without leave

29 Forfeiture of pay—absent without leave

(1) If a member is absent from duty without leave, the member’s pay is forfeited to

the Commonwealth.

(2) To avoid doubt, subsection (1):

(a) applies whether or not the member has been charged with or convicted of a

service offence in relation to the absence; and

(b) may apply to a member who is in civil custody.

(3) The Chief of the Defence Force may determine that some or all pay otherwise

forfeited under this section is not forfeited.

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Part 3 Service in the Defence Force

Division 9 Notice to members

Section 30

Division 9—Notice to members

30 Notice to members

Content of notice

(1) If a provision of this Part requires notice of an action to be given to a member,

the notice must:

(a) state that the action is proposed; and

(b) set out the reason for the proposal; and

action should not be taken; and

(d) set out the facts and circumstances necessary for the member to prepare the

written response; and

(e) specify the period for providing the written response.

When action can occur

(2) The action must not take place before one of the following occurs:

(a) the member provides the written response;

(b) the member states in writing that he or she does not intend to provide the

written response;

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Honorary ranks Part 4

Section 31

Part 4—Honorary ranks

31 Honorary officer ranks

(1) The Governor-General or the Chief of the Defence Force may appoint an officer

or another person to an officers’ rank that is to be held as an honorary rank.

(2) An honorary rank does not confer or imply a right to command, other than any

right to command which the Chief of the Defence Force confers on the officer or

person.

(3) The Governor-General or the Chief of the Defence Force may at any time revoke

an appointment to an officers’ rank made under this section.

32 Honorary enlisted ranks

(1) The Chief of the Defence Force may appoint an enlisted member or another

person to an enlisted rank that is to be held as an honorary rank.

(2) An honorary rank does not confer or imply a right to command, other than any

right to command which the Chief of the Defence Force confers on the enlisted

member or person.

(3) The Chief of the Defence Force may at any time revoke an appointment to an

enlisted rank made under this section.

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Part 5 Privileges after end of service

Section 33

Part 5—Privileges after end of service

33 Title after end of service

(1) If a member’s service in the Defence Force has ended, the Chief of the Defence

Force may grant to the former member an honorary title relating to the member’s

former appointment.

(2) An honorary title does not confer or imply:

(a) a right to command; or

(b) a position in, or membership of, the Defence Force.

(3) The Chief of the Defence Force may at any time revoke the grant of an honorary

title to a former member.

34 Wearing of uniform after end of service

(1) If a member’s service in the Defence Force has ended, the Chief of the Defence

Force may:

(a) permit the former member to wear a uniform relating to the former

member’s service; and

(b) specify conditions to which the permission is subject.

(2) The Chief of the Defence Force may at any time revoke permission for a former

member to wear a particular uniform.

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Defence honours and awards Part 6

Section 35

Part 6—Defence honours and awards

35 Defence honours

For section 110T of the Act, each item in the following table specifies a defence

honour.

Defence honours

Item Name of honour

Victoria Cross for Australia

Victoria Cross

Star of Gallantry

Companion of the Distinguished Service Order

Distinguished Service Cross (Australia)

Conspicuous Service Cross

Nursing Service Cross

Royal Red Cross (1st Class)

Distinguished Service Cross (Imperial)

Military Cross

Distinguished Flying Cross

Air Force Cross

Royal Red Cross (2nd Class)

Medal for Gallantry

Distinguished Service Medal (Australia)

Distinguished Conduct Medal

Conspicuous Gallantry Medal

Conspicuous Gallantry Medal (Flying)

Conspicuous Service Medal

Distinguished Service Medal (Imperial)

Military Medal

Distinguished Flying Medal

Air Force Medal

Queen’s Gallantry Medal

Commendation for Gallantry

Queen’s Commendation for Brave Conduct

Queen’s Commendation for Valuable Service in the Air

Mention in Despatches

Commendation for Distinguished Service

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Part 6 Defence honours and awards

Section 36

36 Defence awards

For section 110T of the Act, each item in the following table specifies a defence

award.

Defence awards

Item Name of award

1 Naval General Service Medal 1915–62

2 General Service Medal 1918–62

3 1939–45 Star

4 Atlantic Star

Air Crew Europe Star

6 Africa Star

7 Pacific Star

8 Burma Star

9 Italy Star

France and Germany Star

Defence Medal

War Medal, 1939–45

Australia Service Medal 1939–45

Australian Active Service Medal 1945–1975

Korea Medal

United Nations Service Medal for Korea

General Service Medal 1962

Vietnam Medal

Vietnam Logistic and Support Medal

20 Australian Active Service Medal

21 International Force East Timor Medal

22 Afghanistan Medal

23 Iraq Medal

24 Australian Service Medal 1945–75

Australian General Service Medal for Korea

Australian Service Medal

Australian Operational Service Medal

Rhodesia Medal

Defence Force Service Medal

Reserve Force Decoration

Reserve Force Medal

Defence Long Service Medal

Australian Cadet Forces Service Medal

Champion Shots Medal

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Section 37

Defence awards

Item Name of award

Army Best Shots Medal

Queen’s Medal for Champion Shots of the RAAF

Royal Navy Long Service and Good Conduct Medal

Royal Navy Volunteer Reserve Decoration

Royal Navy Reserve Decoration

Royal Naval Reserve Long Service and Good Conduct Medal

Royal Naval Volunteer Reserve Long Service and Good Conduct Medal

Royal Fleet Reserve Long Service and Good Conduct Medal

Meritorious Service Medal

44 Long Service and Good Conduct Medal (Army)

45 Efficiency Decoration

46 Efficiency Medal

47 Meritorious Service Medal (RAAF)

48 Long Service and Good Conduct Medal (RAAF)

49 Air Efficiency Award

50 Cadet Forces Medal

51 Australian Defence Medal

52 Anniversary of National Service 1951–1972 Medal

37 Disclosure of information about honours and awards

(1) A person commits an offence if:

(a) the person discloses information; and

(b) the information is obtained by the person as a member of the Defence

Honours and Awards Appeals Tribunal, or as a person assisting the

Tribunal; and

reviewable decision (within the meaning of section 110V of the Act).

Penalty: 10 penalty units.

(2) Subsection (1) does not apply if:

(a) the disclosure is in the performance of the person’s duties as a member of

the Tribunal, or as a person assisting the Tribunal; or

(b) the disclosure of the information is permitted or required by the Act or by

procedural rules made under section 110XH of the Act; or

section 110XD of the Act; or

(d) the disclosure of the information is only by or to the person to whom the

information relates; or

(e) the disclosure of the information is authorised by the person to whom the

information relates.

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Part 7 Redress of grievances

Section 38

Part 7—Redress of grievances

38 Object of this Part

The object of this Part is to provide a process for a member to seek redress of a

grievance the member has about a decision, act or omission that relates to the

member’s service in the Defence Force.

39 Chief of the Defence Force may authorise person to receive complaints

(1) The Chief of the Defence Force may, by written instrument, authorise one or

more of the following to receive complaints made under this Part:

(a) an officer;

(b) an APS employee who holds, or performs the duties of, a position not

below APS 6 in the Department.

(2) A person so authorised is an authorised complaint recipient.

40 Making a complaint

(1) A member may make a complaint under this Part if the member considers:

(a) that a decision, act or omission in relation to the member’s service is

adverse or detrimental to him or her; and

(b) that the adverse or detrimental effect of the decision, act or omission is

capable of being redressed by:

(i) the Chief of the Defence Force, or another member of the Defence

Force; or

(ii) the Secretary or an employee of the Department; or

(iii) a delegate of, or a person authorised by, the Chief of the Defence

Force or Secretary.

(2) However, a member must not make a complaint under this Part in relation to any

of the following:

(a) a decision or act under this Part, or an omission to make a decision or do an

act under this Part;

(b) a decision, act or omission of the Inspector-General ADF;

Defence (Inquiry) Regulations 1985;

(d) a decision to give, or not to give, a particular assessment, grade or rating as

the result of a performance appraisal;

(e) a decision, judgment or order made by a civil or criminal court, a service

tribunal or the Defence Force Discipline Appeal Tribunal;

(f) a liability arising under section 68 or 69 of the Public Governance,

Performance and Accountability Act 2013;

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Section 41

(g) an act that is part of the administrative process for making a decision, other

than as part of a complaint about the decision.

