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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Amendment (Parliamentary
Approval of Overseas Service) Bill 2021
No. , 2021
(Mr Bandt)
A Bill for an Act to amend the
Defence Act 1903
to
provide for parliamentary approval of overseas
service by members of the Defence Force, and for
related purposes
No. , 2021
Defence Amendment (Parliamentary Approval of Overseas Service)
Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Defence Act 1903
3
No. , 2021
Defence Amendment (Parliamentary Approval of Overseas Service)
Bill 2021
1
A Bill for an Act to amend the
Defence Act 1903
to
1
provide for parliamentary approval of overseas
2
service by members of the Defence Force, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Defence Amendment (Parliamentary Approval of
7
Overseas Service) Act 2021
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Defence Amendment (Parliamentary Approval of Overseas Service)
Bill 2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the day this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2021
Defence Amendment (Parliamentary Approval of Overseas Service)
Bill 2021
3
Schedule 1--Amendments
1
2
Defence Act 1903
3
1 After Division 3 of Part III
4
Insert:
5
Division 4--The Service of the Defence Force
6
29A Parliamentary approval of service of members of Defence Force
7
(1) Members of the Defence Force may serve within the territorial
8
limits of Australia.
9
(2) Subject to this section, members of the Defence Force may not
10
serve beyond the territorial limits of Australia except in accordance
11
with a resolution, which is in effect and agreed to by each House of
12
the Parliament, authorising the service.
13
(3) The Governor-General may by proclamation declare that an
14
emergency exists requiring the service beyond the territorial limits
15
of Australia of members of the Defence Force, and such service
16
may occur in accordance with such proclamation.
17
(4) A proclamation under subsection (3) must not be made except on
18
the written advice of the Prime Minister to the Governor-General
19
explaining the circumstances of emergency which make it
20
impractical to seek a resolution pursuant to subsection (2) before
21
deploying members of the Defence Force beyond the territorial
22
limits of Australia.
23
(5) A proclamation and advice under subsections (3) and (4) must be
24
published within 24 hours after the proclamation is made.
25
(6) A proclamation under subsection (3) must be laid before each
26
House of the Parliament within 2 days after it is made, together
27
with a report (with copies for each member and senator) setting
28
out:
29
(a) the advice referred to in subsection (4);
30
(b) the reasons for the proposed deployment;
31
Schedule 1
Amendments
4
Defence Amendment (Parliamentary Approval of Overseas Service)
Bill 2021
No. , 2021
(c) the legal authority for the proposed deployment;
1
(d) the expected geographical extent of the proposed
2
deployment;
3
(e) the expected duration of the proposed deployment; and
4
(f) the number of members of the Defence Force proposed to be
5
deployed.
6
(7) If the Parliament is in session when a proclamation under
7
subsection (3) is made, but either House of the Parliament is
8
adjourned for an indefinite period of time or for a period of time
9
which will expire more than 2 days after the making of the
10
proclamation, the Presiding Officer of that House within the
11
meaning of the
Parliamentary Presiding Officers Act 1965
, or the
12
person who is deemed to be the Presiding Officer of that House for
13
the purpose of that Act, must summon that House to meet within 2
14
days after the making of the proclamation, in spite of anything
15
contained in the standing orders or resolution of adjournment of
16
that House.
17
(8) If:
18
(a) the Parliament is not in session when a proclamation under
19
subsection (3) is made; or
20
(b) the Parliament is prorogued within 7 days after the
21
proclamation is made;
22
then:
23
(c) the proclamation ceases to have effect at the expiration of 7
24
days after the proclamation is made; and
25
(d) no proclamation the same in substance as that proclamation
26
can be made until the day on which the Parliament next
27
meets.
28
(9) If:
29
(a) when a proclamation is made under subsection (3) the House
30
of Representatives has been dissolved or has expired and the
31
day appointed for the return of the writs for the general
32
election has not occurred; or
33
(b) the House expires within 7 days after the proclamation is
34
made;
35
Amendments
Schedule 1
No. , 2021
Defence Amendment (Parliamentary Approval of Overseas Service)
Bill 2021
5
the proclamation ceases to have effect at the expiration of 7 days
1
after the day appointed for the return of the writs for the general
2
election.
3
(10) While members of the Defence Force are deployed beyond the
4
territorial limits of Australia under this section, the Minister must
5
report in writing to each House of the Parliament on the first sitting
6
day of that House after the commencement of each of the months
7
of February, April, June, August, October and December of each
8
year, commencing within 2 months after each deployment,
9
including in the report information on:
10
(a) the status of each such deployment, including its legality,
11
scope and anticipated duration;
12
(b) what efforts have been, are being, or are to be, made, to
13
resolve the circumstances which required such deployment;
14
(c) whether there is any reason why the Parliament should not
15
resolve to terminate such deployment.
16
(11) For the purpose of this section, service beyond the territorial limits
17
of Australia does not include service by members of the Defence
18
Force:
19
(a) pursuant to their temporary attachment as provided by
20
section 116B; or
21
(b) as part of an Australian diplomatic or consular mission; or
22
(c) on an Australian vessel or aircraft not engaged in hostilities
23
or in operations during which hostilities are not likely to
24
occur; or
25
(d) for the purpose of their education or training; or
26
(e) for purposes related to the procurement of equipment or
27
stores.
28