Defence Force Re-organization Act 1975 (Cth)
An Act to amend the
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —
PART I—PRELIMINARY
PART II—AMENDMENTS OF THE DEFENCE ACT 1903-1973
(2) The Principal Act, as amended by this Part, may be cited as the
(a) by omitting the definitions of “Inspector-General” and “Native Force”;
(b) by omitting the definition of “Officer” and substituting the following definition: —
“‘Officer’—
(a) in relation to the Navy—means a person who is an officer as defined by section 3 of the
Naval Defence Act 1910-1975; and(b) in relation to the Army and the Air Force—means a person appointed or in pay as an officer of the Army or the Air Force, and includes an officer appointed or promoted to war substantive, local, provisional, probationary or temporary rank and a person holding an honorary appointment as an officer;”;
(c) by omitting the definition of “The Commonwealth”;
(d) by adding after the definition of “The Reserve Forces” the following definition: —
“ ‘The Secretary’ means the Secretary to the Department of Defence; ”; and
(e) by adding at the end thereof the following sub-section:—
“(2) Unless the contrary intention appears, in this Act or in any other law—
(a) a reference to the Naval Forces or the Navy shall be read as a reference to the Australian Navy;
(b) a reference to the Military Forces or the Army shall be read as a reference to the Australian Army;
(c) a reference to the Air Force shall be read as a reference to the Australian Air Force;
(d) a reference to the Chief of Defence Force Staff shall be read as a reference to the Chief of Defence Force Staff appointed under section 9;
(e) a reference to the Chief of Naval Staff shall be read as a reference to the Chief of Naval Staff appointed under section 9;
(f) a reference to the Chief of the General Staff shall be read as a reference to the Chief of the General Staff appointed under section 9;
(g) a reference to the Chief of the Air Staff shall be read as a reference to the Chief of the Air Staff appointed under section 9; and
(h) a reference to a chief of staff shall be read as a reference to the Chief of Defence Force Staff, the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case requires.
“5a. This Act extends to the external Territories as if each of those Territories were part of Australia.
“8. The Minister shall have the general control and administration of
the Defence Force, and the powers vested in the Chief of Defence Force Staff,
the Chief of Naval Staff, the Chief of the General Staff and the Chief of the
Air Staff by virtue of section 9, and the powers vested jointly in the
Secretary and the Chief of Defence Force Staff by virtue of section 9a
“9. (1) The Governor-General may appoint an officer of an arm of the Defence Force to be Chief of Defence Force Staff and—
(a) may appoint an officer of the Navy to be Chief of Naval Staff;
(b) may appoint an officer of the Army to be Chief of the General Staff; and
(c) may appoint an officer of the Air Force to be Chief of the Air Staff.
“(2) Subject to section 8, the Chief of Defence Force Staff shall command the Defence Force, and the chief of staff of an arm of the Defence Force shall, under the Chief of Defence Force Staff, command the arm of the Defence Force of which he is chief of staff.
“(3) It is a function of the Chief of Defence Force Staff to advise the Minister, in such manner as the Minister directs, on matters relating to the command by the Chief of Defence Force Staff of the Defence Force, and it is a function of the chief of staff of an arm of the Defence Force to advise the Minister, in such manner as the Minister directs, on matters relating to the command by the chief of staff of the arm of the Defence Force of which he is the chief of staff.
“(4) The Chief of Defence Force Staff may, in pursuance of the powers vested in him by virtue of sub-section (2), appoint an officer to command a part of the Defence Force consisting of members of more than one arm of the Defence Force, and the chief of staff of an arm of the Defence Force may, in pursuance of the powers vested in him by virtue of sub-section (2), appoint an officer of that arm of the Defence Force to command a part of that arm of the Defence Force.
“(5) Sub-section (2) has effect subject to section 68 of the Constitution.
“9a. (1) Subject to section 8, the Secretary and the Chief of Defence Force Staff shall jointly have the administration of the Defence Force except with respect to—
(a) matters falling within the command of the Defence Force by the Chief of Defence Force Staff or the command of an arm of the Defence Force by the chief of staff of that arm of the Defence Force; or
(b) any other matter specified by the Minister.
“(2) Instructions issued by or with the authority of the Secretary and the Chief of Defence Force Staff in pursuance of the powers vested in them jointly by virtue of sub-section (1) shall be known as Defence Instructions (General).
“(3) The powers vested in the Secretary and the Chief of Defence Force Staff by virtue of sub-section (1) extend to authorizing a chief of staff of an arm of the Defence Force to administer, in accordance with that authority, matters relating to that arm of the Defence Force, and instructions or orders issued or made by or with the authority of a chief of staff in relation to the administration of an arm of the Defence Force shall be known as—
(a) in the case of the Navy—Defence Instructions (Navy);
(b) in the case of the Army—Defence Instructions (Army); and
(c) in the case of the Air Force—Defence Instructions (Air).
“(4) Where Defence Instructions (Navy), Defence Instructions (Army) or Defence Instructions (Air) are inconsistent with Defence Instructions (General), the Defence Instructions (General) prevail and the Defence Instructions (Navy), the Defence Instructions (Army) or the Defence Instructions (Air), as the case may be, shall, to the extent of the inconsistency, be of no effect.
“(5) Evidence of Defence Instructions (General), Defence Instructions (Navy), Defence Instructions (Army) or Defence Instructions (Air) may be given in any proceedings in or before a Court, a Court-Martial, the Courts-Martial Appeal Tribunal, or any other tribunal, by the production of a document purporting to be a copy thereof.
“9b. (1) An officer who is a chief of staff shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.
“(2) An officer who is a chief of staff shall be paid such allowances as are prescribed.
