Defence Act 1939 (Cth)

DEFENCE.

 

No. 13 of 1939.

An Act to amend the Defence Act 1903–1934, and for other purposes.

[Assented to 21st June, 1939.]

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 1939.

(2.) The Defence Act 1903–1934 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 1903–1939.

Commencement.

2.This Act shall come into operation on a day to be fixed by Proclamation.

Interpretation.

3.Section four of the Principal Act is amended—

(a) by inserting, after the definition of “Army Act”, the following definition:—

“‘Australia’—Includes the Territories of the Commonwealth to which this Act extends.”; and

(b) by inserting, after the definition of “Sub-District”, the following definition:—

“ ‘The Commonwealth’—Includes the Territories of the Commonwealth to which this Act extends.”.

4.After section five of the Principal Act the following section is inserted:—

Extension of Act to Territories.

“5a.—(1.) This Act shall extend to the Territories of the Commonwealth as if each of those Territories were part of the Commonwealth.

(2.) Parts IV., V., XII., XIII., and XIV. of this Act shall not apply to the native inhabitants of any Territory governed by the Commonwealth under a Mandate.”.

5.—(1.) Section eight of the Principal Act is repealed and the following section inserted in its stead:—

Power to appoint Commands, Military Districts, &c.

“8. The Governor-General may—

(a) appoint a Military Officer to be Inspector-General of the Military Forces;

(b) appoint any part of Australia to be a Command or Military District;

(c) divide any Command or Military District in such manner as he thinks fit;

(d) direct what forces shall be established in any Command or Military District, or in any portion of a Command or Military District into which it has been divided in pursuance of paragraph (c) of this section;

(e) appoint and promote officers of the Defence Force and issue commissions to them; and

(f) appoint an officer of the Defence Force to command the whole or any portion of the Defence Force.”.

(2.) All appointments and promotions of officers, all commissions, all appointments of Military Districts and sub-districts, and all directions as to the forces to be established in any Military District or sub-district, made, issued or given under section eight of the Principal Act shall continue in force as if made, issued or given under section eight of the Defence Act 1903–1939.

Delegation of powers.

6.