Defence Legislation Amendment (Flexible Career Practices) Act 2000 (Cth)

Defence Legislation Amendment (Flexible Career Practices) Act 2000

No. 113, 2000

Defence Legislation Amendment (Flexible Career Practices) Act 2000

No. 113, 2000

An Act to amend legislation relating to defence, and for related purposes

Contents

Defence Legislation Amendment (Flexible Career Practices) Act 2000

No. 113, 2000

An Act to amend legislation relating to defence, and for related purposes

[Assented to 5 September 2000]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Defence Legislation Amendment (Flexible Career Practices) Act 2000.

2Commencement

1. (1)

   Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

2. (2)

   If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Application of amendments

The amendments made by items 3, 4, 5, 8, 9 and 11 of Schedule 1 do not apply in relation to appointments made before the commencement of this Act.

Schedule 1—Amendments

Defence Act 1903

1

Subsection 10B(1)

Omit “Colonel”, substitute “Lieutenant‑Colonel”.

2

At the end of section 10C

Add:

1. (2)

   An officer of the Army on a permanent appointment may volunteer to convert the appointment to an appointment for a specified period, and the Chief of Army may, by instrument in writing, convert the appointment accordingly.

3

At the end of paragraphs 17(2)(a), (b) and (ba)

Add “or”.

4

After paragraph 17(2)(c)

Insert:

1. (ca)

   the officer has not completed a period of service that, under a determination of the Chief of Army, the officer is required to complete in respect of the officer’s initial appointment as an officer; or

5

Subsection 27AA(3)

After “17(2)(c)”, insert “or (ca)”.

6

After section 37

Insert:

37AConversion of enlistment to fixed period

1. (1)

   A soldier who is enlisted until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.

2. (2)

   If the offer is accepted, the enlistment is converted accordingly, by force of this subsection.

Naval Defence Act 1910

7

At the end of section 11

Add:

1. (2)

   An officer on a permanent appointment may volunteer to convert the appointment to an appointment for a specified period, and the Chief of Navy may, by instrument in writing, convert the appointment accordingly.

8

At the end of paragraphs 13(2)(a), (b) and (ba)

Add “or”.

9

After paragraph 13(2)(c)

Insert:

1. (ca)

   the officer has not completed a period of service that, under a determination of the Chief of Navy, the officer is required to complete in respect of the officer’s initial appointment as an officer; or

10

Subsection 13A(1)

Omit “Captain”, substitute “Commander”.

11

Subsection 17B(3)

After “13(2)(c)”, insert “or (ca)”.

12

After section 26

Insert:

26AConversion of enlistment to fixed period

1. (1)

   A sailor who is enlisted in the Navy until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.

2. (2)

   If the offer is accepted, the enlistment is converted accordingly, by force of this subsection.

[Minister’s second reading speech made in—

House of Representatives on 7 June 2000

Senate on 29 June 2000]

(89/00)