“(3) This section has effect subject to the
“(4) Where a person is appointed to be an officer of the Army, or was, before the commencement of this sub-section, appointed to be an officer of the Military Forces, he shall, whether or not he has been issued with a commission, be deemed to have been commissioned as such an officer on the date of his appointment.”.
(a) by omitting sub-section (1) and substituting the following sub-section:—
“(1) The Governor-General may delegate to the Chief of Defence Force Staff or to an officer of the Army any of his powers under sections 10 and 10b to appoint and promote officers of the Army. and
(b) by omitting sub-sections (5) and (6).
“17. (1) An officer of the Army may, by writing under his hand addressed to the Chief of the General Staff, tender the resignation of his military office, but the resignation shall not be accepted, and is not effective, except as provided by this section.
“(2) The Chief of the General Staff may, without reference to the Governor-General, reject the resignation of an officer if—
(a) it is tendered in time of war or in time of defence emergency;
(b) acceptance of the resignation would, in the opinion of the Chief of the General Staff, seriously prejudice the ability of the Army to carry out military operations that it is carrying out or may be required to carry out; or
(c) in the case of an officer—
(i) who is engaged in, or who has completed, in whole or in part, a course of special training, a period of employment on special duties or a period of service outside Australia; or
(ii) who was appointed outside Australia or whose transport, or whose family’s transport, was at the expense of Australia, the officer has not completed a period of service that, under a determination of the Chief of the General Staff, and in the circumstances, the officer is required to complete.
“(3) The Chief of the General Staff—
(a) in the case of a resignation by an officer of a rank not higher than the rank of colonel that has not been rejected in pursuance of sub-section (2)—may accept the resignation or forward the resignation to the Minister for submission to the Governor-General; and
(b) in the case of a resignation by an officer of a rank higher than the rank of colonel that has not been rejected in pursuance of sub-section (2)—shall forward the resignation to the Minister for submission to the Governor-General.
“(4) Where the Minister considers that the resignation of the officer should not be accepted unless and until the officer has complied with a condition, the officer’s resignation shall not be submitted to the Governor-General for acceptance until the officer has complied with that condition.
“(5) The Governor-General may accept, or refuse to accept, the resignation of an officer.
“(6) Where the Governor-General or the Chief of the General Staff accepts the resignation of an officer, the resignation becomes effective on the seventh day after the date on which it is accepted or on such other date as may be specified in the instrument of acceptance.”.
(2) Where, before the commencement of this section, an officer of the Military Forces had tendered the resignation of his military office to the Military Board under section 17 of the Principal Act, but the resignation had not, before the commencement of this section, been accepted or rejected under that section, section 17 of the Principal Act as amended by sub-section (1) of this section applies to and in relation to the resignation as if each reference in section 17 of the Principal Act as so amended to the Chief of the General Staff included a reference to the Military Board.
(3) Until a determination is made by the Chief of the General Staff for the purposes of paragraph 17(2)(c) of the Principal Act as amended by sub-section (1) of this section, any determination made by the Military Board for the purposes of paragraph 17(2)(c) of the Principal Act, and in force immediately before the commencement of this section, continues to have effect as if it were a determination made by the Chief of the General Staff for the purposes of paragraph 17(2)(c) of the Principal Act as amended by sub-section (1) of this section.
(2) A determination made by the Military Board before the commencement of this section for the purposes of section 19 of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of the General Staff for the purposes of section 19 of the Principal Act as amended by sub-section (1) of this section.
(2) Notwithstanding the amendments of section 28 of the Principal Act made by sub-section (1) of this section, Military Board Orders shall, subject to the succeeding provisions of this section, continue in force after the commencement of this section and be as valid and effectual as if those amendments had not been made and as if the regulations having effect for the purposes of sub-section 28(3) of the Principal Act had not, by reason of those amendments, ceased to have effect.
(3) A provision of Military Board Orders as in force from time to time after the commencement of this section may be revoked or varied—
(a) by or with the authority of the Secretary to the Department of Defence and the Chief of Defence Force Staff in pursuance of the powers vested in them jointly by virtue of sub-section 9a(1) of the Principal Act as amended by this Act; and
(b) if the Chief of the General Staff is so authorized under subsection 9a(3) of the Principal Act as amended by this Act—by or with his authority.
(4) Military Board Orders as in force from time to time after the commencement of this section shall, for the purposes of section 9a of the Principal Act as amended by this Act, be deemed to be Defence Instructions (Army).
(5) In sub-sections (2), (3) and (4) of this section, “Military Board Orders” means orders and instructions made or issued by or with the authority of the Military Board and in force immediately before the commencement of this section.
“30. The Defence Force consists of 3 arms, namely, the Australian Navy, the Australian Army and the Australian Air Force.”.
(2) The Australian Navy is a continuation under that name of the arm of the Defence Force previously known as the Naval Forces of the Commonwealth, the Australian Army is a continuation under that name of the arm of the Defence Force previously known as the Military Forces of the Commonwealth and the Australian Air Force is a continuation under that name of the arm of the Defence Force previously known as the Air Force of the Commonwealth.
(a) by adding at the end of paragraph (a) of sub-section (3) the word “and”;
(b) by omitting paragraph (b) of sub-section (3);
(c) by adding at the end of paragraph (a) of sub-section (5) the word “and”; and
(d) by omitting paragraph (b) of sub-section (5).
“32b. A member of an arm of the Defence Force may, under such conditions (if any) as are prescribed, be attached or loaned to, or seconded for service with, another arm of the Defence Force.”.
(2) A determination made by the Military Board before the commencement of this section for the purposes of section 33 of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of the General Staff for the purposes of section 33 of the Principal Act as amended by sub-section (1) of this section.
“(2) On or before the expiration of the period for which a soldier was engaged or previously re-engaged, he may volunteer to serve for a further period as prescribed, and be re-engaged for further service accordingly.
