Defence Legislation Amendment Act 1988

Legislation au C2004A03693 Not in force Act

Select Document

No. 100 of 1988

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENT OF DEFENCE ACT 1903

3. Principal Act

4. Resignation of officers

5. Discharge of soldiers who are enlisted until attaining retiring age

PART III—AMENDMENT OF DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973

6. Principal Act

7. Commutation of retirement pay

8. Commutation of Class C invalidity pay

PART IV—AMENDMENT OF DEFENCE HOUSING AUTHORITY ACT 1987

9. Principal Act

10. Interpretation

11. Constitution

12. Termination of appointment

13. Acting appointments

PART V—AMENDMENT OF NAVAL DEFENCE ACT 1910

14. Principal Act

15. Resignation of officers

16. Discharge of sailors who are enlisted until attaining retiring age

Defence Legislation Amendment Act 1988

No. 100 of 1988

An Act to amend certain Acts relating to Defence

[Assented to 2 December 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Defence Legislation Amendment Act 1988.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Section 5 commences, or shall be taken to have commenced, as the case requires, immediately after the commencement of section 16 of the Defence Legislation Amendment Act 1987.

(3) Section 16 commences, or shall be taken to have commenced, as the case requires, immediately after the commencement of section 64 of that Act.

PART II—AMENDMENT OF DEFENCE ACT 1903

Principal Act

3. In this Part, “Principal Act” means the Defence Act 19031.

Resignation of officers

4. Section 17 of the Principal Act is amended:

(a) by omitting from subparagraph (2) (c) (i) “special” (first occurring);

(b) by omitting from subparagraph (2) (c) (ii) “or” (first occurring) and substituting “and”.

Discharge of soldiers who are enlisted until attaining retiring age

5. Section 39 of the Principal Act is amended:

(a) by omitting from subparagraph (5) (b) (i) “special” (first occurring);

(b) by omitting from subparagraph (5) (b) (ii) “or” (first occurring) and substituting “and”.

PART III—AMENDMENT OF DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973

Principal Act

6. In this Part, “Principal Act” means the Defence Force Retirement and Death Benefits Act 19732.

Commutation of retirement pay

7. Section 24 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsections:

“(1) A person who is, or is about to become, entitled to retirement pay may, by notice in writing given to the Authority, elect to commute a portion of his or her retirement pay in accordance with this section.

“(1aa) A notice under subsection (1) shall be given not earlier than 3 months before becoming entitled to retirement pay and not later than one year after becoming so entitled or such further period as the Authority, in special circumstances, allows.”;

(b) by omitting “recipient member” (wherever occurring) and substituting “person”;

(d) by omitting from subsection (2a) “was entitled” and substituting “was or will be entitled”;

(e) by adding at the end of subsection (4) “or the day following the day on which the person retires, whichever is the later”.

Commutation of Class C invalidity pay

8. Section 32a of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsection:

“(1) This section applies to a member of the scheme who:

(a) is, or is to be, retired after the commencement of this section; and

(b) on retirement, is, or is likely to be, classified as Class C under section 30 and entitled to invalidity pay.”;

(b) by omitting subsection (2) and substituting the following subsections:

“(2) A member of the scheme to whom this section applies may, by notice in writing given to the Authority, elect to commute a portion of his or her invalidity pay in accordance with this section.

“(2a) A notice under subsection (2) shall be given not earlier than 3 months before becoming entitled to invalidity pay and not later than one year after becoming so entitled or such further period as the Authority, in special circumstances, allows.”;

(d) by inserting after subsection (5) the following subsection:

“(5a) If a member of the scheme:

(a) makes an election under this section before becoming entitled to invalidity pay; and

(b) is subsequently classified otherwise than as Class C under section 30;

the election has no effect.”;

(e) by adding at the end of subsection (6) “or the day following the day on which the member of the scheme retires, whichever is the later”.

PART IV—AMENDMENT OF DEFENCE HOUSING AUTHORITY ACT 1987

Principal Act

9. In this Part, “Principal Act” means the Defence Housing Authority Act 19873

Interpretation

10. Section 3 of the Principal Act is amended by omitting from the definition of “appointed member” in subsection (1) “12 (1) (e)” and substituting “12 (1) (ca) or (e)”.

Constitution

11. Section 12 of the Principal Act is amended:

(a) by inserting after paragraph (1) (c) the following paragraph:

“(ca) the spouse of a member of the Defence Force, being a member of the Defence Force who is rendering continuous full-time service;”;

(b) by omitting from paragraph (1) (e) “3” and substituting “4”;

“(1a) In paragraph (1) (ca):

‘spouse’, in relation to a person, includes a person of the opposite sex who, although not legally married to the first-mentioned person, lives with that person as the husband or wife of that person on a genuine domestic basis.”.

Termination of appointment

12. Section 21 of the Principal Act is amended by inserting after paragraph (2) (a) the following paragraph:

“(aa) a person appointed as a member referred to in paragraph 12 (1) (ca) ceases to come within the description in that paragraph;”.

Acting appointments

13. Section 23 of the Principal Act is amended by omitting from subsection (2) “12 (1) (e)” and substituting “12 (1) (ca) or (e)”.

PART V—AMENDMENT OF NAVAL DEFENCE ACT 1910

Principal Act

14. In this Part, “Principal Act” means the Naval Defence Act 19104.

Resignation of officers

15. Section 13 of the Principal Act is amended:

(a) by omitting from subparagraph (2) (c) (i) “special” (first occurring);

(b) by omitting from subparagraph (2) (c) (ii) “or” (first occurring) and substituting “and”.

