Defence Legislation Amendment Act 1984 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE AIR FORCE ACT 1923
3. Principal Act
4. Continuous full time service of the Air Force Emergency Force
5. Insertion of new section—
4ha. Service of the Air Force Emergency Force other than continuous full time service
6. Service of the Australian Air Force Reserve
7. Insertion of new section—
8a. Delegation
PART III—AMENDMENTS OF THE DEFENCE ACT 1903
8. Principal Act
9. Remuneration of chiefs of staff
TABLE OF
PROVISIONS—
Section
10. Service of the Permanent Military Forces
11. Calling out of the Regular Army Emergency Reserve for continuous full time military service
12. Direction by Chief of the General Staff
13. Insertion of new section—
48a. Service of the Regular Army Emergency Reserve other than continuous full time service
14. Service of the Australian Army Reserve
15. Service of Reserve Forces after call out
16. Insertion of new Division heading in Part 111A
17. Interpretation
18. Minister may make determinations
19. Insertion of new Divisions—
58f. Interpretation
58g. Establishment of Defence Force Remuneration Tribunal
58h. Functions and powers of Tribunal
58j. Reports by Tribunal
58k. Procedure of Tribunal
58l. Terms and tenure of office
58m. Resignation
58n. Termination of appointment
58p. Acting appointments
58q. Fees and allowances
58r. Interpretation
58s. Defence Force Advocate
58t. Functions of Advocate
58u. Tenure and terms of office
58v. Resignation
58w. Termination of appointment
58x. Acting Defence Force Advocate
58y. Fees and allowances
20. Unauthorized use or supply of uniforms and emblems
21. Delegation
22. Regulations
PART IV—AMENDMENTS OF THE DEFENCE FORCE DISCIPLINE ACT 1982
23. Principal Act
24. Interpretation
25. Further provision with respect to certain members of the Defence Force
26. Prisoners of war
27. Aiding enemy
28. Communication with enemy
29. Desertion
30. Person on guard or on watch
31. Loss of service property
32. Looting
33. Insertion of new Division
54a. Custodial offences
34. Authorized punishments
35. Scale of punishments
TABLE
OF PROVISIONS—
Section
36. Insertion of new sections—
68a. Scale of custodial punishments
68b. Disallowance, &c., of rules relating to certain punishments
68c. Custodial punishments may be imposed for certain non-custodial service offences
37. Sentencing principles
38. Restrictions on power to impose punishments
39. Concurrent or cumulative punishments
40. Revocation of suspension of punishment
41. Reparation orders
42. Summons and order in the nature of summons
43. Insertion of new section—
95a. Search of persons in custody in custodial facilities
44. Repeal of Part VI and substitution of new Part
PART VI—INVESTIGATION OF SERVICE OFFENCES
101. Interpretation
101a. Interpretation
101b. Investigating officer may question persons
101c. Investigating officers to inform persons of rights
101d. Persons to be charged or summoned to be given caution
101e. Access to legal practitioner
101f. Lists of legal officers
101g. Communication with relative or friend
101h. Treatment of persons in custody
101j. Admissibility of confessional evidence
101k. Admissibility of oral confessions
101l. Fingerprints, photographs, &c.
101m. Identification by means of photographs
101n. Identification parades
101p. Searches of arrested persons
101q. Medical examinations
101r. Application of Division
101s. Persons to be cautioned
101t. Questioning of persons charged with service offences
101u. Persons charged with same service offence
101v. Interpretation
101w. Search and seizure
101x. Search warrants
101y. Search warrants may be granted by telephone
101z. Searches in emergencies
101za. Consent to search
TABLE
OF PROVISIONS—
Section
101zb. Exclusion of evidence illegally obtained
101zc. Application of Part
45. Courses open to convening authority
46. Interpretation
47. Jurisdiction of subordinate summary authority
48. Dealing with a charge by superior summary authority
49. Dealing with a charge by commanding officer
50. Dealing with a charge by subordinate summary authority
51. Insertion of new section—
111a. Proceedings by way of dealing with a charge
52. Jurisdiction of court martial
53. Eligibility to be member of court martial
54. Jurisdiction and powers of Defence Force magistrate
55. Insertion of new section—
129a. Discontinuance of proceedings before Defence Force magistrate, &c.
56. Trial by summary authority
57. Insertion of new section—
130a. Special proceedings before examining officers
58. Insertion of new section—
131a. Reference of charge to convening authority
59. Trial by court martial
60. Determination of questions by court martial
61. Trial by Defence Force magistrate
62. Insertion of new section—
141a. Amendment of charges
63. Alternative offences
64. Insertion of new section—
145a. Notice of alibi
65. Rules of procedure
66. Review of action under Part IV
67. Punishments or orders not approved to be quashed or revoked
68. Warrants of commitment
69. Punishments and orders subject to approval
70. Repeal of section 178 and substitution of new Part
PART XA—DETAINEES AND DETENTION CENTRES
178. Interpretation
178a. Search of detainees
178b. Fingerprints, photographs, &c, of detainees
178c. Leave of absence of detainees
178d. Regulations relating to detention centres
71. Qualifications for appointment
72. Jurisdiction of civil courts in relation to offences
73. Persons found to be of unsound mind
74. Insertion of new section—
194a. Persons required as witnesses before service tribunals
75. Insertion of new sections—
196a. Annual report relating to Defence Force discipline law
196b. Independent review of Defence Force discipline law
76. Schedule 3
77. Insertion of Schedule
78. Schedule 6
TABLE
OF PROVISIONS—
Section
PART V—AMENDMENTS OF THE DEFENCE FORCE (MISCELLANEOUS PROVISIONS) ACT 1982
79. Principal Act
80. Repeal of section 45
81. Repeal of section 82
PART VI—AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973
82. Principal Act
83. Commutation of retirement pay
84. Rate of retirement pay applicable to certain existing contributors
85. Commutation of Class C invalidity pay
86. Rate of invalidity pay applicable to certain existing contributors
87. Increase in certain pension benefits
88. Regulations
89. Formal amendments
PART VII—AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948
90. Principal Act
91. Abolition of the Defence Forces Retirement Benefits Board
92. Invalidity benefits
93. Special invalidity benefit to members under 18 years of age
94. Category numbers of certain officers to be reduced
95. Formal amendments
PART VIII—AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1971
96. Principal Act
97. Persons who became contributors on or after 1 January 1970 and before commencement of Act
98. Persons who ceased to be contributors on or after 1 January 1970 and before commencement of Act
PART IX—AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS FUND (DISTRIBUTION OF SURPLUS TO PENSIONERS) ACT 1976
99. Principal Act
100. Interpretation
101. Allocation of amount to be distributed
102. Payments of amounts in respect of individual pensioners
PART X—AMENDMENTS OF THE NAVAL DEFENCE ACT 1910
103. Principal Act
104. Continuous full time service of the Naval Emergency Reserve Forces
105. Insertion of new section—
32aa. Service of the Naval Emergency Reserve Forces other than continuous full time service
106. Service of the Australian Naval Reserve
107. Delegation
PART XI—AMENDMENT OF THE DEFENCE AMENDMENT ACT 1979
108. Principal Act
109. Regulations
TABLE
OF PROVISIONS—
Section
PART XII—AMENDMENTS OF THE ROYAL AUSTRALIAN AIR FORCE VETERANS’ RESIDENCES ACT 1953
110. Principal Act
111. Powers of Trust
112. Repeal of sections 10 and 10A and substitution of new section—
10. Application of Division 3 of Part XI of Audit Act
PART XIII—AMENDMENTS OF THE SERVICES TRUST FUNDS ACT 1947
113. Principal Act
114. Repeal of sections 34 and 35 and substitution of new section—
34. Application of Division 3 of Part XI of Audit Act
PART XIV—AMENDMENT OF THE ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
115. Principal Act
116. Schedule 2
PART XV—AMENDMENTS OF THE TRANSFER OF PRISONERS ACT 1983
117. Principal Act
118. Interpretation
119. Return of prisoner for appeal purposes
PART XVI—MISCELLANEOUS
120. Amendments of Acts containing references to Chief of Defence Force Staff
121. Retiring age of officers on General List of Permanent Naval Forces after transfer from Instructor Branch
122. Transitional
SCHEDULE 1
SCHEDULE TO BE INSERTED IN THE DEFENCE FORCE DISCIPLINE ACT 1982
SCHEDULE 2
FORMAL AMENDMENTS TO THE DEFENCE FORCE RETIREMENT AND DEATH
BENEFITS ACT 1973
SCHEDULE 3
FORMAL AMENDMENTS TO THE DEFENCE FORCES RETIREMENT BENEFITS
ACT 1948
SCHEDULE 4
AMENDMENTS OF ACTS CONTAINING REFERENCES TO CHIEF OF DEFENCE
FORCE STAFF
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (1) “but are bound to render air-force service for such periods as are fixed by or in accordance with the regulations”; and
(b) by omitting from sub-sections (3), (6), (7) and (8) “prescribed authority” and substituting “Chief of the Air Staff’.
“4ha. (1) Where the Chief of the Air Staff is of the opinion that a particular member of the Air Force Emergency Force, or members within a particular class of members of that Force, should undergo a period of training, he may, by instrument in writing, require the member or members to render air-force service (other than continuous full time air-force service) for that purpose.
“(2) Subject to sub-section (3), while a member is required to render air-force service pursuant to sub-section (1), he is bound to render that service for such period or periods in a specified training period as the Chief of the Air Staff directs in the instrument requiring him to render air-force service.
“(3) The period or periods of service by a member specified in an instrument or instruments pursuant to sub-section (2) shall not, either continuously or in the aggregate, exceed 30 days in any training period.