“(3) A period of re-engagement commences on the day immediately after the expiration of the period for which, on enlistment or previous re-engagement, the soldier had volunteered to serve.”.
“(3) When a soldier re-engages to serve, he shall not be required to take and subscribe a fresh oath but, on his re-engagement, reference in the oath taken and subscribed by him on enlistment to the period for which he is to serve shall be deemed to include reference to the further period for which he has re-engaged.”.
(a) by adding at the end of paragraph (a) of sub-section (1) the word “and”; and
(b) by omitting paragraph (b) of sub-section (1).
“(2) Where a soldier has been discharged by a prescribed authority in pursuance of sub-section (1) and, after he has been discharged, that authority or another prescribed authority is satisfied that the soldier could properly have been discharged under that sub-section for a prescribed reason other than the reason for which he was discharged, the authority so satisfied may, at the request of the person who has been discharged, take such steps as are necessary to ensure that the person is treated as having been discharged for that other reason, including the taking of steps to amend the order of discharge and any other relevant documents:”.
(a) by omitting from sub-section (1) all the words after the words “Australian Cadet Corps”; and
(b) by omitting sub-section (2) and substituting the following sub-sections:—
“(2) The Australian Cadet Corps shall consist of—
(a) persons appointed in accordance with the regulations to be officers in that body; and
(b) subject to sub-sections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body.
“(3) A person appointed to be an officer in the Australian Cadet Corps does not become a member of the Army by virtue of that appointment.
“(4) A cadet in the Australian Cadet Corps is not a member of the Army.
“(5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he—
(a) has attained such age as is prescribed; and
(b) has not attained the age of 20 years.
“(6) A person ceases to be a cadet when he attains the age of 21 years or such lower age as is prescribed.
“(7) The regulations may make provision for and in relation to the organization, maintenance, regulation, control and discipline of the Australian Cadet Corps, and, in particular, for and in relation to—
(a) the periods and conditions of service of members;
(b) the promotion of members;
(c) the pay and allowances, including travelling allowances, of members;
(d) the medical and dental treatment of members; and
(e) the provision of travelling facilities for members.
“(8) In sub-section (7), ‘member’ means an officer or cadet in the Australian Cadet Corps.
“(9) Subject to the regulations and to the directions of the Minister, the Chief of the General Staff shall administer the Australian Cadet Corps.”.
(2) A person who, immediately before the commencement of this section, was a member of the Australian Cadet Corps, shall, subject to the provisions of section 62 of the Principal Act as amended by subsection (1) of this section, continue to be a member of the Australian Cadet Corps with the same rank as he held immediately before the commencement of this section.
(a) by omitting paragraph (dc) of sub-section (1) and substituting the following paragraph:—
“(db) Establish, maintain and operate undertakings for research, design or development purposes in respect of matters related to the defence of Australia; ”; and
(b) by omitting sub-section (3).
(2) Any undertaking that, immediately before the
commencement of this section, was being maintained and operated under the
Repeal of sections 71 and 72.
(a) by omitting from sub-section (1) the words “to the Commonwealth or any officer of the Commonwealth”; and
(b) by omitting from sub-section (2) the words “Any officer of the Commonwealth” and substituting the words “Any person”.
(a) by omitting from paragraph (a) of sub-section (2) the words “the Commonwealth” and substituting the words “the Australian Government, an authority established by or under a law of Australia or any other prescribed authority”;
(b) by inserting in paragraph (a) of sub-section (4), before the words “service decorations”, the words “, or to sell or otherwise dispose of,”; and
(c) by inserting after sub-section (5) the following sub-section: —
“(5a) Where a person upon whom a service decoration has been conferred has died, a member of the family of that person shall, for the purposes of sub-section (5), be taken to be entitled to wear the decoration under circumstances where the member of the family does not represent himself or herself as the person upon whom the decoration was conferred.”.
(a) by omitting from sub-section (2) the words ‘‘the Naval, Military or Air Forces of the Commonwealth” and substituting the words “the Australian Navy, the Australian Army or the Australian Air Force”;
(b) by omitting sub-section (3) and substituting the following sub-section:—
“(3) An authority for the purposes of sub-section (1) shall be in writing signed by the Minister, or by a person authorized in writing by the Minister, and shall be subject to such limitations (if any) as are specified in the authority. ”; and
(c) by omitting from sub-section (7) the definition of “emblem” and substituting the following definition: —
“ ‘emblem’ includes a badge, a regimental or other similar distinctive mark, an armlet, a flag, an ensign or a standard;”.
(2) An authority given before the commencement of this section under sub-section 83(3) of the Principal Act for the purposes of sub-section (1) of that section, being an authority that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been given immediately after the commencement of this section by the Minister under sub-section 83(3) of the Principal Act as amended by sub-section (1) of this section.
“85. Where a person contravenes or fails to comply with any provision of this Act or of the regulations, being a contravention or failure in respect of which no penalty is provided, the person is guilty of an offence punishable upon conviction by a fine not exceeding $100. ”.
“119. The regulations may make provision for and in relation to the forfeiture, in whole or in part, of the salary of, and of the allowances of, a member of the Defence Force who is awaiting or undergoing trial on any charge in respect of which he is later convicted, is undergoing detention or imprisonment or is absent without leave.”.
(2) A determination made by the Military Board before the commencement of this section for the purposes of section 123a of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of the General Staff under section 123a of the Principal Act as amended by sub-section (1) of this section.
“123f. A person shall not be permitted to serve in the Defence Force if—
(a) that person has been convicted of a crime that, in the opinion of the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case requires, is such as to render that person unsuitable for service in the Defence Force; or
(b) the service of that person in the Defence Force might, in the opinion of the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case requires, be prejudicial to the security of Australia.”.
