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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment
(Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
(Defence)
A Bill for an Act to amend the law relating to the
Australian Defence Force, and for related purposes
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Calling out the Reserves
3
Part 1--Amendments
3
Defence Act 1903
3
Defence Reserve Service (Protection) Act 2001
4
Part 2--Application provisions
6
Schedule 2--Immunity
7
Defence Act 1903
7
Schedule 3--Superannuation and related benefits
10
Part 1--Amendments
10
Australian Defence Force Cover Act 2015
10
Australian Defence Force Superannuation Act 2015
10
Military Superannuation and Benefits Act 1991
10
Part 2--Application provisions
12
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
1
A Bill for an Act to amend the law relating to the
1
Australian Defence Force, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Defence Legislation Amendment (Enhancement of
5
Defence Force Response to Emergencies) Act 2020
.
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 (Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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 Schedules
7
Legislation 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
Calling out the Reserves
Schedule 1
Amendments
Part 1
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
3
Schedule 1--Calling out the Reserves
1
Part 1--Amendments
2
Defence Act 1903
3
1 Paragraph 24(c)
4
Repeal the paragraph, substitute:
5
(c) is called out under Division 3 of this Part for a period of
6
service that is specified by the Chief of the Defence Force to
7
be continuous full time service; or
8
(d) is called upon under Division 1 of Part IV.
9
2 Subsections 28(1) and (2)
10
Repeal the subsections, substitute:
11
(1) The Governor-General may, by notifiable instrument, make an
12
order (a
call out order
) calling out some or all of the Reserves for
13
service.
14
3 Subsection 28(4)
15
Repeal the subsection (not including the heading), substitute:
16
(4) In making or revoking a call out order, the Governor-General is to
17
act with the advice of the Minister.
18
(4A) Before giving advice to the Governor-General in relation to the
19
making or revoking of a call out order, the Minister must consult
20
the Prime Minister.
21
4 Subsections 28(5), (6) and (7)
22
Repeal the subsections.
23
5 Section 29 (heading)
24
Omit "
during call out
", substitute "
while covered by call out order
".
25
Schedule 1
Calling out the Reserves
Part 1
Amendments
4
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
6 Subsection 29(1)
1
Omit "continuous full time service for the period", substitute "service
2
for the period or periods".
3
7 Subsections 29(2), (3), (4) and (5)
4
Repeal the subsections, substitute:
5
(2) Unless it ends earlier, and despite any specification by the Chief of
6
the Defence Force, a period ends on the day on which the
7
revocation of the call out order takes effect.
8
Other service not affected
9
(3) This section does not limit a requirement to render service
10
otherwise than under this section.
11
8 Paragraph 120A(3D)(b)
12
Omit "continuous full time".
13
Defence Reserve Service (Protection) Act 2001
14
9 Section 7 (definition of
start day
)
15
Omit "continuous full time".
16
10 Subsection 9(1) (definition of
dependant
)
17
Omit "continuous full time".
18
11 Section 11 (table items 5 and 6
, column headed "applies
19
to these kinds of defence service...", paragraph (a))
20
Omit "continuous full time", substitute "any".
21
12 Section 11 (table item 7)
22
Omit "Continuous full time", substitute "Any".
23
13 Subsection 13(1)
24
Omit "continuous full time".
25
Calling out the Reserves
Schedule 1
Amendments
Part 1
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
5
14 Paragraph 40(1)(a)
1
Omit "continuous full time", substitute "any".
2
15 Paragraph 62(1)(a)
3
Omit "continuous full time", substitute "any".
4
16 Subsection 65(1)
5
Omit "continuous full time".
6
17 Paragraph 70(2)(a)
7
Omit "continuous full-time defence".
8
Schedule 1
Calling out the Reserves
Part 2
Application provisions
6
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
Part 2--Application provisions
1
18 Application of amendments
2
The amendments made by this Schedule apply in relation to a call out
3
order made under section 28 of the
Defence Act 1903
on or after the
4
commencement of this Schedule.
5
Immunity
Schedule 2
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
7
Schedule 2--Immunity
1
2
Defence Act 1903
3
1 Subsection 4(1)
4
Insert:
5
protected person
: see subsection 123AA(3).
6
2 After paragraph 120A(3D)(e)
7
Insert:
8
(ea) the power under subsection 123AA(4) to authorise persons to
9
perform duties in respect of the provision of assistance
10
mentioned in subsection 123AA(1)--to:
11
(i) an officer of the Navy who holds a rank not below the
12
rank of Commodore; or
13
(ii) an officer of the Army who holds a rank not below the
14
rank of Brigadier; or
15
(iii) an officer of the Air Force who holds a rank not below
16
the rank of Air Commodore;
17
3 After subsection 120A(3D)
18
Insert:
19
Delegation by Secretary
20
(4) The Secretary may, by instrument in writing, delegate the
21
Secretary's power under subsection 123AA(4) to authorise persons
22
to perform duties in respect of the provision of assistance
23
mentioned in subsection 123AA(1) to an SES employee in the
24
Department.
