Defence Legislation Amendment Act 2011

Administered by Department of Defence

Legislation au C2011A00183 In force Act

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Defence Legislation Amendment Act 2011

 

No. 183, 2011

 

 

 

 

 

An Act to amend legislation relating to defence, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments relating to cadets

Air Force Act 1923

Defence Act 1903

Naval Defence Act 1910

 

 

 

Defence Legislation Amendment Act 2011

No. 183, 2011

 

 

 

An Act to amend legislation relating to defence, and for related purposes

[Assented to 6 December 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Defence Legislation Amendment Act 2011.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

6 December 2011

2.  Schedule 1

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 day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 March 2012
(see F2012L00395)

Note:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments relating to cadets

 

Air Force Act 1923

1  Subsection 4G(1)

Omit “(1)”.

2  Before subsection 8(2)

Insert:

Constitution of the Australian Air Force Cadets

3  Before subsection 8(3)

Insert:

Relationship to the Air Force

4  Before subsection 8(5)

Insert:

Age requirements for cadets

5  Subsections 8(5) and (6)

After “he”, insert “or she”.

6  Before subsection 8(7)

Insert:

Regulations about the Australian Air Force Cadets

7  Before subsection 8(9)

Insert:

Administration of the Australian Air Force Cadets

8  Subsection 8(9)

Omit “and to the directions of the Minister, the Chief of Air Force shall”, substitute “, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Air Force is to”.

9  At the end of section 8

Add:

 (10) A direction of the Chief of the Defence Force under subsection (9) is subject to, and must be in accordance with, any directions of the Minister.

10  Before subsection 8A(1)

Insert:

Delegation by the Chief of Air Force

11  Subsection 8A(1)

After “his”, insert “or her”.

12  After subsection 8A(1)

Insert:

Delegation by the Chief of the Defence Force

 (1A) The Chief of the Defence Force may, by instrument in writing, delegate to the Vice Chief of the Defence Force his or her power under subsection 8(9).

13  Before subsection 8A(2)

Insert:

General provisions about delegations

14  Subsections 8A(3), (3A) and (4)

Omit “Chief of Air Force”, substitute “person who made the delegation”.

15  Subsection 8A(5)

Omit “Chief of Air Force”, substitute “the person who made the delegation”.

16  Subsection 8A(6)

Omit “Chief of Air Force”, substitute “person who made the delegation”.

Defence Act 1903

17  Paragraphs 4(2)(a) to (h)

Repeal the paragraphs, substitute:

 (a) a reference to the Naval Forces or the Navy is to be read as a reference to the Australian Navy; and

 (b) a reference to the Military Forces or the Army is to be read as a reference to the Australian Army; and

 (c) a reference to the Air Force is to be read as a reference to the Australian Air Force; and

 (d) a reference to the Chief of the Defence Force is to be read as a reference to the Chief of the Defence Force appointed under section 9; and

 (e) a reference to the Vice Chief of the Defence Force is to be read as a reference to the Vice Chief of the Defence Force appointed under section 9AA; and

 (f) a reference to the Chief of Navy is to be read as a reference to the Chief of Navy appointed under section 9; and

 (g) a reference to the Chief of Army is to be read as a reference to the Chief of Army appointed under section 9; and

 (h) a reference to the Chief of Air Force is to be read as a reference to the Chief of Air Force appointed under section 9; and

 (i) a reference to a service chief is to be read as a reference to the Chief of Navy, the Chief of Army or the Chief of Air Force, as the case requires.

18  Before subsection 62(2)

Insert:

Constitution of the Australian Army Cadets

19  Before subsection 62(3)

Insert:

Relationship to the Army

20  Before subsection 62(5)

Insert:

Age requirements for cadets

21  Subsections 62(5) and (6)

After “he”, insert “or she”.

22  Before subsection 62(7)

Insert:

Regulations about the Australian Army Cadets

23  Before subsection 62(9)

Insert:

Administration of the Australian Army Cadets

24  Subsection 62(9)

Omit “and to the directions of the Minister, the Chief of Army shall”, substitute “, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Army is to”.

25  At the end of section 62

Add:

 (10) A direction of the Chief of the Defence Force under subsection (9) is subject to, and must be in accordance with, any directions of the Minister.

26  Before subsection 120A(2)

Insert:

Delegations by the Governor‑General

27  Before subsection 120A(3A)

Insert:

Delegations of jointly held powers by the Secretary and Chief of the Defence Force

28  After subsection 120A(3D)

Insert:

Delegations by the Chief of the Defence Force

 (3DA) The Chief of the Defence Force may, by instrument in writing, delegate to the Vice Chief of the Defence Force, his or her power under subsection 62(9).

29  Before subsection 120A(4)

Insert:

Delegations by the Chief of Army

30  Subsection 120A(4)

After “his”, insert “or her”.

31  Before subsection 120A(4A)

Insert:

Delegations by the Chief of Navy

32  Subsection 120A(4A)

After “his”, insert “or her”.

33  Before subsection 120A(4B)

Insert:

Delegations by the Chief of Air Force

34  Subsection 120A(4B)

After “his”, insert “or her”.

35  Before subsection 120A(5)

Insert:

General provisions about delegations

Naval Defence Act 1910

36  Before subsection 38(2)

Insert:

Constitution of the Australian Navy Cadets

37  Before subsection 38(3)

Insert:

Relationship to the Navy

38  Subsection 38(4)

After “cadet”, insert “in the Australian Navy Cadets”.

