Defence Act (No. 2) 1951

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DEFENCE (No. 2).

No. 59 of 1951.

An Act to amend the Defence Act 1903-1950, as amended by the Defence Act 1951.

[Assented to 11th December, 1951.]

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 (No. 2) 1951.

(2.) The Defence Act 1903-1950, as amended by the Defence Act 1951, is in this Act referred to as the Principal Act.

(3.) Section one of the Defence Act 1951 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903-1951.

Commencement.

2. Section six of this Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and fifty, and the remaining sections of this Act shall come into operation on the day on which this Act receives the Royal Assent.

Interpretation.

3. Section four of the Principal Act is amended by inserting after the definition of “Naval, Military or Air-Force Offence” the following definition:—

“‘Native Force’—Means a force consisting, or consisting mainly, of aboriginal inhabitants of a Territory of the Commonwealth.”.

Extension of Act to Territories.

4. Section five a of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Part IV. of this Act does not extend to, or in relation to, the aboriginal inhabitants of a Territory of the Commonwealth governed by the Commonwealth under a Trusteeship Agreement.”.

Promotion from the ranks.

5. Section eleven a of the Principal Act is amended by omitting the first proviso and inserting in its stead the following proviso:—

“Provided that the limitation in this section shall not apply to the appointment of officers of such corps as are prescribed:”.

Permanent Military Forces.

6. Section thirty-one of the Principal Act is amended by omitting from sub-section (3.) the words “for service as prescribed in” and inserting in their stead the words “in or transferred to”.

Constitution of Citizen Military Forces.

7. Section thirty-two a of the Principal Act is amended by omitting paragraphs (b) and (c) of sub-section (2.) and inserting in their stead the following paragraphs:—

“(b) persons who, having been called up under the National Service Act 1951 for service with the Citizen Military Forces, are deemed to have been enlisted in those Forces;

“(c) persons who, having been called upon, under section sixty of this Act, to enlist and serve in time of war, have enlisted in the Citizen Military Forces; and”.

8. After section thirty-five of the Principal Act the following section is inserted:—

Native Forces.

“35a.—(1.) A native force raised in a Territory of the Commonwealth governed by the Commonwealth under a Trusteeship Agreement shall not be required to render service other than such service as is permitted under Article eighty-four of the Charter of the United Nations.

“(2.) The regulations may make provision for, and in relation to, the control, regulation and discipline of a native force, and may provide that the provisions of this Act shall apply to, and in relation to, the native force subject to such modifications, adaptations and exceptions as are prescribed.”.

Time of discharge.

9. Section thirty-nine of the Principal Act is amended by omitting from paragraph (c) of sub-section (1.) the words “called up for service” and inserting in their stead the words “rendering service”.

Protection of States from domestic violence.

10. Section fifty-one of the Principal Act is amended by omitting the words “Militia and Volunteer” and inserting in their stead the word “Citizen”.

11. After section sixty-one a of the Principal Act the following section is inserted in Part IV.:—

Part not to apply to certain persons.

“61b. Nothing in this Part applies to—

(a) a person whose presence in Australia is occasioned solely by his employment in the service of a Government outside Australia;

(b) an official of the United Nations in a category specified by the Secretary-General of the United Nations under section seventeen of the General Convention on the Privileges and Immunities of the United Nations which was adopted by the General Assembly of the United Nations on the thirteenth day of February, One thousand nine hundred and forty-six;

(c) an official of a specialized agency as defined by section one of the International Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations which was adopted by the General Assembly of the United Nations on the twenty-first day of November, One thousand nine hundred and forty-seven, in a category specified by the specialized agency under section eighteen of that Convention, except such an official who is an Australian citizen, unless his name has been placed on the list compiled and approved under section twenty of the Convention;

(d) a prescribed official, or an official included in a prescribed class of officials, of any other international organization; or

(e) a member of the Permanent Naval Forces, the Permanent Military Forces or the Permanent Air Force.”.

12. Sections sixty-two and sixty-two a of the Principal Act are repealed and the following section is inserted in their stead:—

Cadets.

“62.—(1.) There shall be an Australian Cadet Corps, which shall consist of persons under the age of eighteen years who are voluntarily enrolled in that Corps.

“(2.) Subject to the regulations, the training and conditions of service of members of the Australian Cadet Corps shall be as the Military Board determines.”.

Certain officers may punish.