41 Manner of making complaint

(1) A complaint by a member under this Part must:

(a) be made in a form approved by the Chief of the Defence Force; and

(b) include information about the decision, act or omission concerned; and

(d) be given to the member’s commanding officer or to an authorised

complaint recipient.

(2) If the complaint relates to a decision to terminate the member’s service, it must

be made within 14 days after the member was notified of the decision.

(3) If the complaint does not relate to a decision to terminate the member’s service,

it must be made:

(a) within 6 months after the member:

(i) was notified of the decision, act or omission concerned; or

(ii) could reasonably be expected to have known about the decision, act or

omission; or

(b) if the Inspector-General ADF is satisfied that exceptional circumstances

exist—within the time allowed by the Inspector-General ADF.

42 Action to consider complaint or redress grievance

A commanding officer or authorised complaint recipient who is given a

complaint under this Part may do one or more of the following:

(a) consider the complaint;

(b) take action to redress the member’s grievance;

(d) refer the complaint to another person who is capable of redressing the

member’s grievance;

(e) refer the complaint to be dealt with under another complaint handling

procedure.

43 Referral to Inspector-General ADF

(1) A commanding officer or an authorised complaint recipient who is given a

complaint under this Part by a member must, within 14 days after receiving the

complaint:

(a) refer the complaint to the Inspector-General ADF; and

(b) notify the member, in writing, that the complaint has been referred to the

Inspector-General ADF.

(2) The commanding officer or authorised complaint recipient may also give the

Inspector-General ADF any other information or material that the commanding

officer or authorised complaint recipient considers relevant.

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Section 44

(3) If the member is not notified in accordance with paragraph (1)(b), the member

may give the complaint to the Inspector-General ADF.

44 Inspector-General ADF to consider complaint

(1) If a complaint is made by a member under this Part, the Inspector-General ADF

must consider the complaint.

(2) Subsection (1) has effect subject to section 46 of this instrument and

subsection 110DB(1) of the Act.

Note: Subsection 110DB(1) of the Act provides that the Inspector-General ADF may end an

inquiry or investigation if he or she is satisfied that it is not warranted having regard to

all the circumstances.

(3) In considering the complaint, the Inspector-General ADF may adopt any

procedure that he or she considers appropriate in the circumstances.

45 Action by Inspector-General ADF

(1) After considering the complaint, the Inspector-General ADF:

(a) must inform either the member’s commanding officer or a more senior

officer in the member’s chain of command of the findings made by the

Inspector-General ADF in relation to the complaint; and

(b) may inform any of the following of the findings made by the

Inspector-General ADF in relation to the complaint:

(i) the Minister;

(ii) the Chief of the Defence Force;

(iii) a service chief;

(iv) the Secretary;

(v) a member of the Defence Force;

(vi) an employee of the Department;

(vii) any other person the Inspector-General ADF considers is affected by a

finding.

(2) The Inspector-General ADF may give a report about the complaint, including the

findings and any recommendations by the Inspector-General ADF, to:

(a) any person mentioned in subsection (1); or

(b) if the report includes recommendations that the Inspector-General

considers would affect another person—to the other person.

(3) Recommendations made by the Inspector-General ADF may include, but are not

limited to, action that the Inspector-General ADF considers should be taken to

redress the adverse or detrimental effect of the decision, act or omission

concerned.

(4) The Inspector-General ADF must inform the member of the following:

(a) the findings made by the Inspector-General in relation to the complaint;

(b) who has been informed of the findings;

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Section 46

so who has been given the report.

46 Inspector-General ADF may decide not to consider complaint

(1) The Inspector-General ADF may decide not to consider the complaint, or to stop

considering the complaint, if in the Inspector-General ADF’s opinion:

(a) the commanding officer or authorised complaint recipient who received the

complaint has satisfactorily resolved the complaint, or will be able to

satisfactorily resolve the complaint; or

(b) the member’s grievance has already been considered under this Part or

another complaint handling procedure; or

under another complaint handling procedure; or

(d) the member did not make reasonable efforts to resolve the member’s

grievance before submitting the complaint under this Part; or

(e) the complaint does not include sufficient information about a decision, act

or omission to enable the complaint to be considered; or

(f) the complaint is frivolous or vexatious; or

(g) consideration of the complaint is not warranted having regard to all the

circumstances.

(2) If the Inspector-General ADF decides not to consider the complaint, the

Inspector-General ADF must notify the member, in writing, of:

(a) the decision; and

(b) the reasons for the decision.

47 Withdrawing complaint

(1) A member may withdraw a complaint made under this Part at any time by giving

written notice to:

(a) if the complaint has been given to the Inspector-General ADF—the

Inspector-General ADF; and

(b) if the complaint has not been given to the Inspector-General ADF—the

commanding officer or authorised complaint recipient to whom the

complaint was given.

(2) If the complaint has not been given to the Inspector-General ADF, the

commanding officer or authorised complaint recipient is not required to refer the

complaint to the Inspector-General ADF, but must inform the Inspector-General

ADF that the complaint was made and then withdrawn.

48 Victimisation

Causing detriment to another person

(1) A member, or an employee of the Department, commits an offence if:

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Section 48

(a) the member or employee engages in conduct that causes detriment to

another person; and

(b) the member or employee intends to cause the detriment because the other

person:

(i) has made, or proposes to make, a complaint under this Part; or

(ii) has redressed, or proposes to redress, a member’s grievance about a

decision, act or omission that relates to the member’s service in the

Defence Force; or

(iii) has taken, or proposes to take, any other action under this Part.

Penalty: 10 penalty units.

Threatening to cause detriment to another person

(2) A member, or an employee of the Department, commits an offence if:

(a) the member or employee makes a threat to another person (the second

person) to cause detriment to the second person or to a third person; and

(b) the member or employee:

(i) intends the second person to fear that the threat will be carried out; or

(ii) is reckless as to causing the second person to fear that the threat will

be carried out; and

(i) has made, or proposes to make, a complaint under this Part; or

(ii) has redressed, or proposes to redress, a member’s grievance about a

decision, act or omission that relates to the member’s service in the

Defence Force; or

(iii) has taken, or proposes to take, any other action in relation to this Part.

Penalty: 10 penalty units.

(3) For the purposes of subsection (2), a threat may be:

(a) express or implied; or

(b) conditional or unconditional.

(4) In a prosecution for an offence against subsection (2), it is not necessary to prove

that the person threatened actually feared that the threat would be carried out.

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Medical and dental treatment Part 8

Section 49

Part 8—Medical and dental treatment

49 Provision of medical and dental treatment

(1) The Commonwealth must arrange provision to a member of the Defence Force

rendering continuous full time service of medical and dental treatment necessary

to keep the member fit for the performance of the member’s duties.

(2) The provision of treatment under subsection (1) is not required to comply with a

law of a State or Territory if it complies with a Defence Instruction.

(3) The Commonwealth must arrange for the supply of pharmaceuticals required for

the provision of treatment under subsection (1), including arranging associated

activities such as transport, storage and possession of the pharmaceuticals.

(4) The supply of pharmaceuticals (and associated activities) under subsection (3) is

not required to comply with a law of a State or Territory if it complies with a

Defence Instruction.

50 Recovery of the costs of treatment in certain circumstances

(1) If:

(a) the Commonwealth provides medical or dental treatment to a member

under section 49 in relation to an illness or injury; and

(b) the Secretary is satisfied that the member may have an enforceable claim

for damages against a person for the illness or injury;

the Secretary may, in writing, require the member to pay an amount to the

Commonwealth for the treatment.

(2) The amount must not exceed the expense incurred by the Commonwealth.

(3) The amount is a debt due to the Commonwealth.

(4) Without limiting the means by which the debt may be recovered, the

Commonwealth may deduct the amount from the member’s salary and

allowances.

(5) Subsection (1):

(a) applies regardless of when the illness or injury occurred or when the

enforceable claim for damages may have arisen; and

(b) continues to apply to a person who ceases to be a member at any time after

receiving the treatment.

