Defence Act 1912

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DEFENCE.

No. 5 of 1912.

An Act to amend the Defence Act 1903-1911.

[Assented to 4th September, 1912.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Defence Act 1912.

(2.) The Defence Act 1903-1911 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903-1912.

Amendment of section 2.

2. Section two of the Principal Act is amended by omitting therefrom all references to sections.

Amendment of section 21a.

3. Section twenty-one a of the Principal Act is amended by inserting in sub-section (3.) thereof after the word “officers” the words “who, prior to the first day of January One thousand nine hundred and eleven, completed the examination for promotion to the rank of Lieutenant-Colonel or Major respectively, or to officers”.

Amendment of section 31.

4. Section thirty-one of the Principal Act is amended—

(a) by inserting in sub-section (2.) after the word “Medical” the word “Veterinary”; and

(b) by omitting from sub-section (2.) after the word “Ordnance” the word “Staffs” and inserting in its stead the word “Corps”.

Amendment of section 35.

5. Section thirty-five of the Principal Act is amended by omitting the words “Part IV.” and inserting in their stead the words “Parts IV. and XII.”

6. Section sixty-two of the Principal Act is amended by adding thereto the following sub-section:—

Officers may continue to serve in Senior Cadets.

“(8.) Officers of the Senior Cadets, on becoming liable for service in the Citizen Forces under the provisions of paragraphs (c) and (d) of section one hundred and twenty-five of this Act, may continue to serve as officers in the Senior Cadets for such time and under such conditions as may be prescribed, and such service shall he in lien of service in the Citizen Forces.”

Amendment of section 67.

7. Section sixty-seven of the Principal Act is amended—

(a) by inserting, after the word “bullock”, the words “aerial machine”; and

(b) by omitting the words “such vehicles and animals” and inserting in their stead the words “any vehicles, horses, mules, bullocks, aerial machines, boats or vessels”.

8. Section one hundred and ten of the Principal Act is repealed and the following section inserted in its stead:—

On whose complaint prosecutions may be brought.

“110.—(1.) A prosecution for an offence against this Act or the Regulations may be brought in any court of summary jurisdiction.

“(2.) A prosecution against an officer of the Military Forces shall be brought by or by the authority of the District Commandant.

“(3.) A prosecution against an officer of the Naval Forces shall be brought by or by the authority of the Naval Commandant.

“(4.) The averment of the prosecutor that he was authorized by the District Commandant or the Naval Commandant to bring the prosecution shall be sufficient, and shall not be controverted or questioned by the Court or by the defendant.

“(5.) A prosecution against a soldier, seaman, or person liable to render personal service under the provisions of Part XII. of this Act may be brought by the commanding officer or adjutant of the corps to which the soldier belongs, or by the commanding officer of the vessel to which the seaman belongs, or by an area officer, or by any prescribed officer.”

Amendment of section 114.

9. Section one hundred and fourteen of the Principal Act is amended—

(a) by inserting after the words “may be arrested” the words “within the Commonwealth or a Territory under the control of the Commonwealth”; and

(b) by inserting after the words “or of a State” the words “or of a Territory under the control of the Commonwealth”.

Amendment section 122.

10 Section one hundred and twenty-two of the Principal Act is amended—

(a) by inserting after the words “may be executed” the words “within the Commonwealth or a Territory under the control of the Commonwealth”; and

(b) by inserting at the end thereof the words “or of a Territory under the control of the Commonwealth”.

11 After section one hundred and twenty-three a of the Principal Act the following section is inserted:—

Intoxicating liquors not to be supplied to Cadets.

“123aa. No intoxicating or spirituous liquors shall be sold to any cadet whilst in uniform, nor shall any intoxicating or spirituous liquors, except by direction of a duly qualified medical practitioner, be supplied to any cadet whilst in uniform.

Penalty: Twenty pounds.”

Amendment of section 127.