(a) by omitting paragraph (ca) of sub-section (1);
(b) by omitting paragraphs (d), (da), (db) and (e) of sub-section (1) and substituting the following paragraphs:—
“(d) The remuneration of members by way of salary, pay, allowances or otherwise, including—
(i) the rates of any such remuneration;
(ii) deductions from any such remuneration; and
(iii) the suspension, variation or cancellation of allotments of any such remuneration made by a member;
(da) The payment of allowances or other pecuniary benefits, otherwise than by way of remuneration, to members;
(e) The payment of allowances or other pecuniary benefits to or in respect of members of the family, or dependants, of a member;”;
(c) by omitting from paragraph (g) of sub-section (1) the words “and courts of inquiry”;
(d) by inserting in paragraph (ga) of sub-section (1), after the word “courts-martial”, the words “, or of commanding officers,”;
(e) by inserting after paragraph (gb) of sub-section (1) the following paragraph:—
“(gc) The appointment, procedures and powers of courts of inquiry, boards of inquiry and investigating officers;”;
(f) by omitting paragraph (i) of sub-section (1);
(g) by inserting after paragraph (nc) of sub-section (1) the following paragraph:—
“(nd) The establishment, maintenance and operation of any factory or undertaking under section 63;”;
(h) by omitting paragraph (o) of sub-section (1) and substituting the following paragraph:—
“(o) The establishment, management, operation and control of canteens and the establishment, management, operation and control of messes; ”;
(i) by omitting from paragraph (oa) of sub-section (1) the words “Military Forces, including the funds and property of messes” and substituting the words “Defence Force”;
(j) by omitting paragraph (p) of sub-section (1) and substituting the following paragraph:—
“(p) The regulation of any naval, military or air-force operation or practice;”;
(k) by omitting paragraph (qd) of sub-section (1) and substituting the following paragraph:—
“(qd) The command, discipline, control and administration of bodies of 2 or more arms of the Defence Force acting together or of a part of the Defence Force consisting of members of 2 more arms of the Defence Force;”;
(l) by omitting paragraphs (ra) and (s) of sub-section (1); and
(m) by adding at the end of sub-section (1) the following paragraphs: —
“(u) The disposal of unclaimed property of members of the Defence Force and of other persons held in the custody or control of Australia;
(v) The authorization of service flags, ensigns, standards, colours, pennants and symbols, and the regulation of the use thereof; and
(w) Providing for penalties, not exceeding a fine of $200 or imprisonment for a period not exceeding 3 months, for offences against the regulations.”.
(2) Regulations made, or purporting to have been made—
(a) under the
(b) under the
being regulations in force, or purporting to be in force, immediately before the date of commencement of this section, shall, on and after that date, be as valid and effectual as if they had been made on that date.
PART III—AMENDMENTS OF THE NAVAL DEFENCE ACT
1910-1973
(2) The Principal Act, as amended by this Part, may be cited as the
(a) by omitting the definition of “native force”;
(b) by inserting in the definition of “naval establishment”, after the word “work”, the word “office,”;
(c) by omitting the definition of “officer” and substituting the following definition:—
“ ‘officer’ means a person appointed or in pay as an officer of the Navy, and includes a subordinate officer; ”; and
(d) by omitting the definition of “subordinate officer” and substituting the following definition: —
“‘subordinate officer’ means a person who holds the rank in the Navy of Acting Sub-Lieutenant, Midshipman or Cadet Midshipman;”.
(2) Notwithstanding the repeal of section 7 of the Principal Act effected by sub-section (1) of this section, Naval Board Orders shall, subject to the succeeding provisions of this section, continue in force after the commencement of this section and be as valid and effectual as if that section had not been repealed and as if the regulations having effect for the purposes of sub-section 7 (2) of the Principal Act had not, by reason of that repeal, ceased to have effect.
(3). A provision of Naval Board Orders as in force from time to time after the commencement of this section may be revoked or varied—
(a) by or with the authority of the Secretary to the Department of Defence and the Chief of Defence Force Staff in pursuance of the powers vested in them jointly by virtue of sub-section 9a(1) of the
Defence Act 1903-1975; and(b) if the Chief of Naval Staff is so authorized under sub-section 9a(3) of the
Defence Act 1903-1975—by or with his authority.
(4). Naval Board Orders as in force from time to time after the commencement
of this section shall, for the purposes of section 9a of the
(5). In this section, “Naval Board Orders” means orders and instructions made or issued by or with the authority of the Naval Board and in force immediately before the commencement of this section.
“(4) Where a person is appointed to be an officer of the Navy, other than a subordinate officer, or was, before the commencement of this subsection, so appointed, he shall, whether or not he has been issued with a commission, be deemed to have been commissioned as such an officer on the date of his appointment.
(a) by omitting sub-section (1) and substituting the following sub-section:—
“(1) The Governor-General may delegate to the Chief of Defence Force Staff or to an officer any of his powers under sections 8 and 10 to appoint and promote officers.”; and
(b) by omitting sub-sections (5) and (6).
“13. (1) An officer may, by writing under his hand addressed to the Chief of Naval Staff, tender the resignation of his naval office, but the resignation shall not be accepted, and is not effective, except as provided by this section.
“(2) The Chief of Naval Staff may, without reference to the Governor-General, reject the resignation of an officer if—
(a) it is tendered in time of war or in time of defence emergency;
(b) acceptance of the resignation would, in the opinion of the Chief of Naval Staff, seriously prejudice the ability of the Navy to carry out naval operations that it is carrying out or may be required to carry out; or
(c) in the case of an officer—
(i) who is engaged in, or who has completed, a course of special training, a period of employment on special duties or a period of service outside Australia; or
(ii) who was appointed outside Australia or whose transport, or whose family’s transport, was at the expense of Australia,
the officer has not completed a period of service that, under a determination of the Chief of Naval Staff, and in the circumstances, the officer is required to complete.