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Part 9 Oaths and affirmations etc. for members serving overseas

Section 51

Part 9—Oaths and affirmations etc. for members serving

overseas

51 Oaths and affirmations etc. for members outside Australia

(1) A competent officer may do the following for a member of the Defence Force

who is serving outside Australia:

(a) administer an oath or affirmation;

(b) take an affidavit;

(2) Any writing by the competent officer evidencing the oath, affirmation, affidavit

or witnessing must include the signature, name and rank of the competent

officer.

(3) However, the competent officer is not required to state the place where the oath

or affirmation is administered, the affidavit is sworn or the document is

witnessed.

(4) The oath, affirmation, affidavit or witnessing has effect:

(a) if it is substantially in accordance with a form provided by the

Commonwealth, a State or a Territory; and

(b) for the purposes of any law of the Commonwealth, a State or a Territory.

(5) For the purposes of this Part, a reference to a member of the Defence Force

includes a reference to:

(a) a person who accompanies a part of the Defence Force; or

(b) a member of the Defence Force who is a prisoner of war, interned or in

custody in a place outside Australia.

52 Meaning of competent officer

Each of the following is a competent officer:

(a) an officer;

(b) a member of the naval, military or air force of Canada, New Zealand, the

United Kingdom or the United States of America who holds a rank

equivalent to an officer;

interned or in custody in a place outside Australia—the person who is the

official representative of prisoners of war or other persons detained or

interned in that place.

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Certification of deaths Part 10

Section 53

Part 10—Certification of deaths

53 Minister may issue death certificates

(1) The Minister may issue a death certificate for a member of the Defence Force if

the Minister is satisfied that, while on service, the member:

(a) has died; or

(b) has become missing and is presumed to have died.

(2) The certificate must state:

(a) the date on which the member died or is presumed to have died; or

(b) a date before or after which the member died or is presumed to have died.

(3) The death certificate is evidence in all courts and for all purposes of the death,

and time of death, of the member.

(4) For the purposes of this Part, a reference to a member of the Defence Force

includes a reference to:

(a) a person who accompanies a part of the Defence Force; or

(b) a member of the Defence Force who is a prisoner of war, interned or in

custody in a place outside Australia.

54 Cancellation and correction of death certificates

(1) If the Minister is satisfied that a death certificate (the original certificate) is

incorrect, the Minister must:

(a) require the return of the original certificate; and

(b) either:

(i) cancel the original certificate; or

(ii) issue a corrected death certificate.

(2) Subsection (1) applies whether the original certificate is incorrect in respect of:

(a) a particular set out in the certificate; or

(b) the death of the member.

(3) If the original certificate is not returned, cancelling the original certificate or

issuing a corrected death certificate does not affect the rights of a person acting

in good faith in reliance on the original certificate.

Offences

(4) A person commits an offence if:

(a) the person has possession or control of a death certificate; and

(b) the Minister requires the person to return the death certificate; and

Penalty: 10 penalty units.

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Section 55

(5) A person commits an offence if:

(a) the person has possession or control of a death certificate; and

(b) either:

(i) the Minister requires the person to return the death certificate; or

(ii) the person knows that the Minister will require the person to return

the death certificate; and

certificate.

Penalty: 10 penalty units.

55 Dealing with property

(1) This section applies if a death certificate for a member is in effect.

(2) Leave of a court is not required for the distribution or administration of the

member’s estate if:

(a) probate of the member’s will has been granted or is proposed to be granted;

(b) administration of the member’s estate has been granted or is proposed to be

granted.

(3) No bond, surety or other security must be required in relation to money or other

property forming part of the member’s estate that would not have been required

if the member’s death had been proved conclusively.

56 No civil or criminal liability for reliance on certificate or cancellation

A person is not subject to any civil or criminal liability only because the person

has paid money or transferred property in good faith in reliance on a certificate

or cancellation under this Part.

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Defence areas Part 11

Application of Part Division 1

Section 57

Part 11—Defence areas

Division 1—Application of Part

57 Application

(1) This Part does not apply to a person if, immediately before the repeal of the

Defence Force Regulations 1952, Part VII of those regulations applied to the

person.

Note: For the application of Part VII of the Defence Force Regulations 1952, see

subsection 72TB(1) of the Act.

(2) Despite the repeal of the Defence Force Regulations 1952, Part VII of those

regulations continues to apply in accordance with subsection 72TB(1) of the Act.

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Part 11 Defence areas

Division 2 Defence areas

Section 58

Division 2—Defence areas

58 Declaration of defence area

(1) The Minister may, by legislative instrument, declare an area of land, sea or

airspace in or adjacent to Australia to be a defence area for use for a defence

purpose.

(2) The declaration must:

(a) specify the defence purpose for which the area is required; and

(b) specify whether entry into a defence area is to be:

(i) prohibited at all times; or

(ii) prohibited during particular periods as determined under

subsection 59(1).

(3) The Minister must not declare an area unless:

(a) the area is Commonwealth land; or

(b) for land that is not Commonwealth land—the consent in writing of the

occupier of the land has been obtained; or

Australia, to use the area for the purpose of:

(i) testing defence materiel; or

(ii) carrying out a defence operation or practice; or

(d) the area is a depot, factory, laboratory, store or other facility used by or on

behalf of the Commonwealth in relation to defence materiel.

(4) The area may be used for the defence purpose specified in the declaration.

59 Prohibition of entry into defence area

(1) If entry into a defence area is to be prohibited during particular periods, the Chief

of the Defence Force or the Secretary may determine a period when entry is

prohibited.

Note: For example, entry may be prohibited while a defence operation or practice takes place.

(2) The Chief of the Defence Force or the Secretary must cause such notice to be

given of a prohibition of entry into the area as is reasonably required, having

regard to:

(a) whether entry is prohibited at all times; and

(b) the need to protect persons and property that might be affected by activities

in the defence area; and

(d) the equipment to be used in those activities, and the risk to persons or

property that is likely to arise from that use; and

(e) the forms of communication available for notifying the public.

(3) A person commits an offence if:

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(a) the person is in a defence area; and

(b) at the time the person is in the area, entry into the area is prohibited.

Penalty: 20 penalty units.

(4) Subsection (3) does not apply if the person has permission from one of the

following to be in the defence area at that time:

(a) a person authorised by the Chief of the Defence Force or the Secretary to

grant permission;

(b) an officer participating in an activity being undertaken in the defence area

at that time.

Note: See section 62 for requirements concerning permission.

60 Requirement to remove property from defence area

(1) If entry to a defence area is not prohibited at all times, the Chief of the Defence

Force or the Secretary may direct that a person is required to ensure that an item

of movable property is not present in the area during a period that entry is

prohibited.

(2) To avoid doubt, a direction may identify the person to whom it applies by

reference to a class of persons, and the property to which it applies by reference

to a class of property.

Note: For example, a direction may require owners of vehicles, vessels and aircraft to ensure

these items are not present.

(3) A direction may apply to a particular period during which entry is prohibited, or

to all such periods.

(4) The Chief of the Defence Force or the Secretary must cause such notice to be

given of the direction as is reasonably required, having regard to:

(a) the persons to whom the requirement applies; and

(b) the kind of property to which the requirement applies; and

(d) the forms of communication available for notifying the persons affected.

(5) A person commits an offence if:

(a) a direction under this section requires the person to ensure an item of

movable property is not present in a defence area during a period; and

(b) the item is present in the area during that period.

Penalty: 20 penalty units.

(6) Subsection (5) does not apply if the person has permission from one of the

following for the item of property to be in the defence area during that period:

(a) a person authorised by the Chief of the Defence Force or the Secretary to

grant permission;

(b) an officer participating in an activity being undertaken in the defence area

during that period.

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Section 61

Note: See section 62 for requirements concerning permission.

61 Installation of equipment

(1) The Chief of the Defence Force may authorise the installation, placement or

construction of equipment (including a structure) for defence purposes within a

defence area, including on the sea-bed or in the subsoil beneath an area.

(2) If entry to the area is not prohibited at all times, the Chief of the Defence Force

must cause such notice to be given of the location of the equipment, and of

activities that would be likely to interfere with the operation of the equipment, as

is reasonably required having regard to:

(a) the nature of the equipment; and

(b) the risk of damage to the equipment; and

(d) the forms of communication available for notifying persons in reasonable

proximity to the equipment.

