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This is a Bill, not an Act. For current law, see the Acts databases.

DEFENCE LEGISLATION AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment Bill
2011
No. , 2011
(Defence)
A Bill for an Act to amend legislation relating to
defence, and for related purposes
i Defence Legislation Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to cadets
3
Air Force Act 1923
3
Defence Act 1903
5
Naval Defence Act 1910
8
Defence Legislation Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend legislation relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Defence Legislation Amendment Act
5
2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Defence Legislation Amendment Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments relating to cadets Schedule 1
Defence Legislation Amendment Bill 2011 No. , 2011 3
Schedule 1--Amendments relating to cadets
1
2
Air Force Act 1923
3
1 Subsection 4G(1)
4
Omit "(1)".
5
2 Before subsection 8(2)
6
Insert:
7
Constitution of the Australian Air Force Cadets
8
3 Before subsection 8(3)
9
Insert:
10
Relationship to the Air Force
11
4 Before subsection 8(5)
12
Insert:
13
Age requirements for cadets
14
5 Subsections 8(5) and (6)
15
After "he", insert "or she".
16
6 Before subsection 8(7)
17
Insert:
18
Regulations about the Australian Air Force Cadets
19
7 Before subsection 8(9)
20
Insert:
21
Administration of the Australian Air Force Cadets
22
8 Subsection 8(9)
23
Schedule 1 Amendments relating to cadets
4 Defence Legislation Amendment Bill 2011 No. , 2011
Omit "and to the directions of the Minister, the Chief of Air Force
1
shall", substitute ", to any directions of the Minister and to any
2
directions of the Chief of the Defence Force, the Chief of Air Force is
3
to".
4
9 At the end of section 8
5
Add:
6
(10) A direction of the Chief of the Defence Force under subsection (9)
7
is subject to, and must be in accordance with, any directions of the
8
Minister.
9
10 Before subsection 8A(1)
10
Insert:
11
Delegation by the Chief of Air Force
12
11 Subsection 8A(1)
13
After "his", insert "or her".
14
12 After subsection 8A(1)
15
Insert:
16
Delegation by the Chief of the Defence Force
17
(1A) The Chief of the Defence Force may, by instrument in writing,
18
delegate to the Vice Chief of the Defence Force his or her power
19
under subsection 8(9).
20
13 Before subsection 8A(2)
21
Insert:
22
General provisions about delegations
23
14 Subsections 8A(3), (3A) and (4)
24
Omit "Chief of Air Force", substitute "person who made the
25
delegation".
26
15 Subsection 8A(5)
27
Omit "Chief of Air Force", substitute "the person who made the
28
delegation".
29
Amendments relating to cadets Schedule 1
Defence Legislation Amendment Bill 2011 No. , 2011 5
16 Subsection 8A(6)
1
Omit "Chief of Air Force", substitute "person who made the
2
delegation".
3
Defence Act 1903
4
17 Paragraphs 4(2)(a) to (h)
5
Repeal the paragraphs, substitute:
6
(a) a reference to the Naval Forces or the Navy is to be read as a
7
reference to the Australian Navy; and
8
(b) a reference to the Military Forces or the Army is to be read as
9
a reference to the Australian Army; and
10
(c) a reference to the Air Force is to be read as a reference to the
11
Australian Air Force; and
12
(d) a reference to the Chief of the Defence Force is to be read as
13
a reference to the Chief of the Defence Force appointed
14
under section 9; and
15
(e) a reference to the Vice Chief of the Defence Force is to be
16
read as a reference to the Vice Chief of the Defence Force
17
appointed under section 9AA; and
18
(f) a reference to the Chief of Navy is to be read as a reference
19
to the Chief of Navy appointed under section 9; and
20
(g) a reference to the Chief of Army is to be read as a reference
21
to the Chief of Army appointed under section 9; and
22
(h) a reference to the Chief of Air Force is to be read as a
23
reference to the Chief of Air Force appointed under section 9;
24
and
25
(i) a reference to a service chief is to be read as a reference to
26
the Chief of Navy, the Chief of Army or the Chief of Air
27
Force, as the case requires.
28
18 Before subsection 62(2)
29
Insert:
30
Constitution of the Australian Army Cadets
31
19 Before subsection 62(3)
32
Insert:
33
Schedule 1 Amendments relating to cadets
6 Defence Legislation Amendment Bill 2011 No. , 2011
Relationship to the Army
1
20 Before subsection 62(5)
2
Insert:
3
