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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 (First
Principles) Bill 2015
No. , 2015
(Defence)
A Bill for an Act to amend legislation relating to
defence, and for related purposes
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
i
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedules ............................................................................................ 2
4
Regulations ......................................................................................... 2
Schedule 1--Amendme nt of the Defence Act 1903
3
Part 1--Amendments
3
Defence Act 1903
3
Part 2--Transitional provisions
25
Schedule 2--Amendme nt of othe r Acts
27
Part 1--Amendments
27
Age Discrimination Act 2004
27
Archives Act 1983
27
Australian Citizenship Act 2007
27
Australian Defence Force Cover Act 2015
28
Australian Defence Force Superannuation Act 2015
28
Australian National Maritime Museum Act 1990
28
Defence Force Discipline Act 1982
29
Defence Force Retirement and Death Benefits Act 1973
29
Defence Forces Retirement Benefits Act 1948
30
Defence Housing Australia Act 1987
30
Defence (Parliamentary Candidates) Act 1969
31
Defence Reserve Service (Protection) Act 2001
32
Defence (Visiting Forces) Act 1963
33
Disability Discrimination Act 1992
33
Freedom of Information Act 1982
34
Income Tax Asse ssment Act 1936
34
Long Service Leave (Commonwealth Employees) Act 1976
34
Maritime Powers Act 2013
34
Military Rehabilitation and Compensation Act 2004
34
Navigation Act 2012
35
ii
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Office of National Assessments Act 1977
36
Privacy Act 1988
36
Public Interest Disclosure Act 2013
36
Safety, Rehabilitation and Compensation Act 1988
36
Sex Discrimination Act 1984
37
Sydney Harbour Federation Trust Act 2001
37
Work Health and Safety Act 2011
37
Part 2--Transitional provisions
38
Schedule 3--Repeals
39
Air Force Act 1923
39
Naval Defence Act 1910
39
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
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
5
(First Principles) Act 2015.
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 (First Principles) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
3
Immediately after the commencement of
Schedule 2 of the Defence Legislation
Amendment (Superannuation and ADF
Cover) Act 2015.
1 July 2016
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
4 Regulations
12
The Governor-General may make regulations prescribing matters
13
of a transitional nature (including prescribing saving or application
14
provisions) relating to the amendments or repeals made by this
15
Act.
16
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
3
Schedule 1--Amendment of the Defence Act
1
1903
2
Part 1--Amendments
3
Defence Act 1903
4
1 Subsection 4(1)
5
Insert:
6
administration of the Defence Force: see subsection 10(2).
7
Air Force means the Royal Australian Air Force.
8
Air Force Reserve: see subsection 20(3).
9
Army means the Australian Army.
10
Army Reserve: see subsection 19(3).
11
Australian Air Force Cadets: see subsection 62(4).
12
Australian Army: see subsection 19(1).
13
Australian Army Cadets: see subsection 62(3).
14
Australian Defence Force or ADF: see section 17.
15
Australian Defence Force Cadets or ADF Cadets or Cadets: see
16
subsection 62(1).
17
Australian Navy Cadets: see subsection 62(2).
18
cadet means an officer, instructor or cadet in the Cadets.
19
call out order: see subsection 28(1).
20
Chief of the Defence Force means the Chief of the Defence Force
21
appointed under subsection 12(1).
22
CSC has the same meaning as in the Governance of Australian
23
Government Superannuation Schemes Act 2011.
24
Defence Force means the Australian Defence Force.
25
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
4
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Defence Instructions: see subsection 11(1).
1
flexible service determination: see subsection 23(2).
2
Naval Reserve: see subsection 18(3).
3
Navy means the Royal Australian Navy.
4
2 Subsection 4(1) (definition of Non-commissioned Officer)
5
Repeal the definition.
6
3 Subsection 4(1) (definition of Officer)
7
Repeal the definition, substitute:
8
officer means:
9
(a) a person appointed as an officer of the Navy, Army or Air
10
Force and who holds a rank specified in items 1 to 12 of the
11
table in subclause 1(1) of Schedule 1; or
12
(b) a chaplain in the Defence Force.
13
4 Subsection 4(1)
14
Insert:
15
Permanent Air Force: see subsection 20(2).
16
Permanent Navy: see subsection 18(2).
