Defence (Parliamentary Candidates) Act 1969

Administered by Department of Defence

Legislation au C1969A00060 In force Act

Legislation content

Defence (Parliamentary Candidates) Act 1969

No. 60, 1969

Compilation No. 9

Compilation date:    1 July 2016

Includes amendments up to: Act No. 164, 2015

Registered:    14 July 2016

 

 

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Defence (Parliamentary Candidates) Act 1969 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part I—Preliminary

1 Short title

2 Commencement

3 Repeal

5 Interpretation

6 Declared date

Part II—Discharge etc. from Defence Force of parliamentary candidates

7 Transfer of officers to Reserve

8 Discharge of enlisted members

9 Termination of continuous fulltime service

Part III—Reinstatement of unsuccessful candidates

10 Reinstatement of officers

11 Reinstatement of enlisted members

12 Reinstatement of members rendering continuous fulltime service

13 Compulsory reinstatement of officers

14 Compulsory reinstatement of enlisted members

Part IV—Miscellaneous

16 Return of member, family and household effects etc. to place of enlistment

17 Refund of gratuity

18 Service of notice

19 Delegation

22 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to make provision in relation to Members of the Defence Force who desire to become Candidates for election as Members of the Parliament of Australia or of a State or of certain other legislative or advisory Bodies

Part I—Preliminary

 

1  Short title

  This Act may be cited as the Defence (Parliamentary Candidates) Act 1969.

2  Commencement

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Repeal

  The Defence (Parliamentary Candidates) Act 1966 is repealed.

5  Interpretation

 (1) In this Act, unless the contrary intention appears:

arm of the Defence Force means the Navy, the Army or the Air Force.

election includes general election.

enlisted member means a member who is not an officer.

member means a member of the Defence Force.

officer means a member who is an officer for the purposes of the Defence Act.

rank includes classification.

Reserve means:

 (a) the Naval Reserve; or

 (b) the Army Reserve; or

 (c) the Air Force Reserve.

Superannuation Rules means the Rules for the administration of the superannuation scheme established under the Military Superannuation and Benefits Act 1991.

the appropriate Reserve, in relation to an officer, means the Reserve that is appropriate to him having regard to the arm of the Defence Force of which he is a member.

the declared date, in relation to an election, means the date on which a notice under section 6 is published in the Gazette in relation to the election.

the Defence Act means the Defence Act 19031966.

the Defence Force means the Defence Force of Australia.

the Defence Forces Retirement Benefits Act means the Defence Forces Retirement Benefits Act 19481969.

the Defence Force Retirement and Death Benefits Act means the Defence Force Retirement and Death Benefits Act 1973.

 (2) In the application of a provision to a person who has been transferred to a Reserve under section 7, to a person who has been discharged from the Defence Force under section 8 or to a person whose continuous fulltime service has been terminated under section 9, a reference in that provision to the relevant election shall be read as a reference to the election in relation to which he made the application in pursuance of which he was so transferred or discharged or his continuous fulltime service was so terminated.

6  Declared date

 (1) Where an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous fulltime service of a member has been terminated under section 9, the Minister shall, when he is satisfied that the result of the relevant election is certain, declare, by notice published in the Gazette, that he is so satisfied.

 (2) The Minister shall, before making a declaration under the last preceding subsection in relation to an election, have regard to any dispute, and any proceedings in relation to a dispute, with respect to the election.

 (3) The Minister may, for the purposes of subsection (1), treat the result of an election as being certain if, at the expiration of thirty days after the return of the writ relating to the election, the validity of the election has not been disputed in accordance with law and the Minister has no reason to believe that it will be so disputed.

Part II—Discharge etc. from Defence Force of parliamentary candidates

 

7  Transfer of officers to Reserve

 (1) Where:

 (a) an officer who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the Chief of the Defence Force to be transferred to the appropriate Reserve; and

 (b) he satisfies the Chief of the Defence Force that he intends, if he is so transferred, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;

the Chief of the Defence Force may transfer him to the appropriate Reserve.

8  Discharge of enlisted members

  Where:

 (a) an enlisted member who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the Chief of the Defence Force to be discharged from that arm of the Defence Force; and

 (b) he satisfies the Chief of the Defence Force that he intends, if he is so discharged, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;

the Chief of the Defence Force may discharge him accordingly.

