DEFENCE AMENDMENT ACT 1976
No. 4 of 1977
An Act to amend the Defence Act 1903.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title, &c.
1. (1) This Act may be cited as the Defence Amendment Act 1976.
(2) The Defence Act 1903 is in this Act referred to as the Principal Act.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Administration of Defence Force.
3. (1) Section 9a of the Principal Act is amended by omitting from sub-sections (3), (4) and (5) the words “Defence Instructions (Air)” (wherever occurring) and substituting the words “Defence Instructions (Air Force)”.
(2) Defence Instructions (Air) in force immediately before the commencement of this Act are, upon the commencement of this Act, as valid and effectual as if the amendment made by sub-section (1) had not been made and Defence Instructions (Air) as in force from time to time after the commencement of this Act shall, for the purposes of section 9a of the Principal Act as amended by this Act, be deemed to be Defence Instructions (Air Force).
(3) In sub-section (2), “Defence Instructions (Air)” means instructions and orders known as the Defence Instructions (Air) by virtue of sub-section 9a(3) of the Principal Act, and includes instructions and orders deemed to be Defence Instructions (Air) by virtue of sub-section 95(4) of the Defence Force Re-organization Act 1975.
Additional amendments.
4. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 4
ADDITIONAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting the word “Australia” (wherever occurring) and substituting the words “the Commonwealth”:—
Sections 12, 13, 58, 61a(1)(b), 63(1)(f), 66, 73a, 73d(1), 79(1) and (1a), 80b(2)(a), 97(c), 109(2) and 124(1)(nb) and (u).
SCHEDULE—continued
2. The Principal Act is further amended as set out in the following table:—
Provision | Amendment |
Title..................... | Omit “Australia”, substitute “the Commonwealth”. |
Section 4(1) (definition of “Australia”) | Omit definition, substitute “‘Australia’ and ‘Commonwealth’ includes the Territories.”. |
Section 4(1) (definition of “War”).. | Omit “or any Territory”. |
Section 17(2)(c)(ii)............ | Omit “Australia” (second occurring), substitute “the Commonwealth”. |
Section 33................. | Omit “The Army” (second occurring), substitute “the Army”. |
Section 39(1)(c).............. | Omit “of this Act”. |
Section 80b(2)(a)............. | Omit “Australian Government”, substitute “Commonwealth”. |
| Omit “Australia” (first occurring), substitute “the Commonwealth”. |
Section 124(1)(r)............. | Omit “of this Act”. |
Overview
The Defence Amendment Act 1976 was enacted to amend the Defence Act 1903, primarily addressing the need to update and modernise the legislative framework governing the Australian Defence Force. The Act was passed by the Queen, in accordance with the authority vested in the Senate and House of Representatives of the Commonwealth of Australia, with the aim of aligning the Defence Act 1903 with the evolving requirements of the nation's defence administration. This legislative intervention was crucial for ensuring that the Defence Act 1903 remained relevant and effective in governing the administration and operations of the Defence Force, particularly in light of changes in the geopolitical landscape and the operational needs of the Australian Defence Force. The amendments introduced by the Defence Amendment Act 1976 were intended to provide clarity and precision in the legal provisions governing defence activities, thereby facilitating better governance and administration within the Defence Force.
Scope and Application
The Defence Amendment Act 1976 amends the Defence Act 1903 by introducing modifications to the administration and scope of defence operations within the Commonwealth of Australia. The Act applies to the Commonwealth of Australia, including its territories, and to the Australian Defence Force, encompassing the Army, Navy, and Air Force. It primarily focuses on refining the administration of Defence Force instructions and orders, particularly those related to the Air Force, and redefines various terms and references within the Principal Act to reflect the Commonwealth's jurisdiction. The Act specifies that Defence Instructions (Air) in force before its commencement remain valid, and those issued after are considered as Defence Instructions (Air Force). Furthermore, the Act makes several amendments to the Principal Act, replacing references to "Australia" with "the Commonwealth" and adjusting definitions to clarify jurisdictional scope. The Act extends its reach through subordinate instruments, ensuring that the Defence Instructions and orders remain relevant and applicable within the updated legislative framework.
Key Provisions
The Defence Amendment Act 1976 (sections 1 to 4) introduces significant amendments to the Defence Act 1903, primarily focusing on the terminology and application of defence instructions and the scope of the Commonwealth's authority. Section 3 of the Act alters the terminology from "Defence Instructions (Air)" to "Defence Instructions (Air Force)" and ensures that existing instructions remain valid under the new terminology. Section 4 provides for additional amendments, including changes to the terminology from "Australia" to "the Commonwealth" in various sections of the Defence Act 1903.
The Act imposes obligations on Defence personnel and entities governed by the Defence Act 1903. It mandates that Defence Instructions (Air Force) be adhered to, with any existing instructions remaining valid under the updated terminology. Furthermore, it requires all references to "Australia" in the Defence Act 1903 to be replaced with "the Commonwealth," ensuring consistency and clarity in the legal framework governing Defence operations.
Failure to comply with the provisions of the Defence Amendment Act 1976 may result in legal consequences. Although specific offences and penalties are not detailed within the text provided, non-compliance with Defence instructions or statutory amendments can lead to disciplinary action under the Defence Act 1903, including possible criminal charges for serious breaches. The exact nature of the penalties would depend on the severity of the breach and the relevant sections of the Defence Act 1903.