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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Defence
Legislation Amendment (Enhancement of the Reserves and Modernisation) Bill
2000
No. ,
2000
(Defence)
A Bill
for an Act to amend the law relating to the Defence Force, and for related
purposes
ISBN: 0642 453594
Contents
Defence Act
1903 3
Part 1—Amendments 6
Air Force Act
1923 6
Defence Act
1903 7
Defence Force Discipline Act
1982 12
Defence Force (Home Loans Assistance) Act
1990 13
Defence Force Retirement and Death Benefits Act
1973 13
Defence Forces Retirement Benefits Act
1948 14
Defence Forces Special Retirement Benefits Act
1960 15
Defence (Parliamentary Candidates) Act
1969 15
Employment Services Act
1994 16
Income Tax Assessment Act
1997 16
Jury Exemption Act
1965 16
Long Service Leave (Commonwealth Employees) Act
1976 16
Military Superannuation and Benefits Act
1991 17
Naval Defence Act
1910 17
Social Security Act
1991 19
Superannuation Guarantee (Administration) Act
1992 21
Superannuation Act
1922 21
Veterans’ Entitlements Act
1986 21
Part 2—Saving and transitional
provisions 22
Part 1—Repeal of Act and
amendments 24
Defence Act
1903 24
Defence (Re-establishment) Act
1965 24
Disability Services Act
1986 24
Part 2—Application and transitional
provisions 25
Defence Act
1903 26
A Bill for an Act to amend the law relating to the
Defence Force, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Defence Legislation Amendment
(Enhancement of the Reserves and Modernisation) Act 2000.
(1) Subject to this section, this Act commences on the 28th day after the
day on which it receives the Royal Assent.
(2) The following items of Schedule 2 commence on a day or days to be
fixed by Proclamation: items 12 to 15, 19, 27 to 31, 67, 68 and 75 to
77.
(3) If a provision mentioned in subsection (2) does not commence
under that subsection within the period of 12 months beginning on the day on
which this Act receives the Royal Assent, it commences on the first day after
the end of that period.
(4) Schedule 3 commences at the same time as the Defence Reserve
Service (Protection) Act 2000.
(5) Schedule 4 commences on the day on which this Act receives the
Royal Assent.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient for carrying out or giving effect to this
Act.
1 Sections 50D, 50E, 50F and
50G
Repeal the sections, substitute:
Governor-General may call out the Reserves
(1) The Governor-General may, by publishing a written order in the
Gazette, call out for continuous full time service:
(a) the Reserves; or
(b) one or more of the following:
(i) a specified part or parts of the Reserves;
(ii) a specified class or classes of members in the Reserves;
(iii) a specified member or members of the Reserves.
Examples of call out circumstances
(2) The Governor-General may make an order in circumstances involving, for
example, war, defence emergency, defence preparation, peacekeeping, peace
enforcement, civil aid, humanitarian assistance or disaster relief. This
subsection does not limit subsection (1).
Advice to Governor-General
(3) In making or revoking an order, the Governor-General is to act with
the advice of:
(a) the Executive Council; or
(b) if, after the Minister has consulted the Prime Minister, the Minister
is satisfied that, for reasons of urgency, the Governor-General should act with
the advice of the Minister alone—the Minister.
When order takes effect
(4) An order takes effect on:
(a) the day specified in the order; or
(b) if no day is specified—the day on which the order is published
in the Gazette.
When revocation of order takes effect
(5) A revocation of an order takes effect on:
(a) the day specified in the revocation; or
(b) if no day is specified—the day on which the revocation is
published in the Gazette.
Effect of revocation of order
(6) To avoid doubt, if an order is revoked the call out under that order
ends.
Further orders
(7) The fact that an order has been published under this section in
relation to particular circumstances does not prevent further orders being
published under this section in relation to the same circumstances.
Direction by Chief of the Defence Force or a service chief
(1) A member of the Reserves who is covered by a call out order under
section 50D is bound to render the period of continuous full time naval,
military or air force service (as appropriate) that the Chief of the Defence
Force or a service chief directs in relation to the member.
