EXPLANATORY STATEMENT
Issued by the authority of the Parliamentary Secretary for Defence
Defence Legislation Amendment Act 2011
Proclamation
Subsection 2(1) of the Defence Legislation Amendment Act 2011 (the Act) provides that Schedule 1 of the Act commences on a single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the date this Act receives the Royal Assent, they commence on the day after the end of that six month period. The Act received the Royal Assent on 6 December 2011.
The purpose of the Proclamation is to fix 1 March 2012 as the day on which Schedule 1 to the Act commences.
Schedule 1 amended the Defence Act 1903, Naval Defence Act 1910 and the
Air Force Act 1923 to provide that a Service Chief’s day to day administrative responsibility for their respective Service cadets is subject to the direction of the Minister or the Chief of the Defence Force (CDF). The amendments also provide the CDF with a delegation making power (to the Vice Chief of the Defence Force (VCDF)) in relation to cadet responsibility and direction.
The Proclamation concerns the commencement of Schedule 1 of the Act which is necessary to enable the CDF or his delegate to immediately issue a directive to the Chief of Army, Chief of Navy and the Chief of the Air Force in relation to the administration of their respective ADF Cadet organisations.
The office of the Chief of Army, Chief of Navy and the Chief of the Air Force and Defence Legal were consulted in the preparation of the instrument.
The Proclamation is a legislative instrument for the purposes of the
Legislative Instruments Act 2003.
This Proclamation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary) Act 2011.
Authority: Subsection 2(1) of the Defence Legislation Amendment Act 2011