“(4) A member of the Air Force Emergency Force may, at any time, voluntarily undertake to render air-force service (other than continuous full time air-force service) for a period specified by him, and, if that undertaking is accepted, he is bound to render air-force service in accordance with that undertaking or for such period or periods within that specified period as the Chief of the Air Staff directs.
“(5) In this section, ‘training period’, in relation to a member of the Air Force Emergency Force, means a period of 12 consecutive months commencing on the date of the member’s transfer or appointment to, or enlistment in, that Force or on an anniversary of that date, as the case requires.”.
“8A. (1) The Chief of the Air Staff may, by instrument in writing, delegate to an officer of the Air Force all or any of his powers under sections 4H, 4ha and 4J.
“(2) A delegation under this section may be made either generally or as otherwise provided in the instrument of delegation.
“(3) A power delegated under this section shall, when exercised by the delegate, be deemed, for the purposes of this Act, to have been exercised by the Chief of the Air Staff.
“(4) A delegation under this section does not prevent the exercise of a power by the Chief of the Air Staff.
“(5) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of Chief of the Air Staff.
“(6)
A document purporting to be a copy of an instrument of delegation under this
section and purporting to bear the signature, or a facsimile of the signature,
of the Chief of the Air Staff and an endorsement in writing that the delegation
is, or was on a specified date, in force, is, upon mere production in a court
or otherwise for any purpose arising under this Act,
(a) by omitting from sub-section (2) “, but are bound to render military service for such periods as are fixed by or in accordance with the regulations”; and
(b) by omitting from sub-section (4) “prescribed authority” and substituting “Chief of the General Staff’.
“48A. (1) Where the Chief of the General Staff is of the opinion that a particular member of the Regular Army Emergency Reserve, or members within a particular class of members of that force, should undergo a period of training, he may, by instrument in writing, require the member or members to render military service (other than continuous full time military service) for that purpose.
“(2) Subject to sub-section (3), while a member is required to render military service pursuant to sub-section (1), he is bound to render that service for such period or periods in a specified training period as the Chief of the General Staff directs in the instrument requiring him to render military service.
“(3) The period or periods of service by a member specified in an instrument or instruments pursuant to sub-section (2) shall not, either continuously or in the aggregate, exceed 30 days in any training period.
“(4) A member of the Regular Army Emergency Reserve may, at any time, voluntarily undertake to render military service (other than continuous full time military service) for a period specified by him, and, if that undertaking is accepted, he is bound to render military service in accordance with that undertaking or for such period or periods within that specified period as the Chief of the General Staff directs.
“(5) In this section, ‘training period’, in relation to a member of the Regular Army Emergency Reserve, means a period of 12 consecutive months commencing on the date of the member’s transfer or appointment to, or enlistment in, that force or on an anniversary of that date, as the case requires.”.
(a) by omitting “Part” and substituting “Division”;
(b) by omitting the definition of “cadet” and substituting the following definition:
“‘cadet’ means—
(a) an officer or cadet in the Australian Cadet Corps; or
(b) an officer, instructor or cadet in the Naval Reserve Cadets or the Air Training Corps,
and includes a person who has ceased to be a person referred to in paragraph (a) or (b), whether by reason of death or otherwise;”; and
(c) by omitting the definition of “member of the family” and substituting the following definition:
“‘member of the family’ includes—
(a) in relation to a member—a member of the household of the member and a dependant of the member; or
(b) in relation to a cadet—a member of the household of the cadet and a dependant of the cadet;”.
(a) by adding at the end of paragraph (1) (c) “or cadets”;
(b) by inserting in paragraph (1) (e) “or cadets” after “members” (first occurring);
(c) by omitting from paragraph (1) (e) “; and” and substituting “or cadets;”;
(d) by adding at the end of sub-section (1) the following paragraphs:
“(g) deductions from the remuneration of a member or cadet or from allowances or other pecuniary benefits referred to in paragraphs (b) and (c); and
(h) the meanings to be attributed to words and expressions used in existing determinations and future determinations made under this section, and the circumstances in which those meanings are to apply.”;
(e) by inserting after sub-section (1) the following sub-sections:
“(1A) A determination made under this section may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification—
(a) the provisions of any Act or of any regulations made under an Act or of any determination made under this section, section 58H of this Act or section 82D of the
Public Service Act 1922, as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the first-mentioned determination takes effect.
“(1b) A determination under this section may provide that, where an amount has been paid (whether before or after the commencement of this sub-section) to a member or cadet or to a member of the family of a member or cadet under the regulations or under a determination made under this section or under Division 2, the member or cadet or the member of the family of the member or cadet is required to pay to the Commonwealth an amount, not exceeding the first-mentioned amount, upon the occurrence of an event specified in the determination, and may provide for the manner of recovery of such an amount.”; and
(f) by omitting paragraphs (3) (b), (c) and (d) and substituting the following word and paragraph:
“or (b) the suspension, variation or cancellation of allotments of remuneration made by a member.”.
“58f. In this Division, unless the contrary intention appears—
‘Chairman’ means the Chairman of the Tribunal appointed under section 58G;
‘Commission’ means the Australian Conciliation and Arbitration Commission established by sub-section 6 (1) of the
Conciliation and Arbitration Act 1904 ;‘Defence Force Advocate’ means the Defence Force Advocate appointed under section 58S;
‘member of the Tribunal’ means a member of the Tribunal appointed under section 58G, and includes the Chairman;
‘presidential member of the Commission’ means the President of the Commission or a Deputy President of the Commission appointed under section 6 of the
Conciliation and Arbitration Act 1904 ;‘relevant allowances’, in relation to a member, means allowances by way of remuneration payable to the member and, without limiting the generality of the foregoing, includes any allowance payable to the member—
(a) in respect of the service of the member on a ship or aircraft;
(b) as general compensation for the disadvantages of rendering naval, military or air force service;
(c) in respect of particular skills or qualifications possessed by the member; or
(d) as compensation for the hazardous nature of the duties that the member is required to perform or for the conditions under which the member is required to perform his duties;
‘Remuneration Tribunal’ means the Remuneration Tribunal established by sub-section 4 (1) of the
Remuneration Tribunals Act 1973 ;‘salary’ includes pay;
‘Tribunal’ means the Defence Force Remuneration Tribunal established by section 58G.
“58g. (1) There is established by this section a Defence Force Remuneration Tribunal.
“(2) The Tribunal shall consist of—
(a) a Chairman;
(b) a person who is experienced in industrial relations matters; and
(c) a person who has been a member.
“(3) The members of the Tribunal shall be appointed by the Governor-General on a part-time basis.
“(4) The person appointed as Chairman shall be a presidential member of the Commission.
“(5) A person shall not be appointed as a member of the Tribunal if he has at any time during the 5 years preceding his appointment been a member.
“(6) The performance of the duties and functions and the exercise of the powers of the Tribunal are not affected by reason only of there being one vacancy in the membership of the Tribunal.
“58h. (1) The functions of the Tribunal are to inquire into and determine, in accordance with this section, the matters referred to in sub-section (2).
“(2) The Tribunal shall, as provided for by this section—
(a) inquire into and determine the salaries and relevant allowances to be paid to members; and
(b) inquire into and make determinations in respect of prescribed matters that have been referred to the Tribunal.
“(3) The Minister or, subject to sub-section (4), the Secretary or the Chief of the Defence Force may, by notice in writing given to the Chairman, refer a prescribed matter to the Tribunal.
“(4) The Secretary or the Chief of the Defence Force shall not, without the approval in writing of the Minister, refer a prescribed matter to the Tribunal pursuant to sub-section (3) if—
(a) at any time during the preceding 12 months, the Minister has made a determination under section 58b that relates, in whole or in part, to that matter; or
(b) the Secretary or the Chief of the Defence Force is aware that, at any time during the preceding 12 months, submissions have been made to the Minister requesting the Minister to make a determination that relates, in whole or in part, to that matter and the Minister has not made such a determination.
“(5) The Tribunal shall, within 2 years of the commencement of this section or within such shorter period as the Minister, by notice in writing given to the Chairman, determines, inquire into and make a determination in respect of the salaries and relevant allowances to be paid to members.
“(6) Where a determination of the Tribunal in respect of the salaries and relevant allowances to be paid to members is in force, the Tribunal shall inquire into and make a further determination in respect of those salaries and allowances—
(a) within 2 years of the first-mentioned determination taking effect; or
(b) if the Minister, by notice in writing given to the Chairman, requests the Tribunal to make a further determination in respect of those salaries and allowances within a shorter period of the first-mentioned determination taking effect—within that shorter period.
“(7) A determination of the Tribunal shall be in writing and shall take effect, or shall be deemed to have taken effect, on such day as the Tribunal specifies for the purpose in the determination.
“(8) The Tribunal shall not specify as the day on which a determination of the Tribunal takes effect a day earlier than the day on which the determination is made in any case where, if the determination so took effect—
(a) the rights of a person (other than the Commonwealth) which existed immediately before the last-mentioned day would be affected in a manner prejudicial to that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before that last-mentioned day,
and where, in a determination of the Tribunal, any provision is made in contravention of this sub-section, that provision shall be of no effect.
“(9) The Chairman shall give a copy of each determination made by the Tribunal to the Minister, to the Secretary and to the Chief of the Defence Force.
“(10) Where the Tribunal has made a determination (not being a determination made pursuant to sub-section (12)), the Minister, the Secretary or the Chief of the Defence Force may, by notice in writing given to the Chairman within 28 days of the determination being made, request the Tribunal to reconsider the determination.
“(11) A notice of request under sub-section (10) shall set out the grounds on which the reconsideration is being sought.
“(12) As soon as practicable after a request is made under sub-section (10) for reconsideration of a determination, the Tribunal shall reconsider the determination and shall make a further determination affirming, varying or replacing the first-mentioned determination.