17
public resources has the same meaning as in the Public
18
Governance, Performance and Accountability Act 2013.
19
Regular Army: see subsection 19(2).
20
Royal Australian Air Force or RAAF: see subsection 20(1).
21
Royal Australian Navy or RAN: see subsection 18(1).
22
service chief means:
23
(a) the Chief of Navy; or
24
(b) the Chief of Army; or
25
(c) the Chief of Air Force.
26
Vice Chief of the Defence Force means the Vice Chief of the
27
Defence Force appointed under subsection 12(2).
28
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
5
5 Subsection 4(2)
1
Repeal the subsection.
2
6 Section 5
3
Omit "Navy, Army and Air Force, and to all members of the Navy,
4
Army and Air Force", substitute "Defence Force, and to all members of
5
the Defence Force".
6
7 Parts II and III
7
Repeal the Parts, substitute:
8
Part II--Control and administration
9
10
8 The Minister
11
(1) The Minister has general control and administration of the Defence
12
Force.
13
Note:
Command in chief of the Defence Force is vested in the
14
Governor-General: see section 68 of the Constitution.
15
(2) In performing and exercising functions and powers under this Part,
16
the Chief of the Defence Force and the Secretary must comply with
17
any directions of the Minister.
18
9 Command of the Defence Force
19
(1) The Chief of the Defence Force has command of the Defence
20
Force.
21
(2) The Chief of the Defence Force must advise the Minister on
22
matters relating to the command of the Defence Force.
23
(3) The Vice Chief of the Defence Force is to assist the Chief of the
24
Defence Force in the command of the Defence Force.
25
(4) In so assisting, the Vice Chief of the Defence Force must comply
26
with any directions of the Chief of the Defence Force.
27
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
6
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
10 Administration of the Defence Force
1
(1) The Secretary and the Chief of the Defence Force have joint
2
administration of the Defence Force.
3
(2) The administration of the Defence Force does not include any
4
matter:
5
(a) falling within the command of the Defence Force; or
6
(b) specified by the Minister.
7
(3) The Vice Chief of the Defence Force is to assist with the
8
administration of the Defence Force as directed by the Chief of the
9
Defence Force.
10
(4) An instrument made under paragraph (2)(b) is not a legislative
11
instrument.
12
11 Defence Instructions
13
(1) For the purposes of the administration of the Defence Force, the
14
Secretary and the Chief of the Defence Force together may issue
15
instructions known as Defence Instructions.
16
(2) A document purporting to be a Defence Instruction, or a copy of a
17
Defence Instruction, is taken to be a Defence Instruction unless the
18
contrary is established.
19
(3) Despite section 46AA of the Acts Interpretation Act 1901, a
20
Defence Instruction may make provision for or in relation to a
21
matter by applying, adopting or incorporating any matter contained
22
in an instrument or other writing as in force or existing from time
23
to time.
24
12 Appointments
25
(1) The Governor-General may, by writing, appoint an officer of an
26
arm of the Defence Force to be Chief of the Defence Force.
27
(2) The Governor-General may, by writing, appoint an officer of an
28
arm of the Defence Force to be Vice Chief of the Defence Force.
29
(3) The Chief of the Defence Force and the Vice Chief of the Defence
30
Force hold office for the periods specified in their instruments of
31
appointment.
32
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
7
(4) A person appointed as Chief of the Defence Force or Vice Chief of
1
the Defence Force ceases to hold office if he or she ceases to be an
2
officer of an arm of the Defence Force.
3
13 Acting appointments
4
Vice Chief must act as Chief of the Defence Force
5
(1) The Vice Chief of the Defence Force must act as the Chief of the
6
Defence Force:
7
(a) during a vacancy in the office of the Chief of the Defence
8
Force; or
9
(b) during any period, or during all periods, when the Chief of
10
the Defence Force:
11
(i) is absent from duty; or
12
(ii) is, for any reason, unable to perform the duties of the
13
office.
14
Acting Vice Chief of the Defence Force
15
(2) The Governor-General may, by writing, appoint an officer of an
16
arm of the Defence Force to act as the Vice Chief of the Defence
17
Force:
18
(a) during a vacancy in the office of the Vice Chief of the
19
Defence Force; or
20
(b) during any period, or during all periods, when the Vice Chief
21
of the Defence Force:
22
(i) is absent from duty or from Australia; or
23
(ii) is, for any reason, unable to perform the duties of the
24
office.