9  Termination of continuous full‑time service

  Where:

 (a) a member of the Naval Reserve, the Army Reserve or the Air Force Reserve who is rendering continuous fulltime service applies to the Chief of the Defence Force for the termination of that service; and

 (b) he satisfies the Chief of the Defence Force that he intends, if that service is so terminated, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;

the Chief of the Defence Force may terminate that service accordingly.

Part III—Re‑instatement of unsuccessful candidates

 

10  Re‑instatement of officers

 (1) The Chief of the Defence Force may, upon application being made in writing to him by an officer who has been transferred to a Reserve under section 7 for his reinstatement in the force of which he was a member immediately before he was so transferred (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), transfer the officer to that force with the rank held by him immediately before he was transferred to the Reserve.

 (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where an officer is, under the last preceding subsection, transferred to the force of which he was a member immediately before he was transferred to a Reserve under section 7 of this Act, he shall, upon being transferred to that force, be deemed to have continued to have been a member of that force during the period when he was a member of the Reserve but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.

 (3) Where the last preceding subsection applies in relation to an officer who, immediately before he was transferred to a Reserve, was serving under an appointment for a specified period, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under that appointment.

 (4) Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which an officer is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of the officer to long service leave or furlough.

11  Re‑instatement of enlisted members

 (1) The Chief of the Defence Force may, upon application being made in writing to him by a person who has been discharged from an arm of the Defence Force under section 8 for his reinstatement in the force of which he was a member immediately before he was discharged (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), cause the person to be reenlisted in that force with the rank held by him immediately before he was discharged.

 (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is reenlisted in a force by virtue of the last preceding subsection, he shall, upon reenlistment, be deemed to have continued to have been a member of that force during the period commencing upon his being discharged and ending upon his reenlistment but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.

 (3) Where the last preceding subsection applies in relation to a person, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under the engagement under which he was serving immediately before he was discharged.

 (4) Any form of oath or affirmation that a person is, by any law of Australia, required to take or make upon enlistment in an arm of the Defence Force may, in respect of a person who is reenlisted in that arm of the Defence Force by virtue of subsection (1), be modified appropriately.

 (5) Notwithstanding subsection (3) or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.

12  Re‑instatement of members rendering continuous full‑time service

 (1) The Chief of the Defence Force may, upon application being made in writing to him by a person whose continuous fulltime service has been terminated under section 9 for his reinstatement as a member rendering continuous fulltime service (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), cause the person to be accepted for further continuous fulltime service in the part of the Defence Force in which he was serving immediately before his continuous fulltime service was terminated, for such period as is agreed upon between the Chief of the Defence Force and the person, with the rank held by him immediately before his continuous fulltime service was terminated.

 (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is, under the last preceding subsection, accepted for further continuous fulltime service, he shall be deemed to have been absent on leave without pay during the period commencing upon the termination of his continuous fulltime service and ending on the commencement of the further continuous fulltime service.

 (3) Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.

13  Compulsory re‑instatement of officers

 (1) Where:

 (a) an officer has been transferred to a Reserve under section 7;

 (b) the Chief of the Defence Force is satisfied that:

 (i) he was not nominated in the relevant election; or

 (ii) having been nominated in the relevant election, he failed to be elected in that election; and

 (c) he has not made application having effect for the purposes of section 10 for reinstatement in the force of which he was a member immediately before he was transferred to a Reserve;

the Chief of the Defence Force may, by notice in writing served on him before the expiration of a period of one month after the date that is the declared date in relation to the relevant election, require him to make to the Chief of the Defence Force, not later than the expiration of a period of two months after the declared date, application in writing for his reinstatement in the force of which he was a member immediately before he was transferred to the Reserve.

 (2) If, at the expiration of the period of two months after the declared date, the officer has not made application in writing to the Chief of the Defence Force for reinstatement in the force of which he was a member immediately before he was transferred to a Reserve, he shall be deemed to have made such an application on the last day of that period and section 10 applies in relation to him accordingly.