“(13) The Minister shall cause a copy of each determination of the Tribunal to be laid before each House of the Parliament within 15 sitting days of that House after the determination is received by him.
“(14)
Any regulation made under this Act, the
“(15) In this section, ‘prescribed matter’ means a matter in relation to which the Minister may make determinations under section 58b, not being a matter referred to in paragraph (2) (a).
“58j. (1) The Minister may, by notice in writing given to the Chairman, request the Tribunal to inquire into and report to the Minister on a matter
specified in the notice, being a matter in relation to which the Tribunal may make a determination pursuant to section 58H.
“(2) When a request is made under sub-section (1), the Tribunal shall inquire into the matter concerned and give to the Minister a report in writing on that matter.
“58k. (1) The Chairman shall convene such meetings of the Tribunal as he considers necessary for the efficient performance of its functions.
“(2) Meetings of the Tribunal shall be held at such places as the Chairman determines.
“(3) The Chairman shall preside at all meetings of the Tribunal at which he is present.
“(4) If the Chairman is not present at a meeting of the Tribunal, another member of the Tribunal nominated by the Chairman shall preside at the meeting.
“(5) The Tribunal shall keep records of its meetings.
“(6) At a meeting of the Tribunal—
(a) 2 members of the Tribunal constitute a quorum;
(b) all questions shall be decided by a majority of votes of the members of the Tribunal present and voting; and
(c) the member of the Tribunal presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
“(7) The Tribunal shall, in making a determination, have regard to any decision of, or principles established by, the Commission that is or are, in the opinion of the Tribunal, relevant to the making of that determination.
“(8) In the performance of the functions of the Tribunal—
(a) the Tribunal may regulate the conduct of its proceedings as it thinks fit and is not bound to act in a formal manner; and
(b) the Tribunal may inform itself on any matter in such manner as it thinks fit and is not bound by the rules of evidence.
“(9) The Defence Force Advocate and a person representing the Commonwealth are entitled to be present, and to make submissions to the Tribunal, during any proceedings before the Tribunal.
“58l. (1) Subject to this Division, a member of the Tribunal holds office for 5 years, but is eligible for re-appointment.
“(2) A person shall not continue to hold office as a member of the Tribunal if—
(a) he becomes a member of the Defence Force;
(b) he becomes the Defence Force Advocate; or
(c) in the case of the Chairman, he ceases to be a presidential member of the Commission.
“58m. A member of the Tribunal may resign his office by writing signed by him and delivered to the Governor-General.
“58n. The Governor-General may terminate the appointment of a member of the Tribunal by reason of misbehaviour or physical or mental incapacity.
“58p. (1) The Minister may appoint a person to act as a member (including the Chairman) of the Tribunal—
(a) during a vacancy in the office of that member; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that, in the case of a member not being the Chairman, he is acting as Chairman), unable to perform the duties of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) While a person is acting as Chairman or as a member of the Tribunal other than the Chairman, he has and may exercise all the powers, and shall perform all the functions, of the Chairman or that member, as the case may be.
“(3) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(4) The Minister may—
(a) determine the terms and conditions of appointment, including fees and allowances, of a person acting as a member of the Tribunal; and
(b) terminate such an appointment at any time.
“(5) Where a person is acting as a member of the Tribunal in accordance with paragraph (1) (b) and that office becomes vacant while that person is so acting, then, subject to sub-section (3), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(6) The appointment of a person to act as a member of the Tribunal ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.
“(7) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his
appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
“(8) A reference in section 58H, 58J or 58K to the Chairman or to a member of the Tribunal shall be read as including a reference to a person acting as the Chairman or as a member of the Tribunal, as the case may be.
“58q. (1) A member of the Tribunal shall be paid such fees and allowances as the Remuneration Tribunal determines.
“(2) The appointment of the holder of a prescribed office as a member of the Tribunal, or service by the holder of a prescribed office as such a member, does not affect his tenure of that prescribed office or his rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that prescribed office and, for all purposes, his service as a member of the Tribunal shall be taken to be service as the holder of the prescribed office.
“(3)
This section has effect subject to the
“(4)
In this section, ‘prescribed office’ means an office, appointment or other
employment which is referred to in sub-section 7 (11) of the
“58r. In this Division, unless the contrary intention appears—.
‘Advocate’ means the Defence Force Advocate appointed under section 58S;
‘Remuneration Tribunal’ means the Remuneration Tribunal established by sub-section 4 (1) of the Remuneration Tribunals Act 1973;
‘Tribunal’ means the Defence Force Remuneration Tribunal established by section 58G.
“58s. (1) There shall be a Defence Force Advocate, who shall be appointed by the Minister on a part-time basis.
“(2) The person appointed as the Advocate shall be a person who—
(a) is experienced in industrial relations matters; and
(b) has a knowledge of the nature of service in the Defence Force.
“(3) In making an appointment under sub-section (1), the Minister shall have regard to any recommendations made by the Chief of the Defence Force.
“58t. The functions of the Advocate are—
(a) to advise the Chief of the Defence Force in relation to matters that have been, or may be, referred to the Tribunal by the Chief of the Defence Force pursuant to sub-section 58H (3);
(b) to prepare submissions to be made to the Tribunal on behalf of the Defence Force concerning any matter that is being considered by the Tribunal; and
(c) to represent the Defence Force in proceedings before the Tribunal.
“58u. (1) Subject to this Division, the Advocate holds office for 3 years, but is eligible for re-appointment.
“(2) A person shall not continue to hold the office of Advocate if he becomes a member of the Tribunal.
“58v. The Advocate may resign his office by writing signed by him and delivered to the Minister.
“58w. The Minister may terminate the appointment of the Advocate by reason of misbehaviour or physical or mental incapacity.
“58x. (1) The Minister may appoint a person to act as the Advocate—
(a) during a vacancy in the office of the Advocate; or
(b) during any period, or during all periods, when the Advocate is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) While a person is acting as the Advocate, he has and may exercise all the powers, and shall perform all the functions, of the Advocate.
“(3) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(4) The Minister may—
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Advocate; and
(b) terminate such an appointment at any time.
“(5) Where a person is acting as the Advocate in accordance with paragraph (1) (b) and the office becomes vacant while that person is so acting,
then, subject to sub-section (3), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(6) The appointment of a person to act as the Advocate ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.
“(7) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
“58y. (1) The Defence Force Advocate shall be paid such fees and allowances as the Remuneration Tribunal determines.
“(2)
This section has effect subject to the
(a) by omitting from sub-section (4) “and 44” and substituting “, 44, 45, 48, 48A, 50 and 50B”; and
(b) by inserting after sub-section (4) the following sub-sections:
“(4a) The Chief of Naval Staff may, by instrument in writing, delegate to an officer of the Navy his powers under section 50B.
“(4B) The Chief of the Air Staff may, by instrument in writing, delegate to an officer of the Air Force his powers under section 50B.”.
(a) by omitting paragraph (1) (v); and
(b) by inserting after sub-section (1) the following sub-section:
“(1a) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, the provisions of a determination, as in force at a particular time or as in force from time to time, made under section 58b or 58h of this Act or under section 82d of the
Public Service Act 1922.”.
(a) by omitting “Chief of Defence Force Staff” from the definition of “chief of staff” in sub-section (1) and substituting “Chief of the Defence Force”;
(b) by inserting after the definition of “convicted person” in sub-section (1) the following definitions:
“‘custodial offence’ means—
(a) an offence against sub-section 54A (1) or (2); or
(b) an offence that—
(i) is an ancillary offence in relation to an offence against sub-section 54a (1) or (2); and
(ii) was committed by a person at a time when he was a detainee;
“‘custodial punishment’ means a punishment of a kind referred to in sub-section 68a (1);”;
(c) by omitting from sub-section (1) the definitions of “detainee”, “detention centre” and “document” and substituting the following definitions:
“‘detainee’ means a person who is undergoing a punishment of detention in a detention centre;
“‘detention centre’ means a place, not being a prison, that is operated by the Defence Force as a place for the detention of persons on whom punishments of detention have been imposed;”;
(d) by omitting paragraph (c) of the definition of “general order” in sub-section (1) and substituting the following paragraph:
“(c) a general, standing, routine or daily order in force with respect to a part of the Defence Force;”;
(e) by omitting “or a barrister and solicitor” from the definition of “legal practitioner” in sub-section (1) and substituting “, a barrister and solicitor or a legal practitioner”;
(f) by inserting after the definition of “legal practitioner” in sub-section (1) the following definition:
“‘medical practitioner’ means a person who is registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;”;
(g) by omitting from paragraph (a) of the definition of “Territory offence” in sub-section (1) all the words after “other” and substituting “than this Act or the regulations”; and
(h) by adding at the end thereof the following sub-sections:
“(16) Where—
(a) a detainee is granted leave of absence from a detention centre; and
(b) the detainee refuses or fails to return to the detention centre before the end of the leave of absence,
the detainee shall be taken, for the purposes of this Act, to have escaped from custody and from the detention centre.
“(17) A reference in a provision of this Act to the officer in charge of a detention centre is a reference to the officer who is responsible for the administration of the detention centre, and includes a reference to a member of the Defence Force, or to a member of the Defence Force included in a class of members of the Defence Force, authorized by a commanding officer, in writing, for the purposes of the provision in relation to the detention centre.
“(18) The provisions of this Act in so far as they protect the individual are in addition to, and not in derogation of, any rights and freedoms of the individual, whether under the law of the Commonwealth or of a State or Territory, and this Act is not intended to exclude or limit the operation of any law of the Commonwealth or of a State or Territory providing for those rights and freedoms in so far as it is capable of operating concurrently with this Act.”.