“(3) The Chief of Naval Staff—
(a) in the case of a resignation by an officer of a rank not higher than the rank of Captain that has not been rejected in pursuance of sub-section (2)—may accept the resignation or forward the resignation to the Minister for submission to the Governor-General; and
(b) in the case of a resignation by an officer of a rank higher than the rank of Captain that has not been rejected in pursuance of sub-section (2)—shall forward the resignation to the Minister for submission to the Governor-General.
“(4) Where the Minister considers that the resignation of the officer should not be accepted unless and until the officer has complied with a condition, the officer’s resignation shall not be submitted to the Governor-General for acceptance until the officer has complied with that condition.
“(5) The Governor-General may accept, or refuse to accept, the resignation of an officer.
“(6) Where the Governor-General or the Chief of Naval Staff accepts the resignation of an officer, the resignation becomes effective on the seventh day after the date on which it is accepted or on such other date as may be specified in the instrument of acceptance.”.
(2). Where, before the commencement of this section, an officer of the Naval Forces had tendered the resignation of his naval office to the Naval Board under section 13 of the Principal Act, but the resignation had not, before the commencement of this section, been accepted or rejected under that section, section 13 of the Principal Act as amended by sub-section (1) of this section applies to and in relation to the resignation as if each reference in section 13 of the Principal Act as so amended to the Chief of Naval Staff included a reference to the Naval Board.
(3). Until a determination is made by the Chief of Naval Staff for the purposes of paragraph 13(2)(c) of the Principal Act as amended by sub-section (1) of this section, any determination made by the Naval Board for the purposes of paragraph 13(2)(c) of the Principal Act, and in force immediately before the commencement of this section, continues to have effect as if it were a determination made by the Chief of Naval Staff for the purposes of paragraph 13(2)(c) of the Principal Act as amended by sub-section (1) of this section.
(2) A determination made by the Naval Board before the commencement of this Act for the purposes of section 14 of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of Naval Staff for the purposes of section 14 of the Principal Act as amended by sub-section (1) of this section.
“17a. The Governor-General may place the names of officers on retired lists.”.
(2) A determination made by the Naval Board before the commencement of this section for the purposes of section 23 of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of Naval Staff for the purposes of section 23 of the Principal Act as amended by sub-section (1) of this section.
(2) The repeal effected by sub-section (1) does not affect the obligations of a person enlisted in pursuance of the section of the Principal Act repealed by that sub-section and shall not be taken as preventing the enlistment in the Navy of persons under the age of 21 years.
“(3) When a sailor re-engages to serve, he shall not be required to take and subscribe a fresh oath but, on his re-engagement, reference in the oath taken and subscribed by him on enlistment to the period of service that he has agreed to render shall be deemed to include a reference to the further period for which he has re-engaged.”.
(2) The repeal effected by sub-section (1) does not affect the obligations of a person enlisted in pursuance of the section of the Principal Act repealed by that sub-section.
“(2) Where a sailor has been discharged by a prescribed authority in pursuance of sub-section (1) and, after he has been discharged, that authority or another prescribed authority is satisfied that the sailor could properly have been discharged under that sub-section for a prescribed reason other than the reason for which he was discharged, the authority so satisfied may, at the request of the person who has been discharged, take such steps as are necessary to ensure that the person is treated as having been discharged for that other reason, including the taking of steps to amend any relevant order of discharge and any other relevant documents.”.
“39. Subject to the regulations and to the directions of the Minister, the Chief of Naval Staff shall administer the Naval Reserve Cadets.”.
“40. In this Part, unless the contrary intention appears—
‘authorized person’ means a person appointed by the Minister in writing to be an authorized person for the purposes of this Part;
‘determination’ means a determination made under section 42a.”.
(2) A determination made under section 42a of the Principal Act and in force immediately before the commencement of this section shall have effect after the commencement of this section as if it were a determination made under section 42a of the Principal Act as amended by sub-section (1) of this section.
(2) A direction given by the Naval Board before the
commencement of this section under section 42b of the
(a) by omitting from sub-section (1) the words “Naval Board” and substituting the words “authorized person”;
(b) by omitting from sub-section (1) the word “its” and substituting the word “his”;
(c) by omitting from sub-section (3) the words “Naval Board” and substituting the words “authorized person”; and
(d) by omitting sub-section (4).
“44d. In or at a naval establishment, or on board a vessel of the Navy, or at a gathering of members of the Navy (with or without guests) approved by the Chief of Naval Staff, or by an officer authorized by the Chief of Naval Staff to give such an approval, it is lawful, notwithstanding any provision of a law of a State or Territory—
(a) for a person to have in his possession, sell or supply intoxicating liquor in accordance with such conditions as the Chief of Naval Staff determines; or
(b) for a person, being a member of the Navy or of a mess, or a guest of such a member or of a mess, to consume, buy or have in his possession intoxicating liquor in accordance with such conditions as the Chief of Naval Staff determines.”.
(a) by omitting paragraph (ba) of sub-section (1);
(b) by omitting from paragraph (c) of sub-section (1) the word “and”;
(c) by adding at the end of sub-section (1) the following word and paragraph: —
“and (e) the imposition of penalties, not exceeding a fine of $200 or imprisonment for a period not exceeding 3 months, for offences against the regulations. ”; and
(d) by omitting sub-section (2).
PART IV—AMENDMENTS OF THE AIR FORCE ACT
1923-1973
(2) The Principal Act, as amended by this Part, may be cited as the
“An Act relating to Air Defence.”.
