Defence Act 1915 (Cth)

 

DEFENCE.

 

No. 3 of 1915.

An Act to amend the Defence Act 1903-1914.

[Assented to 30th April, 1915.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Defence Act 1915.

(2.) The DefenceAct 1903-1914 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the DefenceAct 1903-1915.

Operation of DefenceAct 1914, s. 7.

2. Section seven of the DefenceAct 1914 shall be deemed to have commenced on the first day of August One thousand nine hundred and fourteen.

Amendment of s. 31.

3. Section thirty-one of the Principal Act is amended by inserting in sub-section (2.) thereof, after the word” Aviation,”, the word “Survey,”.

 

Amendment of s. 55.

4.—(1.) Section fifty-five of the Principal Act is amended by inserting, after the words “while on active service,”, the words “whether within or without the limits of the Commonwealth,”.

(2.) This section shall be deemed to have commenced on the first day of August One thousand nine hundred and fourteen.

Amendment of s. 62.

5. Section sixty-two of the Principal Act is amended by omitting from sub-section (7.) thereof the word “second”.

Amendment of s. 69.

6. Section sixty-nine of the Principal Act is amended—

(a) by omitting the words “use any lands” and inserting in their stead the words “survey any lands or use them”,

(b) by inserting after the word “entry” the word “survey”; and

(c) by adding at the end thereof the following sub-section:—

“(2.) Any person who removes or interferes with any survey mark placed upon any land by any member of the Defence Force, who has surveyed the land in pursuance of sub-section (1.) of this section, shall be guilty of an offence.

Penalty: Twenty pounds.”

Amendment of s. 124.

7.—(1.) Sub-section (1.) of section one hundred and twenty-four of the Principal Act is amended—

(a) by inserting after paragraph (d) the following paragraph :—

“(da) The deduction from the pay of any officer or member of any Expeditionary Force of such reasonable sums as the Minister thinks fit for the support of any person who in the opinion of the Minister is wholly or partly dependent upon, or has a claim for maintenance against, the officer or member, and the payment of such sums to or for the benefit of any such person”;

(b) by inserting after paragraph (r) the following paragraph:—

“(ra) the regulation and control of aerial navigation;”; and

(c) by inserting in paragraph (s), after the words “but so that”, the words “except in the case of a breach of any regulation made under paragraph (ra)”.

(2.) This section shall be deemed to have commenced on the first day of August One thousand nine hundred and fourteen, and any regulations made in pursuance of this section shall, if the regulations so provide, have effect as from the commencement of this section.

 

8. Section one hundred and thirty-four of the Principal Act is amended by adding at the end thereof the following sub-section:—

Penalizing employee for rendering-service.

“(3.) The Court may direct that the whole or any part of any penalty recovered from an employer for penalizing or prejudicing in his employment or attempting to penalize or prejudice in his employment any employee for rendering or being liable to render the personal service required of him or for attending a camp of instruction as aforesaid may be paid to the employee.”