13. Section one hundred and eight of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The regulations may authorize the officer commanding a corps, ship, unit or air force station to punish an offence against this Act or the regulations committed by a member of the Defence Force when not on war service—

(a) by a fine not exceeding Five pounds;

(b) in the case of loss of, or damage or destruction to, any arms, ammunition, equipment, clothing, instruments or regimental necessaries caused by the offence—

(i) where the articles are on issue to the member—by a deduction from pay not exceeding Twenty pounds; or

(ii) where the articles are not on issue to the member—by a deduction from pay not exceeding Five pounds;

(i) by forfeiture of not more than fourteen days’ pay; or

(ii) by confinement to barracks or on board ship, as the case requires, for a period not exceeding twenty-one days, seven days of which may be imprisonment or detention; and

(d) where the member is a member of the Citizen Forces—by reduction in rank or dismissal.”.

On whose complaint prosecutions may be brought.

14. Section one hundred and ten of the Principal Act is amended by omitting sub-section (5.) and inserting in its stead the following sub-section:—

“(5.) A civil prosecution against a soldier, seaman or airman may be brought by—

(a) the commanding officer or adjutant of the unit to which the soldier belongs;

(b) the commanding officer of the vessel to which the seaman belongs; or

or by a prescribed officer.”.

Power to discharge or disrate members of Citizen Forces.

15. Section one hundred and twelve of the Principal Act is amended by omitting the words “called up for service” and inserting in their stead the words “rendering service”.

16. Sections one hundred and twenty-three a and one hundred and twenty-three aa of the Principal Act are repealed and the following sections inserted in their stead:—

Intoxicating liquor.

“123a.—(1.) Subject to the next succeeding section, a person shall not, in or at a military canteen, camp, depot, fort or post, sell or supply intoxicating liquor—

(a) to a person who is under the age of twenty-one years and is rendering service required by the National Service Act 1951, except by direction of a duly qualified medical practitioner; or

(b) to any other person, except in accordance with such conditions as, subject to the approval of the Minister, the Military Board determines.

“(2.) A person who is under the age of twenty-one years and is rendering service required by the National Service Act 1951 shall not have intoxicating liquor in his possession in or at a military canteen, camp, depot, fort or post, except by direction of a duly qualified medical practitioner.

“(3.) A person other than a person to whom the last preceding sub-section applies shall not have intoxicating liquor in his possession in or at a military canteen, camp, depot, fort or post, except in accordance with such conditions as, subject to the approval of the Minister, the Military Board determines.

“(4.) It is lawful for a person, in or at a military canteen, camp, depot, fort or post, to sell, supply, or be in possession of, intoxicating liquor in accordance with conditions determined under this section, notwithstanding any provision of the law of a State or Territory of the Commonwealth.

Penalty: Twenty pounds.

Intoxicating liquor not to be supplied to cadets.

“123aa. A person shall not sell or supply intoxicating liquor to a member of the Australian Cadet Corps while he is in uniform, except by direction of a duly qualified medical practitioner.

Penalty: Twenty pounds.”.

Military bands.

17. Section one hundred and twenty-three D of the Principal Act is repealed.

18. After section one hundred and twenty-three e of the Principal Act the following section is inserted in Part X.:—

Certain persons not permitted to serve.

“123f.—(1.) A person shall not be permitted to serve in the Defence Force if—

(a) that person has been convicted of a crime which, in the opinion of the Naval Board, the Military Board or the Air Board, is such as to render that person unsuitable for service in the Defence Force; or

(b) the service of that person in the Defence Force might, in the opinion of the Naval Board, the Military Board or the Air Board, be prejudicial to the security of the Commonwealth.

“(2.) The last preceding sub-section has effect notwithstanding the National Service Act 1951.”.

Regulations.

19. Section one hundred and twenty-four of the Principal Act is amended—

(a) by inserting after paragraph (na) of sub-section (1.) the following paragraphs:—

“(nb) The declaration as a prohibited area of a place (including a place owned by, or held in right of, the Commonwealth or a State) used or intended to be used for a purpose of defence, the prohibition of a person entering, being in or remaining in the prohibited area without permission and the removal of any such person from the area;

“(nc) The prohibition of the use, except as prescribed, of a word, group of letters, object or device which is descriptive or indicative of—

(i) a part of the Naval Forces, Military Forces or Air Forces of a part of the King’s dominions; or

(ii) a service or body of persons associated with the defence of the Commonwealth;”;

(b) by omitting paragraph (qe) of that sub-section and inserting in its stead the following paragraph:—

“(qe) The administration of oaths to, the taking of affidavits of, and the attestation of the execution of documents by, members of the Defence Force while on service outside Australia;”; and

“(2.) For the purposes of paragraphs (qa), (qb), (qe) and (qf) of the last preceding sub-section—

(a) a member of the Defence Force shall be deemed to be on service outside Australia while he is a prisoner of war or interned in a place outside Australia; and

(b) a person, not being a member of the Defence Force, who accompanies a part of the Defence Force shall be deemed to be a member of, and on service with, that part of the Defence Force.”.