(2) Notwithstanding the repeal of regulations 24, 25, 26, 27, 28, 29 and 30 of the Air Force Regulations effected by sub-section (1), Air Board Orders shall, subject to the succeeding provisions of this section, continue in force after the commencement of this section and be as valid and effectual as if those regulations had not been repealed.
(3). A provision of Air Board Orders as in force from time to time after the commencement of this section may be revoked or varied—
(a) by or with the authority of the Secretary to the Department of Defence and the Chief of Defence Force Staff in pursuance of the powers vested in them jointly by virtue of sub-section 9a(1) of the
Defence Act 1903-1975; and(b) if the Chief of the Air Staff is so authorized under sub-section 9a(3) of the
Defence Act 1903-1975—by or with his authority.
(4). Air Board Orders as in force from time to time
after the commencement of this section shall, for the purposes of section 9a of the
(5). In this section, “Air Board Orders” means orders and instructions made or issued by or with the authority of the Air Board and in force immediately before the commencement of this section.
PART V—AMENDMENTS OF THE SUPPLY AND DEVELOPMENT ACT 1939-1973
(2) The Principal
Act, as amended by this Part, may be cited as the
(a) by omitting from the definition of “the Department” the word “Supply” and substituting the words “Manufacturing Industry”;
(b) by omitting from the definition of “undertaking” the words “, experimental station”; and
(c) by omitting from the definition of “undertaking” the words “research, design or development in relation to war material or for” and substituting the words “, or for purposes incidental to,”.
(2) Section 5 of the Principal Act is amended by omitting paragraph of sub-section (1) and substituting the following paragraph:—
“(f) any matter incidental to a matter referred to in a preceding paragraph of this sub-section.”.
“8a. (1) The members of a committee constituted under section 8 shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.
“(2) The members of a committee referred to in sub-section (1) shall be paid such allowances as are prescribed.
“(3) This section has effect subject to the
PART VI—AMENDMENTS OF THE DEFENCE (VISITING FORCES) ACT 1963-1973
(2) The Principal Act, as amended by this Part, may be cited as the
(a) by omitting from sub-section (7) the words “Naval Board, the Military Board or the Air Board” and substituting the words “Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff”; and
(b) by omitting from sub-section (7) the words “its administration and control” and substituting the words “his command”.
(2) An order made before the commencement of this section by the Naval Board, the Military Board or the Air Board under sub-section 8(7) of the Principal Act, and in force immediately before the commencement of this section, has effect after the commencement of this section as if it had been made by the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case may be, under sub-section 8(7) of the Principal Act as amended by sub-section (1) of this section immediately after the commencement of this section.
(2) Any officer of the Defence Force who, immediately before the commencement of this section, was an authorized officer for the purposes of section 19 of the Principal Act shall, after the commencement of this section, continue to be an authorized officer for the purposes of section 19 of the Principal Act as amended by sub-section (1) of this section as if he had been authorized by the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case requires, under section 19 of the Principal Act as so amended.
(a) by omitting from sub-section (1) the words “Naval Board, the Military Board or the Air Board” and substituting the words “Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff”;
(b) by omitting from paragraph (a) of sub-section (1) the words “the administration and control of the Board” and substituting the words “his command”;
(c) by omitting from paragraph (a) of sub-section (1) the words “the disposal of the Board” and substituting the words “his disposal”;
(d) by omitting from paragraph (b) of sub-section (1) the words “the administration and control of the Board” and substituting the words “his command”;
(e) by omitting from sub-section (3) the words “Naval Board, the Military Board or the Air Board” and substituting the word “Minister”; and
(f) by omitting from sub-section (3) the words “Naval Forces, the Military Forces or the Air Force” and substituting the words “Australian Navy, the Australian Army or the Australian Air Force”.
(2). An order made before the commencement of this section by the Naval Board, the Military Board or the Air Board under sub-section 24(1) of the Principal Act, and in force immediately before the commencement of this section, has effect after the commencement of this section, as if it had been made by the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case may be, under sub-section 24(1) of the Principal Act as amended by sub-section (1) of this section immediately after the commencement of this section.
(3). An order made before the commencement of this section by the Naval Board, the Military Board or the Air Board under sub-section 24(3) of the Principal Act, and in force immediately before the commencement of this section, has effect after the commencement of this section as if it had been made by the Minister under sub-section 24(3) of the Principal Act as amended by sub-section (1) of this section immediately after the commencement of this section.
(2) An officer of the Defence Force who, immediately before the commencement of this section, was an officer who was authorized in writing by the Naval Board, the Military Board or the Air Board for the purposes of sub-section 25(3) of the Principal Act shall, upon the commencement of this section, be deemed to be an officer authorized in writing by the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case may be, for the purposes of sub-section 25(3) of the Principal Act as amended by sub-section (1) of this section.
(3) A request made before the commencement of this section under sub-section 25(3) of the Principal Act by an officer authorized for the purposes of that sub-section continues to have effect after the commencement of this section as if it had been made by an officer authorized for the purposes of sub-section 25(3) of the Principal Act as amended by sub-section (1) of this section immediately after the commencement of this section.
(a) by omitting sub-sections (3) and (4) and substituting the following sub-sections: —
“(3) Subject to sub-section (4), a chief of staff may, in relation to a matter or class of matters, or to a State, Territory, or other part of Australia, another country or part of another country, by writing signed by him, delegate to an officer who holds a rank not below the rank of Captain in the Australian Navy, Colonel in the Australian Army or Group Captain in the Australian Air Force any of his powers or functions under this Act, other than this power of delegation.