25
14 Resignation
26
(1) The Chief of the Defence Force or the Vice Chief of the Defence
27
Force may resign his or her appointment by giving the
28
Governor-General a written resignation.
29
(2) However, the resignation does not have effect unless and until it is
30
accepted by the Governor-General.
31
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
8
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
15 Termination of appointment
1
(1) The Governor-General may, on the recommendation of the Prime
2
Minister and by notice in writing, terminate the appointment of the
3
Chief of the Defence Force or the Vice Chief of the Defence Force.
4
(2) Before recommending to the Governor-General that the
5
appointment be terminated, the Prime Minister must have received
6
a report about the proposed termination from the Minister.
7
16 Remuneration and allowances
8
(1) The Chief of the Defence Force and the Vice Chief of the Defence
9
Force are to be paid the remuneration that is determined by the
10
Remuneration Tribunal. If no determination of that remuneration
11
by the Tribunal is in operation, they are to be paid the
12
remuneration that is prescribed by the regulations.
13
(2) The Chief of the Defence Force and the Vice Chief of the Defence
14
Force are to be paid the allowances determined under Part IIIA.
15
(3) This section has effect subject to the Remuneration Tribunal Act
16
1973.
17
Note:
The remuneration of the Chief of Navy, the Chief of Army and the
18
Chief of Air Force is also determined by the Remuneration Tribunal.
19
For appointment etc. of service chiefs, see the regulations.
20
Part III--The Australian Defence Force
21
Division 1--Constitution of the Australian Defence Force
22
17 The Australian Defence Force
23
The Australian Defence Force (or ADF) consists of the following
24
arms:
25
(a) the Royal Australian Navy;
26
(b) the Australian Army;
27
(c) the Royal Australian Air Force.
28
18 Royal Australian Navy
29
(1) The Royal Australian Navy (or RAN) consists of:
30
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
9
(a) the Chief of Navy; and
1
(b) the Permanent Navy; and
2
(c) the Naval Reserve.
3
(2) The Permanent Navy consists of:
4
(a) officers appointed to, and sailors enlisted in, the Permanent
5
Navy; and
6
(b) members of the Defence Force transferred to the Permanent
7
Navy.
8
(3) The Naval Reserve consists of:
9
(a) officers appointed to, and sailors enlisted in, the Naval
10
Reserve; and
11
(b) members of the Defence Force transferred to the Naval
12
Reserve.
13
19 Australian Army
14
(1) The Australian Army consists of:
15
(a) the Chief of Army; and
16
(b) the Regular Army; and
17
(c) the Army Reserve.
18
(2) The Regular Army consists of:
19
(a) officers appointed to, and soldiers enlisted in, the Regular
20
Army; and
21
(b) members of the Defence Force transferred to the Regular
22
Army.
23
(3) The Army Reserve consists of:
24
(a) officers appointed to, and soldiers enlisted in, the Army
25
Reserve; and
26
(b) members of the Defence Force transferred to the Army
27
Reserve.
28
20 Royal Australian Air Force
29
(1) The Royal Australian Air Force (or RAAF) consists of:
30
(a) the Chief of Air Force; and
31
(b) the Permanent Air Force; and
32
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
10
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
(c) the Air Force Reserve.
1
(2) The Permanent Air Force consists of:
2
(a) officers appointed to, and airmen enlisted in, the Permanent
3
Air Force; and
4
(b) members of the Defence Force transferred to the Permanent
5
Air Force.
6
(3) The Air Force Reserve consists of:
7
(a) officers appointed to, and airmen enlisted in, the Air Force
8
Reserve; and
9
(b) members of the Defence Force transferred to the Air Force
10
Reserve.
11
21 Ranks and corresponding ranks
12
The ranks and corresponding ranks of members of the Defence
13
Force (other than chaplains) are set out in Schedule 1.
14
Division 2--Service in the Defence Force
15
22 Voluntary entry
16
(1) Members of the Defence Force must be persons who volunteer and
17
are accepted for service in the Defence Force.
18
(2) Subsection (1) has effect subject to Part IV and any other Act.
