DEFENCE.
No. 36 of 1917.
An Act to amend the Defence Act 1903-1915.
[Assented to 25th September, 1917.]
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 1917.
(2.) The Defence Act 1903-1915 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903-1917.
Amendment of s. 4.
2. Section four of the Principal Act is amended—
(a) by omitting the definition of “Active service” and inserting in its stead the following definition:—
“‘Active service’ has a meaning corresponding to that of the same words as used in sub-section (1.) of section one hundred and eighty-nine of the Army Act defining the expression ‘on active service.’”;
(b) by omitting from the definition of “District (Commandant” the words “officer appointed to be”.
(c) by inserting after the definition of “member” the following definition:—
“‘Military decoration’ means any medal, clasp, good conduct badge, or decoration conferred for service in the Naval or Military Forces of any part of the King’s Dominions, or of any Ally of Great Britain in the present war” ;
(d) by omitting the definition of “Officer” and inserting in its stead the following definition:—
“‘Officer’, as regards the Military Forces, means an officer commissioned or in pay as an officer of the Military Forces, and includes an officer appointed or promoted to provisional, probational, or acting rank, and warrant and other officers holding honorary commissions, and as regards the Naval Forces, means any commissioned officer, and includes subordinate and warrant officers, but does not include petty officers.”; and
(e) by adding at the end thereof the following definition:—
“‘War service’ means active service, any naval or military service in time of war, and any naval or military service between the issue of a proclamation declaring that by reason of the recent existence of a time of war it is necessary in the public interest that the military forces should be temporarily subject to the Army Act, and the issue of a proclamation declaring that such necessity no longer exists.”.
3. After section eight of the Principal Act the following section is inserted:—
Delegation of power to make appointments.
“8a.—(1.) The Governor-General may delegate to the officer in command of any part of the Military Forces when beyond the limits of the Commonwealth power to appoint or promote officers to acting rank in the Military Forces.
“(2.) A delegation under this section may be made to an officer personally or by designation of…
Overview
The Defence Act 1917 (C1917A00036) was enacted to amend the Defence Act 1903-1915 and address the need for updated military regulations and structures in light of Australia's involvement in World War I. The Act was assented to on 25 September 1917 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The Defence Act 1917 introduced various amendments to the Defence Act 1903-1915, including updates to definitions, appointment and promotion procedures, and disciplinary actions within the military forces. The policy objective of this legislation was to streamline military operations, clarify roles and responsibilities, and ensure the effective management of military personnel during wartime.
Scope and Application
The Defence Act 1917 amends the Defence Act 1903-1915 to reflect the changes in military service requirements during World War I. The Act applies to members of the Military Forces and the Citizen Military Forces, including officers, non-commissioned officers, and soldiers, and to any persons accompanying the Military Forces on active service within the limits of the Commonwealth or any Territory under the control of the Commonwealth. It also applies to employers and employees, where the employee is required to render personal service under the Act. The Act has a Commonwealth jurisdictional reach. The Act includes various definitions, such as "active service," "war service," "military decoration," and "officer." It also introduces new provisions and repeals or amends several sections of the Principal Act, including those related to delegation of powers, appointment and promotion of officers, enlistment, discharge, and dismissal, punishment, courts-martial, and training. Subordinate instruments may extend or restrict the application of the Act.
Key Provisions
- The Defence Act 1917 (C1917A00036) is an amendment to the Defence Act 1903-1915, providing several updates to the original legislation. The key sections include amendments to definitions and provisions related to active service, war service, military decorations, and the application of the Army Act to members of the Military Forces. The Act also introduces new sections concerning the delegation of powers, appointment or promotion for distinguished service, and irregular appointments and enlistments.
- The Act imposes several obligations on the parties or entities it governs, including the requirement for officers and soldiers in the Military Forces to serve during the continuance of their engagements and the power of the Governor-General to disband any corps or portion of a corps. It also requires members of the Military Forces to be subject to the Army Act during war service, with certain modifications and adaptations as prescribed. Additionally, the Act imposes restrictions on the disposal, possession, and wearing of military decorations.
- The Defence Act 1917 also includes provisions for offences and penalties for breaches of the Act. These include offences such as falsifying pay rolls, claiming or receiving pay improperly, fraudulently obtaining or retaining pay, and unlawfully giving or obtaining information as to defences. The penalties for these offences range from fines to imprisonment, with the maximum penalty for an offence prosecuted upon indictment being three years imprisonment. Other offences and penalties include falsely representing oneself as a returned soldier or sailor, selling or otherwise disposing of military decorations, and defacing or melting decorations. The maximum penalty for these offences is a fine of Twenty Pounds or imprisonment for a term not exceeding six months.
- Area of Law
- Military Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Enforcement Powers
- Regulatory Standards