Discharge of sailors who are enlisted until attaining retiring age

16. Section 28 of the Principal Act is amended:

(a) by omitting from subparagraph (5) (b) (i) “special” (first occurring);

(b) by omitting from subparagraph (5) (b) (ii) “or” (first occurring) and substituting “and”.

NOTES

1. No. 20, 1903, as amended. For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50, 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939; No. 4, 1941; No. 11, 1945; No. 78, 1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975 (as amended by No. 164, 1984); Nos. 4 and 20, 1977; Nos. 19 and 155, 1979; No. 132, 1979 (as amended by No. 80, 1982); No. 70, 1980; Nos. 61 and 178, 1981; No. 80, 1982; No. 153, 1982 (as amended by No. 164, 1984); No. 39, 1983; Nos. 164 and 165, 1984; Nos. 65 and 193, 1985; No. 76, 1986; and No. 65, 1987.

2. No. 81, 1973, as amended. For previous amendments, see No. 59, 1974; No. 96, 1975; No. 33, 1976; Nos. 13 and 161, 1977; No. 36, 1978; Nos. 15 and 135, 1979; Nos. 61, 92 and 144, 1981; No. 164, 1984; No. 65, 1985; No. 93, 1986; and No. 65, 1987.

3. No. 101, 1987.

4. No. 30, 1910, as amended. For previous amendments, see No. 16, 1911; No. 21, 1912; No. 45, 1918; No. 45, 1934; No. 35, 1948; No. 72, 1949; No. 14, 1952; No. 93, 1964; No. 53, 1965; No. 93, 1966; No. 24, 1968; No. 14, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975 (as amended by No. 164, 1984); No. 133, 1979; No. 61, 1981; No. 153, 1982 (as amended by No. 164, 1984); No. 39, 1983; Nos. 164 and 165, 1984; No. 65, 1985; No. 76, 1986; and No. 65, 1987.

[Minister’s second reading speech made in—

House of Representatives on 27 April 1988

Senate on 24 May 1988]

Overview

The Defence Legislation Amendment Act 1988 was enacted by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, on 2 December 1988. This Act was introduced to address various issues and gaps in existing defence-related legislation, including the Defence Act 1903, the Defence Force Retirement and Death Benefits Act 1973, the Defence Housing Authority Act 1987, and the Naval Defence Act 1910. By amending these Acts, the legislation aimed to streamline and update the legal framework governing defence personnel, their benefits, and related administrative procedures. The Defence Legislation Amendment Act 1988 achieved this by making a series of amendments to the specified Acts, such as modifying the conditions for the resignation of officers, altering the criteria for the discharge of enlisted personnel, and updating the procedures for the commutation of retirement and invalidity pay. Additionally, it introduced changes to the Defence Housing Authority Act 1987 to better define the composition and responsibilities of the authority, and made corresponding amendments to the Naval Defence Act 1910 to align it with the changes made to the Defence Act 1903. These amendments collectively aimed to ensure that the legislation remained relevant and effective in managing the defence force and its personnel.

Scope and Application

The Defence Legislation Amendment Act 1988 applies to various pieces of legislation concerning the Australian Defence Force, specifically the Defence Act 1903, the Defence Force Retirement and Death Benefits Act 1973, the Defence Housing Authority Act 1987, and the Naval Defence Act 1910. The Act is applicable to officers and soldiers within the Defence Force, as well as to the Defence Force Retirement and Death Benefits Authority and the Defence Housing Authority. This legislation amends the provisions of these Acts to address issues such as the resignation of officers, the discharge of enlisted soldiers and sailors until they reach the retiring age, the commutation of retirement and invalidity pay, and the appointment and termination of members within the Defence Housing Authority. The Act extends to the Commonwealth of Australia and its territories, and its provisions are not subject to any stated exclusions or exemptions. The application of the Act may be further extended or restricted through subordinate instruments, although the primary focus of this legislation is to amend the specified Acts to provide for more efficient and equitable practices within the Defence Force and related authorities.

Key Provisions

The Defence Legislation Amendment Act 1988 (Act) amends several key pieces of defence-related legislation. The Act commences on the day it receives Royal Assent, with specific sections having staggered commencement dates as referenced in the Act. Under Part II, the Defence Act 1903 is amended to allow for the resignation of officers by removing certain restrictions and to allow the discharge of soldiers enlisted until they attain the retiring age by altering specific conditions. Part III amends the Defence Force Retirement and Death Benefits Act 1973 to provide for the commutation of retirement pay and Class C invalidity pay, allowing eligible persons to elect to commute a portion of their entitlements under certain conditions and timeframes. The Act imposes various obligations and requirements on the parties it governs. For example, officers under the Defence Act 1903 must adhere to the new conditions set forth for resignation and discharge. Similarly, individuals eligible for retirement and invalidity pay under the Defence Force Retirement and Death Benefits Act 1973 must comply with the new rules for commuting their entitlements, including timely notification and specific eligibility criteria. Furthermore, the Defence Housing Authority Act 1987 is amended to include the spouse of a Defence Force member who is rendering continuous full-time service among those eligible for appointment, with specific provisions for the termination of such appointments. Breach of the provisions set out in the Act may lead to various consequences. While the Act itself does not explicitly state the penalties for non-compliance, breaches of defence-related legislation generally attract serious consequences under the relevant principal Acts. These may include fines, imprisonment, or other civil or administrative penalties depending on the nature and severity of the breach. The specific penalties would be determined in accordance with the provisions of the Defence Act 1903, the Defence Force Retirement and Death Benefits Act 1973, and other applicable laws.

Area of Law: Defence & Military Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Transitional Provisions; Enforcement Powers; 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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions