Defence Act 1964

Legislation au C1964A00092 Not in force Act

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DEFENCE.

 

No. 92 of 1964.

An Act Relating to the Defence Force.

[Assented to 6th November, 1964.]

BE it enacted by the Queen’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 1964.

(2.) The Defence Act 1903–1956 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 1903–1964.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


3. Section two of the Principal Act is repealed and the following section inserted in its stead:—

Parts.

“2. This Act is divided into Parts, as follows:—

Part I.—Introductory (Sections 1–7).

Part II.—Administration (Sections 8–28).

Part III.—The Defence Force.

Division 1.—Constitution of the Defence Force (Sections 30–32a).

Division 2.—The Raising of the Defence Force and the Enlistment and Discharge of Members thereof (Sections 33–44).

Division 3.—The Service of the Forces (Sections 45–51).

Division 4.—General Provisions (Sections 54–58).

Part IV.—Liability to Serve in the Citizen Forces in Time of War (Sections 59–61b).

Part V.—Cadets (Section 62).

Part VI.—Special Powers in Relation to Defence (Sections 63–72).

Part VII.—Offences (Sections 73–85).

Part VIII.—Courts-martial (Sections 86–100).

Part IX—Legal Procedure (Sections 101–116).

Part X.—Miscellaneous (Sections 117–123f).

Part XL—Regulations (Section 124).

Part XII.—Protection in Relation to Civil Employment (Sections 125—136).

Part XV.—Military College (Sections 147–151).”.

Definitions.

4. Section four of the Principal Act is amended—

(a) by adding at the end of the definition of “District Commandant” the words “and includes the officer commanding a Command ”;

(b) by omitting the definitions of “Governor-General”, “Minister” and “Oath”;

(c) by omitting from the definition of “Officer” the words “and warrant” (second occurring);

(d) by omitting the definition of “Regulations”;


(e) by omitting the definition of “ The Commonwealth ” and inserting in its stead the following definitions:—

“‘The Citizen Forces’—Includes the Citizen Naval Forces, the Citizen Military Forces and the Citizen Air Force.

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

‘The Naval Discipline Act’ has the same meaning as in the Naval Defence Act 1910–1964.

‘The Reserve Forces’—Includes the Naval Emergency Reserve Forces, the Regular Army Emergency Reserve, the Regular Army Reserve, the Reserve Citizen Military Forces, the Air Force Emergency Force and the Air Force Reserve.”;

(f) by inserting after the definition of “This Act” the…

Overview

The Defence Act 1964 was enacted by the Commonwealth Parliament to comprehensively update and consolidate the legal framework governing the Australian Defence Force, succeeding the Defence Act 1903–1956. This Act aims to address the evolving needs of the Defence Force in a modern context, ensuring that the legislation remains relevant and effective. Among its objectives, the Act seeks to clarify the structure and organisation of the Defence Force, outline the responsibilities and powers of various military entities, and provide a detailed regulatory framework for the administration and operation of military forces. The Defence Act 1964 also aims to safeguard the rights of military personnel, particularly in relation to their service obligations, entitlements, and protections under both military and civil law.

Scope and Application

The Defence Act 1964 applies to the Defence Force of Australia, which includes the Naval Forces, Military Forces, and Air Force of the Commonwealth. It governs the administration, constitution, service, and discipline of these forces, and sets out the powers and procedures for the appointment, promotion, and resignation of officers. The Act applies to all members of the Military Forces, whether serving within or beyond the territorial limits of Australia. It also applies to the Citizen Forces, Reserve Forces, and Cadets. The Act extends to the Territories of the Commonwealth and applies to members of the Defence Force serving overseas, who are subject to the Army Act with modifications. The Act provides certain protections for members of the Reserve Forces and Citizen Forces in relation to their civil employment, including protection from hindrance, discrimination, and termination of their employment contracts by their employers. The Act allows for the making of regulations to further specify the application and implementation of its provisions, and these regulations can include provisions that modify or adapt the application of other Acts to members of the Defence Force.

Key Provisions

  • The Defence Act 1964 outlines the governance and operational framework for the Australian Defence Force, including the Navy, Army, and Air Force. Section 30 establishes that the Defence Force comprises three arms, each governed by specific provisions within the Act. The Act delineates the roles and responsibilities of officers and soldiers, including their obligations during war and peacetime, as well as during times of defence emergency. Section 37 mandates that individuals enlisting in the Military Forces must take and subscribe to an oath before an officer or a Justice of the Peace, binding them to their service until lawfully terminated.
  • The Act imposes several obligations on members of the Defence Force. For instance, members of the Regular Army and the Regular Army Supplement are required to render continuous full-time service for the duration of their appointments or enlistments (Section 45). Members of the Citizen Military Forces are bound to serve for specified periods as determined by regulations (Section 50). Additionally, members of Reserve Forces and Citizen Forces are exempt from jury service (Section 43).
  • There are significant penalties and consequences for breaches of the Act. Refusal to take the required oath results in a penalty of imprisonment for six months (Section 76). A member of a Reserve Force or Citizen Forces who absents themselves without leave for more than seven days is deemed a deserter and is subject to punishment under the Naval Discipline Act, Defence Act, or Air Force Act, as applicable (Section 78). Unauthorized use, possession, or supply of uniforms and emblems is also prohibited, with penalties defined in the Act.
  • The Act provides specific protections for members in relation to their civilian employment. Employers are prohibited from hindering or penalizing employees who serve in the Reserve Forces or Citizen Forces (Sections 127 and 128). Contracts of employment are not to be terminated due to a member's absence for Defence service, although they are suspended during such absence (Section 130). Employers must permit members to resume or be reinstated in their previous employment upon return from Defence service under conditions no less favourable than those applicable before their absence (Section 131). Failure to comply with these provisions can result in fines and penalties, with the possibility of compensation to the affected member.

Legal classification tags

Area of Law
Military Law
Instrument
Act
Concepts
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Transitional Provisions
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.