(a) by omitting paragraph (1) (d);
(b) by inserting in paragraph (2) (b) “or sub-section 68 (1) or 68a (1)” after “this section”; and
(c) by adding at the end thereof the following sub-section:
“(3) Regulations made by virtue of sub-section (2) shall not modify a provision of this Act so as to increase the severity of the punishment provided by this Act for a service offence.”.
(a) by inserting in paragraph (2) (b) “or sub-section 68 (1) or 68a (1)” after “this section”; and
(b) by inserting after sub-section (2) the following sub-section:
“(2a) Regulations made by virtue of sub-section (2) shall not modify a provision of this Act so as to increase the severity of the punishment provided by this Act for a service offence.”.
“(a) while on active service or having been warned for active service, with intent to avoid that service, departs from, or does not attend at, his place of duty without leave; or
(b) while absent without leave, manifests by his behaviour an intent to avoid active service,”.
“(a) takes any property that has been left exposed or unprotected;
(b) takes any property from the body of a person who has been killed or from a person who has been wounded, injured or captured; or
(c) takes any vehicle, equipment or stores captured from or abandoned by the enemy,”.
“54a. (1) A detainee who—
(a) makes any unnecessary noise;
(b) commits a nuisance;
(c) is idle, careless or negligent at work;
(d) without lawful authority, converses or otherwise communicates with another person (whether or not a detainee);
(e) without lawful authority, gives any thing to, or receives any thing from, another person (whether or not a detainee);
(f) without lawful authority, has in his possession any thing; or
(g) without lawful authority, enters or leaves his cell,
is guilty of an offence.
“(2) A detainee who, while on leave of absence from a detention centre, refuses or fails to comply with a condition of the grant of the leave of absence is guilty of an offence.
“(3) It is a defence if a person charged with a custodial offence had a reasonable excuse for engaging in the behaviour to which the charge relates.
“(4) The maximum punishment for a custodial offence is segregated confinement for 10 days.
“(5) Sub-section (4) has effect notwithstanding anything contained in section 64.
“(6) Where—
(a) a person (not being a detainee) commits an offence against sub-section (1) or (2) of this section by virtue of section 5 of the
Crimes Act 1914; or(b) a person commits an offence against section 73 of the
Defence Act 1903 that relates to an offence against sub-section (1) or (2) of this section,
section 5
of the
(a) by omitting from sub-section (1) “The only” and substituting “Subject to sections 68A and 68C, the only”; and
(b) by omitting from sub-section (2) “The regulations may make provision” and substituting “A chief of staff may, by instrument in writing, make rules”.
“68a. (1) The only punishments that may be imposed by a service tribunal on a person convicted of a custodial offence are, in decreasing order of severity, as follows:
(a) segregated confinement for a period not exceeding 10 days;
(b) confinement to cell for a period not exceeding 10 days;
(c) extra drill for a period not exceeding 6 days;
(d) restriction of custodial privileges for a period not exceeding 14 days.
“(2) A chief of staff may, by instrument in writing, make rules with respect to the consequences, in relation to a detainee, that are to flow from the imposition by a service tribunal on that detainee of any custodial punishment.
“(3) The officer in charge of a detention centre in which a detainee subject to a custodial punishment is undergoing a punishment of detention may moderate the consequences of the custodial punishment in relation to the detainee in such manner as the officer thinks appropriate having regard to the particular circumstances of the case and to any directions, in writing, of a chief of staff.
“68b. Sections 48, 49 and 50 of the
“68c. (1) Subject to sub-section 71 (4), where a person is convicted of a service offence to which this sub-section applies, a service tribunal may, in lieu of imposing a punishment of a kind referred to in sub-section 68 (1), impose a custodial punishment on the person in respect of the conviction.
“(2) Sub-section (1) applies to a service offence that—
(a) is—
(i) an offence against section 23, 25, 26, 27, 29, 33, 43, 51 or 60; or
(ii) an offence that is an ancillary offence in relation to an offence referred to in sub-paragraph (i); and
(b) was committed by a person at a time when he was a detainee.”.
“(5) In the application of paragraph (2) (d) to a convicted person who is not a detainee, a conviction of the person by a summary authority that resulted
in the imposition of a custodial punishment on the person shall be disregarded.”.
(a) by omitting from sub-section (1) “or another conviction”; and
(b) by adding at the end thereof the following sub-sections:
“(4) A service tribunal shall not impose a custodial punishment on a person who is not a detainee.
“(5) A custodial punishment imposed on a detainee shall not extend beyond the period during which the detainee is undergoing a punishment of detention in a detention centre.”.
(a) by adding at the end of sub-section (1) the following paragraphs:
“(f) segregated confinement;
(g) confinement to cell;
(h) extra drill;
(j) restriction of custodial privileges.”;
(b) by inserting in sub-section (4) “all or any of after “tribunal may order that”;
(c) by inserting after sub-section (4) the following sub-sections:
“(4A) Subject to this section, where—
(a) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (being a punishment that is suspended) and, on that conviction—
(i) recommends to a reviewing authority, under sub-section 80 (3), that the suspension be revoked by the reviewing authority; and
(ii) imposes another prescribed punishment; and
(b) the reviewing authority revokes the suspension under sub-section 80 (4),
the punishments so imposed (including the punishment the suspension of which is revoked) shall be concurrent.
“(4b) Subject to sub-section (5), where—
(a) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (being a punishment that is suspended) and, on that conviction—
(i) recommends to a reviewing authority, under sub-section 80 (3), that the suspension be revoked by the reviewing authority;
(ii) imposes another prescribed punishment that is of the same kind as the suspended punishment; and
(iii) recommends to the reviewing authority that the punishments be made cumulative; and
(b) the reviewing authority revokes the suspension under sub-section 80 (4),
the reviewing authority may order that the punishments so imposed (including the punishment the suspension of which is revoked) shall be cumulative.”; and
(d) by inserting in sub-section (5) “or a reviewing authority that has revoked a suspension of a punishment on the recommendation of a service tribunal” after “service tribunal”.
“(2) The amount or the sum of the amounts that a convicted person may be ordered to pay by a service tribunal under this section shall not exceed—
(a) in a case where—
(i) the service tribunal is a summary authority; and
(ii) the convicted person is a member of the Defence Force, the amount of the convicted person’s pay for 14 days; or
(b) in any other case—5 times the maximum fine that the service tribunal could impose on the convicted person.”.
“95a. (1) Where—
(a) a person (in this section referred to as the ‘accused person’) is in custody on a charge in a custodial facility; and
(b) an authorized person in relation to the custodial facility believes that it is necessary to do so for the purpose of ascertaining whether there is concealed on the accused person or in his clothing—
(i) a weapon or other thing capable of being used to—
(a) inflict death or bodily injury; or
(B) assist him to escape from custody; or
(ii) any thing that is likely to affect the security or discipline of the custodial facility,
the authorized person may direct an authorized member in relation to the custodial facility to search the accused person and the clothing that the accused person is wearing.
“(2) The search shall be conducted in accordance with the following provisions:
(a) the search shall be conducted in the presence of at least 2 other persons who are authorized persons, or authorized members, in relation to the custodial facility;
(b) the search shall not be conducted in the presence of a person who is not an authorized person, or an authorized member, in relation to the custodial facility;
(c) the accused person shall not be searched by, or in presence of, a person who is not of the same sex as the accused person.
“(3) The authorized member directed to conduct the search may—
(a) require the accused person to remove any clothing that the accused person is wearing;
(b) if the accused person refuses or fails to comply with such a requirement—remove the clothing;
(c) use such reasonable force as is necessary to conduct the search; and
(d) seize any weapon or thing of a kind referred to in paragraph (1) (b) found as in the course of the search.
“(4) In this section—
‘authorized member’, in relation to a custodial facility, means a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, appointed by a commanding officer, in writing, to be an authorized member or authorized members, as the case may be, in relation to the custodial facility;
‘authorized person’, in relation to a custodial facility, means a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, appointed by a commanding officer, in writing, to be an authorized person or authorized persons, as the case may be, in relation to the custodial facility;
‘custodial facility’ means a place or facility—
(a) under the control of the Defence Force; and
(b) at or in which a person in custody on a charge is detained.”.
“101. (1) In this Part, unless the contrary intention appears—
‘confession’ includes any admission or incriminating statement;
‘interview’, in relation to a person, includes asking the person questions in the course of investigating a service offence;
‘investigating officer’ means—
(a) a service policeman; or
(b) an officer, warrant officer or non-commissioned officer (not being a service policeman) engaged in the investigation of a service offence;
‘relevant act’, in relation to a service offence, means—
(a) an act or omission that constituted, or was done or omitted to be done, as the case requires, in connection with, the commission of the service offence; or
(b) an act or omission believed by an investigating officer investigating the service offence to have constituted, or to have been done or omitted to have been done, as the case requires, in connection with, the commission of the service offence;
‘relevant person’, in relation to a relevant act, means a person who was seen by another person doing or omitting to do, as the case requires, the relevant act;
‘serious service offence’ means a service offence punishable by a maximum punishment, or a fixed punishment, of imprisonment for life or a period exceeding 6 months;
‘suspect’, in relation to a relevant act, means a person whom an investigating officer investigating the service offence in relation to the relevant act believes may be a person who did or omitted to do, as the case requires, the relevant act;
‘telephone’ includes telex, radio or similar facilities;
‘witness’, in relation to a relevant act, means a person who saw another person doing or omitting to do, as the case requires, the relevant act.
“(2) For the purposes of this Part, a person is in custody in respect of a service offence if he is being detained as a person charged with the service offence or as a person arrested for, but not yet charged with, the service offence.