Directions may be specific or general
(2) Such a direction may apply to the member specifically, by reference to
a part or class of the Reserves that includes the member, or by reference to the
Reserves as a whole.
Length of period of service
(3) The period of service specified in a direction under
subsection (1):
(a) must start on the day on which the relevant call out order takes
effect; and
(b) may be indefinite or limited.
However, a direction has no effect to the extent that it specifies a period
of service after the day on which the call out under the order ends.
Direction must be in writing
(4) A direction under this section must be in writing.
Further directions
(5) The fact that a direction has been given in relation to an order under
section 50D does not prevent further directions being given in relation to
the same order.
Continuous full time service otherwise than under this
section
(6) Nothing in this section prevents a member of the Reserves from being
bound to render continuous full time naval, military or air force service
otherwise than under this section.
2 Subsections 120A(4), (4A) and
(4B)
Omit “, 50E, 50F”.
3 Application of amendments
The amendments made by this Schedule apply in relation to all members of
the Reserves, whether they became members of the Reserves before or after the
Schedule commenced.
1 Sections 4A, 4B, 4C and
4D
Repeal the sections, substitute:
The Australian Air Force consists of 2 parts:
(a) the Permanent Air Force; and
(b) the Air Force Reserve.
The Permanent Air Force consists of:
(a) officers appointed to, and airmen enlisted in, the Permanent Air
Force; and
(b) officers and airmen transferred to the Permanent Air Force
from:
(i) the Air Force Reserve; or
(ii) the Australian Navy; or
(iii) the Australian Army.
The Air Force Reserve consists of:
(a) officers appointed to, and airmen enlisted in, the Air Force Reserve;
and
(b) officers and airmen transferred to the Air Force Reserve
from:
(i) the Permanent Air Force; or
(ii) the Australian Navy; or
(iii) the Australian Army.
2 Sections 4H and 4HA
Repeal the sections.
3 Subsections 4J(1), (2), (2A) and
(2B)
Repeal the subsections, substitute:
(1) A member of the Air Force Reserve is not bound to render continuous
full time air-force service otherwise than:
(a) as provided in this section; or
(b) as a result of a call out order under section 50D, 51A, 51B or
51C of the Defence Act.
(2) The regulations must set, or provide for the setting of, training
periods for the Air Force Reserve.
Note: Different training periods may be set for different
parts of the Air Force Reserve or for different classes of members of the Air
Force Reserve: see subsection 33(3A) of the Acts Interpretation Act
1901.
(2A) A member of the Air Force Reserve is bound to render, in each
training period, air-force service (other than continuous full time air-force
service) for such periods as are set by or under the regulations. However, a
member may be exempted by or under the regulations from the obligation to render
all, or a specified part, of that service.
Note: Different service may be required of different parts
of the Air Force Reserve, or of different classes of members of the Air Force
Reserve, or in different periods: see subsection 33(3A) of the Acts
Interpretation Act 1901.
Note: The heading to section 4J is altered by omitting
“Australian”.
4 Subsections 4J(3) and (4)
Omit “Australian”.
5 Subsections 4J(5) and (6)
Repeal the subsections.
6 Subsection 8A(1)
Omit “sections 4H, 4HA and 4J”, substitute
“section 4J”.
7 Subsection 4(1)
Insert:
Permanent Forces means the Permanent Navy, the Regular Army
and the Permanent Air Force.
8 Subsection 4(1)
Insert:
Reserves means the Naval Reserve, the Army Reserve and the
Air Force Reserve.
9 Subsection 4(1) (definition of The
Emergency Forces)
Repeal the definition.
10 Subsection 4(1) (definition of The
Permanent Forces)
Repeal the definition.
11 Subsection 4(1) (definition of The Reserve
Forces)
Repeal the definition.
12 Division 1 of Part II
(heading)
Repeal the heading.
13 Subsection 9BA(1)
Omit “Division 3”, substitute “the
regulations”.
14 Divisions 2, 3 and 3A of
Part II
Repeal the Divisions.
15 Division 4 of Part II
(heading)
Repeal the heading.
16 Section 27A
Repeal the section.
17 Sections 31, 32 and
32A
Repeal the sections, substitute:
The Australian Army consists of 2 parts:
(a) the Regular Army; and
(b) the Army Reserve.
