Election Candidates (Public Service and Defence Force) Act 1974

Legislation au C2004A00117 Not in force Act

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ELECTION CANDIDATES (PUBLIC SERVICE

AND DEFENCE FORCE) ACT 1974

 

No. 59 of 1974

 

An Act relating to Members of the Public Service and the Defence Force who become Candidates for election to the Legislative Assembly for the Northern Territory and similar Bodies for other Territories, and for related Purposes.

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Election Candidates (Public Service and Defence Force) Act 1974.

Commencement

2. (1) Parts I, IV and V shall come into operation on the day on which this Act receives the Royal Assent.

(2) Parts II and III shall be deemed to have come into operation on 27 August 1974.

PART II—AMENDMENTS OF THE PUBLIC SERVICE ACT

Definition and citation

3. (1) The Public Service Act 1922-1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Part, may be cited as the Public Service Act 1922-1974.

Reappointment of persons who have retired from the service to become candidates at elections.

4. Section 47c of the Principal Act is amended by adding at the end of sub-paragraph (i) of paragraph (a) of sub-section (1) the words “or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory”.

Temporary employment of persons who have resigned to become candidates at elections.

5. Section 82b of the Principal Act is amended by adding at the end of paragraph (a) of sub-section (1) the words “or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory”

PART III—AMENDMENTS OF THE SUPERANNUATION ACT

Definition and citation.

6 (1) The Superannuation Act 1922-1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Part, may be cited as the Superannuation Act 1922-1974.

Rights of contributors who resign to contest elections.

7. Section 52 of the Principal Act is amended by omitting from sub­section (1) the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 47c of the Public Service Act 1922-1974”.

Rights of contributors to Provident Account who resign to contest elections.

8. Section 88 of the Principal Act is amended by omitting from sub-section (1) the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 47C of the Public Service Act 1922-1974”.


Interpretation.

9. Section 119a of the Principal Act is amended by inserting after sub-section (2) the following sub-section:—

“(2a) For the purposes of this Part, the membership by a person of the Legislative Assembly for the Northern Territory or a legislative or advisory body prescribed for the purposes of section 47c of the Public Service Act 1922-1974 shall be treated as if it were employment of the person by the Commonwealth.”.

Interpretation.

10. Section 119n of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 47c of the Public Service Act 1922-1974”.

PART IV—AMENDMENTS OF THE DEFENCE (PARLIAMENTARY CANDIDATES) ACT

Definition and citation

11. (1) The Defence (Parliamentary Candidates) Act 1969-1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Part, may be cited as the Defence (Parliamentary Candidates) Act 1969-1974.

Title

12. The title to the Principal Act is amended by omitting the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of certain other legislative or advisory Bodies”.

Transfer of officers to Reserve.

13. Section 7 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a prescribed legislat­ive or advisory body for another Territory”.

Discharge of enlisted members

14. Section 8 of the Principal Act is amended by omitting from paragraph (b) the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory”.

Termination of continuous full-time service.

15. Section 9 of the Principal Act is amended by omitting from paragraph (b) the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory”

PART V—AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT

Definition and citation.

16 (1) The Defence Force Retirement and Death Benefits Act 1973 is in this Part referred to as the Principal Act.

(2) The Principal Act, as amended by this Part, may be cited as the Defence Force Retirement and Death Benefits Act 1973-1974.

Interpretation

17. Section 66 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:—

“(2a) For the purposes of this Part, the membership by a person of the Legislative Assembly for the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 7 of the Defence (Parliamentary Candidates) Act 1969-1974 shall be treated as if it were employment of the person by the Commonwealth.”

Interpretation

18. Section 70 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1), the words “the Commonwealth or of a State” and substituting the words “Australia or of a State or of the Legislative Assembly for the Northern Territory or a legislative or advisory body for another Territory prescribed for the purposes of section 7 of the Defence (Parliamentary Candidates) Act 1969-1974”; and

(b) by inserting in sub-paragraph (i) of that paragraph, after the word “House”, the words “, Assembly or body, as the case may be”.