(3) A person commits an offence if the person interferes with the operation of

equipment installed, placed or constructed in a defence area as authorised under

this section.

Penalty: 20 penalty units.

(4) Subsection (3) does not apply if the person has permission from one of the

following to engage in conduct that might or will interfere with the operation of

the equipment:

(a) a person authorised by the Chief of the Defence Force or the Secretary to

grant permission;

(b) an officer participating in a kind of activity for which the equipment was

installed.

Note: See section 62 for requirements concerning permission.

62 Permission requirements

(1) Permission for the purposes of section 59, 60 or 61 must be given in writing and

must specify the period for which the permission is effective.

(2) Permission may be subject to conditions (including conditions in relation to the

conduct of the person to whom the permission is given) that are reasonably

required for:

(a) the protection of persons and property in the defence area; or

(b) the safety or defence of Australia; or

(3) A person commits an offence if:

(a) the person is given permission for the purposes of section 59, 60 or 61; and

(b) the person engages in conduct that is in breach of a condition of the

permission.

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Penalty: 20 penalty units.

63 Removal from defence area

(1) A person may be removed from a defence area if the person:

(a) is in the defence area in contravention of subsection 59(3); or

(b) fails to comply with a condition of permission given to the person for the

purposes of section 59 or 61.

(2) An item of movable property may be removed from a defence area if:

(a) the item is in the defence area in contravention of subsection 60(5); or

(b) a condition of permission given for the purposes of section 60 in relation to

the item is not complied with.

(3) The person or item may be removed by or under the direction of:

(a) a member of the Defence Force; or

(b) a police officer; or

(d) a person authorised by the Minister.

(4) The power of removal is without prejudice to any proceedings that may be taken

against a person.

64 Offence of obstructing or hindering

(1) A person commits an offence if:

(a) the person obstructs or hinders another person; and

(b) the other person is:

(i) a member of the Defence Force; or

(ii) a police officer; or

(iii) an Australian Government officer; or

(iv) a person authorised by the Minister for section 63; and

or item of movable property.

Penalty: 20 penalty units.

(2) A person commits an offence if:

(a) the person obstructs or hinders another person; and

(b) the other person is acting under a direction given under section 63.

Penalty: 20 penalty units.

65 Other defence operations and practices

Nothing in this Division affects the power of the Commonwealth to undertake

defence operations and practices outside of defence areas.

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Division 2 Defence areas

Section 66

66 Division binds the Crown

This Division binds the Crown in each of its capacities.

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Compensation Division 3

Section 67

Division 3—Compensation

67 Compensation for loss or damage

(1) The Commonwealth is liable to pay a reasonable amount of compensation to a

person who suffers any of the following forms of loss or damage as a result of

the operation of this Part:

(a) a personal injury;

(b) damage to property;

(2) Without limiting how the loss or damage may be caused by the operation of this

Part, subsection (1) applies if the person:

(a) is ordinarily resident in a place when it is declared a defence area under

section 58, and suffers the loss or damage because of the declaration; or

(b) suffers the loss or damage because of the use of land for an activity in a

defence area.

(3) If the Commonwealth and the person do not agree on the amount of

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.

68 Compensation for acquisition of property

(1) If the operation of this Part 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.

(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.

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Part 11A Defence aviation areas

Division 1 General

Section 68A

Part 11A—Defence aviation areas

Division 1—General

68A Application

This Part is made for the purposes of Part IXD of the Act.

68B Interpretation

For the purposes of this Part:

(a) a reference to the height of an object on land is to be read as a reference to

the height of the highest point of the object above the lowest point of the

natural ground level of the land covered by the object; and

(b) a reference to the height of an object at sea is to be read as a reference to

the height of the highest point of the object above mean sea level; and

reference to:

(i) causing or permitting a building, structure or object to be constructed,

altered or extended; or

(ii) bringing a building, structure or object into a defence aviation area;

and

(d) a reference to the marking or lighting of a building, structure or object is to

be read as a reference to marking or lighting the building, structure or

object in such manner that the existence of the building, structure or object

can be recognised by day and by night from an aircraft; and

(e) a reference to an object hazardous to aircraft or to aviation-related

communications, navigation or surveillance is to be read as a reference to

an object:

(i) that is, or may become, an obstacle or hazard to aircraft; or

(ii) that interferes, or may interfere, with the control of aircraft; or

(iii) that interferes, or may interfere, with aviation-related

communications, navigation or surveillance required for the control of

aircraft or for the defence of Australia.

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Requirements in relation to defence aviation areas Division 2

Section 68C

Division 2—Requirements in relation to defence aviation areas

Subdivision A—Construction of buildings, structures and objects

68C Construction of buildings, structures and objects in defence aviation areas

above specified height restrictions

(1) A person commits an offence if:

(a) the person constructs a building, structure or object within an area; and

(b) the area is a defence aviation area; and

the building, structure or object within the defence aviation area as

specified in a Ministerial declaration for the defence aviation area; and

(d) the person does not have a valid approval under section 68F to construct

the building, structure or object at a height that exceeds the height

restriction applying to the building, structure or object.

Penalty: 20 penalty units.

(2) Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

68D Construction of buildings, structures and objects in defence aviation areas

that generate plumes or air turbulence above specified height

restrictions

(1) A person commits an offence if:

(a) the person constructs a building, structure or object within an area; and

(b) the area is a defence aviation area; and

causes plumes or air turbulence to be generated, above the height

restriction applying to the building, structure or object within the defence

aviation area as specified in a Ministerial declaration for the defence

aviation area; and

(d) the person does not have a valid approval under section 68F to construct

the building, structure or object.

Penalty: 20 penalty units.

(2) Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

68E Applications for approval

(1) A person may apply to the Minister for approval to construct, within a defence

aviation area, a building, structure or object that:

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(a) exceeds the height restriction (the relevant height restriction) applying to

the building, structure or object within the defence aviation area, or part of

the defence aviation area, specified in a Ministerial declaration for the

defence aviation area; or

(b) is likely to:

(i) generate plumes or air turbulence above the relevant height

restriction; or

(ii) cause plumes or air turbulence to be generated above the relevant

height restriction.

(2) An application for approval must:

(a) be in writing and signed by, or on behalf of, the applicant; and

(b) be given to the Minister; and

constructed; and

(d) state the purpose for which the building, structure or object is proposed to

be used; and

(e) state whether in connection with the building, structure or object any object

hazardous to:

(i) aircraft; or

(ii) aviation-related communications, navigation or surveillance;

is proposed, or is likely, to be brought into the defence aviation area; and

(f) specify the height of any other objects that may reasonably be expected to

be within the defence aviation area in connection with the building,

structure or object; and

(g) be accompanied by plans, including elevation views, that show the shape,

size, position, geographic coordinates and material of the building,

structure or object and the contours of the land on which the building,

structure or object is to be constructed; and

(h) include a detailed description of measures to prevent or reduce any hazards

to:

(i) aircraft; or

(ii) aviation-related communications, navigation or surveillance;

that may reasonably be expected to be caused by the building, structure or

object; and

(i) if the building, structure or object is likely to generate plumes or air

turbulence, or to cause plumes or air turbulence to be generated, above the

relevant height restriction—include a detailed description of the likely

plumes or air turbulence and the measures to prevent or reduce any hazards

to:

(i) aircraft; or

(ii) aviation-related communications, navigation or surveillance;

that may reasonably be expected to be caused by the plumes or air

turbulence.

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Section 68F

(3) The Minister may, by notice in writing, require an applicant to provide such

further information with respect to an application as is reasonably required for a

proper consideration of the application.

(4) The Minister is not required to consider, or further consider, the application until

the further information is provided.

68F Grant or refusal of approval

(1) The Minister may, by instrument in writing, grant, or refuse to grant, approval to

construct a building, structure or object within a defence aviation area.

(2) An approval may be subject to such conditions as the Minister considers

necessary to prevent or reduce hazards to:

(a) aircraft; or

(b) aviation-related communications, navigation or surveillance.

