DEFENCE.
No. 72 of 1956.
An Act to amend the Defence Act 1903–1953.
[Assented to 29th October, 1956.]
BE it enacted by the Queen’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 1956.
(2.) The Defence Act 1903–1953 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 1903–1956.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. Section four of the Principal Act is amended—
(a) by omitting the definition of “Air Force Act” and inserting in its stead the following definition:—
“‘Air Force Act’—Means the Imperial Act called the Air Force Act as in force on the day on which the Air Force Act 1939 came into operation and as applied in relation to the Air Force and the members of that Force by section five of the Air Force Act 1923–1956, with such modifications, adaptations and exceptions as are prescribed under the last-mentioned Act.”; and
(b) by omitting the definition of “Army Act” and inserting in its stead the following definition:—
“‘Army Act’—Means the Imperial Act called the Army Act as in force on the day on which the Defence Act 1956 came into operation.”.
Period of enlistment.
4. Section thirty-six of the Principal Act is amended—
(a) by inserting in the first proviso, after the word “on”, the words “or before”; and
(b) by omitting the second proviso.
5. Section eighty-eight of the Principal Act is repealed and the following section inserted in its stead:—
Laws applicable to courts-martial.
“88. Subject to this Act and to such modifications and adaptations as are prescribed, the provisions of the Army Act and the Rules of Procedure made under that Act in relation to—
(a) the composition, procedure (including the reception of evidence) and powers of courts-martial in the Queen’s Regular Land Forces;
(b) the confirmation, revision, effect and consequences of the findings and sentences of those courts-martial; and
(c) the mitigation, remission, commutation and suspension of sentences imposed by those courts-martial,
shall apply in relation to courts-martial in the Military Forces and their findings and sentences.”.
Overview
The Defence Act 1956 was enacted to amend the Defence Act 1903–1953, addressing the need to update and refine the legal framework governing the Australian Defence Force. Assented to on 29th October 1956 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aimed to bring the Defence Act in line with contemporary requirements and practices. The Defence Act 1956 introduces amendments to definitions, the period of enlistment, and the application of laws to courts-martial, ensuring the legal apparatus governing military operations and personnel remains robust and effective. The policy objective of this Act is to provide a comprehensive and adaptable legislative foundation for the management and operation of the Defence Force, reflecting both historical context and evolving military needs.
Scope and Application
The Defence Act 1956 is a legislative instrument that amends the Defence Act 1903–1953, providing specific amendments to definitions and provisions regarding military forces. This Act applies to the Australian Defence Force and its members, encompassing the Army, Air Force, and Navy, as well as their respective acts and rules. Geographically, it operates within the Commonwealth of Australia and is subject to federal jurisdiction. The Act modifies the definitions of the "Air Force Act" and "Army Act" to reflect current legislative standards and their application to the armed forces. Additionally, it amends the period of enlistment and repeals and replaces section eighty-eight of the Principal Act, which pertains to the laws applicable to courts-martial within the military forces. The Act’s provisions extend to the composition, procedure, and powers of courts-martial, as well as the handling of findings, sentences, and their mitigation or remission. This comprehensive revision ensures that the military justice system remains aligned with current legal standards and operational requirements.
Key Provisions
The Defence Act 1956 amends the Defence Act 1903–1953, introducing several key changes and provisions. Section 1 establishes the title of the Act and refers to the Defence Act 1903–1953 as the Principal Act, with the amended version being referred to as the Defence Act 1903–1956. This Act came into effect on the day it received Royal Assent, as per Section 2. Section 3 modifies the definitions found in Section four of the Principal Act, updating the definitions of "Air Force Act" and "Army Act" to reflect the most current legislation in force at the time of the Defence Act 1956's operation. These definitions are crucial in establishing the scope and applicability of the Act's provisions.
Section 4 of the Defence Act 1956 modifies Section thirty-six of the Principal Act. Specifically, it inserts the words "or before" after the word "on" in the first proviso, and omits the second proviso. This amendment likely pertains to the period of enlistment in the military forces, but without additional context, the exact implications of this change are difficult to determine. Section 5 repeals Section eighty-eight of the Principal Act and replaces it with a new Section 88, which outlines the laws applicable to courts-martial. This new section mandates that the provisions of the Army Act and the Rules of Procedure made under that Act apply to courts-martial in the Military Forces, subject to any modifications or adaptations prescribed under the Defence Act 1956.
The Defence Act 1956 imposes several obligations and requirements on the parties and entities it governs. Firstly, it requires adherence to the updated definitions of the "Air Force Act" and "Army Act" as specified in Section 3, ensuring consistency and clarity in the interpretation and application of military legislation. Secondly, Section 4's amendments to the period of enlistment likely necessitate adjustments in the enlistment processes and documentation. Lastly, Section 5's provisions regarding the application of the Army Act and Rules of Procedure to courts-martial require military personnel and legal practitioners to familiarise themselves with these rules and ensure compliance during court-martial proceedings.
Section 5 of the Defence Act 1956 introduces potential consequences for breaches of the Act's provisions. While the Act does not explicitly state the offences, penalties, or consequences for non-compliance, it is reasonable to assume that any breach of the laws applicable to courts-martial or the period of enlistment could lead to legal repercussions. The maximum penalties for such breaches would depend on the specific nature of the offence and the relevant military legislation. For example, violations of the Army Act or Rules of Procedure could result in disciplinary action, fines, or imprisonment, depending on the severity of the breach. Similarly, failure to adhere to the updated definitions or enlistment requirements could lead to administrative penalties or legal consequences.