14  Compulsory re‑instatement of enlisted members

 (1) Where:

 (a) a person has been discharged from the Defence Force under section 8;

 (b) the Chief of the Defence Force is satisfied that:

 (i) he was not nominated in the relevant election; or

 (ii) having been nominated in the relevant election, he failed to be elected in that election; and

 (c) he has not made application having effect for the purposes of section 11 for reinstatement in the force of which he was a member immediately before he was discharged;

the Chief of the Defence Force may, by notice in writing served on him before the expiration of a period of one month after the date that is the declared date in relation to the relevant election, require him to make to the Chief of the Defence Force, not later than the expiration of a period of two months after the declared date, application in writing for his reinstatement in the force of which he was a member immediately before his discharge.

 (2) If, at the expiration of the period of two months after the declared date, the person has not made application in writing to the Chief of the Defence Force for reinstatement in the force of which he was a member immediately before he was discharged, he shall be deemed to have made such an application on the last day of that period and on that day to have been reenlisted, in accordance with section 11, in the force of which he was a member immediately before he was discharged, and that section applies in relation to him accordingly.

 (3) Any requirement of any other law of Australia that a person enlisting in an arm of the Defence Force shall take an oath or make an affirmation does not apply in relation to the reenlistment of a person by virtue of the last preceding subsection.

Part IV—Miscellaneous

 

16  Return of member, family and household effects etc. to place of enlistment

 (1) Where an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous fulltime service of a member has been terminated under section 9, the Chief of the Defence Force shall, if he so requests, arrange for him to travel, at the expense of the Defence Force, from the place where he is serving when he is so transferred or discharged, or his continuous fulltime service is terminated, to the place at which he resided immediately before he became a member or to such other place as is agreed upon between him and the Chief of the Defence Force.

 (2) Where:

 (a) at the time a person makes application having effect for the purposes of section 7, 8 or 9, he is serving at a place outside Australia;

 (b) members of his family who are dependent upon him are at that time living at or near the place where he is so serving or at or near a place outside Australia at which he previously served; and

 (c) he has been transferred to a Reserve under section 7, discharged under section 8 or his continuous fulltime service has been terminated under section 9, or the Chief of the Defence Force proposes so transferring or discharging him or terminating his continuous fulltime service under whichever of those sections is applicable;

the Chief of the Defence Force shall, if the person so requests:

 (d) arrange for those members of his family to travel, at the expense of the Defence Force, from the place where they are living referred to in paragraph (b) to the place at which the person resided immediately before he became a member or to such other place in Australia as is agreed upon between the person and the Chief of the Defence Force; and

 (e) arrange for such household furniture and such effects of the person and of those members of his family at the place at which they are so living as the Chief of the Defence Force approves to be brought from that place to the place at which the person resided immediately before he became a member or to such other place as is agreed upon between the person and the Chief of the Defence Force.

 (3) For the purposes of this section, the members of a family, in relation to any person, are taken to include the following (without limitation):

 (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901);

 (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in subsection (4);

 (c) anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family.

 (4) In this section:

child: without limiting who is a child of a person for the purposes of subsection (3), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

dependent means wholly or substantially dependent.

17  Refund of gratuity

 (1) Where:

 (a) an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous fulltime service of a member has been terminated under section 9; and

 (b) subsection (2) of section 10, subsection (2) of section 11 or subsection (2) of section 12 has effect in relation to him;

he shall pay to Australia an amount equal to the amount of any gratuity paid to him upon his being transferred to a Reserve, upon his being discharged or upon his continuous fulltime service being terminated and shall be deemed not to have received that gratuity.

 (2) An amount payable by a person to Australia under this section may be recovered from the person in any court of competent jurisdiction as a debt due to Australia.

 (3) In this section, gratuity includes bounty, but does not include a gratuity paid under the Defence Forces Retirement Benefits Act.

18  Service of notice

  A notice by the Chief of the Defence Force under section 13 or 14 may be served on a person:

 (a) by delivering the notice to the person; or

 (b) by posting the notice by registered post to the person at the address of the person as shown in the records of the arm of the Defence Force of which he is or was a member.

19  Delegation

 (1) The Chief of the Defence Force may, by signed writing, delegate to a person any of his or her powers or functions under this Act.