“(3) If a person is not in custody in respect of a particular service offence (in this sub-section referred to as ‘the relevant service offence’), but—
(a) is in custody, or is undergoing detention or imprisonment, in respect of another service offence or is in custody for another reason; or
(b) in connection with the investigation of the relevant service offence, is in the company of an investigating officer,
and an investigating officer concerned in the investigation of the relevant service offence—
(c) in the case of a person to whom paragraph (a) applies—has come to the belief, or has given the person reasonable grounds for believing that he has come to the belief, that it is probable that the person committed the relevant service offence; or
(d) in the case of a person to whom paragraph (b) applies—would not allow the person to leave, or has given the person reasonable grounds for believing that he would not be allowed to leave, if he wished to do so,
then, unless the contrary intention appears, the provisions of this Part have effect as if the person were in custody in respect of the relevant service offence.
“(4) Unless the contrary intention appears, a reference in this Part to custody includes a reference to custody that was unlawfully commenced or is being unlawfully continued.
“(5) Unless the contrary intention appears, a reference in this Part to a service offence includes a reference to a service offence that an investigating officer has reasonable grounds for believing is being, has been, or will be committed.
“(6) Without prejudice to the interpretation of a provision of this Act (other than a provision of this Part)—
(a) it is the duty of an investigating officer to comply with the provisions of this Part in exercising his powers, or performing his duties, as an investigating officer; and
(b) where an investigating officer contravenes a provision of this Part that is applicable to him—the contravention is not punishable as a service offence unless a penalty is provided by this Act or the regulations in respect of the contravention.
“(7) Nothing in sub-section (6) shall be taken to affect—
(a) the operation of any provision of this Act or the regulations relating to the exclusion of evidence; or
(b) any civil proceedings.
“101a. Where the investigating officer in charge of investigating a service offence has grounds for believing that a person who is in custody in respect of
the service offence has committed another service offence, the person shall, for the purposes of this Division, be deemed to be in custody in respect of both of the service offences.
“101b. (1) Where an investigating officer who is investigating a service offence believes that a person (including a person believed by the investigating officer to have committed the service offence) may be able to furnish information that may assist the investigating officer in his investigation of the service offence, the investigating officer may, subject to this Part, ask the person questions relevant to his investigation of the service offence.
“(2) A person who is asked a question by an investigating officer under sub-section (1) is not required to answer the question.
“101c. (1) Where a person is in custody, an investigating officer shall not ask him any questions or ask him to do any thing, for a purpose connected with the investigation of a service offence, unless the investigating officer has told him his name and rank.
“(2) Where, at or after the time when a person comes into custody in respect of a service offence, an interview of the person in connection with the service offence is being conducted by an investigating officer, the investigating officer shall not—
(a) ask him any questions, or ask him to do any thing, for a purpose connected with the investigation of the service offence; or
(b) cause or permit another person to ask him any questions, or ask him to do any thing, for a purpose connected with the investigation of the service offence,
unless an investigating officer has, at or since the commencement of the interview—
(c) cautioned the person in the manner described in sub-section 101d (2); or
(d) informed the person, or caused the person to be informed, in a language in which the person is reasonably fluent, of the matters referred to in sub-paragraphs 101d (2) (a) (i), (ii) and (iii).
“(3) Sub-section (2) does not apply in relation to asking a person to take part in an identification parade conducted in accordance with section 101n.
“101d. (1) After an investigating officer has decided to charge a person with a service offence, to seek the issue of a summons against a person for a service offence or to recommend that a person be so charged or that a summons be so sought—
(a) an investigating officer shall not ask the person any question, or request the person to do any thing, for a purpose connected with the
investigation of the service offence unless an investigating officer has, at or since the commencement of the interview in which the question is asked or the request is made, cautioned the person in the manner described in sub-section (2); and
(b) the investigating officer who made the decision shall take reasonable steps to ensure that other investigating officers comply with paragraph (a).
“(2) The caution shall be given to a person in the following manner:
(a) by handing him a document, in accordance with the prescribed form and written in a language in which the person is reasonably fluent, informing him to the following effect:
(i) that he is not obliged to, but may if he wishes, answer any questions, or do any thing, asked of him by an investigating officer and that anything said or done by him may be used in evidence;
(ii) that he may communicate with a legal practitioner and have, as provided by this Part, the assistance of a legal practitioner while he is being questioned;
(iii) that he may, as provided by this Part, communicate with a relative or friend; and
(b) by reading a copy of the document, or causing a copy of the document to be read, to him in the language in which it is written, unless it is impracticable for the document to be so read to him.
“(3) Sub-section (1) does not apply in relation to asking a person to take part in an identification parade conducted in accordance with section 101N.
“101e. (1) In this section, ‘investigative action’, in relation to a person who is in custody in respect of a service offence, means action taken in the presence of the person for a purpose connected with the investigation of the service offence, and includes asking the person questions or further questions for such a purpose.
“(2) Where an investigating officer concerned in the investigation of a service offence—
(a) is informed by a person who is in custody in respect of the service offence that he wishes to consult a legal practitioner; or
(b) has reasonable grounds for believing that a person who is in custody in respect of the service offence wishes to consult a legal practitioner,
the investigating officer—
(c) shall forthwith, but after complying with sub-section 101F (3) (if applicable), cause reasonable facilities to be provided to enable the person to communicate with a legal practitioner of his choice and to arrange for a legal practitioner of his choice to be present while any
investigative action is being taken by an investigating officer in relation to the person; and
(d) shall not take, and shall not cause or permit another person to take, any investigative action in relation to the person until the person has had a reasonable opportunity to communicate with a legal practitioner of his choice.
“(3) Where a person who is in custody in respect of a service offence arranges for a legal practitioner to be present while investigative action is being taken by an investigating officer in relation to him, no such action shall be taken by an investigating officer until the legal practitioner has arrived, or a period that is reasonable in the circumstances has been allowed for his arrival, unless the investigating officer has reasonable grounds for believing that it is necessary to take the investigative action without delay in order to—
(a) avoid danger of the death of, or serious injury to, any person;
(b) avoid serious damage to property; or
(c) prevent concealment, loss or destruction of evidence of, or relating to, the service offence.
“(4) Where a legal practitioner attends to consult with a person who is in custody in respect of a service offence, or to be present while investigative action is being taken by an investigating officer in relation to a person who is in custody in respect of a service offence—
(a) reasonable facilities shall be made available to enable the legal practitioner to consult with and advise the person without being overheard;
(b) no investigative action shall be taken by an investigating officer in relation to the person until the legal practitioner has had a reasonable opportunity to consult with and advise the person;
(c) the legal practitioner is entitled to be present while any investigative action is being taken by an investigating officer in relation to the person and to give advice to the person on any matter on which his advice is sought by the person, but only while he does not otherwise interfere with the taking of the investigative action; and
(d) if the legal practitioner is a legal officer—the legal officer shall consult with and advise the person without expense to the person.
“(5) Where an investigating officer gives a person who is not in custody in respect of a service offence a caution of a kind referred to in sub-section 101C (2) before he commences to interview the person or during an interview with the person, the preceding sub-sections of this section apply as if the person were in custody in respect of the service offence during the period commencing when the caution is given and ending when the interview terminates or the person comes into such custody, whichever first occurs.
“(6) The requirements of this section apply only if, and to the extent that, the exigencies of service permit.
“101f. (1) In this section, ‘prescribed place’ means a place prescribed for the purposes of this section.
“(2) Subject to and in accordance with the regulations, the Judge Advocate General shall establish and, so far as it is reasonably practicable to do so, update at such intervals as the Judge Advocate General thinks appropriate, a list, in relation to each prescribed place, of the names of legal officers who are willing to assist persons who are in custody at, or in the vicinity of, the prescribed place.
“(3) Where a person is in custody in respect of a service offence at, or in the vicinity of, a prescribed place, an investigating officer shall furnish to the person a copy of the list of the names of legal officers kept in relation to the prescribed place if—
(a) the person, to the knowledge of the investigating officer, seeks to communicate, but is unable to communicate, with a legal practitioner of his choice; or
(b) the investigating officer has reasonable grounds for believing that the person wishes to communicate with a legal practitioner but does not know of a legal practitioner whom he could consult.
“(4) The requirements of sub-section (3) apply only if, and to the extent that, the exigencies of service permit.
“(5) A reference in this section to a person in custody in respect of a service offence shall be read—
(a) as not including a reference to a person who is undergoing a punishment of detention or imprisonment in respect of the service offence or is in custody under sub-section 172 (3a), (4) or (5) in respect of the service offence; and
(b) as including a reference to a person (other than a person referred to in paragraph (a)) who is being, or will be, interviewed by an investigating officer in connection with the investigation of the service offence and has been given a caution of a kind referred to in sub-section 101c (2).
“101g. (1) Subject to sub-section (2), where an investigating officer—
(a) is informed by a person who is in custody in respect of a service offence that he wishes to communicate with a relative or friend; or
(b) has reasonable grounds for believing that a person who is in custody in respect of a service offence wishes to communicate with a relative or friend,
the investigating officer shall, as soon as practicable, cause reasonable facilities to be provided to enable the person to communicate with a relative or friend of his choice.
“(2) An investigating officer is not required to comply with sub-section (1) in respect of a person who is in custody in respect of a service offence if the
investigating officer believes on reasonable grounds that the non-compliance is necessary for the purpose of preventing—
(a) the escape of an accomplice;
(b) the concealment, loss, destruction or fabrication of evidence of, or relating to, the service offence; or
(c) the intimidation of a witness.
“(3) The requirements of sub-section (1) apply only if, and to the extent that, the exigencies of service permit.
“(4) A reference in this section to a person who is in custody in respect of a service offence shall be read—
(a) as not including a reference to a person who is undergoing a punishment of detention or imprisonment in respect of the service offence or is in custody under sub-section 172 (3A), (4) or (5) in respect of the service offence; and
(b) as including a reference to a person (other than a person referred to in paragraph (a)) who is being, or will be, interviewed by an investigating officer in connection with the investigation of the service offence and has been given a caution of a kind referred to in sub-section 101C (2).