(3) Without limiting subsection (2), an approval may be subject to such conditions

with respect to any or all of the following:

(a) the position of the building, structure or object;

(b) its shape, size or height;

(d) the materials of which it is to be constructed;

(e) the purpose for which it may be used;

(f) the manner in which it is to be marked;

(g) the height of any apparatus to be used in its construction;

(h) the manner in which that apparatus is to be marked.

(4) The conditions must be specified in the approval.

(5) The Minister must not:

(a) refuse to grant approval; or

(b) grant approval subject to conditions; or

conditions with respect to the marking or lighting of a building, structure or

object;

except for the purpose of preventing or reducing hazards to:

(d) aircraft; or

(e) aviation-related communications, navigation or surveillance.

68G Conditions of approval to be complied with

A person commits an offence if:

(a) an approval is granted under section 68F; and

(b) the approval is subject to a condition; and

Penalty: 20 penalty units.

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Division 2 Requirements in relation to defence aviation areas

Section 68H

Subdivision B—Hazardous objects

68H Hazardous objects

(1) A person commits an offence if:

(a) the person brings into, or has within, a defence aviation area an object; and

(b) the object is hazardous to:

(i) aircraft; or

(ii) aviation-related communications, navigation or surveillance; and

or have within, the defence aviation area the object.

Penalty: 20 penalty units.

(2) A person commits an offence if:

(a) the person uses an object in a defence aviation area; and

(b) the object is used in a manner that is hazardous to:

(i) aircraft; or

(ii) aviation-related communications, navigation or surveillance; and

object in that manner in the defence aviation area.

Penalty: 20 penalty units.

68J Applications for approval

(1) A person may apply to the Minister for approval to do either or both of the

following:

(a) bring into, or have within, a defence aviation area an object of a kind

mentioned in paragraph 68H(1)(b);

(b) use an object in a defence aviation area in the manner mentioned in

paragraph 68H(2)(b).

(2) An application must be in the form approved by the Minister and must contain

the information required by the form.

(3) The Minister may, by notice in writing, require an applicant to provide such

further information with respect to an application as is reasonably required for a

proper consideration of the application.

(4) The Minister is not required to consider, or further consider, the application until

the further information is provided.

68K Grant or refusal of approval

(1) The Minister may, by instrument in writing, grant, or refuse to grant, an approval

for the purposes of subsection 68J(1).

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Section 68L

(2) An approval may be subject to such conditions as the Minister considers

necessary to prevent or reduce hazards to:

(a) aircraft; or

(b) aviation-related communications, navigation or surveillance.

(3) Without limiting subsection (2), an approval may be subject to conditions with

respect to any or all of the following:

(a) the time when the object may be brought into the defence aviation area;

(b) the period during which it may remain in the defence aviation area;

(d) its shape or size;

(e) the purpose for which it may be used;

(f) the manner in which it may be used;

(g) the times during which it may be used;

(h) the manner in which it is to be marked.

(4) The conditions must be specified in the approval.

(5) The Minister must not:

(a) refuse to grant approval; or

(b) grant approval subject to conditions; or

conditions with respect to the marking or lighting of a building, structure or

object;

except for the purpose of preventing or reducing hazards to:

(d) aircraft; or

(e) aviation-related communications, navigation or surveillance.

68L Conditions of approval to be complied with

A person commits an offence if:

(a) an approval is granted under section 68K; and

(b) the approval is subject to a condition; and

Penalty: 20 penalty units.

Subdivision C—Buildings, structures or objects may be removed or

marked etc.

68M Removal or marking etc. of buildings, structures or objects

(1) If there is within a defence aviation area:

(a) a building, structure or object that exceeds the height restriction applying to

the building, structure or object within the defence aviation area as

specified in a Ministerial declaration for the defence aviation area; or

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Section 68N

(b) a building, structure or object that generates plumes or air turbulence, or

causes plumes or air turbulence to be generated, above the height

restriction applying to the building, structure or object within the defence

aviation area as specified in a Ministerial declaration for the defence

aviation area; or

(i) aircraft operating in, or in the vicinity of, the defence aviation area; or

(ii) aviation-related communications, navigation or surveillance;

the Minister may, by notice in writing, give directions with respect to:

(d) the removal (in whole or in part), within a time of not less than 28 days

specified in the notice, of the whole or a specified part of the building,

structure or object; or

(e) the marking, lighting, screening, modification or relocation of the building,

structure or object within a time specified in the notice.

(2) The Minister may give a direction under subsection (1) only if the Minister is

reasonably satisfied that it is necessary to do so for the purpose of preventing or

reducing hazards to:

(a) aircraft; or

(b) aviation-related communications, navigation or surveillance.

(3) The time specified in a notice must be a reasonable time in all the circumstances.

(4) The powers conferred by subsection (1) may be exercised in relation to a

building, structure or object whether or not approval has been granted under

section 68F or 68K.

(5) A notice under subsection (1) in relation to a building, structure or object may be

given to any person whom the Minister reasonably believes occupies, or has an

interest in, the land on which the building, structure or object is situated.

(6) A notice under subsection (1) must not be given to a person unless it is

reasonable that the person should be required to comply with the requirement of

the notice.

(7) A person commits an offence if:

(a) a notice is given to the person under this section; and

(b) the person:

(i) fails to comply with a direction in the notice; or

(ii) fails to comply with a direction within the time specified in the notice.

Penalty: 20 penalty units.

68N Removal or marking of buildings, structures or objects in urgent situations

(1) This section applies if the Minister is satisfied on reasonable grounds that:

(a) a building, structure or object within a defence aviation area; or

(b) plumes or air turbulence generated by a building, structure or object within

a defence aviation area; or

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constitutes, contributes to or results in, a serious and imminent risk to aircraft or

aviation-related communications, navigation or surveillance.

(2) Despite section 68M, the Minister may, by notice in writing, give directions with

respect to the following:

(a) the removal of the whole or a specified part of the building, structure or

object within a time specified in the notice;

(b) the marking, lighting, screening, modification or relocation of the building,

structure or object within a time specified in the notice.

(3) The time specified in the notice must be reasonable in all the circumstances.

Note: The notice may require immediate compliance if the circumstances are sufficiently

serious.

(4) A notice under subsection (2) must not be given to a person unless it is

reasonable that the person should be required to comply with the requirement of

the notice.

(5) A person commits an offence if:

(a) a notice is given to the person under this section; and

(b) the person:

(i) fails to comply with a direction in the notice; or

(ii) fails to comply with a direction within the time specified in the notice.

Penalty: 20 penalty units.

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Part 11A Defence aviation areas

Division 3 Monitoring

Section 68P

Division 3—Monitoring

68P Provisions subject to monitoring under the Regulatory Powers Act

For the purposes of subsection 117AE(1) of the Act, the following provisions of

this Part are prescribed:

(a) section 68C;

(b) section 68D;

(d) section 68H;

(e) section 68L;

(f) section 68M;

(g) section 68N.

68Q Information subject to monitoring under the Regulatory Powers Act

For the purposes of subsection 117AE(2) of the Act, the following provisions of

this Part are prescribed:

(a) section 68E;

(b) section 68J.

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Compensation Division 4

Section 68R

Division 4—Compensation

68R Compensation for diminution of land value, loss or damage

(1) For the purposes of paragraph 124(1)(r) of the Act, the Commonwealth is,

subject to subsection (2), liable to pay a reasonable amount of compensation to a

person if:

(a) the value of land is diminished as a result of a Ministerial declaration and

the person has an interest in the land; or

(b) because of the removal under this Part of a building, structure or object

from a defence aviation area the person suffers loss or damage, or incurs

expense, as a direct result of that removal; or

object in a defence aviation area the person suffers loss or damage, or

incurs expense, as a direct result of that marking or lighting.

(2) Paragraphs (1)(b) and (c) do not apply in relation to a building, structure or

object if:

(a) the building, structure or object was constructed within a defence aviation

area without a valid approval under section 68F; or

(b) the person brings the object into, or has the object within, a defence

aviation area without a valid approval under section 68K; or

hazardous to:

(i) aircraft; or

(ii) aviation-related communications, navigation or surveillance;

without a valid approval under section 68K; or

(d) an approval in force under section 68F or 68K in relation to the building,

structure or object, or a condition to which such an approval is subject, is

contravened.

(3) If the Commonwealth and the person do not agree on the amount of

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.