 (2) A delegation under this section continues in force despite a change in the occupancy of, or a vacancy in, the office of Chief of the Defence Force.

22  Regulations

  The GovernorGeneral may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Defence (Parliamentary Candidates) Act 1969

60, 1969

5 Sept 1969

5 Sept 1969

 

Defence (Parliamentary Candidates) Act 1973

84, 1973

19 June 1973

1 Oct 1972

as amended by

 

 

 

 

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

s. 9(1)

Election Candidates (Public Service and Defence Force) Act 1974

59, 1974

27 Sept 1974

Parts II and III (ss. 3–10): 27 Aug 1974
Remainder: Royal Assent

Defence Force Reorganization Act 1975

96, 1975

9 Sept 1975

ss. 139(a), (c), (d), 140–143, 144(a), (b), (d), 145, 146(a), (b), (d), (e), 147(b), (c), 149, 151 and 152: 9 Feb 1976 (see Gazette 1975, No. G42) (a)
ss. 138, 139(b), 144(c), 146(c), 147(a), 148, 150, 153 and 154: 28 Oct 1975 (see Gazette 1975, No. G42) (a)

s. 155

Statute Law Revision Act 1981

61, 1981

12 June 1981

s. 115: Royal Assent (b)
s. 116: 30 Sept 1983 (see Gazette 1983, No. S222) (b)

Defence Force Superannuation Legislation Amendment Act 1991

126, 1991

2 Sept 1991

s 32–36: 2 Sept 1991 (s 2(1))

Defence Legislation Amendment Act (No. 1) 1997

1, 1997

19 Feb 1997

Sch 2 (items 5, 24, 25, 50, 81, 82, 89, 107, 108, 130, 143, 144): 19 Feb 1997 (s 2(1))

Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001

10, 2001

22 Mar 2001

Sch 2 (items 56–59, 94, 95): 19 Apr 2001 (s 2(1))

Sch 2 (items 94, 95)

SameSex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008

144, 2008

9 Dec 2008

Sch 4 (item 47): 10 Dec 2008 (s 2(1) item 12)

Statute Law Revision Act (No. 1) 2014

31, 2014

27 May 2014

Sch 5 (item 3): 24 June 2014 (s 2(1) item 7)

Defence Legislation Amendment (First Principles) Act 2015

164, 2015

2 Dec 2015

Sch 2 (items 30–35): 1 July 2016 (s 2(1) item 2)

 

(a) The Defence (Parliamentary Candidates) Act 1969 was amended by sections 139–154 only of the Defence Force Reorganization Act 1975, section 2 of which provides as follows:

 2 This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.

(b) The Defence (Parliamentary Candidates) Act 1969 was amended by sections 115 and 116 only of the Statute Law Revision Act 1981, subsections 2(1) and (2) of which provide as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

 (2) Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation.

Endnote 4—Amendment history

 

Provision affected

How affected

Title ...................

am. No. 59, 1974

Part I

 

s. 4 ....................

rep. No. 216, 1973

s. 5 ....................

am. No. 84, 1973; No. 96, 1975; No. 61, 1981; No. 126, 1991; No. 1, 1997; No. 10, 2001; No. 164, 2015

s. 6 ....................

am. No. 96, 1975

Part II

 

s 7.....................

am. No. 59, 1974; No. 96, 1975; No. 1, 1997; No. 10, 2001; No 31, 2014; No. 164, 2015

s 8.....................

am. No. 59, 1974; No. 96, 1975; No. 1, 1997; No. 10, 2001; No 31, 2014; No. 164, 2015

s. 9 ....................

am. No. 59, 1974; No. 96, 1975; No. 61, 1981; No. 1, 1997; No. 10, 2001; No 31, 2014; No. 164, 2015

Part III

 

s 10....................

am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997; No. 164, 2015

s 11....................

am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997; No. 164, 2015

s 12....................

am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997; No. 164, 2015

s. 13 ...................

am. No. 96, 1975; No. 1, 1997; No. 164, 2015 

s. 14 ...................

am. No. 96, 1975; No. 61, 1981; No. 1, 1997; No. 164, 2015

s. 15 ...................