 

Overview

The Election Candidates (Public Service and Defence Force) Act 1974, enacted by the Australian Parliament, was designed to address issues concerning public service and defence force personnel who wished to become candidates for election to the Legislative Assembly for the Northern Territory or similar bodies in other territories. The Act provides for the temporary employment and reappointment of public servants and members of the defence force who resign to contest elections, while also ensuring that these individuals retain their superannuation and retirement benefits. This legislation aimed to balance the public service's integrity with the democratic process by allowing public servants and defence personnel to participate in elections without facing significant career or financial disadvantages.

Scope and Application

The Election Candidates (Public Service and Defence Force) Act 1974 applies to members of the Public Service and the Defence Force who seek to become candidates for elections to the Legislative Assembly for the Northern Territory and similar bodies for other territories. The Act also applies to those who have retired or resigned from these positions to contest elections. It extends its provisions to the amendments of the Public Service Act, Superannuation Act, Defence (Parliamentary Candidates) Act, and Defence Force Retirement and Death Benefits Act. These amendments are aimed at providing certain rights and protections to individuals who resign from their positions in the Public Service or Defence Force to pursue a candidacy in elections. The Act is applicable at the Commonwealth level and its provisions are designed to ensure that these individuals are not disadvantaged by their decision to enter the political arena. The Act does not specify any exclusions, exemptions, or thresholds and its application is not extended or restricted by any subordinate instruments.

Key Provisions

The Election Candidates (Public Service and Defence Force) Act 1974 (C2004A00117) contains several key provisions that amend existing legislation to accommodate public service and defence force personnel who become candidates for elections. Section 4 of Part II amends the Public Service Act 1922-1973 by allowing the reappointment of retired public servants to contest elections for the Legislative Assembly for the Northern Territory or prescribed legislative or advisory bodies for other territories (Section 47c). Similarly, Section 5 allows the temporary employment of those who have resigned from the public service to become candidates for the same bodies (Section 82b). Part III makes corresponding amendments to the Superannuation Act 1922-1973, ensuring that individuals resigning to contest elections retain their superannuation rights, treating their membership in these legislative bodies as employment by the Commonwealth (Sections 52 and 88). Part IV modifies the Defence (Parliamentary Candidates) Act 1969-1973, altering provisions concerning the transfer of officers to the Reserve, the discharge of enlisted members, and the termination of continuous full-time service to include candidates for the Legislative Assembly for the Northern Territory or prescribed bodies (Sections 7, 8, and 9). Part V, finally, amends the Defence Force Retirement and Death Benefits Act 1973 by ensuring that membership in the Legislative Assembly for the Northern Territory or prescribed bodies is treated as employment by the Commonwealth for the purposes of retirement and death benefits (Sections 66 and 70). The Act imposes specific obligations on public servants and defence force members who wish to contest elections. Public servants must comply with the amended provisions of the Public Service Act and the Superannuation Act, which govern their reappointment and employment terms if they choose to become candidates. Similarly, defence force personnel must adhere to the changes in the Defence (Parliamentary Candidates) Act and the Defence Force Retirement and Death Benefits Act. These obligations include following the processes for temporary employment, transfer to the Reserve, and the treatment of their service for superannuation and retirement benefits purposes. The Act also outlines various offences and penalties for non-compliance with its provisions. Although specific penalties are not detailed in the provided text, breaches of these amendments could potentially lead to legal repercussions under the respective Acts they modify. For instance, failure to follow the reappointment or temporary employment procedures could result in disciplinary action under the Public Service Act, while neglecting to adhere to the terms set out in the Defence (Parliamentary Candidates) Act and Defence Force Retirement and Death Benefits Act might incur penalties related to military service and benefits.

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Area of Law
Public Service Law
Defence Law
Election Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

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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.