68S Compensation for acquisition of property

(1) If the operation of this Part 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.

(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.

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Division 5 Review of decisions

Section 68T

Division 5—Review of decisions

68T Review by Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal for review of:

(a) a decision under subsection 68F(1) to refuse to grant approval to construct

a building, structure or object; or

(b) a decision under subsection 68F(2) to impose a condition subject to which

a building, structure or object may be constructed; or

purposes of subsection 68J(1); or

(d) a decision under subsection 68K(2) to impose a condition on an approval

for the purposes of subsection 68J(1); or

(e) a direction under subsection 68M(1) or 68N(2) to remove a building,

structure or object; or

(f) a direction under subsection 68M(1) or 68N(2) with respect to the marking,

lighting, screening, modification or relocation of a building, structure or

object.

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Aid to civilian authorities Part 12

Section 69

Part 12—Aid to civilian authorities

69 Aid to civilian authorities

(1) This section applies if the Defence Force is called out:

(a) other than under Part IIIAAA of the Act; and

(b) to protect either of the following against domestic violence:

(i) Commonwealth interests in Australia;

(ii) a State or self-governing Territory.

(2) The Chief of the Defence Force must utilise the Defence Force in a way that is

reasonable and necessary to protect the Commonwealth interests, the State or the

self-governing Territory.

(3) The Chief of the Defence Force must comply with any directions given by the

Minister about the utilisation of the Defence Force, except that:

(a) the Defence Force must not be used to 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;

and

(b) the Reserves must not be used unless the Minister, after consulting the

Chief of the Defence Force, is satisfied that sufficient members of the

Permanent Forces are not available.

(4) In protecting a State or self-governing Territory, the Chief of the Defence Force

must, as far as is reasonably practicable, ensure that the Defence Force:

(a) cooperates with the police force of the State or Territory; and

(b) undertakes particular tasks only if requested in writing to do so by one or

more of the following:

(i) a member of the police force of the State or Territory;

(ii) an officer of a civil authority specified by the Minister.

(5) This section does not require or permit the Chief of the Defence Force to transfer

any command of the Defence Force.

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Authorised Version F2018C00608 registered 17/09/2018

Part 13 Visiting Forces

Section 70

Part 13—Visiting Forces

70 Countries to which provisions of Part IXA of the Act apply

For subsection 116A(2) of the Act, each provision of Part IXA of the Act applies

in relation to each of the countries in the following table.

Countries to which each provision of Part XIA of the Act applies

Argentina

Bangladesh

Brazil

Brunei Darussalam

Cambodia

Canada

Chile

China

Czech Republic

Denmark

Egypt

Fiji

France

Germany

Hungary

India

Indonesia

Iraq

Ireland

Italy

Japan

Jordan

Kenya

Malaysia

Mozambique

Nepal

Netherlands

New Zealand

Norway

Pakistan

Papua New Guinea

Philippines

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Visiting Forces Part 13

Section 71

Countries to which each provision of Part XIA of the Act applies

Poland

Portugal

Qatar

Republic of Korea

Singapore

South Africa

Spain

Sri Lanka

Sweden

Thailand

Timor-Leste

Tonga

Turkey

United Arab Emirates

United Kingdom

United States of America

Uruguay

Zimbabwe

71 Form of warrant

For section 116F of the Act, the form in Schedule 2 is prescribed as the form of a

warrant.

72 Sentences imposed by service tribunals of other countries

(1) This section applies if a sentence is imposed on a member of the Defence Force

by a service tribunal of a country to which section 116B of the Act applies, while

the member is attached to the forces of that country.

(2) The sentence may, to the extent to which it has not been enforced outside

Australia, be enforced in Australia as if it had been imposed by a court martial

constituted under the Defence Force Discipline Act 1982.

(3) This section does not authorise carrying out a sentence of death or corporal

punishment.

73 Evidence of facts by certificate

(1) For the purpose of legal proceedings within Australia, the Minister may, in

writing, certify that:

(a) on a specified date, a named person was a member of the Defence Force

attached to the forces of a specified country, being a country in relation to

which section 116B of the Act applies; and

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Part 13 Visiting Forces

Section 73

(b) on the specified date, a specified service tribunal of the country passed a

sentence set out in the certificate on the named person; and

enforced.

(2) The certificate is, when produced in the proceedings, sufficient evidence of the

certified facts unless the contrary is proved.

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Prohibited words and letters Part 14

Section 74

Part 14—Prohibited words and letters

74 Prohibited words

The following are prohibited words:

(a) Active Reserve;

(b) Air Force;

(d) Army Reserve;

(e) Australian Air Force;

(f) Australian Air Force Reserve;

(g) Australian Army;

(h) Australian Army Reserve;

(i) Australian Defence Force;

(j) Australian Defence Force Reserves;

(k) Australian Flying Corps;

(l) Australian Imperial Forces;

(m) Australian Military Forces;

(n) Australian Navy;

(o) Australian Regular Army;

(p) Defence Force;

(q) Defence Force Reserves;

(r) Defence Reserves;

(s) Her Majesty’s Australian Ship;

(t) High Readiness Reserve;

(u) HMA Ship;

(v) Naval Reserve;

(w) Permanent Air Force;

(x) Permanent Military Forces;

(y) Regular Army;

(z) Royal Australian Air Force;

(za) Royal Australian Naval Reserve;

(zb) Royal Australian Navy;

(zc) Specialist Reserve;

(zd) Standby Reserve.

75 Prohibited letters

The following are prohibited letters:

(a) ADF;

(b) AFC;

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Part 14 Prohibited words and letters

Section 76

(d) AMF;

(e) ARA;

(f) HMAS;

(g) RAAF;

(h) RAN;

(i) RANR.

76 Use of prohibited words or letters

(1) A person commits an offence if:

(a) the person uses prohibited words or prohibited letters; and

(b) the use is in connection with:

(i) a trade, business, calling or profession; or

(ii) an organisation or body of persons; and

Penalty: 10 penalty units.

(2) Strict liability applies to paragraph (1)(c).

77 Consent to use prohibited words or letters

Application

(1) A person may apply to the Minister for consent to use prohibited words or

prohibited letters in connection with:

(a) a trade, business, calling or profession; or

(b) an organisation or body of persons.

(2) An application under subsection (1) must:

(a) be in writing; and

(b) set out the prohibited words or prohibited letters to which the application

relates; and

Matters to which the Minister must have regard

(3) Without limiting the matters to which the Minister may have regard when

deciding whether to approve the application, the Minister must have regard to the

following:

(a) either:

(i) the trade, business, calling or profession of the applicant; or

(ii) the purposes, constitution and structure of the applicant;

(b) if the applicant has previously been given consent to use prohibited words

or prohibited letters—the way in which the applicant used the prohibited

words or prohibited letters to which the consent related;

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Prohibited words and letters Part 14

Section 78

Minister may request further information

(4) The Minister may, by written notice, require the applicant to give the Minister

further information in connection with the application.

Consent may be subject to conditions

(5) Consent may be given subject to conditions, including but not limited to

conditions about the following matters:

(a) notifying the Minister about any change to:

(i) the purposes, constitution or structure of the applicant; or

(ii) the trade, business, calling or profession of the applicant; or

(iii) any other matter, to the extent that the change may affect the ability of

the applicant to use the prohibited words or prohibited letters in the

applicant’s trade, business, calling or profession;

(b) the period for which consent is given;

or prohibited letters to which the consent relates;

(d) the protection and use of the prohibited words or prohibited letters to which

the consent relates.

78 Review by Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal for review of:

(a) a decision of the Minister under section 77 to refuse an application for

consent; or

(b) a decision of the Minister under section 77 relating to a condition.

79 Treatment of partnerships

(1) This Part applies to a partnership as if it were a person, but with the changes set

out in this section.

(2) An offence against this Part that would otherwise have been committed by the

partnership is taken to have been committed by each partner in the partnership, at

the time the offence was committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

omission (whether directly or indirectly and whether by any act or

omission of the partner).

80 Treatment of unincorporated associations and bodies

(1) This Part applies to an unincorporated association or body of persons as if it were

a person, but with the changes set out in this section.