(b) Omit “the Naval and Military Forces of the Commonwealth”, substitute “the Navy and the Army”. | |
Sub-section 10a(5)............ | Omit “the Military Forces”, substitute “the Army”. |
Section 13........................ | Omit “the King or the Commonwealth”, substitute “the Crown or Australia”. |
Section 31........................ | Omit “The Military Forces of the Commonwealth consist”, substitute “The Army consists”. |
Sub-section 32a(2)............ | Omit “the Military Forces”, substitute “the Army”. |
Section 33........................ | Omit “those Forces,” substitute “The Army”. |
Section 34........................ | Omit “those Forces” (wherever occurring), substitute “the Army”. |
Section 36........................ | Omit “those Forces”, substitute “the Army”. |
Sub-section 37(1).............. | Omit “the Second Schedule to this Act”, substitute “Schedule 2”. |
Section 42........................ | Omit “the Second Schedule to this Act”, substitute “Schedule 2”. |
Sub-section 42a(1)............ | Omit “those Forces”, substitute “the Army”. |
Heading to Division 3 of Part III..................................... | Omit “the Forces”, substitute “the Army”. |
Paragraph 61a(1)(c).......... | Omit “the Commonwealth”, substitute “a Territory”. |
Sub-section 61a(2)............ | Omit “of this Act”. |
Paragraph 61c(b).............. | Omit “the thirteenth day of February, One thousand nine hundred and forty-six”, substitute “13 February 1946”. |
Paragraph 61c(c).............. | Omit “the twenty-first day of November, One thousand nine hundred and forty-seven”, substitute “21 November 1947”. |
Sub-section 73a(1)............ | (a) Omit “Public Service of the Commonwealth”, substitute “Australian Public Service”. (b) Omit “the Commonwealth”, substitute “Australia”. |
Sub-section 83(2).............. | Omit “the Commonwealth” (last occurring), substitute “Australia”. |
Sub-section 123ba(1)........ | Omit “the Second Schedule to this Act”, substitute “Schedule 2”. |
Sub-paragraph 124(2)(b)(ii) .......................................... | (a) Omit “the twenty-sixth day of June, One thousand nine hundred and fifty”, substitute “26 June 1950”. (b) Omit “the twenty-eighth day of June, One thousand nine hundred and fifty”, substitute “28 June 1950”. |
Headings to Schedules | (a) Omit “First Schedule”, substitute “Schedule 1”. (b) Omit “Second Schedule”, substitute “Schedule 2 ” |
SCHEDULE 2 Section 89
FORMAL AMENDMENTS OF NAVAL DEFENCE ACT 1910-1973
1. The following provisions are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act, or of another Act, and substituting that number expressed in figures: —
Sections 5(1), 9(1), 32a(4), 41, 42b(1) and (2)(b), 42c.
2. The following provisions are amended by omitting the words “of this Act”, “to this Act” and “of this section” (wherever occurring): —
Sections 9(1), 26(1), 38(2)(c), 42b(1) and (2)(b), 43(1).
3. The following provisions are amended by omitting the words “Naval Forces” (wherever occurring) and substituting the word “Navy”:—
Sections 4 (definitions of “regulations” and “sailor”), 8(1) and (2), 9(1), (2), (3) and (6), 11(2), 14, 17, 18(1), 23, 24, 25(1), 26, 28(5), 33, 38(3) and (4), 42, 44, 45(1).
4. The Act is further amended as set out in the following table: —
Provision | Amendment |
Sub-section 5(1)......................... | Omit “the Naval Forces and the members of those Forces”, substitute “the Navy and the members of the Navy”. |
Sub-section 9(5)......................... | Omit “the Naval Forces”, substitute “the Navy”. |
Heading to Part III..................... | Omit “NAVAL FORCES”, substitute “AUSTRALIAN NAVY”. |
Section 19................................... | Omit “Naval Forces of the Commonwealth consist”, substitute “Navy consists”. |
Section 23................................... | Omit “those Forces”, substitute “the Navy”. |
Section 24................................... | Omit “those Forces” (wherever occurring), substitute “the Navy”. |
Sub-section 25(1)....................... | Omit “those Forces”, substitute “the Navy”. |
Heading to Part IV..................... | Omit “NAVAL FORCES”, substitute “NAVY”. |
Section 34................................... | Omit “the Naval Forces and the members of those Forces”, substitute “the Navy and the members of the Navy”. |
Paragraph 42a(4)(b)................... | Omit “the Commonwealth” (wherever occurring), substitute “Australia”. |
Sub-section 42b(1) and paragraph 42b(2)(b).................................... | Omit “Public Service of the Commonwealth” (wherever occurring ), substitute “Australian Public Service”. |
Paragraph 42b(2)(c)................... | Omit “the Commonwealth”, substitute “Australia” |
_________
SCHEDULE 3 Section 96
FORMAL AMENDMENTS OF AIR FORCE ACT 1923-1973
1. The following provisions are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of another Act and substituting that number expressed in figures:—
Sections 3(1), 4j(4).
2. The following provision is amended by omitting the words “the Commonwealth” and substituting the word “Australia”:—
Section 9.
________
SCHEDULE 4 Section 102
FORMAL AMENDMENTS OF SUPPLY AND DEVELOPMENT ACT 1939-1973
1. The following provisions are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act or of another Act and substituting that number expressed in figures:—
Sections 8(1), 12(1), 14, 27(1)(a).
2. The following provisions are amended by omitting the words “of this Act” and “of this sub-section” (wherever occurring):—
Sections 8(1), 27(1)(a) and (1)(bj).
3. The following provisions are amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”:—
Sections 4 (definitions of “undertaking” and “war”), 5(1)(b) and (1)(e)(ii), 6(1), 25, 25a(2), 27(1)(bc), (1)(bd), (1)(be), (2)(a) and (3) (definition of “trade union”).