“101h. (1) A person shall, while in custody in respect of a service offence, be treated with humanity and with respect for human dignity.
“(2) A person shall not, while in custody in respect of a service offence, be subjected to cruel, inhuman or degrading treatment.
“(3) Where a member of the Defence Force responsible for the custody of a person—
(a) is informed by the person that he wishes to be provided with medical treatment in respect of illness or an injury; or
(b) has reasonable grounds for believing that the person wishes to be provided with, or requires, medical treatment in respect of illness or an injury,
the member of the Defence Force shall, forthwith, take such reasonable action as is necessary to provide the person with medical treatment.
“(4) Where a person is in custody in respect of a service offence, the investigating officer in charge of investigating the service offence shall take all reasonable steps to ensure that the person is provided with reasonable refreshments and reasonable access to toilet facilities.
“(5) Where a person who is in custody in respect of a service offence is to be brought before a service tribunal while still in custody, the investigating officer in charge of investigating the service offence shall take all reasonable steps to ensure that the person is provided with facilities to wash or shower, and with the opportunity to obtain, and change into, other clothes, before he is brought before the service tribunal.
“(6) Where an investigating officer has reasonable grounds for believing that a person in custody is unable, by reason of inadequate knowledge of the English language or any physical disability, to communicate orally with reasonable fluency in the English language, the investigating officer shall not ask the person any questions in connection with the investigation of a service offence unless—
(a) a person competent to act as interpreter is present and acts as interpreter during the questioning;
(b) the investigating officer questions the person in a language in which both he and the person are able to communicate with reasonable fluency, or by any other means by which he and the person are able to communicate with reasonable proficiency; or
(c) he has reasonable grounds for believing that it is necessary to question the person otherwise than in accordance with paragraph (a) or (b) without delay in order to avoid danger of the death of, or serious injury to, any person or serious damage to property.
“(7) The provisions of sub-section (1) or (2) shall not be taken to be contravened by the taking of any action by an investigating officer in accordance with section 101L or by the taking of necessary custodial measures.
“101j. (1) Evidence of a confession made by a person in the presence of an investigating officer is not admissible in proceedings against the person for a service offence unless the service tribunal, or, in the case of a court martial, the judge advocate of the court martial, is satisfied that the confession was made voluntarily.
“(2) For the purposes of sub-section (1), a confession that is obtained from a person in consequence of—
(a) the use of physical violence, or a threat of physical violence, to any person; or
(b) the making of a promise, threat or other inducement (not being physical violence or a threat of physical violence) likely to cause the person to make a confession that is untrue,
shall be deemed not to be made voluntarily.
“101k. (1) Subject to sub-section (10), in proceedings against a person (in this section referred to as the ‘accused’) before a service tribunal in respect of a serious service offence, evidence by an investigating officer of a confession made by the accused in his presence, after the proclaimed date, is not admissible on behalf of the prosecution unless the requirements of sub-section (2), (3) or (4) are complied with in respect of the interview during which the confession is alleged to have been made.
“(2) This sub-section is complied with in respect of an interview—
(a) if 2 sound recordings of everything said by and to the accused during the interview are made by the one multiple sound recording apparatus; or
(b) where a multiple sound recording apparatus is not available at the place of interview for use by the investigating officer conducting the interview—if one sound recording of everything said by and to the accused during the interview is made by a sound recording apparatus and a copy of the sound recording is made as soon as practicable thereafter,
and the requirements of sub-sections (5) and (6) are observed in respect of the sound recordings.
“(3) This sub-section is complied with in respect of an interview if, at the time of the interview or as soon as practicable thereafter, a record in writing is made, either in English or in another language used by the accused during the interview, of everything said by and to the accused during the interview and—
(a) the record, with or without alteration, is acknowledged, in writing in the prescribed manner, by the accused to be a full and correct record and a copy of the record as so acknowledged is given to him; and
(b) if the language used by the accused during the interview is a language other than English but the record is made in English—the record is read to the accused, in the language used by him during the interview, before he so acknowledges it.
“(4) This sub-section is complied with in respect of an interview if—
(a) at the time of the interview or as soon as practicable thereafter, a record in writing is made, either in English or in another language used by the accused during the interview, of everything said by and to the accused during the interview;
(b) as soon as practicable after the record is made, the record is read to the accused in the language used by him during the interview and a copy of the record is given to him;
(c) the accused is given the opportunity to interrupt the reading at any time for the purpose of drawing attention to any error or omission that he claims has been made in or from the record and, at the end of the reading, the accused is given the opportunity of stating whether he claims that there are any errors in or omissions from the record, in addition to any to which he has drawn attention during the reading;
(d) either—
(i) 2 sound recordings are made by the one multiple sound recording apparatus of the reading referred to in paragraph (b) and of everything said by and to the accused as a result of compliance with paragraph (c) and the requirements of sub-sections (5) and (6) are observed in respect of the sound recordings; or
(ii) an appropriate witness is present when the requirements of paragraphs (b) and (c) are complied with and—
(A) a record in writing is made of everything said by and to the accused as a result of compliance with paragraph (c) while it is being said or as soon as practicable thereafter; and
(B) the appropriate witness signs a certificate in the prescribed form certifying that paragraphs (b) and (c) were complied with in his presence and that the record is a full and correct record; and
(e) before conducting the reading referred to in paragraph (b), an explanation, in accordance with the prescribed form, is given to the accused of the procedure that will be followed for the purpose of compliance with that paragraph and paragraphs (c) and (d).
“(5) Where 2 sound recordings are made as referred to in paragraph (2) (a) or sub-paragraph (4) (d) (i), the investigating officer in charge of the making of the sound recordings shall—
(a) hand one of the sound recordings to the accused;
(b) inform the accused that the other sound recording will be retained by the Defence Force and may be used in evidence; and
(c) advise the accused to make arrangements for the safe-keeping of the sound recording handed to him so that it will be available for comparison with the sound recording retained by the Defence Force and, if requested to do so by the accused, afford the accused an opportunity of making arrangements for the safe-keeping of the sound recording on his behalf.
“(6) Where a sound recording has been handed to a person in accordance with sub-section (5), the investigating officer in charge of the investigation shall, upon request, provide, as soon as practicable, reasonable facilities to the accused or his legal practitioner to enable the sound recording to be reproduced in sound.
“fifty-four or seventy-one of this Act” | “54 or 71” | |
Paragraph 82g (5) (d)....... | “fifty-three of this Act” | “53” |
Paragraph 82g (6) (a)....... | “fifty-one of this Act” | “51” |
Paragraph 82g (6) (b)....... | “fifty-four or seventy-one of this Act” | “54 or 71” |
Paragraph 82g (6) (c)....... | “neither of the last two preceding sub-sections” | “sub-section (4) or (5) does not” |
Paragraph 82g (6) (d)....... | “fifty-three of this Act” | “53” |
Paragraph 82g (7) (a)....... | “fifty-one of this Act” | “51” |
Paragraph 82g (7) (b)....... | “fifty-four or seventy-one of this Act” | “54 or 71” |