The Regular Army consists of:
(a) officers appointed to, and soldiers enlisted in, the Regular Army;
and
(b) officers and soldiers transferred to the Regular Army from:
(i) the Army Reserve; or
(ii) the Australian Navy; or
(iii) the Australian Air Force.
The Army Reserve consists of:
(a) officers appointed to, and soldiers enlisted in, the Army Reserve;
and
(b) officers and soldiers transferred to the Army Reserve from:
(i) the Regular Army; or
(ii) the Australian Navy; or
(iii) the Australian Air Force.
18 Division 2 of Part III
(heading)
Repeal the heading, substitute:
19 Sections 36 to 44A
Repeal the sections.
20 Section 45
Repeal the section, substitute:
Members of the Regular Army are bound to render continuous full time
military service.
21 Section 48A
Repeal the section.
22 Subsections 50(1), (2), (2A) and
(2B)
Repeal the subsections, substitute:
(1) A member of the Army Reserve is not bound to render continuous full
time service otherwise than:
(a) as provided in this section; or
(b) as a result of a call out order under section 50D, 51A, 51B or
51C.
(2) The regulations must set, or provide for the setting of, training
periods for the Army Reserve.
Note: Different training periods may be set for different
parts of the Army Reserve or for different classes of members of the Army
Reserve: see subsection 33(3A) of the Acts Interpretation Act
1901.
(2A) A member of the Army Reserve is bound to render, in each training
period, military service (other than continuous full time military service) for
such periods as are set by or under the regulations. However, a member may be
exempted by or under the regulations from the obligation to render all,
or a specified part, of that service.
Note: Different service may be required of different parts
of the Army Reserve, or of different classes of members of the Army Reserve, or
in different periods: see subsection 33(3A) of the Acts Interpretation Act
1901.
Note: The heading to section 50 is altered by omitting
“Australian”.
23 Subsections 50(3) and
(4)
Omit “Australian”.
24 Subsections 50(5) and
(6)
Repeal the subsections.
25 Paragraph 51G(b)
Omit “Emergency Forces or the Reserve Forces”, substitute
“Reserves”.
26 Paragraph 52(1)(b)
Omit “the Reserve Forces and members of the Emergency Forces”,
substitute “the Reserves”.
27 Subsections 120A(1) and
(1A)
Repeal the subsections.
28 Subsection 120A(3)
Repeal the subsection.
29 Subsection 120A(4)
Omit “10C, 17, 26, 39, 44, 45, 48A,”.
30 Subsection 120A(4AA)
Omit “16, 21, 22, 24, 25, 25B, 25D, 27AA, 44A,”.
31 Subsections 120A(4AB) and
(4C)
Omit “27AA, 44A,”.
32 Paragraph 124(1)(a)
After “reduction in rank”, insert “,
retirement”.
33 After paragraph
124(1)(a)
Insert:
(aa) the transfer of members between different arms, or parts of arms, of
the Defence Force;
(ab) the training of members;
(ac) conditions of service of members;
34 After subsection 124(1A)
Insert:
(1AA) Regulations under subsection (1) may make provision in relation
to:
(a) the appointment or reappointment of a member; or
(b) the enlistment or re-enlistment of a member; or
(c) the service of a member;
on the basis that, after a specified time or on a specified event
occurring, the member may or must transfer to a different arm, or part of an
arm, of the Defence Force, or in relation to other similar
arrangements.
Example: The regulations might allow for a soldier to enlist
for a total of 8 years, with the first 4 years to be served in the Regular Army
and the last 4 years in the Army Reserve, or vice versa, or any other
combination of service.
(1AB) Subsection (1AA) does not limit the scope of
subsection (1).
Defence Force Discipline
Act 1982
35 Subsection 3(1) (definition of defence
member)
Repeal the definition, substitute:
defence member means:
(a) a member of the Permanent Navy, the Regular Army or the Permanent Air
Force; or
(b) a member of the Reserves who:
(i) is rendering continuous full-time service; and
(ii) is on duty or in uniform.
36 Subsection 3(1) (definition of Emergency
Forces)
Repeal the definition.
