Defence (Parliamentary Candidates) Act 1973

Overview

The Defence (Parliamentary Candidates) Act 1973 was enacted by the Australian Parliament to amend the Defence (Parliamentary Candidates) Act 1969, addressing the need to update provisions related to the Retirement and Death Benefits Scheme for Members of the Defence Force. The Act came into operation on 1 October 1972 and was assented to on 19 June 1973. The principal objective of the Act is to incorporate the provisions of the Defence Force Retirement and Death Benefits Act 1973 into the existing framework governing the reinstatement of officers, enlisted members, and national servicemen within the Defence Force. This legislative update ensures that the benefits and entitlements of Defence Force members are aligned with the new retirement and death benefits scheme.

Scope and Application

The Defence (Parliamentary Candidates) Act 1973 applies to individuals who are parliamentary candidates in Australia and who are current or former members of the Australian Defence Force. It amends the Defence (Parliamentary Candidates) Act 1969 to include provisions related to the Retirement and Death Benefits Scheme for Members of the Defence Force. The Act pertains specifically to the reinstatement of officers, enlisted members, and national servicemen under certain conditions as outlined in the Defence Force Retirement and Death Benefits Act 1973. It extends its jurisdiction across the Commonwealth of Australia, and its provisions are intended to ensure that parliamentary candidates who are also members of the Defence Force retain their rights and benefits under the Defence Force Retirement and Death Benefits Act 1973. The Act does not explicitly state any exclusions or thresholds, and it does not extend its application beyond the specific amendments it makes to the Principal Act. The application of the Act can be further defined or refined through subordinate instruments or regulations, though these are not detailed within the primary text of the Act itself.

Key Provisions

The Defence (Parliamentary Candidates) Act 1973 amends the Defence (Parliamentary Candidates) Act 1969 to incorporate provisions related to the Retirement and Death Benefits Scheme for Members of the Defence Force. This Act, as amended, may be referred to as the Defence (Parliamentary Candidates) Act 1969–1973. It came into effect on 1 October 1972. The Act includes amendments to the definitions and provisions concerning the reinstatement of officers, enlisted members, and national servicemen, ensuring that these sections now also comply with the Defence Force Retirement and Death Benefits Act 1973. The Act imposes specific obligations on the parties it governs, particularly those related to the reinstatement of officers, enlisted members (excluding national servicemen), and members rendering continuous full-time service. These obligations ensure that the terms of the Defence Force Retirement and Death Benefits Act 1973 are integrated into the reinstatement processes outlined in the Defence (Parliamentary Candidates) Act 1969. For national servicemen, the Act similarly mandates that the Defence Force Retirement and Death Benefits Act 1973 provisions be considered in their reinstatement process. Breach of the provisions in this Act may result in civil or criminal consequences, although specific penalties are not detailed within the text. However, it is implied that the penalties for non-compliance with the Defence Force Retirement and Death Benefits Act 1973, which are referenced within this Act, could apply. These penalties could include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Defence Force Retirement and Death Benefits Act 1973. The maximum penalties would be determined by the relevant sections of the Defence Force Retirement and Death Benefits Act 1973.