Paragraph 82g (7) (c)....... | “sub-section (4) of this section” | “sub-section (4)” |
Sub-section 82g (8).......... | (a) “fifty-four and seventy-one of this Act” | “54 and 71” |
| “paragraph (5) (f) or (6) (f)” | |
Sub-section 82g (9).......... | “fifty-nine of this Act” | “59” |
Sub-section 82g (10)........ | “seventy-one of this Act” | “71” |
Paragraph 82g (11) (a)..... | “fifty-one of this Act” | “51” |
Paragraph 82g (11) (b)..... | “fifty-one of this Act” | “51” |
Paragraph 82g (11) (c)..... | “fifty-three of this Act” | “53” |
Paragraph 82g (11) (e)..... | “fifty-two of this Act” | “52” |
Provision | Omit (wherever occurring) | Substitute |
Sub-section 82ga (1)............ |
| “Paragraph (2) (a)” |
Paragraph 82ga (1) (b)......... | “sixty-one a or sixty-one B” | “61a or 61b” |
Sub-paragraph 82ga (1) (c) (i) | (a) “fifty-eight or seventy-nine a” | “58 or 79a” |
(b) “seventy-eight or seventy-nine” | “78 or 79” | |
|
| “41, 44, 45, 46 or 47” |
|
| “51, 54, 55, 56 or 57” |
Paragraph 82ga (1) (h)......... | “seventy-seven or seventy-eight” | “77 or 78” |
Paragraph 82ga (2) (b)......... | “seventy-four” | “74” |
Paragraph 82ga (2) (c)......... | “(6) of section forty-seven” “sub-section (1) of this section” | “47 (6)” |
Sub-section 82ga (3)............ | “sub-section (1)” | |
Sub-section 82ga (4)............ | (a) “the last preceding sub-section” | “sub-section (3)” |
| “14 December 1959” | |
Sub-section 82j (1) (definition of “life policy”) | “(1) of section four” | “4 (1)” |
Paragraph 82l (1) (b)............ |
| “sub-paragraph (a) (ii)” |
Sub-section 82l (3)............... | “the next succeeding sub-section” | “sub-section (4)” |
Sub-section 82l (4)............... | “the last preceding sub-section” | “sub-section (3)” |
Paragraph 82m (b)................ | “the last preceding paragraph” | “paragraph (a)” |
Sub-section 82p (1)............... | “twenty-one” | “21” |
Sub-section 82p (2)............... | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 82p (3)............... | (a) “Sub-section (1) of this section” | “Sub-section (1)” |
(b) “1st October,” | “1 October” | |
Sub-section 82q (1).............. | “the succeeding sections of this Division” | “Sections 82r and 82s” |
Sub-section 82q (2).............. |
| “Paragraph (1) (b)” |
Provision | Omit (wherever occurring) | Substitute |
| “paragraph (1) (c) or (e)” | |
Sub-section 82q (3)........ |
| “Paragraph (1) (d)” |
| “paragraph (1) (a) or (e)” | |
Sub-section 82q (4)........ |
| “Paragraph (1) (f)” |
| “paragraph (1) (a) or (c)” | |
Sub-section 82q (5)........ | (a) “Sub-section (1) of this section” | “Sub-section (1)” |
(b) “1st October,” | “1 October” | |
Paragraph 82r (1) (a)...... |
| paragraph 82q (1) (a)” |
Paragraph 82r (1) (b)...... | (a) “three” | “3” |
(b) “two” | “2” | |
Paragraph 82r (1) (c)...... | “three” | “3” |
Sub-section 82r (2)........ | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 82r(5)......... | “thirty of this Act” | “30” |
Sub-section 82r (6)........ | “the last preceding sub-section” | “sub-section (5)” |
Paragraph 82r (6) (c)...... | “(3) and (4) of this section” | “(3) and (4)” |
Sub-section 82r (7)........ | “twenty” | “20” |
Paragraph 82r (7) (a)...... | “sub-section (5) of this section” | “sub-section (5)” |
Paragraph 82r (7) (b)...... | “twenty” | “20” |
Sub-section 82r (8)........ | “sub-section (4) of this section” | “sub-section (4)” |
Sub-section 82r (9)........ | “the last preceding sub-section” | “sub-section (8)” |
Paragraph 82s (1) (a)...... |
| “paragraph 82q (1) (a)” |
(b) “the last preceding section” | “section 82r” | |
Paragraph 82s (1) (b)...... |
| “paragraph 82q (1) (b), (c), (d), (e) or (f)” |
Provision | Omit (wherever occurring) | Substitute |
(b) “the last preceding section” | “section 82r” | |
Sub-section 82s (3)............... | “the last preceding sub-section” | “sub-section (2)” |
Paragraph 82s (3) (a)............ |
| “paragraph 82q (1) (a) or (b)” |
Paragraph 82s (3) (b)............ |
| “paragraph 82q (1) (c) or (d)” |
Paragraph 82s (3) (c)............ |
| “paragraph 82q (1) (e) or (f)” |
Paragraph 82s (4) (a)............ |
| “paragraph 82q (1) (a)” |
Paragraph 82s (4) (b)............ | “paragraph (b) of that sub-section” | “paragraph 82q (1) (b)” |
Sub-section 82s (4)............... | “paragraph (a) of the last preceding sub-section” | “paragraph (3) (a)” |
Paragraph 82s (5) (a)............ |
| “paragraph 82q (1) (a)” |
Paragraph 82s (5) (b)............ | “paragraph (b) of that sub-section” | “paragraph 82q (1) (b)” |
Sub-section 82s (5)............... |
| “paragraph (3) (a)” |
Sub-section 82s (6)............... | “sub-section (2) of this section” | “sub-section (2)” |
Paragraph 82t (1) (a)............ | (a) “the next succeeding paragraph” (b) “three” | “paragraph (b)” “3” |
Sub-paragraph 82t (1) (b) (ii) Sub-section 82t (2).............. | “three” | “3” |
“the next succeeding sub-section” | “sub-section (3)” | |
Sub-section 82t (3).............. | “fifty-three A or fifty-three B of this Act” | “53a or 53b” |
Paragraph 82t (3) (b)............ | “paragraph (b) of the last preceding sub-section” | “paragraph (2) (b)” |
Paragraph 82u (1) (b)........... | “the next two succeeding sub-sections” | “sub-sections (2) and (3)” |
Paragraph 82u (1) (c)............ | “sub-section (4) of this section” | “sub-section (4)” |
Paragraph 82u (1) (d)........... | “sub-section (5) of this section” | “sub-section (5)” |
Provision | Omit (wherever occurring) | Substitute |
Sub-section 82u (2).............. |
(b) “three” | “Paragraph (1) (b)” “3” |
Sub-section 82u (3).............. |
| “Paragraph (1) (b)” |
Paragraph 82u (3) (a)............ | “(1) of section eighty-two r of this Act” | “82r (1)” |
Paragraph 82u (3) (d)........... | “three” | “3” |
Sub-paragraph 82u (3) (i) (d) | “paragraph (a) of this sub-section” | “paragraph (a)” |
Sub-paragraph 82u (3) (d) (ii) | “paragraph (b) of this sub-section” | “paragraph (b)” |
Sub-paragraph 82u (3) (d) (iii) | “the last preceding paragraph” | “paragraph (c)” |
Sub-section 82u (4).............. |
| “Paragraph (1) (c)” |
(b) “sub-paragraph (i) of that paragraph” | “sub-paragraph (1) (c) (f)” | |
Sub-section 82u (5).............. |
| “Paragraph (1) (d)” |
Sub-section 82u (6).............. |
| “paragraph (1) (b), (c) or (d)” |
Sub-section 82v (2).............. | (a) “the last preceding sub-section”
| “sub-section (1)” “1 January 1970” |
Sub-section 82v (4).............. | “three” | “3” |
Sub-section 82w (2)............. | (a) “the last preceding sub-section”
| “sub-section (1)” “1 January 1970” |
Paragraph 82x (2) (b)........... | (a) “the next succeeding sub-section”
| “sub-section (3)” “61a (1) or 61b (1)” |
Paragraph 82x (2) (c)............ | “(1) of section eighty-two r of this Act” | “82r (1)” |
Sub-section 82x (3).............. | (a) “the last preceding sub-section” (b) “paragraph (b) of that sub-section” | “sub-section (2)” “paragraph (2) (b)” |
Provision | Omit (wherever occurring) | Substitute |
Paragraph 82y (3) (a)....... | “(2) of the last preceding section” | “82x (2)” |
Sub-section 82y (4).......... | “fifty-one and fifty-two of this Act” | “51 and 52” |
Sub-section 82z (1).......... | “twenty-one” | “21” |
Sub-section 82z (2).......... | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 82z (4).......... | (a) “the next succeeding sub-section” | “sub-section (5)” |
(b) “twenty-one” | “21” | |
Sub-section 82z (5).......... | “The last preceding sub-section” | “sub-section (4)” |
Sub-section 82z (6).......... | (a) “sub-section (1) of this section” | “sub-section (1)” |
(b) “sub-section (2) of this section” | “sub-section (2)” | |
(c) “sub-section (4) of this section” | “sub-section (4)” | |
Paragraph 82z (6) (a)....... | “twenty-one” | “21” |
Paragraph 82z (6) (b)....... | “the last preceding paragraph” | “paragraph (a)” |
Sub-section 82z (7).......... |
| “paragraph (6) (a) or (b)” |
Sub-section 82z (8).......... | “thirty-five a” | “35a” |
Paragraph 82z (9) (b)....... | “seventy-one of this Act” | “71” |
Sub-section 82z (10)........ | (a) “Sub-section (1) of this section” | “Sub-section (1)” |
(b) “1st October,” | “1 October” | |
Paragraph 82za (1) (a)..... Sub-section 82zb (1)........ Paragraph 82zb (1) (a)..... Paragraph 82zb (1) (b)..... | “the last preceding section” | “section 82z” |
“eighty-two z of this Act” | “82Z” | |
“the last preceding section” | “section 82za” | |
(a) “twenty” | “20” | |
(b) “sixty” | “60” | |
Sub-section 82zb (2)........ | “eighty-two zG of this Act” | “82zg” |
Paragraph 82zb (2) (a)..... | “twenty” | “20” |
Paragraph 82zb (2) (b)..... | “twenty” | “20” |
Paragraph 82zb (2) (c)..... | “fifteen” | “15” |
Paragraph 82zb (2) (d)..... | “twenty” | “20” |
Paragraph 82zb (2) (e)..... | “sixty” | “60” |
Sub-section 82zb (3)........ |
| “paragaphs (2) (c) and (d)” |
Paragraph 82zb (3) (c)..... | “twenty” | “20” |
Provision | Omit (wherever occurring) | Substitute |
Sub-section 82zb (4)........ | “the last two preceding sub-sections” | “sub-sections (2) and (3)” |