37 Subsection 3(1) (definition of Reserve
Forces)
Repeal the definition.
38 Subsection 3(1)
Insert:
Reserves means the Naval Reserve, the Army Reserve and the
Air Force Reserve.
39 Subsection 3(4)
Repeal the subsection, substitute:
(4) For the purposes of subparagraph (b)(ii) of the definition of
defence member in subsection (1):
(a) a member of the Reserves is taken to be on duty from the time
appointed for him or her to report to, or to attend at, a specified place for
any naval, military or air force service that he or she is required to render by
or under the Defence Act 1903, the Naval Defence Act 1910 or the
Air Force Act 1923 until he or she is released or discharged from that
service; and
(b) a member of the Reserves is taken to be on duty while acting, or
purporting to act, in his or her capacity as a member of the Reserves.
Defence Force (Home Loans
Assistance) Act 1990
40 Section 3 (subparagraph (h)(i) of
the definition of eligible person)
Repeal the subparagraph, substitute:
(i) who is a member of the Reserves; and
41 Section 3
Insert:
Reserves has the same meaning as in the Defence Act
1903.
42 Section 3 (definition of The
Emergency Forces)
Repeal the definition.
43 Section 3 (definition of The Reserve
Forces)
Repeal the definition.
Defence Force Retirement
and Death Benefits Act 1973
44 Subsection 3(1) (definition of Permanent
Forces)
Repeal the definition, substitute:
Permanent Forces means the Permanent Navy, the Regular Army
and the Permanent Air Force.
45 Subsection 3(1) (definition of
Reserve)
Repeal the definition, substitute:
Reserve means:
(a) in relation to a member of the Navy—the Naval Reserve;
and
(b) in relation to a member of the Army—the Army Reserve;
and
(c) in relation to a member of the Air Force—the Air Force
Reserve.
46 Paragraph 5A(1)(b)
Omit “the Emergency Forces or the Reserve Forces”, substitute
“a Reserve”.
47 Paragraph 61B(1)(d)
Omit “the Emergency Forces or the Reserve Forces”, substitute
“a Reserve”.
48 Paragraph 61B(3)(a)
Omit “the Emergency Forces or the Reserve Forces”, substitute
“a Reserve”.
Defence Forces Retirement
Benefits Act 1948
49 Subsection 4(1) (definition of Permanent
Forces)
Repeal the definition, substitute:
Permanent Forces means the Permanent Navy, the Regular Army
or the Permanent Air Force.
50 Subsection 4(1) (definition of
Reserve)
Repeal the definition, substitute:
Reserve means:
(a) in relation to a member of the Navy—the Naval Reserve;
and
(b) in relation to a member of the Army—the Army Reserve;
and
(c) in relation to a member of the Air Force—the Air Force
Reserve.
51 Fourth Schedule (table, heading to columns 1
and 2)
Repeal the heading, substitute “Permanent
Navy”.
52 Fourth Schedule (table, heading to column
3)
Repeal the heading, substitute “Regular Army”.
Defence Forces Special
Retirement Benefits Act 1960
53 Title
Omit “Australian”.
54 Subparagraph 4(2)(a)(i)
Omit “Australian”.
55 Paragraphs 4(2)(d) and
(e)
Omit “Australian”.
Defence (Parliamentary
Candidates) Act 1969
56 Subsection 5(1) (definition of
Reserve)
Repeal the definition, substitute:
Reserve means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
57 Paragraph 7(1)(a)
Repeal the paragraph, substitute:
(a) an officer who is a member of the Permanent Navy, the Regular Army or
the Permanent Air Force applies to the appropriate service chief to be
transferred to the appropriate Reserve; and
58 Paragraph 8(a)
Repeal the paragraph, substitute:
(a) an enlisted member who is a member of the Permanent Navy, the Regular
Army or the Permanent Air Force applies to the appropriate service chief to be
discharged from that arm of the Defence Force; and
59 Paragraph 9(a)
Repeal the paragraph, substitute:
(a) a member of the Naval Reserve, the Army Reserve or the Air Force
Reserve who is rendering continuous full-time service applies to the appropriate
service chief for the termination of that service; and
60 Paragraph 42(1)(h)
Omit “Reserve Forces”, substitute “the
Reserves”.