25
4 After section 123
26
Insert:
27
Schedule 2
Immunity
8
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
123AA Immunity in relation to certain assistance
1
(1) A protected person (see subsection (3)) is not subject to any
2
liability (whether civil or criminal) in respect of anything the
3
protected person does or omits to do, in good faith, in the
4
performance or purported performance of the protected person's
5
duties, if:
6
(a) the duties are in respect of the provision of assistance, by or
7
on behalf of
the ADF or the Department, to:
8
(i) the Commonwealth or a State or Territory, or a
9
Commonwealth, State or Territory authority or agency;
10
or
11
(ii) members of the community; and
12
(b) the assistance is provided to prepare for a natural disaster or
13
other emergency that is imminent, or to respond to one that is
14
occurring or recover from one that occurred recently; and
15
(c) the assistance is provided at the direction of the Minister
16
under subsection (2).
17
(2) The Minister may, in writing, direct the provision of assistance in
18
relation to a natural disaster or other emergency if the Minister is
19
satisfied of either or both of the following:
20
(a) the nature or scale of the natural disaster or other emergency
21
makes it necessary, for the benefit of the nation, for the
22
Commonwealth, through use of the ADF's or Department's
23
special capabilities or available resources, to provide the
24
assistance;
25
(b) the assistance is necessary for the protection of
26
Commonwealth agencies, Commonwealth personnel or
27
Commonwealth property.
28
(3) Each of the following is a
protected person
:
29
(a) a member of the Defence Force;
30
(b) an APS employee in the Department;
31
(c) a person authorised under subsection (4) to perform duties in
32
respect of the provision of assistance mentioned in
33
subsection (1).
34
(4) The Chief of the Defence Force, or the Secretary, may, in writing,
35
authorise a person, or each person in a class of persons, to perform
36
Immunity
Schedule 2
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
9
duties in respect of the provision of assistance mentioned in
1
subsection (1), if the person, or each person in the class of persons,
2
is any of the following:
3
(a) an APS employee or other employee of the Commonwealth
4
or a Commonwealth authority or agency;
5
(b) a member of the naval, military or air force of a foreign
6
country, or a member of a foreign police force (however
7
described).
8
(5) The Minister may, in writing, delegate the Minister's power to
9
make a direction under subsection (2) to the Chief of the Defence
10
Force or the Secretary.
11
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
12
provisions relating to delegations.
13
(6) In performing a delegated function or exercising a delegated
14
power, the delegate must comply with any written directions of the
15
Minister.
16
(7) A direction made under subsection (2) is not a legislative
17
instrument.
18
(8) This section does not prevent assistance being provided by or on
19
behalf of the ADF or the Department in circumstances where a
20
direction has not been made under subsection (2).
21
Schedule 3
Superannuation and related benefits
Part 1
Amendments
10
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
Schedule 3--Superannuation and related
1
benefits
2
Part 1--Amendments
3
Australian Defence Force Cover Act 2015
4
1 Section 4 (definition of
continuous full-time Reservist
)
5
Repeal the definition, substitute:
6
continuous full-time Reservist
means a member of the Reserves
7
who is rendering a period of continuous full-time service.
8
2 Section 4 (definition of
defence service
)
9
Repeal the definition.
10
Australian Defence Force Superannuation Act 2015
11
3 Section 4 (definition of
continuous full-time Reservist
)
12
Repeal the definition, substitute:
13
continuous full-time Reservist
means a member of the Reserves
14
who is rendering a period of continuous full-time service.
15
4 Section 4 (definition of
defence service
)
16
Repeal the definition.
17
5 Paragraph 13(b)
18
After "accepted", insert "under subsection 26(2) of the
Defence Act
19
1903
".
20
Military Superannuation and Benefits Act 1991
21
6 Paragraph 6(1)(b)
22
Repeal the paragraph, substitute:
23
(b) a member of the Reserves who is rendering a period of
24
continuous full-time service.
25
Superannuation and related benefits
Schedule 3
Amendments
Part 1
No. , 2020
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
11
7 Subparagraph 7(2)(b)(ii)
1
Omit "under an undertaking that has been accepted".
2
Schedule 3
Superannuation and related benefits
Part 2
Application provisions
12
Defence Legislation Amendment (Enhancement of Defence Force
Response to Emergencies) Bill 2020
No. , 2020
Part 2--Application provisions
1
8 Application of amendments
--definition of
continuous
2
full-time Reservist
3
The amendments made by this Schedule to the definition of
continuous
4
full-time Reservist
in section 4 of the
Australian Defence Force Cover
5
Act 2015
and section 4 of the
Australian Defence Force Superannuation
6
Act 2015
apply, in the case of a period of continuous full-time service
7
rendered by a member of the Reserves under a call out order made
8
under section 28 of the
Defence Act 1903
, to a call out order made on or
9
after 28 November 2019.
10
9 Application of amendments
--membership of
11
Superannuation Scheme
12
The amendments made by this Schedule to sections 6 and 7 of the
13
Military Superannuation and Benefits Act 1991
apply, in the case of a
14
period of continuous full-time service rendered by a member of the
15
Reserves under a call out order made under section 28 of the
Defence
16
Act 1903
, to a call out order made on or after 28 November 2019.
17