Defence Acts Amendment Act 1981

Overview

The Defence Acts Amendment Act 1981 (C2004A02555) was enacted to address gaps and issues in the existing Defence Act 1903 and Defence (Visiting Forces) Act 1963. The Act was passed by the Parliament of Australia and received Royal Assent on 8 December 1981. It amends both the Defence Act 1903 and the Defence (Visiting Forces) Act 1963 to provide clearer provisions for the delegation of powers, the attachment and command of forces from other countries, the management of public areas on Defence land, and the handling of absentees without leave. The Act also repeals certain sections and parts of the principal Acts to streamline the legislation.

Scope and Application

The Defence Acts Amendment Act 1981 applies to the Commonwealth of Australia and amends the Defence Act 1903 and the Defence (Visiting Forces) Act 1963. The Act pertains to the Defence Force and visiting forces, including the appointment and promotion of officers, conditions of service, and the delegation of powers. It introduces provisions for the attachment of personnel and mutual command powers between Australian Defence Force and forces of other countries, as well as the handling of absentees without leave from foreign forces. Furthermore, the Act establishes provisions for the management of public areas on defence land, including the appointment of rangers, their powers, and the imposition of by-laws. The Act's provisions apply within Australia and may extend to areas beyond Australia's territorial limits when Australian Defence Force is serving with forces of another country. Some powers under the Act may be delegated to appropriate officers, subject to certain conditions and limitations. The Act also makes specific amendments to the Defence Act 1903 and Defence (Visiting Forces) Act 1963, including the repeal of certain parts and the adjustment of definitions and provisions related to visiting forces.

Key Provisions

• The Defence Acts Amendment Act 1981 introduces several key provisions and amendments to existing defence-related legislation in Australia. Section 3 of the Act refers to the Defence Act 1903 as the "Principal Act," while Section 4 amends Section 10c of the Principal Act, allowing for the delegation of powers to make appointments and promotions within the Army, Navy, and Air Force. The Act repeals Section 57 of the Principal Act through Section 5, which relates to the payment of additional compensation to certain members of reserve forces. Section 6 amends Section 58b of the Principal Act to clarify the conditions of service for Defence Force members. Section 7 amends Section 87 of the Principal Act to allow for the delegation of certain powers.
• The Act also inserts a new Part IXa into the Principal Act, governing provisions relating to the forces of other countries. This includes the attachment of personnel and mutual powers of command between Australian Defence Force members and members of other countries' forces (Sections 116b to 116d). It also outlines procedures for dealing with absentees without leave, including apprehension, detention, and disposal of such individuals (Sections 116f to 116h). Furthermore, the Act allows for the delegation of powers by the chief of staff (Section 116m) and the making of orders under the new Part (Section 116n).
• Section 9 of the Act inserts a new Part IXb into the Principal Act, focusing on public areas of Defence land. The Minister has the authority to declare certain areas of Defence land as public areas (Section 116q) and delegate powers to officers of the Defence Force or the Department of Defence (Section 116r). The Act also establishes the role of rangers, their powers of arrest, search, and seizure, as well as the penalties for assaulting or impersonating rangers (Sections 116v to 116za). The Act further addresses the concurrent operation of State and Territory laws (Section 116zc) and the making of by-laws for the control and management of public areas (Section 116zd).
• In terms of offences and penalties, the Act outlines various consequences for breaches of its provisions. These include fines for failing to comply with requirements made by rangers (Section 116w(5)), assaulting or impersonating rangers (Sections 116y and 116z), and failing to return an identity card (Section 116u(3)). Additionally, the Act allows for the forfeiture of vehicles, aircraft, vessels, or articles used in the commission of an offence (Section 116x) and the suspension of salary in certain circumstances (Section 10).

Legal classification tags

Area of Law

Military Law

International Law

Instrument

Act

Concepts

Commencement Provisions

Delegation of power to make appointments and promotions

Delegation of powers and functions

Transitional Provisions

Reporting & Disclosure Obligations

Enforcement Powers

Seizure and forfeiture

Regulatory Standards