19
23 Service in the Permanent Forces
20
(1) Members of the Permanent Forces are bound to render continuous
21
full time service.
22
Note:
Permanent Forces means the Permanent Navy, the Regular Army and
23
the Permanent Air Force: see subsection 4(1).
24
Flexible service determinations
25
(2) The requirement to render continuous full time service does not
26
prevent the Chief of the Defence Force determining hours of duty
27
or periods of duty for a member of the Permanent Forces under a
28
flexible service determination.
29
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
11
(3) A flexible service determination:
1
(a) must be in writing; and
2
(b) may be revoked or varied by the Chief of the Defence Force
3
at any time; and
4
(c) has effect subject to any terms and conditions (the flexible
5
service terms and conditions) set out in the determination.
6
(4) Flexible service terms and conditions may relate to remuneration,
7
allowances, availability for duty outside the hours of duty or
8
periods of duty set out in the determination or any other relevant
9
matter.
10
(5) A flexible service determination is not a legislative instrument.
11
24 Service in the Reserves
12
A member of the Reserves is not bound to render continuous full
13
time service unless the member:
14
(a) is involved in a period of training that requires continuous
15
full time service; or
16
(b) is required to render continuous full time service after
17
volunteering to do so (see section 26); or
18
(c) is called out under Division 3 of this Part or Division 1 of
19
Part IV.
20
Note:
Reserves means the Naval Reserve, the Army Reserve and the Air
21
Force Reserve: see subsection 4(1).
22
25 Training for Reserves
23
Members of the Reserves must render service during training
24
periods in accordance with the regulations.
25
26 Volunteer service by Reserves
26
(1) A member of the Reserves may volunteer to render the following
27
for a period or periods specified by the member:
28
(a) continuous full time service;
29
(b) service other than continuous full time service.
30
(2) The Chief of the Defence Force may accept some or all of the
31
service.
32
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
12
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
(3) The member is bound to render the service accepted by the Chief
1
of the Defence Force.
2
27 Service is not a civil contract
3
No civil contract of any kind is created with the Crown or the
4
Commonwealth in connection with a member's service in the
5
Defence Force.
6
Division 3--Calling out the Reserves
7
28 Governor-General may call out Reserves
8
(1) The Governor-General may, by call out order published in the
9
Gazette, call out some or all of the Reserves for continuous full
10
time service.
11
(2) A call out order is not a legislative instrument.
12
Circumstances for call out order
13
(3) However, a call out order may only be made in circumstances
14
(whether within or outside Australia) involving one or more of the
15
following:
16
(a) war or warlike operations;
17
(b) a time of defence emergency;
18
(c) defence preparation;
19
(d) peacekeeping or peace enforcement;
20
(e) assistance to Commonwealth, State, Territory or foreign
21
government authorities and agencies in matters involving
22
Australia's national security or affecting Australian defence
23
interests;
24
(f) support to community activities of national or international
25
significance;
26
(g) civil aid, humanitarian assistance, medical or civil emergency
27
or disaster relief.
28
Advice to Governor-General
29
(4) In making or revoking a call out order, the Governor-General is to
30
act with the advice of:
31
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
13
(a) the Executive Council; or
1
(b) if, after the Minister has consulted the Prime Minister, the
2
Minister is satisfied that, for reasons of urgency, the
3
Governor-General should act with the advice of the Minister
4
alone--the Minister.
5
When call out order takes effect
6
(5) A call out order takes effect on:
7
(a) the day specified in the order; or
8
(b) if no day is specified--the day on which the order is
9
published in the Gazette.
10
When revocation takes effect
11
(6) A revocation of a call out order takes effect on:
12
(a) the day specified in the revocation; or
13
(b) if no day is specified--the day on which the revocation is
14
published in the Gazette.
15
Effect of revocation
16
(7) To avoid doubt, if a call out order is revoked the call out under that
17
order ends.
18
Further orders
19
(8) The making of a call out order in relation to particular
20
circumstances does not prevent the making of further call out
21
orders in relation to those circumstances.
22
29 Period of service during call out
23
Period specified by Chief of the Defence Force
24
(1) A member of the Reserves covered by a call out order is bound to
25
render continuous full time service for the period specified in
26
writing by the Chief of the Defence Force.
