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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Defence Legislation Amendment
(Parliamentary Approval of Overseas
Service) Bill 2015
No. , 2015
(Senator Ludlam)
A Bill for an Act to amend the law relating to
defence to provide for parliamentary approval of
overseas service by members of the Defence Force,
and for related purposes
No. , 2015
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Air Force Act 1923
3
Defence Act 1903
3
Naval Defence Act 1910
6
No. , 2015
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
1
A Bill for an Act to amend the law relating to
1
defence to provide for parliamentary approval of
2
overseas service by members of the Defence Force,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Defence Legislation Amendment
7
(Parliamentary Approval of Overseas Service) Act 2015.
8
2 Commencement
9
This Act commences on the day this Act receives the Royal
10
Assent.
11
2
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
No. , 2015
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
No. , 2015
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
3
Schedule 1
--Amendments
1
2
Air Force Act 1923
3
1 Section 4F
4
Omit ", and either within or beyond the territorial limits of Australia".
5
Defence Act 1903
6
2 Section 50C
7
Repeal the section.
8
3 After Division 3 of Part III
9
Insert:
10
Division 3A--The service of the Defence Force
11
50C Parliamentary approval of service of members of Defence Force
12
(1) Members of the Defence Force may be required to serve within the
13
territorial limits of Australia.
14
(2) Subject to this section, members of the Defence Force may not be
15
required to serve beyond the territorial limits of Australia except in
16
accordance with a resolution, which is in effect and agreed to by
17
each House of the Parliament, authorising the service.
18
(3) The Governor-General may by Proclamation declare that an
19
emergency exists requiring the service beyond the territorial limits
20
of Australia of members of the Defence Force, and such service
21
may occur in accordance with such Proclamation.
22
(4) A Proclamation under subsection (3) must not be made except on
23
the written advice of the Prime Minister to the Governor-General
24
explaining the circumstances of emergency which render it
25
inexpedient to seek a resolution under subsection (2) before
26
deploying members of the Defence Force beyond the territorial
27
limits of Australia.
28
Schedule 1 Amendments
4
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
No. , 2015
(5) A Proclamation and advice under subsections (3) and (4) must be
1
published within 24 hours after the Proclamation is made.
2
(6) A Proclamation under subsection (3) must be laid before each
3
House of the Parliament within 2 days after it is made, together
4
with a report (with copies for each member and senator) setting
5
out:
6
(a) the advice referred to in subsection (4); and
7
(b) the reasons for the proposed deployment; and
8
(c) the legal authority for the proposed deployment; and
9
(d) the expected geographical extent of the proposed
10
deployment; and
11
(e) the expected duration of the proposed deployment; and
12
(f) the number of members of the Defence Force proposed to be
13
deployed.
14
(7) If:
15
(a) the Parliament is in session when a Proclamation under
16
subsection (3) is made; but
17
(b) either House of the Parliament is adjourned for an indefinite
18
period of time or for a period of time which will expire more
19
than 2 days after the making of the Proclamation;
20
the Presiding Officer of that House (within the meaning of the
21
Parliamentary Presiding Officers Act 1965), or the person who is
22
deemed to be the Presiding Officer of that House for the purpose of
23
that Act, must summon that House to meet within 2 days after the
24
making of the Proclamation, despite anything contained in the
25
resolution of adjournment of that House.
26
(8) If:
27
(a) the Parliament is not in session when a Proclamation under
28
subsection (3) is made; or
29
(b) the Parliament is prorogued within 7 days after the
30
Proclamation is made;
31
then:
32
(c) the Proclamation ceases to have effect at the end of 7 days
33
after the Proclamation is made; and
34
Amendments Schedule 1
No. , 2015
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
5
(d) a Proclamation that is the same in substance as that
1
Proclamation must not be made until the day on which the
2
Parliament next meets.
3
(9) If:
4
(a) when a Proclamation is made under subsection (3) the House
5
of Representatives has been dissolved or has expired and the
6
day appointed for the return of the writs for the general
7
election has not occurred; or
8
(b) the House expires within 7 days after the Proclamation is
9
made;
10
the Proclamation ceases to have effect at the end of 7 days after the
11
day appointed for the return of the writs for the general election.
12
(10) While members of the Defence Force are deployed beyond the
13
territorial limits of Australia under this section, the Minister must
14
report in writing to each House of the Parliament on the first sitting
15
day of that House after the commencement of each of the months
16
of February, April, June, August, October and December of each
17
year, commencing within 2 months after each deployment,
18
including in the report information on the following:
19
(a) the status of each such deployment, including its legality,
20
scope and anticipated duration;
21
(b) what efforts have been, are being, or are to be, made, to
22
resolve the circumstances which required such deployment;
23
(c) whether there is any reason why the Parliament should not
24
resolve to terminate such deployment.
25
(11) In this section:
26
service beyond the territorial limits of Australia does not include
27
service by members of the Defence Force:
28
(a) pursuant to their temporary attachment as provided by
29
section 116B; or
30
(b) as part of an Australian diplomatic or consular mission; or
31
(c) on an Australian vessel or aircraft not engaged in hostilities
32
or in operations during which hostilities are likely to occur;
33
or
34
(d) for the purpose of their education or training; or
35
Schedule 1 Amendments
6
Defence Legislation Amendment (Parliamentary Approval of Overseas
Service) Bill 2015
No. , 2015
(e) for purposes related to the procurement of equipment or
1
stores.
2
Naval Defence Act 1910
3
4 Section 33
4
Repeal the section.
5