Defence Legislation Amendment Act 1995
No. 43 of 1995
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Schedules of amendments
SCHEDULE 1
AMENDMENTS OF THE DEFENCE ACT 1903
SCHEDULE 2
AMENDMENTS OF THE DEFENCE FORCE DISCIPLINE ACT 1982
SCHEDULE 3
AMENDMENT OF THE DEFENCE FORCE (HOME LOANS ASSISTANCE) ACT 1990
SCHEDULE 4
AMENDMENTS OF THE MILITARY SUPERANNUATION AND BENEFITS ACT 1991
TABLE OF PROVISIONS—continued
SCHEDULE 5
AMENDMENTS OF THE NAVAL DEFENCE ACT 1910
SCHEDULE 6
AMENDMENT OF THE SAFETY, REHABILITATION AND COMPENSATION ACT 1988
SCHEDULE 7
AMENDMENTS OF THE DEFENCE FORCE DISCIPLINE ACT 1982 TO REMOVE GENDER-SPECIFIC LANGUAGE
Defence Legislation Amendment Act 1995
No. 43 of 1995
An Act to amend various Acts relating to defence and the Safety, Rehabilitation and Compensation Act 1988, and for related purposes
[Assented to 15 June 1995]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Defence Legislation Amendment Act 1995.
Commencement
2.(1) Except as indicated in subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.
(2) Schedule 1 (except items 3 and 11.3), items 29 and 30 of Schedule 2, and Schedule 5 commence on a day to be fixed by Proclamation.
(3) If the provisions referred to in subsection (2) do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
(4) Schedule 3 is taken to have commenced immediately before 1 September 1994.
Schedules of amendments
3.(1) The Acts specified in Schedules 1, 2, 3, 4, 5 and 6 are amended in accordance with the applicable items in those Schedules.
(2) Item 11 of Schedule 1 has effect according to its terms.
(3) The provision of the Defence Force Discipline Act 1982 specified in Column 1 of an item in Schedule 7 is amended by omitting the word or words indicated in Column 2 of the item and substituting the word or words set out in Column 3 of the item.
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SCHEDULE 1 Section 3
AMENDMENTS OF THE DEFENCE ACT 1903
1. Immediately before section 8:
Insert in Part II:
"Division 1—Command and administration of Defence Force".
2. After section 9B:
Insert:
Tenure of office
"9BA.(1) Subject to subsection (2) and Division 3, a person appointed under subsection 9(1) or 9AA(1) holds office for the period specified in the document of appointment, but is eligible for re-appointment.
"(2) If a person appointed under subsection 9(1) or 9AA(1) ceases to be an officer of an arm of the Defence Force, the person ceases to hold office under subsection 9(1) or 9AA(1).".
3. Subsection 9CQ):
Omit "Governor-General", substitute "Minister".
4. After section 9C:
Insert:
"Division 2—Appointment, promotion and resignation of officers of the Army".
5. Subsection 10A(2):
Omit the subsection.
6. After section 10A:
Insert:
Limited-tenure…
Overview
The Defence Legislation Amendment Act 1995No. 43 of 1995 was enacted by the Parliament of Australia to amend various Acts relating to defence and the Safety, Rehabilitation and Compensation Act 1988, and for related purposes. This Act addresses gaps in existing defence legislation and seeks to ensure consistency in the treatment of gender-specific language across various defence-related statutes. The Act includes amendments to the Defence Act 1903, Defence Force Discipline Act 1982, Defence Force (Home Loans Assistance) Act 1990, Military Superannuation and Benefits Act 1991, Naval Defence Act 1910, and Safety, Rehabilitation and Compensation Act 1988. It also includes provisions to remove gender-specific language from the Defence Force Discipline Act 1982. The policy objective of the Act is to modernise and standardise defence-related legislation, ensuring that it is inclusive and equitable while also maintaining the operational effectiveness of the Australian Defence Force.
Scope and Application
The Defence Legislation Amendment Act 1995 (No. 43 of 1995) amends various Acts relating to the Australian Defence Force (ADF), including the Defence Act 1903, Defence Force Discipline Act 1982, Defence Force (Home Loans Assistance) Act 1990, Military Superannuation and Benefits Act 1991, Naval Defence Act 1910, and the Safety, Rehabilitation and Compensation Act 1988. The Act applies to the Commonwealth of Australia, and its provisions are applicable to all members of the ADF, including officers and enlisted personnel, as well as Defence civilians. The Act includes various amendments to the existing Acts, such as changes to the disciplinary processes, promotion and retirement of officers, and medical examinations for service offences. It also removes gender-specific language from the Defence Force Discipline Act 1982. The Act does not provide any explicit exclusions or exemptions, but some provisions may be subject to subordinate instruments or regulations.
Key Provisions
- The Defence Legislation Amendment Act 1995 (Cth) primarily addresses the amendment of various Acts relating to defence and the Safety, Rehabilitation and Compensation Act 1988. It introduces a number of significant changes to the Defence Act 1903, Defence Force Discipline Act 1982, Defence Force (Home Loans Assistance) Act 1990, Military Superannuation and Benefits Act 1991, Naval Defence Act 1910, and the Safety, Rehabilitation and Compensation Act 1988.
- The main operative sections of the Act pertain to changes in the appointment, promotion, and retirement of officers within the Defence Force. Under the Defence Act 1903, the Act introduces provisions for limited-tenure promotions for Army officers (Schedule 1, item 5), and specifies procedures for the retirement and termination of officers' appointments (Schedule 1, items 19 to 25). For the Defence Force Discipline Act 1982, it amends the definitions of key terms such as 'service policeman' to 'police member' (Schedule 2, item 2) and introduces new provisions regarding the unauthorised or negligent discharge of weapons (Schedule 2, item 5). It also modifies the penalties for drug-related offences committed by Defence Force members (Schedule 2, items 6 to 8).
- The Act imposes several obligations and requirements on the parties governed by it. Defence Force members must adhere to the new disciplinary procedures and be aware of their rights and obligations under the amended Acts. For example, they must comply with the new requirements for cautioning and providing access to a legal practitioner during investigations (Schedule 2, items 17 to 19). The Act also mandates that certain disciplinary procedures, such as the imposition of punishments and the recording of confessions, be conducted in a specific manner (Schedule 2, items 19 to 22, 30 to 32). Additionally, the Act imposes requirements on the Defence Force to ensure that its members are aware of their rights and the procedures that apply to them during investigations and disciplinary proceedings.
- Breaches of the Act may result in civil or criminal consequences. For instance, intentionally discharging a weapon without authorisation is an offence punishable by imprisonment for up to 6 months (Schedule 2, item 5). Refusing to submit to a medical examination or the taking of a specimen, when required, is also an offence that carries a maximum penalty of imprisonment for 6 months (Schedule 2, item 22). Additionally, the Act provides for the removal of gender-specific language from the Defence Force Discipline Act 1982 (Schedule 7), ensuring that the language used is inclusive and non-discriminatory.
- Area of Law
- Defence Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Civil Penalty Provisions
- Enforcement Powers
- Reporting & Disclosure Obligations