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Part 14 Prohibited words and letters

Section 80

(2) An offence against this Part that would otherwise have been committed by the

association or body is taken to have been committed by each member of the

committee of management of the association or body, at the time the offence was

committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or omission; or

omission (whether directly or indirectly and whether by any act or

omission of the member).

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War graves Part 15

Section 81

Part 15—War graves

81 War graves

Despite any law of a State or Territory, the Director of War Graves, or an officer

of the Defence Force in charge of a unit specifically raised for the purpose of the

registration of, or inquiries concerning, the graves of deceased members of the

Defence Force:

(a) may establish or cause to be established such cemeteries as are required for

the burial of bodies of persons who have died while on service as members

of the Defence Force or as a result of service as members of the Defence

Force; and

(b) may authorise and direct the exhumation and the reinterment, cremation or

other disposal of the body of:

(i) a member of the Defence Force who has died while on service; or

(ii) a person who, immediately before his or her death, was a dependant

of a member of the Defence Force on service, and whose grave is

located in the Terendak Military Cemetery in Malaysia; and

connection with the grave of a person who has died while on service as a

member of the Defence Force or as a result of service as a member of the

Defence Force or authorise any other person to enter a cemetery and

inspect, maintain or execute any work in connection with such a grave.

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Part 16 Delegations

Section 82

Part 16—Delegations

82 Delegation of Minister’s powers

(1) The Minister may, by instrument in writing, delegate his or her powers or

functions under Part 10 to the following:

(a) an officer of the Navy who holds a rank not below the rank of Commodore;

(b) an officer of the Army who holds a rank not below the rank of Brigadier;

Commodore;

(d) an SES employee performing duty in the Department.

(1A) The Minister may, by instrument in writing, delegate his or her powers under

Part 11A to the following:

(a) an officer of the Navy who holds a rank that is not below the rank of

Lieutenant Commander;

(b) an officer of the Army who holds a rank that is not below the rank of

Major;

Squadron Leader;

(d) an APS employee who holds, or performs the duties of, a position not

below APS6 position in the Department.

(2) The Minister may, by instrument in writing, delegate his or her powers or

functions under Part 14 to the following:

(a) an officer of the Navy who holds a rank not below the rank of Lieutenant

Commander;

(b) an officer of the Army who holds a rank not below the rank of Major;

Squadron Leader;

(d) an APS employee who holds, or performs the duties of, a position not

below APS 6 in the Department.

83 Delegation of Secretary’s powers

(1) The Secretary may, by instrument in writing, delegate his or her powers under

Part 8 to the following:

(a) an officer of the Navy who holds a rank not below the rank of Commodore;

(b) an officer of the Army who holds a rank not below the rank of Brigadier;

Commodore;

(d) an SES employee performing duty in the Department.

(2) The Secretary may, by instrument in writing, delegate his or her powers under

Part 11 to the following:

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Delegations Part 16

Section 84

(a) an officer of the Navy who holds a rank not below the rank of Lieutenant

Commander;

(b) an officer of the Army who holds a rank not below the rank of Major;

Squadron Leader;

(d) an APS employee who holds, or performs the duties of, a position not

below APS 6 in the Department.

84 Delegation of Chief of the Defence Force’s powers

(1) The Chief of the Defence Force may, by instrument in writing, delegate his or

her powers under Part 3, 4 or 5 to the following:

(a) an officer;

(b) a member enlisted in the Navy who holds a rank not below the rank of

Chief Petty Officer;

Warrant Officer Class 2;

(d) a member enlisted in the Air Force who holds a rank not below the rank of

Flight Sergeant;

(e) an APS employee who holds, or performs the duties of, a position not

below APS 4 in the Department.

(2) The Chief of the Defence Force may, by instrument in writing, delegate his or

her powers under Part 7 to the following:

(a) an officer of the Navy who holds a rank not below the rank of Commodore;

(b) an officer of the Army who holds a rank not below the rank of Brigadier;

Commodore;

(d) an SES employee performing duty in the Department.

(3) The Chief of the Defence Force may, by instrument in writing, delegate his or

her powers under Part 11 to the following:

(a) an officer of the Navy who holds a rank not below the rank of Lieutenant

Commander;

(b) an officer of the Army who holds a rank not below the rank of Major;

Squadron Leader;

(d) an APS employee who holds, or performs the duties of, a position not

below APS 6 in the Department.

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Part 17 Transitional provisions

Division 1 General

Section 85

Part 17—Transitional provisions

Division 1—General

85 Processes begun under Defence Force Regulations 1952 or Defence

(Personnel) Regulations 2002

The Defence Force Regulations 1952 and the Defence (Personnel)

Regulations 2002 continue to apply in relation to an application made, or a

process begun, under those regulations before their repeal.

86 Applications relating to prohibited words or letters

(1) An application for consent made under the Defence (Prohibited Words and

Letters) Regulations 1957 but not decided before 1 July 2016 is taken, after that

day, to be an application under section 77 of this instrument.

(2) A consent to use prohibited words or prohibited letters, given under the Defence

(Prohibited Words and Letters) Regulations 1957, that has not expired before

1 July 2016 has effect, after that day, as if it were given under section 77 of this

instrument.

87 Defence areas

(1) An authorisation under regulation 34 of the Defence Force Regulations 1952

continues in effect despite the repeal of those regulations, and may be revoked as

if those regulations had not been repealed.

(2) Part VII of the Defence Force Regulations 1952 continues to apply in relation to

a prohibited area that was, immediately before the repeal of those regulations,

declared under subregulation 35(1) of those regulations.

(3) Part XI of the Defence Force Regulations 1952 continues to apply in relation to a

defence practice area that was, immediately before the repeal of those

regulations, declared under subregulation 49(1) of those regulations.

(4) A claim for compensation relating to an authorisation mentioned in

subsection (1), or relating to an area mentioned in subsection (2) or (3), may be

dealt with under the Defence Force Regulations 1952 as if those regulations had

not been repealed, even if the authorisation or the declaration of the area has

been revoked before the claim arises.

88 Retirement age

(1) If, immediately before the repeal of the Defence (Personnel) Regulations 2002, a

member’s compulsory retirement age under those regulations (the existing

retirement age) was not:

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Transitional provisions Part 17

General Division 1

Section 89

(a) for a member other than a chaplain—the compulsory retirement age

specified for the member in Schedule 1 of those regulations; or

(b) for a chaplain—the compulsory retirement age specified for the chaplain in

subregulation 116(1) of those regulations;

then the member’s retirement age for the purpose of section 24 of this instrument

is the existing retirement age.

(2) A member who, immediately before the repeal of the Defence (Personnel)

Regulations 2002, was able to make an election under those regulations in

relation to the member’s compulsory retirement age may make the election as if

those regulations had not been repealed. If the member does so, the member’s

retirement age for the purpose of section 24 of this instrument is in accordance

with the election.

(3) The Chief of the Defence Force may revoke an extension of a compulsory

retirement age that was made under subregulation 11(1) or 12(1) of the Defence

(Personnel) Regulations 2002. If the extension is revoked, the retirement age of a

member whose compulsory retirement age was extended is to be determined as if

the extension had been revoked before the repeal of those regulations.

89 Medical and dental treatment

If, immediately before the repeal of the Defence Force Regulations 1952, the

Minister would have been able to require a member to pay an amount to the

Commonwealth for treatment provided to the member under regulation 58E of

those regulations, the Secretary may exercise the power in subsection 50(1) of

this instrument as if the treatment had been provided under section 49 of this

instrument.

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Part 17 Transitional provisions

Division 2 Amendments made by Defence Amendment (Defence Aviation Areas) Regulations 2018

Section 90

Division 2—Amendments made by Defence Amendment (Defence

Aviation Areas) Regulations 2018

90 Definitions

In this Division:

affected land has the same meaning as in the old regulations.

commencement day means the day on which this Division commences.

old regulations means the Defence (Areas Control) Regulations 1989 as in force

immediately before the commencement day.

91 Things done by, or in relation to, the Minister

If, before the commencement day, a thing was done by, or in relation to, the

Minister under the old regulations, then the thing is taken, on and after that day,

to have been done by, or in relation to, the Minister under this instrument.