27
Length of period
28
(2) The period of service:
29
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
14
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
(a) must start on the day on which the call out order takes effect;
1
and
2
(b) may be indefinite or limited.
3
(3) Unless it ends earlier, and despite any specification by the Chief of
4
the Defence Force, the period ends on the day on which the call out
5
ends.
6
Further periods
7
(4) The specification of a period under a call out order does not
8
prevent the specification of further periods under the call out order.
9
Other continuous full time service not affected
10
(5) This section does not limit a requirement to render continuous full
11
time service otherwise than under this section.
12
8 Subsections 51A(2), 51B(2) and 51C(2)
13
Omit "Emergency Forces or the".
14
9 Paragraph 52(2)(a)
15
Omit ", the Naval Defence Act 1910 or the Air Force Act 1923".
16
10 Section 53
17
Omit "(within the meaning of the Governance of Australian
18
Government Superannuation Schemes Act 2011)".
19
11 Section 58A (definition of cadet)
20
Repeal the definition.
21
12 Section 58A (definition of member of the family)
22
Repeal the definition, substitute:
23
member of the family, in relation to a member, includes a member
24
of the household of the member and a dependant of the member.
25
13 Subsection 58B(1)
26
Omit "the Naval Defence Act 1910 or the Air Force Act 1923,".
27
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
15
14 Paragraphs 58B(1)(a), (b), (c) and (e)
1
Omit "or cadets" (wherever occurring).
2
15 Paragraph 58B(1)(g)
3
Omit "or cadet".
4
16 Subsection 58B(1B)
5
Omit "or cadet" (wherever occurring).
6
17 Subsection 58B(3)
7
Repeal the subsection.
8
18 Section 58E
9
Repeal the section, substitute:
10
58E Delegation
11
(1) The Minister may delegate his or her powers to make
12
determinations under subsection 58B(1) to one or more of the
13
following:
14
(a) the Secretary;
15
(b) an SES employee performing duty in the Department;
16
(c) an APS employee who holds, or performs the duties of, a
17
position not below an Executive Level 2 position, or
18
equivalent, in the Department;
19
(d) an officer of the Navy who holds a rank not below the rank of
20
Captain;
21
(e) an officer of the Army who holds a rank not below the rank
22
of Colonel;
23
(f) an officer of the Air Force who holds a rank not below the
24
rank of Group Captain.
25
(2) However, the Minister must not delegate his or her power under
26
paragraph 58B(1)(ga) to make determinations for and in relation to
27
payments, by way of compensation, incentives or other benefits.
28
19 Subsection 58G(2) (note)
29
Repeal the note.
30
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
16
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
20 Subsection 58H(14)
1
Omit "the Air Force Act 1923 or the Naval Defence Act 1910,".
2
21 Subsection 58L(2) (note)
3
Repeal the note.
4
22 Part V
5
Repeal the Part, substitute:
6
Part V--Australian Defence Force Cadets
7
8
62 Australian Defence Force Cadets
9
(1) The Australia Defence Force Cadets (or ADF Cadets or Cadets)
10
consists of the following:
11
(a) the Australian Navy Cadets;
12
(b) the Australian Army Cadets;
13
(c) the Australian Air Force Cadets.
14
(2) The Australian Navy Cadets consists of persons who have
15
volunteered and been accepted by the Chief of the Defence Force
16
as officers, instructors or cadets in the Australian Navy Cadets.
17
(3) The Australian Army Cadets consists of persons who have
18
volunteered and been accepted by the Chief of the Defence Force
19
as officers, instructors or cadets in the Australian Army Cadets.
20
(4) The Australian Air Force Cadets consists of persons who have
21
volunteered and been accepted by the Chief of the Defence Force
22
as officers, instructors or cadets in the Australian Air Force Cadets.
23
62A Direction and administration of the Cadets
24
(1) The Chief of the Defence Force is to direct and administer the
25
Cadets.
26
(2) In directing and administering the Cadets, the Chief of the Defence
27
Force must comply with any directions of the Minister.
28
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
17
(3) The Chief of the Defence Force may direct the Vice Chief of the
1
Defence Force, a service chief or any other member of the Defence
2
Force to assist with the direction and administration of the Cadets.