12 Section one hundred and twenty-seven of the Principal Act is amended—

(a) by omitting from paragraph (a) the words “one hundred and twenty” and inserting in their stead the word “ninety”;

(b) by omitting from the first proviso the words “Engineers in”, and inserting in their stead the words “Engineer arms of”;

(d) by omitting from the fourth proviso the words “sixty-four” and inserting in their stead the words “forty-eight”; and

(e) by adding thereto the following sub-section :—

Compulsory drills.

“(2.) The Regulations may provide that attendance at such drills as are prescribed shall be compulsory.”

Amendment of section 135.

13 Section one hundred and thirty-five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “and not less than Five pounds”;

(b) by adding thereto after sub-section (1.) the following sub-section :—

“(1a.) Every person who, being a person liable to training under this Part—

(a) fails, without lawful excuse, to attend a compulsory drill; or

(b) commits a breach of discipline while on parade,

shall be guilty of an offence and shall, in addition to any liability under section one hundred and thirty-three of this Act, be liable to a penalty not exceeding Five pounds”;

(c) by inserting in sub-section (4.) after the words “the custody of any prescribed authority” the words “for such time not exceeding twenty days, as it thinks fit, or”: and

(d) by adding thereto the following sub-sections:—

“(8.) A person liable to be trained under the provisions of paragraphs (a) and (b) of section one hundred and twenty-five of this Act shall not be committed to gaol in default of payment of a pecuniary penalty imposed for an offence against the provisions of this section, but the Court may order that, in default of payment of the pecuniary penalty imposed, the person shall be committed to the custody of any prescribed authority for such time, not exceeding the time for which the Court could, but for this subsection, have committed the person to gaol in default of payment of the pecuniary penalty imposed, as the Court thinks fit.

“(9.) Where a person liable to be trained under the provisions of paragraphs (a) and (b) of section one hundred and twenty-five of this Act, has been convicted, before the commencement of this sub-section, of an offence against this section, and but for sub-section (8.)

of this section would be liable to be committed to gaol in default of payment of the pecuniary penalty imposed for the offence, and makes default in payment of the penalty, he may, on the application of a prescribed officer, be committed to the custody of any prescribed authority for such time, not exceeding the time for which, but for sub-section (8.) of this section, he might have been committed to gaol in default of payment of the pecuniary penalty imposed, as the Court thinks fit.

“(10.) In places where Children’s Courts exist, offences against this section committed by cadets under the age of sixteen years shall be prosecuted in such Courts as far as is reasonably practicable.”

Amendment of section 142.

14 Section one hundred and forty-two of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “month of January” (where they first occur) and inserting in their stead the words “months of January and February”.

15 Section one hundred and forty-six of the Principal Act is repealed and the following section inserted in its stead:—

Record Book.

“146.—(1.) Every person who registers shall receive a Record Book, a duplicate of which shall be retained by prescribed persons, in which books shall be entered such information as is prescribed, and all records of service, and the production of such book or duplicate shall be primâ facie evidence of all matters entered therein.

Company Roll Book.

“(2.) A Company Roll Book shall be kept by prescribed persons, in which shall be entered such information as is prescribed, and the production of such book shall be primâ facie evidence of all matters entered therein.

“(3.) No entry shall be made in a Record Book or Company Roll Book except by those authorized by the Regulations.