61 Subsection 42(5)
Omit “Reserve Forces”, substitute
“Reserves”.
Income Tax Assessment Act
1997
62 Section 51-5 (table items 1.3 and
1.4)
Repeal the items, substitute:
|
1.4 |
a member of: |
pay and allowances as a member |
except pay and allowances for continuous full time service |
63 The Schedule
Omit “the Reserve Forces” (wherever occurring), substitute
“the Reserves”.
Long Service Leave
(Commonwealth Employees) Act 1976
64 Paragraph 12(10)(a)
Repeal the paragraph, substitute:
(a) on continuous full-time service in the Reserves (within the meaning of
the Defence Act 1903); or
65 Paragraph 12(10)(b)
Omit “those Forces”, substitute “the
Reserves”.
Military Superannuation
and Benefits Act 1991
66 Paragraphs 6(1)(b) and
(c)
Omit “the Emergency Forces or the Reserve Forces”, substitute
“the Reserves”.
67 Part II
Repeal the Part.
68 Sections 19, 20, 21 and
22
Repeal the sections, substitute:
The Australian Navy consists of 2 parts:
(a) the Permanent Navy; and
(b) the Naval Reserve.
The Permanent Navy consists of:
(a) officers appointed to, and sailors enlisted in, the Permanent Navy;
and
(b) officers and sailors transferred to the Permanent Navy from:
(i) the Naval Reserve; or
(ii) the Australian Army; or
(iii) the Australian Air Force.
The Naval Reserve consists of:
(a) officers appointed to, and sailors enlisted in, the Naval Reserve;
and
(b) officers and sailors transferred to the Naval Reserve from:
(i) the Permanent Navy; or
(ii) the Australian Army; or
(iii) the Australian Air Force.
69 Sections 25 to 30A
Repeal the sections.
70 Section 31
Omit “Naval Forces”, substitute “Navy”.
Note: The heading to section 31 is altered by omitting
“Naval Forces” and substituting
“Navy”.
71 Sections 32 and
32AA
Repeal the sections.
72 Subsections 32A(1), (2) and
(2A)
Repeal the subsections, substitute:
(1) A member of the Naval Reserve is not bound to render continuous full
time naval service otherwise than:
(a) as provided in this section; or
(b) as a result of a call out order under section 50D, 51A, 51B or
51C of the Defence Act.
(2) The regulations must set, or provide for the setting of, training
periods for the Naval Reserve.
Note: Different training periods may be set for different
parts of the Naval Reserve or for different classes of members of the Naval
Reserve: see subsection 33(3A) of the Acts Interpretation Act
1901.
(2A) A member of the Naval Reserve is bound to render, in each training
period, naval service (other than continuous full time naval service) for such
periods as are set by or under the regulations. However, a member may be
exempted by or under the regulations from the obligation to render all, or a
specified part, of that service.
Note: Different service may be required of different parts
of the Naval Reserve, or of different classes of members of the Naval Reserve,
or in different periods: see subsection 33(3A) of the Acts Interpretation Act
1901.
Note: The heading to section 32A is altered by omitting
“Australian”.
73 Subsections 32A(3) and
(4)
Omit “Australian”.
74 Subsections 32A(5) and
(6)
Repeal the subsections.
75 Subsections 44B(1), (1A) and
(2)
Repeal the subsections.
76 Subsection 44B(3)
Omit “sections 11, 13, 17A, 28, 30, 32, 32AA and”,
substitute “section”.
77 Subsections 44B(3A), (3B) and
(3C)
Repeal the subsections.
78 Paragraph 8(8)(w)
Repeal the paragraph, substitute:
(w) in the case of a member of:
(i) the Naval Reserve; or
(ii) the Army Reserve; or
(iii) the Air Force Reserve;
the pay and allowances paid to the person as such a member (other than
pay and allowances in respect of continuous full-time service);
79 Paragraph 541D(1)(h)
Omit “Reserve Forces”, substitute
“Reserves”.