am. No. 84, 1973

 

rep. No. 96, 1975

Part IV

 

s. 16....................

am. No. 96, 1975; No. 1, 1997; No. 144, 2008; No. 164, 2015

s. 17....................

am. No. 96, 1975

s. 18 ...................

am. No. 96, 1975; No. 1, 1997; No. 164, 2015

s. 19 ...................

rs. No. 96, 1975; No. 164, 2015

 

am. No. 1, 1997

ss. 20, 21 ................

rep. No. 96, 1975 

 

Overview

The Defence (Parliamentary Candidates) Act 1969 was enacted to address the issue of members of the Defence Force who wish to stand for election as parliamentary candidates. The Act provides a framework for the discharge or transfer of Defence Force members who seek to enter politics, ensuring they can do so without compromising their military service. It also provides for the reinstatement of unsuccessful candidates back into the Defence Force. The Act was enacted by the Australian Parliament and includes provisions that enable the Chief of the Defence Force to transfer officers to the Reserve or discharge enlisted members if they intend to stand for election, with provisions for reinstatement if they are unsuccessful.

Scope and Application

The Defence (Parliamentary Candidates) Act 1969 applies to members of the Defence Force who intend to become candidates for election as members of the Parliament of Australia or of a State, or for the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory. This includes officers, enlisted members, and those rendering continuous full-time service in the Defence Force. The Act operates throughout Australia, as it pertains to the Defence Force of Australia and elections at various levels of government within the country. The Act does not explicitly state exclusions or exemptions, but its provisions are contingent upon specific conditions being met, such as the intention to become a parliamentary candidate and the outcome of the election. The Act may be extended or restricted through subordinate instruments, as indicated by the power of the Governor-General to make regulations not inconsistent with the Act. The Act has been amended by various other Acts, reflecting changes in the legislative landscape and the Defence Force over time.

Key Provisions

The Defence (Parliamentary Candidates) Act 1969 (Cth) provides mechanisms for members of the Australian Defence Force (ADF) who wish to become candidates for election to Parliament or other legislative bodies. Section 7 allows for the transfer of officers from the Permanent Navy, the Regular Army, or the Permanent Air Force to the appropriate Reserve if they intend to become parliamentary candidates. Section 8 allows for the discharge of enlisted members from the same forces under similar conditions. Section 9 permits the termination of continuous full-time service of members of the Naval Reserve, Army Reserve, or Air Force Reserve for those wishing to become candidates. These provisions require the Chief of the Defence Force to be satisfied of the applicant's intentions and the certainty of the election results. The Act also outlines the conditions for the reinstatement of officers and enlisted members who do not get elected. Section 10 allows for the reinstatement of officers transferred to a Reserve under Section 7, provided they apply within two months of the declared date. Section 11 allows for the re-enlistment of discharged enlisted members under similar conditions. Section 12 allows for the reinstatement of members rendering continuous full-time service whose service has been terminated under Section 9. Sections 13 and 14 mandate the reinstatement of unsuccessful candidates if they do not apply for reinstatement within the specified timeframe. Additionally, the Act includes provisions for the return of personal effects, family relocation, and the refund of gratuities. Section 16 mandates the Chief of the Defence Force to arrange for the travel of the member and their family to their place of enlistment or another agreed location. Section 17 requires unsuccessful candidates to refund any gratuities received upon transfer, discharge, or termination of service. The Act imposes several obligations on the parties it governs. Members of the ADF who wish to become candidates must apply to the Chief of the Defence Force and satisfy them of their intentions and the certainty of the election results. Unsuccessful candidates must apply for reinstatement within the specified timeframe or face compulsory reinstatement. The Chief of the Defence Force has the authority to transfer, discharge, terminate service, and reinstate members as per the Act's provisions. The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, it is implied that failure to comply with the Act's provisions, such as not applying for reinstatement within the specified timeframe, could result in compulsory reinstatement or other administrative actions. Additionally, the requirement to refund gratuities upon failure to be elected suggests a financial consequence for non-compliance. While the Act does not specify maximum penalties, breaches of military regulations or administrative actions could result in disciplinary measures under other legislation governing the ADF.

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Area of Law
Military Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
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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.