Overview

The Defence Act (No. 2) 1951 was enacted to amend the Defence Act 1903-1950, as previously amended by the Defence Act 1951. This Act was introduced to address various issues related to the governance and administration of the defence forces, including the regulation of native forces, the protection of certain individuals from prosecution, and the establishment of the Australian Cadet Corps. The Defence Act (No. 2) 1951 was passed by the Commonwealth Parliament, with the objective of ensuring that the defence forces were structured and managed effectively and efficiently. The Act also aimed to provide clarity and updates to the existing defence legislation, thereby ensuring that it remained relevant and applicable to the contemporary needs of the nation’s defence forces. The Defence Act (No. 2) 1951 introduced significant changes to the Defence Act 1903-1950, including amendments to the definitions, provisions for native forces, and the regulation of intoxicating liquors within military premises. It also provided for the establishment of the Australian Cadet Corps and outlined the disciplinary powers of commanding officers. Furthermore, the Act delineated the scope of protection from prosecution for certain individuals, such as officials of the United Nations and international organisations, and clarified the conditions under which military personnel could be punished for offences. Overall, the Defence Act (No. 2) 1951 sought to enhance the operational capabilities and administrative framework of Australia’s defence forces.

Scope and Application

The Defence Act (No. 2) 1951 amends the Defence Act 1903-1950 to further regulate aspects of the Australian Defence Force, including the establishment of native forces, the regulation of intoxicating liquor in military settings, and the control of individuals deemed unsuitable for service. This Act applies to persons and entities involved with the Defence Force, including the Permanent Military Forces, Citizen Military Forces, and the Australian Cadet Corps, with specific provisions tailored to native forces. The jurisdictional reach of the Act extends to Commonwealth territories and is applicable nationally, though certain provisions do not apply to aboriginal inhabitants governed under a Trusteeship Agreement. Exclusions are made for certain officials and members of international organisations, as well as members of the Permanent Naval Forces, Military Forces, and Air Force. The Act also provides for the creation of subordinate regulations to further define and administer its provisions.

Key Provisions

The Defence Act (No. 2) 1951 makes several amendments to the Defence Act 1903-1950, including the addition of new definitions and sections as well as the modification of existing provisions. For example, section 3 of the Act amends the definition of "Naval, Military or Air-Force Offence" to include a new definition for "Native Force," which refers to a force mainly consisting of Aboriginal inhabitants of a Commonwealth Territory (s. 3). Additionally, the Act introduces a new section 35a, which states that a Native Force raised in a Commonwealth Territory governed by the Commonwealth under a Trusteeship Agreement is not required to render service other than that permitted under Article 84 of the Charter of the United Nations (s. 35a). The Defence Act (No. 2) 1951 imposes various obligations on parties and entities it governs. For instance, section 35a requires that regulations may make provision for the control, regulation, and discipline of a Native Force, and may provide that the provisions of the Act shall apply to, and in relation to, the Native Force subject to modifications, adaptations, and exceptions as prescribed (s. 35a). Furthermore, section 123a of the Act makes it an offence to sell or supply intoxicating liquor in or at a military canteen, camp, depot, fort, or post, or to have such liquor in possession under certain conditions, with a penalty of up to Twenty pounds (s. 123a). Breaching the provisions of the Defence Act (No. 2) 1951 can result in criminal or civil consequences. For example, section 123a imposes a penalty of up to Twenty pounds for selling or supplying intoxicating liquor in or at a military canteen, camp, depot, fort, or post, or for having such liquor in possession under certain conditions (s. 123a). Similarly, section 123aa makes it an offence to sell or supply intoxicating liquor to a member of the Australian Cadet Corps while in uniform, except by direction of a duly qualified medical practitioner, with a penalty of up to Twenty pounds (s. 123aa). Additionally, section 123f prohibits certain persons from serving in the Defence Force if they have been convicted of a crime that renders them unsuitable for service or if their service might be prejudicial to the security of the Commonwealth (s. 123f).

Area of Law: Defence & Security Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Delegated & Subordinate Legislation; Offence Provisions; Prohibited Conduct; Regulatory Standards

Interactions

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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