Overview

The Defence Act 1912, enacted by the Parliament of the Commonwealth of Australia, was introduced to amend the Defence Act 1903-1911 and address various issues within the existing legislation. The Act introduces a range of amendments to the Defence Act 1903-1911, including updates to the terminology, the addition of new sections, and the modification of existing provisions. Some of the key amendments include the expansion of the types of forces and personnel covered by the Act, the introduction of new regulations regarding the sale and supply of intoxicating liquors to cadets, and the establishment of procedures for compulsory attendance at drills and the consequences for failure to comply. The overarching policy objective of the Defence Act 1912 is to strengthen and modernise the existing defence framework in order to better prepare Australia for potential threats and challenges. The Defence Act 1912 aims to address the identified gaps and issues within the Defence Act 1903-1911 by introducing a range of amendments and updates. These changes include the expansion of the types of forces and personnel covered by the Act, the introduction of new regulations regarding the sale and supply of intoxicating liquors to cadets, and the establishment of procedures for compulsory attendance at drills and the consequences for failure to comply. By addressing these issues and updating the existing legislation, the Defence Act 1912 seeks to create a more robust and effective defence framework for the Commonwealth of Australia.

Scope and Application

The Defence Act 1912 amends the Defence Act 1903-1911, and applies to the Commonwealth of Australia and any territories under its control. It primarily pertains to the Australian Military Forces, including officers, soldiers, and seamen, as well as individuals liable to render personal service under the Act. The Act addresses the regulation of service within the military, including amendments to training requirements, compulsory drills, and the consequences of failing to attend drills or breaching discipline. It also addresses the sale of intoxicating liquors to cadets and the keeping of Record Books and Company Roll Books. Prosecutions for offences against the Act can be brought by various officers, depending on the rank and role of the accused. Certain exclusions and thresholds are set out within the Act, such as the age at which cadets' offences are prosecuted in Children's Courts and the penalties for failing to attend compulsory drills or committing breaches of discipline. The Act may be further extended or restricted through subordinate instruments, such as regulations.

Key Provisions

The Defence Act 1912 amends the Defence Act 1903-1911 by making several changes to the existing legislation. Section 2 of the Act removes references to sections from the Principal Act, while Section 21a is amended to include officers who completed the examination for promotion to the rank of Lieutenant-Colonel or Major prior to January 1, 1911. Section 31 is amended to include Veterinary Medical and Corps Ordnance Staffs. Section 35 is modified to include Parts IV and XII of the Principal Act, and Section 62 is amended to allow officers of the Senior Cadets to continue serving in that capacity under certain conditions. Section 67 is amended to include aerial machines as transport, and Section 110 specifies the conditions under which prosecutions can be brought against various parties. Section 114 is amended to clarify that arrests can be made within the Commonwealth or a Territory under its control, and Section 122 similarly specifies the execution of warrants within these areas. Additionally, Section 123aa prohibits the sale or supply of intoxicating liquors to cadets in uniform, with a penalty of Twenty Pounds for violations. The Defence Act 1912 imposes a number of obligations on the parties and entities it governs. These include the requirement for officers of the Senior Cadets to continue serving in that capacity under certain conditions, as stipulated in Section 62. Section 123aa places a prohibition on the sale or supply of intoxicating liquors to cadets in uniform. Furthermore, Section 127 mandates compulsory drills and outlines penalties for failing to attend or breaching discipline during these drills, as specified in Section 135. The Act also requires the keeping of Record Books and Company Roll Books, with entries only allowed by those authorised by the Regulations, as outlined in Section 146. The Defence Act 1912 also outlines various offences, penalties, and consequences for breach of its provisions. Section 123aa imposes a penalty of Twenty Pounds for the sale or supply of intoxicating liquors to cadets in uniform. Failure to attend a compulsory drill or committing a breach of discipline while on parade, as stipulated in Section 135, is an offence with a penalty not exceeding Five Pounds. Additionally, Section 135 provides for the commitment of individuals to the custody of any prescribed authority for a time not exceeding twenty days if they fail to pay a pecuniary penalty imposed for an offence against the provisions of this section. Where a person has been previously convicted of an offence under Section 135 and defaults in payment of the penalty, they may be committed to the custody of any prescribed authority for a time not exceeding that which they would have been committed to gaol for, as the Court thinks fit. Offences committed by cadets under the age of sixteen years are to be prosecuted in Children's Courts where they exist, as per Section 135.

Area of Law: Defence
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Compulsory drills

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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