Defence Legislation Amendment (First Principles) Act 2015
No. 164, 2015
An Act to amend legislation relating to defence, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
4 Regulations
Schedule 1—Amendment of the Defence Act 1903
Part 1—Amendments
Defence Act 1903
Part 2—Transitional provisions
Schedule 2—Amendment of other Acts
Part 1—Amendments
Age Discrimination Act 2004
Archives Act 1983
Australian Citizenship Act 2007
Australian Defence Force Cover Act 2015
Australian Defence Force Superannuation Act 2015
Australian National Maritime Museum Act 1990
Defence Force Discipline Act 1982
Defence Force Retirement and Death Benefits Act 1973
Defence Forces Retirement Benefits Act 1948
Defence Housing Australia Act 1987
Defence (Parliamentary Candidates) Act 1969
Defence Reserve Service (Protection) Act 2001
Defence (Visiting Forces) Act 1963
Disability Discrimination Act 1992
Freedom of Information Act 1982
Income Tax Assessment Act 1936
Long Service Leave (Commonwealth Employees) Act 1976
Maritime Powers Act 2013
Military Rehabilitation and Compensation Act 2004
Navigation Act 2012
Office of National Assessments Act 1977
Privacy Act 1988
Public Interest Disclosure Act 2013
Safety, Rehabilitation and Compensation Act 1988
Sex Discrimination Act 1984
Sydney Harbour Federation Trust Act 2001
Work Health and Safety Act 2011
Part 2—Transitional provisions
Schedule 3—Repeals
Air Force Act 1923
Naval Defence Act 1910
Defence Legislation Amendment (First Principles) Act 2015
No. 164, 2015
An Act to amend legislation relating to defence, and for related purposes
[Assented to 2 December 2015]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Defence Legislation Amendment (First Principles) Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 2 December 2015 |
2. Schedules 1 to 3 | Immediately after the commencement of Schedule 2 of the Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015. | 1 July 2016 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Regulations
The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing saving or application provisions) relating to the amendments or repeals made…
Overview
The Defence Legislation Amendment (First Principles) Act 2015 was enacted to amend legislation relating to defence and address the need for a more streamlined and centralised structure within the Australian Defence Force (ADF). This Act, introduced by the Parliament of Australia, consolidates and rationalises the command and administration of the ADF by establishing a unified leadership structure. The primary objective of this Act is to centralise the command of the ADF under the Chief of the Defence Force, thereby enhancing coordination and efficiency within the defence sector. It also seeks to streamline administrative processes and improve the overall governance of the ADF by clarifying roles and responsibilities, particularly in relation to the administration of the Australian Defence Force Cadets and the management of service obligations and benefits for ADF personnel.
Scope and Application
The Defence Legislation Amendment (First Principles) Act 2015 amends various Acts related to defence, with a particular focus on consolidating and streamlining the command and administration structures within the Australian Defence Force (ADF). This Act applies to the ADF, including its three arms: the Royal Australian Navy (RAN), the Australian Army, and the Royal Australian Air Force (RAAF). It also pertains to the Defence Force Cadets, which comprise the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets. The Act applies to all members of the ADF and the Cadets, as well as to various officers and officials involved in the administration and command of the Defence Force. Geographically, the Act has a national reach, applying across Australia as a Commonwealth Act. Certain exclusions and specific provisions apply to the repealed Air Force Act 1923 and Naval Defence Act 1910, which are no longer in effect following their repeal by this Act. The Act also includes transitional provisions to ensure continuity in obligations and instructions pre-existing its enactment. Subordinate instruments may further extend or detail the application of the Act, particularly in relation to regulations and delegations of powers within the Defence Force.
Key Provisions
- The Defence Legislation Amendment (First Principles) Act 2015 (Cth) makes several significant amendments to the Defence Act 1903 (Cth) and other related Acts. The Act introduces new definitions and structures within the Defence Force, including the establishment of the Australian Defence Force Cadets and the alteration of command and administrative structures. For instance, the Act redefines the composition of the Australian Defence Force to include the Royal Australian Navy, Australian Army, and Royal Australian Air Force (sections 17 and 18-20). It also centralises the command under the Chief of the Defence Force and delineates the roles of the Minister, Chief of the Defence Force, and Vice Chief of the Defence Force in the administration and command of the Defence Force (sections 8-16). Furthermore, the Act specifies the conditions under which members of the Defence Force, including reservists, must serve and the process for accepting volunteer service (sections 22-27).
- The Act imposes several obligations on the parties governed by it. The Minister has general control and administration of the Defence Force, with the Chief of the Defence Force and the Secretary required to comply with any directions from the Minister (section 8). The Chief of the Defence Force is responsible for the command of the Defence Force and must advise the Minister on matters relating to this command (section 9). The administration of the Defence Force is a joint responsibility of the Secretary and the Chief of the Defence Force, with the Vice Chief of the Defence Force assisting as directed (section 10). Additionally, the Act details the process for the appointment, resignation, and termination of the Chief of the Defence Force and the Vice Chief of the Defence Force (sections 12-16).
- Breaches of the provisions set forth in the Act can lead to various consequences. For instance, the Act outlines that no civil contract is created with the Crown or the Commonwealth in connection with a member's service in the Defence Force (sections 27 and 62D). Furthermore, while the Act does not explicitly detail penalties for breaches, contraventions of defence-related legislation typically result in both civil and criminal penalties, which can include fines and imprisonment, depending on the severity of the breach and the specific provisions contravened. The exact penalties would be determined by the relevant courts based on the nature of the offence and the specific statutory provisions breached.
- Area of Law
- Defence & Military Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Delegated & Subordinate Legislation
- Command Structure
- Cadet Administration