Age requirements for cadets
4
21 Subsections 62(5) and (6)
5
After "he", insert "or she".
6
22 Before subsection 62(7)
7
Insert:
8
Regulations about the Australian Army Cadets
9
23 Before subsection 62(9)
10
Insert:
11
Administration of the Australian Army Cadets
12
24 Subsection 62(9)
13
Omit "and to the directions of the Minister, the Chief of Army shall",
14
substitute ", to any directions of the Minister and to any directions of
15
the Chief of the Defence Force, the Chief of Army is to".
16
25 At the end of section 62
17
Add:
18
(10) A direction of the Chief of the Defence Force under subsection (9)
19
is subject to, and must be in accordance with, any directions of the
20
Minister.
21
26 Before subsection 120A(2)
22
Insert:
23
Delegations by the Governor-General
24
27 Before subsection 120A(3A)
25
Insert:
26
Amendments relating to cadets Schedule 1
Defence Legislation Amendment Bill 2011 No. , 2011 7
Delegations of jointly held powers by the Secretary and Chief of
1
the Defence Force
2
28 After subsection 120A(3D)
3
Insert:
4
Delegations by the Chief of the Defence Force
5
(3DA) The Chief of the Defence Force may, by instrument in writing,
6
delegate to the Vice Chief of the Defence Force, his or her power
7
under subsection 62(9).
8
29 Before subsection 120A(4)
9
Insert:
10
Delegations by the Chief of Army
11
30 Subsection 120A(4)
12
After "his", insert "or her".
13
31 Before subsection 120A(4A)
14
Insert:
15
Delegations by the Chief of Navy
16
32 Subsection 120A(4A)
17
After "his", insert "or her".
18
33 Before subsection 120A(4B)
19
Insert:
20
Delegations by the Chief of Air Force
21
34 Subsection 120A(4B)
22
After "his", insert "or her".
23
35 Before subsection 120A(5)
24
Insert:
25
Schedule 1 Amendments relating to cadets
8 Defence Legislation Amendment Bill 2011 No. , 2011
General provisions about delegations
1
Naval Defence Act 1910
2
36 Before subsection 38(2)
3
Insert:
4
Constitution of the Australian Navy Cadets
5
37 Before subsection 38(3)
6
Insert:
7
Relationship to the Navy
8
38 Subsection 38(4)
9
After "cadet", insert "in the Australian Navy Cadets".
10
39 Before subsection 38(5)
11
Insert:
12
Age requirements for cadets
13
40 Subsections 38(5) and (6)
14
After "he", insert "or she".
15
41 Subsection 38(7)
16
Repeal the subsection, substitute:
17
Regulations about the Australian Navy Cadets
18
(7) The regulations may make provision for or in relation to the
19
organization, maintenance, regulation, control and discipline of the
20
Australian Navy Cadets and, in particular, for and in relation to:
21
(a) the periods and conditions of service of members, other than
22
conditions of service with respect to which determinations
23
under section 58B of the Defence Act may be made; and
24
(b) the promotion of members.
25
42 Saving provision--regulations
26
Amendments relating to cadets Schedule 1
Defence Legislation Amendment Bill 2011 No. , 2011 9
The repeal of subsection 38(7) of the Naval Defence Act 1910 by this
1
Schedule does not affect the continuity of regulations made under that
2
subsection that are in force immediately before this Schedule
3
commences.
4
43 Section 39
5
Before "Subject", insert "(1)".
6
44 Section 39
7
Omit "and to the directions of the Minister, the Chief of Navy shall",
8
substitute ", to any directions of the Minister and to any directions of
9
the Chief of the Defence Force, the Chief of Navy is to".
10
45 At the end of section 39
11
Add:
12
(2) A direction of the Chief of the Defence Force under subsection (1)
13
is subject to, and must be in accordance with, any directions of the
14
Minister.
15
46 Before subsection 44B(3)
16
Insert:
17
Delegation by the Chief of Navy
18
47 Subsection 44B(3)
19
After "his", insert "or her".
20
48 After subsection 44B(3)
21
Insert:
22
Delegation by the Chief of the Defence Force
23
(3A) The Chief of the Defence Force may, by instrument in writing,
24
delegate to the Vice Chief of the Defence Force, his or her power
25
under subsection 39(1).
26
49 Before subsection 44B(4)
27
Insert:
28
Schedule 1 Amendments relating to cadets
10 Defence Legislation Amendment Bill 2011 No. , 2011
Delegation by the authorized person
1
50 Subsection 44B(4)
2
After "his", insert "or her".
3
51 Before subsection 44B(5)
4
Insert:
5
General provisions about delegations
6
52 Before subsection 44B(10)
7
Insert:
8
Definition of authorized person
9

 

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