39  Before subsection 38(5)

Insert:

Age requirements for cadets

40  Subsections 38(5) and (6)

After “he”, insert “or she”.

41  Subsection 38(7)

Repeal the subsection, substitute:

Regulations about the Australian Navy Cadets

 (7) The regulations may make provision for or in relation to the organization, maintenance, regulation, control and discipline of the Australian Navy Cadets and, in particular, for and in relation to:

 (a) the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made; and

 (b) the promotion of members.

42  Saving provision—regulations

The repeal of subsection 38(7) of the Naval Defence Act 1910 by this Schedule does not affect the continuity of regulations made under that subsection that are in force immediately before this Schedule commences.

43  Section 39

Before “Subject”, insert “(1)”.

44  Section 39

Omit “and to the directions of the Minister, the Chief of Navy shall”, substitute “, to any directions of the Minister and to any directions of the Chief of the Defence Force, the Chief of Navy is to”.

45  At the end of section 39

Add:

 (2) A direction of the Chief of the Defence Force under subsection (1) is subject to, and must be in accordance with, any directions of the Minister.

46  Before subsection 44B(3)

Insert:

Delegation by the Chief of Navy

47  Subsection 44B(3)

After “his”, insert “or her”.

48  After subsection 44B(3)

Insert:

Delegation by the Chief of the Defence Force

 (3A) The Chief of the Defence Force may, by instrument in writing, delegate to the Vice Chief of the Defence Force, his or her power under subsection 39(1).

49  Before subsection 44B(4)

Insert:

Delegation by the authorized person

50  Subsection 44B(4)

After “his”, insert “or her”.

51  Before subsection 44B(5)

Insert:

General provisions about delegations

52  Before subsection 44B(10)

Insert:

Definition of authorized person

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 18 August 2011

Senate on 15 September 2011]

(154/11)

 

Overview

The Defence Legislation Amendment Act 2011 (No. 183, 2011) was enacted by the Parliament of Australia to amend existing defence-related legislation, particularly focusing on the administration and regulation of the Australian Air Force Cadets, Australian Army Cadets, and Australian Navy Cadets. This Act was introduced to address gaps in the current legislative framework concerning the constitutional, administrative, and regulatory aspects of the cadet services within the Australian Defence Force. The enactment aimed to ensure consistency and clarity in the roles, responsibilities, and authority structures within these cadet services, while also reflecting modern legislative standards and practices. The Act came into effect on 6 December 2011, with subsequent provisions taking effect on 1 March 2012.

Scope and Application

The Defence Legislation Amendment Act 2011 amends existing legislation relating to defence, specifically addressing the Australian Air Force Cadets, Australian Army Cadets, and Australian Navy Cadets. This Act applies to these cadet organisations, which are integral parts of the Australian Defence Force (ADF). The amendments aim to update and clarify the legal framework governing the constitution, administration, and operational aspects of these cadet bodies, ensuring they align with modern standards and practices. The geographic scope of this Act is national, applying across Australia as it pertains to Commonwealth defence legislation. The amendments do not specify exclusions or exemptions, meaning they apply broadly to all aspects of the cadet organisations unless otherwise defined in the subordinate regulations. The Act also allows for further detail and specific provisions to be established through regulations, which can extend or restrict the application of the amended provisions as necessary. The amendments came into effect on 6 December 2011 for some provisions and on a date to be fixed by proclamation for others, with a default commencement date of 1 March 2012 if not otherwise specified.

Key Provisions

The Defence Legislation Amendment Act 2011 (C2011A00183) makes significant changes to the Air Force Act 1923, the Defence Act 1903, and the Naval Defence Act 1910, primarily concerning the constitution, administration, and regulation of the Australian Air Force, Army, and Navy Cadets, respectively. These changes are outlined in Schedule 1 of the Act, which includes detailed amendments and insertions into the existing statutes. For example, in the Air Force Act 1923, new subsections are inserted to address the constitution, relationship, age requirements, and regulations concerning the Australian Air Force Cadets. Similar amendments are made in the Defence Act 1903 and the Naval Defence Act 1910 for the Army and Navy Cadets, respectively. Additionally, the Act modifies the references to various defence forces and chiefs within these Acts to ensure consistency and clarity. The Act imposes several obligations on the relevant parties, including the Chiefs of the Defence Force, the Air Force, the Army, and the Navy. For instance, the Chief of the Defence Force is now responsible for giving directions to the Chiefs of the Air Force, Army, and Navy, which must align with any directives from the Minister. Furthermore, the Act allows for delegation of powers by these Chiefs, with specific provisions for delegations by the Chief of the Defence Force to the Vice Chief of the Defence Force. It also mandates the creation of regulations governing the organisation, maintenance, discipline, and promotion of cadets within the respective services. Violations of the provisions set out in the Defence Legislation Amendment Act 2011 can lead to various consequences, depending on the nature and severity of the breach. While the Act itself does not explicitly outline specific penalties for non-compliance, breaches of defence-related legislation typically fall under the jurisdiction of the Defence Force Discipline Act 1982 and other related statutes, which can impose both criminal and civil penalties. For instance, failure to adhere to the regulations governing cadets could result in disciplinary action against military personnel or cadets, including fines or imprisonment. Additionally, civil consequences might include lawsuits for damages arising from non-compliance with the statutory obligations.

Legal classification tags

Area of Law
Defence Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegation by the Chief of the Defence Force

Interactions

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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.