80 Section 542G
Repeal the section, substitute:
A person has a training camp exemption if the person is
attending a training camp as a member of:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
81 Paragraph 601(2A)(h)
Omit “Reserve Forces”, substitute
“Reserves”.
82 Subsection 601(7)
Repeal the subsection, substitute:
(7) In this section:
Reserves means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
83 Subsection 603(1)
Repeal the subsection, substitute:
(1) A person is taken to satisfy the activity test in respect of a period
when the person is attending a training camp as a member of:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
84 Section 1212 (definition of Reserve
service)
Repeal the definition, substitute:
Reserve service means attending a training camp as a member
of any of the following:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
Superannuation Guarantee
(Administration) Act 1992
85 Section 29
Note: The heading to section 29 is altered by omitting
“Reserve Forces” and substituting
“Reserves”.
86 Subsection 4(1) (paragraph (a) of the
definition of Service)
Repeal the paragraph, substitute:
(a) continuous service as a member of the Permanent Navy, the Regular Army
or the Permanent Air Force; and
Veterans’
Entitlements Act 1986
87 Paragraph 5H(8)(za)
Repeal the paragraph, substitute:
(za) in the case of a member of:
(i) the Naval Reserve; or
(ii) the Army Reserve; or
(iii) the Air Force Reserve;
the pay and allowances paid to the person as such a member (other than
pay and allowances in respect of continuous full-time service);
Part 2—Saving
and transitional provisions
88 Saving—appointments of Chiefs under the
Defence Act
Although item 13 amends subsection 9BA(1) of the Defence Act
1903, that subsection continues to apply, in relation to a person who held
an appointment under subsection 9(1) or 9AA(1) of that Act immediately before
that item commenced, as if that amendment, and the repeal of Division 3 of
Part II of that Act, had not happened.
89 Saving—other appointments under the
Defence Act
Although item 14 repeals Divisions 2, 3 and 3A of Part II of
the Defence Act 1903, those provisions continue to apply, in relation to
a person who held an appointment under subsection 10(1) of that Act immediately
before that item commenced, as if the repeal had not happened.
90 Saving—enlistments under the Defence
Act
Although item 19 repeals sections 36 to 44A of the Defence Act
1903, those sections continue to apply, in relation to a person who was
enlisted under subsection 36(3) of that Act immediately before that item
commenced, as if the repeal had not happened.
91 Saving—appointments under the Naval
Defence Act
Although item 67 repeals Part II of the Naval Defence Act
1910, that Part continues to apply, in relation to a person who held an
appointment under subsection 8(1) of that Act immediately before that item
commenced, as if the repeal had not happened.
92 Saving—enlistments under the Naval
Defence Act
Although item 69 repeals sections 25 to 30A of the Naval
Defence Act 1910, those sections continue to apply, in relation to a person
who was enlisted under subsection 25(3) of that Act immediately before that item
commenced, as if the repeal had not happened.
93 Most of the old provisions may be superseded
by new regulations
(1) However, the repealed provisions mentioned in items 89, 90, 91 and
92 continue to apply under those items only to the extent that they are
consistent with regulations made after the repeal for the purposes of
section 124 of the Defence Act 1903.
(2) If such regulations are made, then:
(a) to the extent of the inconsistency, those provisions permanently cease
to apply from the time that the inconsistency arises; and
(b) the regulations apply despite being inconsistent with those
provisions.
94 Saving—old
regulations
(1) Regulations that were in effect under any Act immediately before the
commencement of this item continue to have effect after that time as if members
of an arm of the Defence Force who were members of a particular part or
component of that arm immediately before the commencement of this item were
still members of that part or component after that time, even if that part or
component no longer exists.
Example: Assume that, immediately before the commencement of
this item, regulations imposed training obligations on members of the Air Force
Specialist Reserve. Those obligations would continue to apply to former members
of that Reserve after commencement, even though the Air Force Specialist Reserve
itself is no longer mentioned in the Air Force Act 1923 and the members
have now become members of the Air Force Reserve.
(2) However, regulations that continue in effect under this item do so only
to the extent that they are not amended or revoked by later
regulations.
95 Regulations about transitional
matters
(1) The regulations may make provision in relation to other saving and
transitional matters in connection with the amendments made by this
Schedule.
