Defence Amendment Act (No. 2) 1977 (Cth)

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DEFENCE AMENDMENT ACT (No. 2) 1977

No. 20 of 1977

An Act to amend sections 80b and 83 of the Defence Act 1903.

BE IT ENACTED by the Queen, and the Senate and House of Rep­

resentatives of the Commonwealth of Australia, as follows: —

1 .(1 )

This Act may be cited as the Defence Amendment Act (No. 2) Short title,

1977.'

&c·

(2) The Defence Act 19032 is in this Act referred to as the Principal

Act.

2. This Act shall come into operation on the day on which it receives Commence-

the Royal Assent.1

ment

3. Section 80b of the Principal Act is repealed and the following sec­

tion substituted: —

“ 80B. ( 1 ) Subject to this section, a person shall not wear a service improper

decoration unless he is the person upon whom the decoration was con­

ferred.

“ (2)

Where the person upon whom a service decoration was confer­

red has died, it is not an offence against sub-section (1) for a member of the family of that person to wear the service decoration if the member of the family does not represent himself as being the person upon whom the decoration was conferred.

“ (3) It is not an offence against sub-section (1) for a person to wear a service decoration in the course of a dramatic or other visual represen­ tation (including such a representation to be televised) or in the making of a cinematograph film.

televised) or in the making of a cinematograph film.” .

“ (4)

A person shall not falsely represent himself as being the person

upon whom a service decoration has been conferred.

“ (5)

A person shall not deface or destroy, by melting or otherwise, a

service decoration.

Penalty: $100.” .

4 . Section 83 of the Principal Act is amended by omitting sub- Unauthorized

section (5 ) and substituting the following sub-section: —

^

’session or

“ (5) It is not an offence against this section for a person to wear a uni-

sup îyof

form or emblem to which this section applies in the course of a dramatic an(j

or other visual representation (including such a representation to be emblems,

No. 20

Defence Amendment (No. 2)

1977

NOTES

1. Act No. 20,1977; assented to 14 April 1977.

2. Act No. 20, 1903 as amended. For previous amendments see Act No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1,1927; No. 50,1932; No. 45, 1934; Nos. 13,38, 70 and 74,1939; No. 4, 1941; No. 11,1945; No. 78,1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; and No. 4, 1977.

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