92 Things started but not finished by the Minister

(1) This section applies if:

(a) before the commencement day, the Minister started doing a thing under the

old regulations; and

(b) immediately before that day, the Minister had not finished doing that thing.

(2) The Minister may, on and after the commencement day, finish doing the thing

under this instrument.

93 Transitional—appeals to the Administrative Appeals Tribunal made, but not

determined, before commencement

(1) This section applies if:

(a) an appeal or application (the old appeal or application) was made to the

Administrative Appeals Tribunal under the old regulations before the

commencement day; and

(b) before the commencement day, the old appeal or application had not been

determined under the old regulations.

(2) Despite the repeal of the old regulations by Schedule 2 to this instrument, the old

regulations continue to apply in relation to the old appeal or application as if the

repeal had not happened.

94 Transitional—applications under old regulations continue to have effect

(1) This section applies if:

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Transitional provisions Part 17

Amendments made by Defence Amendment (Defence Aviation Areas) Regulations 2018 Division 2

Section 95

(a) an application was made under regulation 8 of the old regulations for

approval to construct a building on land this is affected land (the relevant

land); and

(b) immediately before the commencement day, the application had not been

finally determined; and

defence aviation area under section 117AC of the Act; and

(d) the relevant land falls within the defence aviation area; and

(e) either:

(i) the building exceeds the height restriction applying to the building

within the defence aviation area, or part of the defence aviation area,

specified in the declaration; or

(ii) the building is likely to generate plumes or air turbulence above that

height restriction.

(2) At and after the time the declaration takes effect, the application is taken to be

(and may be dealt with as) an application made under section 68E of this

instrument to construct the building in the defence aviation area.

95 Transitional—approvals under old regulations continue in force

(1) This section applies if:

(a) immediately before the commencement day, an approval under

regulation 10 of the old regulations (including any conditions to which the

approval was subject) was in force in relation to a building on land that is

affected land (the relevant land); and

(b) on or after the commencement day, the Minister declares an area to be a

defence aviation area under section 117AC of the Act; and

(2) At and after the time the declaration takes effect, the approval (including any

conditions to which the approval was subject) has effect as if the approval had

been given under section 68F of this instrument in relation to the building.

Defence Regulation 2016

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Authorised Version F2018C00608 registered 17/09/2018

Schedule 1 Oath and affirmation

Clause 1

Schedule 1—Oath and affirmation Note: See subsections 12(6) and (7).

1 Form of oath

The oath is as follows:

I, (insert full name of person) swear that I will well and truly serve Her Majesty Queen

Elizabeth the Second, Her Heirs and Successors according to law, as a member of the

(insert Royal Australian Navy, Australian Army, or Royal Australian Air Force)

(insert

for the period of (number of years), and any extensions of that period,

until retiring age,)

and that I will resist Her enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(person’s signature)

Taken and subscribed before me on (insert date)

(insert signature, name and title of the person before whom the oath is taken and subscribed)

2 Form of affirmation

The affirmation is as follows:

I, (insert full name of person) promise that I will well and truly serve Her Majesty Queen

Elizabeth the Second, Her Heirs and Successors according to law, as a member of the

(insert Australian Navy, Australian Army, or Australian Air Force)

(insert

for the period of (number of years), and any extensions of that period,

until retiring age,)

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Oath and affirmation Schedule 1

Clause 3

and that I will resist Her enemies and faithfully discharge my duty according to law.

(person’s signature)

Made and subscribed before me on (insert date)

(insert signature, name and title of the person before whom the affirmation is made and

subscribed)

3 Persons before whom oath or affirmation may be taken or made

The oath or affirmation may be taken or made before any of the following:

(a) an officer of the Navy, Army or Air Force;

(b) an enlisted member who holds a rank not below the rank of Warrant

Officer Class 2 (or equivalent);

(e) a Justice of the Peace, a Commissioner for Affidavits or a Commissioner

for Declarations.

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Schedule 2 Form of warrant

Schedule 2—Form of warrant Note: See section 71.

Commonwealth of Australia

Defence Act 1903

TO each member or special member of the Australian Federal Police, each member of the

police force of a State or Territory and each member of the Defence Force.

WHEREAS section 116F of the Defence Act 1903 provides that where the designated

authority of a country in relation to which that section applies, by writing signed by him or

her, requests an officer authorised by the Chief of the Defence Force, by order in writing, for

the purposes of Division 3 of Part IXA of that Act 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 authorised officer may, in his discretion, issue a warrant

in accordance with the prescribed form authorising a member or a 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:

AND WHEREAS , the Chief of the Defence Force, by order in

writing dated , authorised me for the purposes of Division 3

of Part IXA of that Act:

AND WHEREAS the designated authority of , a country to which

section 116F of the Defence Act 1903 applies, has, by writing signed by him or her, made a

request to me for assistance in the apprehension of a member of the forces of that country,

being a person described in the Schedule, who is an absentee without leave from those forces:

AND WHEREAS that person is not an Australian citizen:

NOW THEREFORE I, , an officer of the Defence Force,

by this warrant authorise you to arrest the person described in the Schedule.

Defence Regulation 2016

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Authorised Version F2018C00608 registered 17/09/2018

Form of warrant Schedule 2

SCHEDULE

Full name: Rank:

Number:

Unit or station:

Date of birth:

Citizenship: Gender: Race:

Height: Weight: Build:

Complexion: Colour of eyes: Colour of hair:

Other distinguishing marks or features:

Date on which and place from which absent without leave:

Date of warrant:

(Signature of authorised officer)

(Rank and appointment)

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Endnotes

Endnote 1—About the endnotes

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 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.

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Endnotes

Endnote 2—Abbreviation key

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)

/sub-subparagraph(s)C[x] = Compilation No. x

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

commenced or to be commencedNo. = Number(s)

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Name Registration Commencement Application, saving and

transitional provisions

Defence Regulation 2016 30 Sept 2016 (F2016L01568) 1 Oct 2016 (s 2(1) item 1)

Defence Amendment 19 Mar 2018 (F2018L00315) Sch 1: 26 Mar 2018 (s 2(1) —

(Defence Aviation Areas) item 1)

Regulations 2018

Defence Amendment (Oaths 3 Sept 2018 (F2018L01252) 4 Sept 2018 (s 2(1) item 1) —

and Affirmations)

Regulations 2018

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Part 1

s 2 .................................................. rep LA s 48D

s 4 .................................................. rep LA s 48C

s 6 .................................................. am F2018L00315

Part 11

Division 1

s 57 ................................................ am F2018L00315

Part 11A

Part 11A ........................................ ad F2018L00315

Division 1

s 68A ............................................. ad F2018L00315

s 68B ............................................. ad F2018L00315

Division 2

Subdivision A

s 68C ............................................. ad F2018L00315

s 68D ............................................. ad F2018L00315

s 68E.............................................. ad F2018L00315

s 68F.............................................. ad F2018L00315

s 68G ............................................. ad F2018L00315

Subdivision B

s 68H ............................................. ad F2018L00315

s 68J............................................... ad F2018L00315

s 68K ............................................. ad F2018L00315

s 68L.............................................. ad F2018L00315

Subdivision C

s 68M............................................. ad F2018L00315

s 68N ............................................. ad F2018L00315

Division 3

s 68P.............................................. ad F2018L00315

s 69Q ............................................. ad F2018L00315

Division 4

s 68R ............................................. ad F2018L00315

s 68S.............................................. ad F2018L00315

Division 5

s 68T.............................................. ad F2018L00315

Part 16

s 82 ................................................ am F2018L00315

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Authorised Version F2018C00608 registered 17/09/2018

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Part 17

Division 1

Division 1 heading......................... ad F2018L00315

Division 2

Division 2 ...................................... ad F2018L00315

s 90 ................................................ ad F2018L00315

s 91 ................................................ ad F2018L00315

s 92 ................................................ ad F2018L00315

s 93 ................................................ ad F2018L00315

s 94 ................................................ ad F2018L00315

s 95 ................................................ ad F2018L00315

Schedule 1

c 3.................................................. am F2018L01252

Schedule 3 ..................................... rep LA s 48C

Defence Regulation 2016

Compilation No. 2 Compilation date: 4/9/18 Registered: 17/9/18

Defence Regulation 2016 (consolidated as of September 4, 2018), Австралия

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