Defence Acts Amendment Act 1981

Administered by Department of Defence

Legislation au C2004A02555 In force Act

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Defence Acts Amendment Act 1981

No. 178 of 1981

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE DEFENCE ACT 1903

3. Principal Act

4. Delegation of power to make appointments and promotions

5. Repeal of section 57

6. Determination of conditions of service

7. Powers may be delegated

8. Insertion of new Part—

PART IXA—PROVISIONS RELATING TO THE FORCES OF OTHER COUNTRIES

Division 1—Interpretation

116a.  Interpretation

Division 2—Attachment of Personnel and Mutual Powers of Command

116b.  Attachment to the Defence Force of members of the forces of another country and vice versa

116c.  Forces serving together

116d.  Corresponding ranks

TABLE OF PROVISIONS—continued

Division 3—Absentees without leave

Section

116e.  Interpretation

116f.  Apprehension of absentees without leave

116g.  Detention of illegal absentee

116h.  Disposal of person in custody

116j.  Evidence for the purposes of this Division

116k.  Proof of facts by certificate

Division 4—Miscellaneous

116m.  Delegation by chief of staff

116n.  Orders

9. Insertion of new Part —

PART IXB—PUBLIC AREAS OF DEFENCE LAND

116p.  Interpretation

116q.  Public areas of defence land

116r.  Delegation

116s.   Appointment of rangers

116t.   Rangers ex officio

116u.   Identity cards

116v.   Powers of arrest

116w.   General powers of rangers

116x.   Seizure and forfeiture

116y.   Assaulting, &c., rangers

116z.   Personation of rangers

116za.  Officers and employees of governments and authorities

116zb.  Prosecution of offences

116zc.  Concurrent operation of State and Territory laws

116zd.  By-laws

10. Forfeiture or suspension of salary in certain circumstances

11. Regulations

PART III—AMENDMENTS OF THE DEFENCE (VISITING FORCES) ACT 1963

12. Principal Act

13. Interpretation

14. Countries in relation to which provisions of this Act apply or may be applied

15. Repeal of Parts III and IV

16. Proof of facts by certificate

17. Delegation of powers and functions

18. Transitional

Defence Acts Amendment Act 1981

No. 178 of 1981

 

An Act to amend the law relating to defence

[Assented to 8 December 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Defence Acts Amendment Act 1981.

Commencement

2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sub-section 6 (2) shall come into operation on the day fixed by Proclamation under sub-section 2 (2) of the Statute Law Revision Act 1981 or, if that day is earlier than the day on which this Act receives the Royal…

Overview

The Defence Acts Amendment Act 1981 (C2004A02555) was enacted to address gaps and issues in the existing Defence Act 1903 and Defence (Visiting Forces) Act 1963. The Act was passed by the Parliament of Australia and received Royal Assent on 8 December 1981. It amends both the Defence Act 1903 and the Defence (Visiting Forces) Act 1963 to provide clearer provisions for the delegation of powers, the attachment and command of forces from other countries, the management of public areas on Defence land, and the handling of absentees without leave. The Act also repeals certain sections and parts of the principal Acts to streamline the legislation.

Scope and Application

The Defence Acts Amendment Act 1981 applies to the Commonwealth of Australia and amends the Defence Act 1903 and the Defence (Visiting Forces) Act 1963. The Act pertains to the Defence Force and visiting forces, including the appointment and promotion of officers, conditions of service, and the delegation of powers. It introduces provisions for the attachment of personnel and mutual command powers between Australian Defence Force and forces of other countries, as well as the handling of absentees without leave from foreign forces. Furthermore, the Act establishes provisions for the management of public areas on defence land, including the appointment of rangers, their powers, and the imposition of by-laws. The Act's provisions apply within Australia and may extend to areas beyond Australia's territorial limits when Australian Defence Force is serving with forces of another country. Some powers under the Act may be delegated to appropriate officers, subject to certain conditions and limitations. The Act also makes specific amendments to the Defence Act 1903 and Defence (Visiting Forces) Act 1963, including the repeal of certain parts and the adjustment of definitions and provisions related to visiting forces.

Key Provisions

  • The Defence Acts Amendment Act 1981 introduces several key provisions and amendments to existing defence-related legislation in Australia. Section 3 of the Act refers to the Defence Act 1903 as the "Principal Act," while Section 4 amends Section 10c of the Principal Act, allowing for the delegation of powers to make appointments and promotions within the Army, Navy, and Air Force. The Act repeals Section 57 of the Principal Act through Section 5, which relates to the payment of additional compensation to certain members of reserve forces. Section 6 amends Section 58b of the Principal Act to clarify the conditions of service for Defence Force members. Section 7 amends Section 87 of the Principal Act to allow for the delegation of certain powers.
  • The Act also inserts a new Part IXa into the Principal Act, governing provisions relating to the forces of other countries. This includes the attachment of personnel and mutual powers of command between Australian Defence Force members and members of other countries' forces (Sections 116b to 116d). It also outlines procedures for dealing with absentees without leave, including apprehension, detention, and disposal of such individuals (Sections 116f to 116h). Furthermore, the Act allows for the delegation of powers by the chief of staff (Section 116m) and the making of orders under the new Part (Section 116n).
  • Section 9 of the Act inserts a new Part IXb into the Principal Act, focusing on public areas of Defence land. The Minister has the authority to declare certain areas of Defence land as public areas (Section 116q) and delegate powers to officers of the Defence Force or the Department of Defence (Section 116r). The Act also establishes the role of rangers, their powers of arrest, search, and seizure, as well as the penalties for assaulting or impersonating rangers (Sections 116v to 116za). The Act further addresses the concurrent operation of State and Territory laws (Section 116zc) and the making of by-laws for the control and management of public areas (Section 116zd).
  • In terms of offences and penalties, the Act outlines various consequences for breaches of its provisions. These include fines for failing to comply with requirements made by rangers (Section 116w(5)), assaulting or impersonating rangers (Sections 116y and 116z), and failing to return an identity card (Section 116u(3)). Additionally, the Act allows for the forfeiture of vehicles, aircraft, vessels, or articles used in the commission of an offence (Section 116x) and the suspension of salary in certain circumstances (Section 10).

Legal classification tags

Area of Law
Military Law
International Law
Instrument
Act
Concepts
Commencement Provisions
Delegation of power to make appointments and promotions
Delegation of powers and functions
Transitional Provisions
Reporting & Disclosure Obligations
Enforcement Powers
Seizure and forfeiture
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.