Sub-section 82zb (6)........ | (a) “the next two succeeding sub-sections” | “sub-sections (7) and (8)” |
| “paragraph (1) (a)” | |
(c) “twenty” | “20” | |
(d) “sub-section (2) of this section” | “sub-section (2)” | |
(e) “eighty-two z of this Act” | “82z” | |
Sub-section 82zb (7)........ | (a) “the last preceding sub-section” | “sub-section (6)” |
| “paragraph (2) (a)” | |
Sub-section 82zb (8)........ | (a) “Sub-section (6) of this section” | “Sub-section (6)” |
(b) “twenty” | “20” | |
Sub-section 82zc (1)........ | (a) “(6) of the last preceding section” | “82zb (6)” |
(b) “either of the last two preceding sections” | “section 82za or 82zb” | |
Paragraph 82zc (2) (a)..... |
| “40, 42, 42a, 43, 52, 56, 56a, 60 or 82g” |
Paragraph 82zc (2) (b)..... | “eighty-two z of this Act” | “82z” |
Sub-section 82zc (2)........ | “seven” | “7” |
Sub-section 82zc (3)........ | “the last preceding sub-section” | “sub-section (2)” |
Paragraph 82zc (4) (b)..... | “eighty-two z of this Act” | “82z” |
Sub-section 82zc (4)........ | “seven” | “7” |
Sub-section 82zd (1)........ | (a) “twenty” | “20” |
(b) “eighty-two z of this Act” | “82z” | |
(c) “sixty” | “60” | |
(d) “fifteen” | “15” | |
(e) “(3) of section eighty-two zb of this Act” | “82zb (3)” | |
Paragraph 82zd (2) (b)..... | “eighty-two z of this Act” | “82z” |
Provision | Omit (wherever occurring) | Substitute |
Paragraph 82zd (2) (c)..... |
| “40, 42, 42a, 43, 52, 56, 56 a, 60 or 82g” |
Section 82ze.................... | (a) “eighty-two z of this Act” | “82z” |
(b) “eighty-one of this Act” | “81” | |
Sub-section 82zf (1)........ |
| “paragraph 82zb (2) (a)” |
Paragraph 82zf (1) (a)...... | (a) “fifty-three b of this Act” | “53b” |
| “paragraph 82zb (2) (b), (c) or (d)” | |
Paragraph 82zf (1) (b)...... | (a) “fifty-three of this Act” | “53” |
(b) “the next succeeding sub-section” | “sub-section (2)” | |
Sub-section 82zf (3)........ | (a) “the last preceding sub-section” | “sub-section (2)” |
| “paragraph 82zb (2) (a)” | |
Paragraph 82zh (1) (b)..... | (a) “(3) of section eighty-two l of this Act” | “82l (3)” |
(b) “Division 2 of this Part” | “Division 2” | |
Paragraph 82zh (1) (c)..... |
| “paragraph 82r (1) (b)” |
Sub-section 82zh (2)........ |
| “paragraph 82R (1) (b)” |
(b) “eighty-two R of this Act” | “82R” | |
| “paragraph 82r (1) (c)” | |
(d) “the last preceding sub-section” | “sub-section (1)” | |
(e) “(3) and (4) of that section” | “82r (3) and (4)” | |
Paragraph 82zh (3).......... | (a) “the last preceding sub-section” | “sub-section (2)” |
| “paragraph (1) (b)’ |
Provision | Omit (wherever occurring) | Substitute |
Paragraph 82zh (4) (a)..... | “sub-section (1) of this section” | “sub-section (1)” |
Sub-section 82zh (5)........ | (a) “sub-section (3) of this section” | “sub-section (3)” |
(b) “the last preceding sub-section” | “sub-section (4)” | |
Sub-section 82zh (7)........ | (a) “(1) of section eighty-two z of this Act” | “82z (1)” |
(b) “Division 3 of this Part” | “Division 3” | |
(c) “paragraph (a) of sub-section (1)” | “paragraph (1) (a)” | |
(d) “the last preceding paragraph” | “paragraph (b)” | |
(e) “eighty-two za of this Act” | “82za” | |
(f) “sixty of this Act” | “60” | |
(g) “the last preceding sub-paragraph” | “sub-paragraph (i)” | |
Sub-section 82zh (8)........ | (a) “sub-section (3) of this section” | “sub-section (3)” |
(b) “sub-section (4) of this section” | “sub-section (4)” | |
(c) “(3) of section eighty-two r of this Act” | “82r (3)” | |
| “paragraph 82r (1) (b)” | |
| “paragraph (1) (b)” | |
(f) “Division 2 of this Part” | “Division 2” | |
(g) “sub-section (6) of this section” | “sub-section (6)” | |
Sub-section 82zh (9)........ |
| “neither sub-section (7) nor sub-section (8)” |
(b) “the next succeeding sub-section” | “sub-section (10)” | |
(c) “(3) of section eighty-two r of this Act” | “82r (3)” | |
| “paragraph 82r (1) (b)” | |
| “paragraph (1) (b)” | |
(f) “Division 2 of this Part” | “Division 2” | |
Sub-section 82zh (10)...... | (a) “sub-section (2) of this section” | “sub-section (2)” |
(b) “sub-section (3) of this section” | “sub-section (3)” |
Provision | Omit (wherever occurring) | Substitute |
(c) “sub-section (4) of this section” | “sub-section (4)” | |
| “paragraphs (9) (a) and (b)” | |
Sub-section 82zh (12).... | (a) “the last preceding sub-section” | “sub-section (11)” |
| “1 January 1970” | |
Sub-section 82zh (13).... | “sub-section (11) of this section” | “sub-section (11)” |
Sub-section 82zh (14).... | (a) “sub-section (3) of this section” | “sub-section (3)” |
(b) “sub-section (4) of this section” | “sub-section (4)” | |
Sub-section 82zj (1)....... | “eighty-two za of this Act” | “82za” |
Sub-section 82zj (2)....... | (a) “eighty-two zb of this Act” | “82zb” |
(b) “Division 2 of this Part” | “Division 2” | |
(c) “thirty-two” | “32” | |
(d) “sixty-one” | “61” | |
(e) “(7) and (8) of section sixty-one e” | “61e (7) and (8)” | |
(f) “1st October,” | “1 October” | |
Sub-section 83 (4).......... | “per centum” | “%” |
Section 84C.................... |
|
|
| “paragraph 55 (1) (a)” | |
| “paragraph 57 (1) (a)” | |
(d) “(3) of section 57” | “57 (3)” | |
Section 84D.................... | “(4) of section 84” | “84 (4)” |
Section 85...................... | “the next succeeding section” | “section 85a” |
Sub-section 85a (2)........ | “the last preceding sub-section” | “sub-section (1)” |
Sub-section 85a (3)........ | (a) “the last preceding sub-section” | “sub-section (2)” |
(b) “Forty dollars” | “$40” |
Provision | Omit (wherever occurring) |
Substitute | ||
Sub-section 85a (4)............. | “1st October,” | “1 October” |
Sub-section 85a (6)............. | “sub-section (1) of this section” | “sub-section (1)” |
Sub-section 85a (7)............. | “1st October,” | “1 October” |
Sub-section 85a (8)............. | (a) “sub-section (1) of this section” (b) “One hundred dollars” (c) “three” | “sub-section (1)” “$100” “3” |
Paragraph 88 (1) (c)............ | “One hundred dollars” | “$100” |
Sub-section 88 (2)............... | “(1) of section four of this Act” | “4 (1)” |
Heading to Fourth Schedule | “PARAGRAPH (c) OF SUB-SECTION (2) OF SECTION 39” | “PARAGRAPH 39 (2) (c)” |
AMENDMENTS OF ACTS CONTAINING REFERENCES TO CHIEF OF DEFENCE FORCE STAFF
Act | Provision |
Paragraph 4 (2) (d) | |
Paragraph 4 (2) (h) | |
Section 8 | |
Sub-section 9 (1) | |
Sub-section 9 (2) | |
Sub-section 9 (3) | |
Sub-section 9 (4) | |
Sub-section 9a (1) | |
Sub-section 9a (2) | |
Sub-section 9a (3) | |
Sub-section 9c (1) | |
Section 32c | |
Paragraph 116c (2) (a) | |
Sub-section 116k (1) | |
Sub-section 116d (2) | |
Sub-section 120a (1) | |
Paragraph 23 (3) (a) | |
Paragraph 65 (3) (a) | |
Paragraph 95 (3) (a) | |
Sub-section 44b (1) | |
| |
Sub-paragraph 3 (4) (r) (i) |
1. No. 33, 1923, as amended. For previous amendments, see No. 74, 1939; No. 12, 1941; No. 80, 1950; No. 15, 1952; No. 73, 1956; No. 94, 1964; No. 50, 1965; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; No. 138, 1976; No. 134, 1979; No. 61, 1981; and No. 153, 1982.
2. No. 20, 1903, as amended. For previous amendments, see 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; Nos. 4 and 20, 1977; Nos. 19 and 155, 1979; No. 132, 1979 (as amended by No. 80, 1982); No. 70, 1980; Nos. 61 and 178, 1981; Nos. 80 and 153, 1982; and No. 39, 1983.
3. No. 152, 1982.
4. No. 153, 1982.
5. No. 81, 1973, as amended. For previous amendments, see No. 59, 1974; No. 96, 1975; No. 33, 1976; Nos. 13 and 161, 1977; No. 36, 1978; Nos. 15 and 135, 1979; and Nos. 61, 92 and 144, 1981.
6. No. 31, 1948, as amended. For previous amendments, see No. 37, 1949; No. 73, 1950; No. 29, 1951; No. 93, 1952; No. 80, 1953; No. 20, 1954; No. 19, 1955; No. 24, 1956; No. 95, 1957; No. 46, 1958; No. 103, 1959; No. 67, 1962; No. 103, 1963; Nos. 25, 98 and 135, 1965; No. 70, 1966; Nos. 55, 56 and 128, 1968; No. 61, 1969; No. 34, 1970; No. 47, 1971; No. 82, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; Nos. 13 and 161, 1977; No. 36, 1978; Nos. 15 and 135, 1979; and No. 92, 1981.
7. No. 47, 1971.
8. No. 128, 1976.
9. No. 30, 1910, as amended. For previous amendments, see No. 16, 1911; No. 21, 1912; No. 45, 1918; No. 45, 1934; No. 35, 1948; No. 72, 1949; No. 14, 1952; No. 93, 1964; No. 53, 1965; No. 93, 1966; No. 24, 1968; No. 14, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; No. 133, 1979; No. 61, 1981; No. 153, 1982; and No. 39, 1983.
10. No. 132, 1979, as amended. For previous amendments, see No. 80, 1982.
11. No. 92, 1953, as amended. For previous amendments, see No. 124, 1965; No. 216, 1973 (as amended by No. 20, 1974); No. 3, 1977; and No. 36, 1978.
12. No. 23, 1947, as amended. For previous amendments, see No. 67, 1950; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; No. 36, 1978; and No. 61, 1981.
13. No. 59, 1977, as amended. For previous amendments, see No. 66, 1978; No. 111, 1980; Nos. 111, 115, 122, 137, 140 and 153, 1982; and Nos. 62 and 144, 1983.
14. No. 95, 1983.
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