(2) In particular, such regulations may deal with the status, after the
commencement of the amendments, of persons who were members of the Defence Force
immediately before that time.
(3) Subitem (2) does not limit the scope of
subitem (1).
Part 1—Repeal
of Act and amendments
1 Subsection 118A(1)
Omit “Parts III and”, substitute “Part”.
2 Subsection 118A(2)
Omit “Parts III and IV or for voluntarily enlisting or attempting to
enlist in any force raised under section 35”, substitute
“Part IV”.
3 Subsection 118A(4)
Omit “Parts III and IV or of having voluntarily enlisted or attempted
to enlist in a force raised for active service”, substitute
“Part IV”.
4 Subsection 118A(6)
Repeal the subsection.
Defence (Re-establishment)
Act 1965
5 The whole of the Act
Repeal the Act.
6 Subsection 23(1) (definition of
cost)
Repeal the definition, substitute:
cost, in relation to a person’s rehabilitation program,
means the cost, as determined by the Secretary, of and incidental to the
program, and includes any allowances paid to the person under section 24
but does not include any part of the cost that is not borne by the
Commonwealth.
Part 2—Application
and transitional provisions
7 Application of new Protection Act to defence
service
(1) The Defence Reserve Service (Protection) Act 2000 applies in
relation to all defence service undertaken after that Act commences (the
commencement time), except in so far as the service is rendered
only as a result of:
(a) being called out under Division 4 of Part III, or under
Part IIIA, of the Defence Act 1903 before the commencement time;
or
(b) a voluntary undertaking to render continuous full time service that a
member gave before the commencement time.
(2) The Defence (Re-establishment) Act 1965 continues to apply in
relation to defence service covered by paragraph (1)(a) or (b), despite the
repeal of that Act by this Schedule.
8 Application of new Protection Act to existing
contracts and other arrangements
The Defence Reserve Service (Protection) Act 2000 applies, in
accordance with subitem 7(1), in relation to all contracts of employment, other
contracts, partnerships, courses and all other arrangements, even if the
contract, partnership, course or arrangement began before the commencement
time.
9 Saving—benefits under Parts V and VA of
the old Act
Although this Schedule repeals the Defence (Re-establishment) Act
1965, Parts V and VA of that Act continue to apply, in relation to people
who were receiving any assistance or benefits under those Parts immediately
before the repeal, as though the repeal had not happened.
10 Regulations
The regulations may make provision in relation to application, saving and
transitional matters in connection with the enactment of the Defence Reserve
Service (Protection) Act 2000 or the repeal of the Defence
(Re-establishment) Act 1965.
1 At the end of paragraph
58B(1)(a)
Add “and”.
2 Paragraph 58B(1)(b)
Repeal the paragraph, substitute:
(b) the payment of allowances or other pecuniary benefits (except
allowances or benefits by way of remuneration) to or for members or cadets,
including the payment of additional compensation to members of the Reserves to
whom compensation is payable under the Safety, Rehabilitation and
Compensation Act 1988; and
3 Saving—determinations under paragraph
58B(1)(b)
Although item 2 repeals and substitutes paragraph 58B(1)(b) of the
Defence Act 1903, any determination that was in effect under that
paragraph immediately before that repeal continues in effect after that time as
if it had been made under the new version of that paragraph.
4 At the end of paragraphs 58B(1)(c), (d) and
(e)
Add “and”.
5 Paragraph 58B(1)(f)
Omit “examination.”, substitute “examination;
and”.
6 After paragraph 58B(1)(g)
Insert:
(ga) payments, by way of compensation, incentives or other benefits,
to:
(i) members of the Reserves; or
(ii) their dependants; or
(iii) their employers, business or professional partners or other
associates; or
(iv) other persons;
in relation to the availability of the members for defence service, or
for losses incurred or inconvenience suffered because of the members’
absence on defence service (including losses incurred or inconvenience suffered
because of the operation of the Defence Reserve Service (Protection) Act
2000); and
7 After subsection 58B(1)
Insert:
(1AA) Expressions used in paragraph (1)(ga) that are defined in the
Defence Reserve Service (Protection) Act 2000 have the same meaning as in
that Act.