DEFENCE AMENDMENT ACT (No. 2) 1977
No. 20 of 1977
An Act to amend sections 80b and 83 of 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 (No. 2) 1977.
(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.
3. Section 80b of the Principal Act is repealed and the following section substituted:—
Improper use of service decorations.
“80b. (1) Subject to this section, a person shall not wear a service decoration unless he is the person upon whom the decoration was conferred.
“(2) Where the person upon whom a service decoration was conferred has died, it is not an offence against sub-section (1) for a member of the family of that person to wear the service decoration if the member of the family does not represent himself as being the person upon whom the decoration was conferred.
“(3) It is not an offence against sub-section (1) for a person to wear a service decoration in the course of a dramatic or other visual representation (including such a representation to be televised) or in the making of a cinematograph film.
“(4) A person shall not falsely represent himself as being the person upon whom a service decoration has been conferred.
“(5) A person shall not deface or destroy, by melting or otherwise, a service decoration.
Penalty: $100.”.
Unauthorized use, possession or supply of uniforms and emblems.
4. Section 83 of the Principal Act is amended by omitting sub-section (5) and substituting the following sub-section:—
“(5) It is not an offence against this section for a person to wear a uniform or emblem to which this section applies in the course of a dramatic or other visual representation (including such a representation to be televised) or in the making of a cinematograph film.”.
Overview
The Defence Amendment Act (No. 2) 1977 was enacted by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia, with the primary intent to amend sections 80b and 83 of the Defence Act 1903. This legislation was introduced to address issues surrounding the improper use of service decorations and uniforms, providing clearer guidelines and exceptions under which these items may be worn or displayed without legal repercussions. The Defence Amendment Act (No. 2) 1977 aims to refine the existing laws to ensure that they more accurately reflect contemporary practices, particularly in the realms of media and entertainment, while maintaining respect for military honours and traditions.
Scope and Application
The Defence Amendment Act (No. 2) 1977 amends sections 80b and 83 of the Defence Act 1903, applying to individuals and entities within the Commonwealth of Australia. Specifically, the Act regulates the improper use of service decorations, prohibiting individuals from wearing a service decoration unless they are the person upon whom the decoration was conferred. The Act also allows for exceptions where family members wear the decoration without misrepresenting themselves as the recipient and in cases of dramatic or visual representation or film-making. It further criminalises the false representation of being the recipient of a service decoration, as well as the defacing or destruction of such decorations. Regarding uniforms and emblems, the Act exempts their use in dramatic or visual representations or film-making from the scope of the offence. This Act applies nationally and there are no stated exclusions or exemptions beyond the specified provisions. The Act’s application may be extended or restricted through subordinate instruments as necessary.
Key Provisions
The Defence Amendment Act (No. 2) 1977 introduces significant amendments to the Defence Act 1903, primarily concerning the use of service decorations, uniforms, and emblems. Section 80b of the Defence Act 1903 is repealed and substituted with new provisions that outline the proper use of service decorations. According to section 80b(1) of the amending Act, only the person to whom a service decoration was originally conferred is permitted to wear it. However, if the original recipient has passed away, a family member may wear the decoration provided they do not claim to be the original recipient, as stated in section 80b(2). Exceptions are also made for the use of service decorations in dramatic or visual representations, including television and cinematograph films, under section 80b(3). Furthermore, section 80b(4) prohibits individuals from falsely claiming to be the recipients of such decorations, and section 80b(5) forbids the defacement or destruction of service decorations, with a penalty of $100 for any breach.
The Act imposes specific obligations on individuals regarding the proper use and respect of service decorations, uniforms, and emblems. Under the new section 80b, individuals must ensure they do not wear a service decoration unless they are the rightful recipient, avoid falsely claiming to be the recipient, and refrain from defacing or destroying any such decorations. Additionally, section 83(5) of the Defence Act 1903 is amended to clarify that wearing a uniform or emblem in the context of a dramatic or visual representation or in film-making does not constitute an offence. These provisions underscore the importance of maintaining the integrity and honour associated with military decorations and uniforms.
Breaches of the provisions outlined in section 80b of the amending Act are subject to penalties. Specifically, section 80b(4) and (5) establish that falsely claiming to be the recipient of a service decoration or defacing or destroying a decoration is an offence, with a penalty of $100 for each breach. These penalties reflect the seriousness with which the Act treats the misuse and dishonouring of military decorations, ensuring that such actions are appropriately deterred and sanctioned.