4. The Act is further amended as set out in the following table:—
Provision | Amendment |
Sub-section 13(2)................ | Omit “of this section”. |
Sub-section 13(3)................ | Omit “of this section”. |
__________
SCHEDULE 5 Section 110
FORMAL AMENDMENTS OF DEFENCE (VISITING FORCES) ACT 1963-1973
1. The following provisions are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act or of another Act, and substituting that number expressed in figures:—
Sections 6(2), 11(1), 12(1), (2) and (3), 14(2)(a), 18(1), (2) and (3), 23, 24(6) and (7). Clauses 1 and 3 of the Schedule.
2. The following provisions are amended by omitting the words “of this Act”, “to this Act”, “of this section” and “of this sub-section” (wherever occurring):—
Sections 5(3), 8(6)(a) and (7), 9(3), (4)(a) and (6), 11(1), 12(1) and (2), 14(2)(a), 16(6) and (7), 18(1), (2) and (3), 21(3)(b)(i) and (4), 23, 24(4).
Clauses 1 and 3 of the Schedule.
3. The following provisions are amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”: —
Sections 5(8), 9(1) and (5), 10(1), 12(1)(a), (2) and (3), 15(1), 17(1), 18(2) and (4)(a).
Clauses 1 and 4 of the Schedule.
4. The Act is further amended as set out in the following table: —
Provision | Amendment |
Sub-section 12(3)................ | Omit “of this Act” (first occurring). |
Sub-section 16(7)................ |
|
Sub-section 19(1)................ |
|
SCHEDULE 5—continued
Provision | Amendment |
Sub-section 20(1)................ | Omit “A member of the police force of the Commonwealth or of a State or Territory”, substitute “A member of a Police Force of a State or Territory”. |
Sub-section 24(3)................ | Omit “of the Commonwealth ”. |
Sub-section 24(6)................ | Omit “of this Act’’ (last occurring). |
Sub-section 28(2)................ | Omit “for the Commonwealth” (wherever occurring). |
______
SCHEDULE 6 Section 122
FORMAL AMENDMENTS OF COURTS-MARTIAL APPEALS ACT 1955-1973
1. The following provisions are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act or of another Act, and substituting that number expressed in figures:—
Sections 4 (1) (definitions of “the Deputy President” and “the Registrar”), 17(1)(e), (1)(f) and (2), 34(2), 37(3), 40(1), 47, 48(3), 49, 50(1) and (10), 60(e).
2. The following provisions are amended by omitting the words “of this Act”, “to this Act” and “of this section” (wherever occurring):—
Sections 4(1) (definitions of “the Deputy President” and “the Registrar”), 9, 17(1)(e), (1)(f) and (2), 21(3)(b), 34(2), 37(3), 38(3), (4) and (5), 40(1), 47, 49, 50(1) and (7), 60(e).
3. The following provisions are amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”: —
Sections 17(1)(f), 18(2), 37(1), (2) and (3).
_______
SCHEDULE 7 Section 137
FORMAL AMENDMENTS OF SERVICES TRUSTS FUNDS ACT 1947-1973
The Act is amended as set out in the following table:—
Provision Section 4 (definition of “the prescribed date”)................ | Amendment Omit “the thirtieth day of June, One thousand nine hundred and forty- seven”, substitute “30 June 1947”. |
Section 4 (definition of “the time of war”)....................... | Omit “the third day of September, One thousand nine hundred and thirty-nine”, substitute “3 September 1939”. |
Paragraph 8(b).................... | Omit “the Commonwealth”, substitute “Australia”. |
Section 15 (definition of “the interim Force”) | Omit “twenty-three”, substitute “23 ”. |
Paragraph 21(a)................... | Omit “the sixth day of May, One thousand nine hundred and twenty- two”, substitute “6 May 1922”. |
Paragraph 21(b).................. | Omit “the thirteenth day of October, One thousand nine hundred and forty-four”, substitute “13 October 1944”. |
Paragraph 22(1)(b).............. | Omit “of this sub-section”. |
Paragraph 22(2)(c).............. | Omit “of this sub-section”. |
Section 23........................... | Omit “section one hundred and eleven of the |
Sub-section 35(1)................ | Omit “for the Commonwealth”. |
_________
SCHEDULE 8 Section 154
FORMAL AMENDMENTS OF DEFENCE (PARLIAMENTARY CANDIDATES) ACT 1969-1974
1. The following provisions are amended by omitting the words “of this Act” and “of this section” (wherever occurring):—
Sections 5(1) (definition of “the declared date”) and (2), 6(1) and (3), 10(1), 11(1), (4) and (5), 12(1), 13(1)(a), (1)(c) and (2), 14(1)(a), (1)(c) and (2), 16(1), (2)(a), (2)(c) and (2)(d), 17 (1).
2. The following provisions are amended by omitting the words “the Commonwealth” and substituting the word “Australia”:—
Sections 5(1) (definition of “the Defence Force”) 10(4), 11(4) and (5), 12(3), 14(3), 17(1) and (2).
SCHEDULE 9 Section 177
FORMAL AMENDMENTS OF DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973
The following provisions are amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”:—
Sections 23 (b), 25, 26 (2), 27 (1) (a) and (1) (c), 28, 31 (2), 37, 38, 39 (1), 68 (2) (c). Heading to Division 2 of Part IV.
SCHEDULE 10 Section 181
FORMAL AMENDMENTS OF WAR SERVICE ESTATES ACT 1942-1973
1. The following provisions are amended by omitting any number expressed in words that is used to identify a section of that Act and substituting that number expressed in figures:—
Sections 7(1)(c), 11.
2. The following provisions are amended by omitting the words “of this Act” (wherever occurring): —
Sections 7(1)(c), 11.
3. The following provision is amended by omitting the words “the pay of the Commonwealth” and substituting the words “the pay of Australia”:—
Section 4(1) (definition of “member”).
4. The following provisions are amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”:—
Sections 4(1) (definition of “war service estate”), 8, 9, 10(1), 12.
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