3
(4) The Chief of the Defence Force may use members of the Defence
4
Force and the resources of the Defence Force for the purposes of
5
administering, managing, supervising and training cadets.
6
Note:
The use and management of public resources must comply with the
7
requirements of the Public Governance, Performance and
8
Accountability Act 2013.
9
62B Chief of the Defence Force may make determinations
10
(1) The Chief of the Defence Force may, by legislative instrument,
11
make determinations providing for and in relation to the following:
12
(a) the payment of allowances or other pecuniary benefits to or
13
for cadets;
14
(b) the payment of allowances or other pecuniary benefits to or
15
in respect of members of the families of cadets;
16
(c) the provision of other benefits to or in respect of cadets, or to
17
or in respect of members of the families of cadets.
18
(2) A legislative instrument under subsection (1) may provide for an
19
amount paid under a determination made under that subsection to
20
be wholly or partly repaid to the Commonwealth if an event
21
specified in the determination occurs.
22
62C Relationship to the Defence Force
23
(1) A cadet is not a member of the Defence Force.
24
(2) A person with a role in administering, managing, supervising or
25
training cadets does not become a member of the Defence Force
26
because of that role.
27
62D Acceptance is not a civil contract
28
No civil contract of any kind is created with the Crown or the
29
Commonwealth in connection with the acceptance of a person as
30
an officer, instructor or cadet in the Cadets.
31
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
18
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
62E Annual report
1
(1) The Chief of the Defence Force must, as soon as practicable after
2
the end of each financial year, prepare a report on the
3
administration of the Cadets during that year.
4
(2) The report must be included in the annual report prepared by the
5
Secretary and given to the Minister under section 46 of the Public
6
Governance, Performance and Accountability Act 2013 for the
7
financial year.
8
23 Section 93 (definition of Defence Instructions)
9
Repeal the definition.
10
24 Section 93 (paragraphs (b) and (c) of the definition of
11
relevant authority)
12
Omit "relevant service chief", substitute "Chief of the Defence Force".
13
25 Section 93A
14
Omit "or a service chief".
15
26 Subsections 103(2) and (3)
16
Omit "relevant service chief", substitute "Chief of the Defence Force".
17
27 Subsection 109(1)
18
Omit "section 9A", substitute "section 11".
19
28 Paragraph 110DA(2)(b)
20
Repeal the paragraph.
21
29 Paragraph 110O(1)(a)
22
Omit "appropriate service chief", substitute "Chief of the Defence
23
Force".
24
30 Subsection 116B(1)
25
Omit "Chief of Navy, the Chief of Army or the Chief of Air Force",
26
substitute "Chief of the Defence Force".
27
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
19
31 Paragraphs 116B(1)(a) and (b)
1
Omit "under his or her command".
2
32 Subsection 116B(3)
3
Omit "Australian Navy, the Australian Army or the Australian Air
4
Force, as the case may be,", substitute "Defence Force".
5
33 Subsections 116C(3), 116E(1) and 116M(1)
6
Omit "or a service chief".
7
34 Subsection 116M(1)
8
Omit ", other than this power of delegation".
9
35 Subsection 116M(2)
10
Omit "or a service chief".
11
36 Subsections 116M(3) and (4)
12
Repeal the subsections.
13
37 Subsections 116M(5) and (6)
14
Omit "or a service chief" (wherever occurring).
15
38 Subsection 116R(1)
16
Repeal the subsection, substitute:
17
(1) The Minister may by writing signed by him or her, delegate to an
18
officer of the Defence Force or an officer of the Department all or
19
any of his or her powers under this Part or the by-laws, other than
20
his or her powers under section 116ZD to make by-laws.
21
39 Subsections 116R(2) and (3)
22
Repeal the subsections.
23
40 Subsection 117(1) (definition of Naval ship)
24
Omit "Australian Navy", substitute "Defence Force".
25
41 Subsection 117(1) (definition of officer)
26
Omit "Australian Navy", substitute "Defence Force".
27
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
20
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
42 Subsection 117(2)
1
Omit "Navy", substitute "the Defence Force".
2
43 Paragraph 117(3)(b)
3
Omit "Australian Navy", substitute "Defence Force".
4
44 Paragraph 117A(2)(a)
5
Omit "Navy", substitute "the Defence Force".
6
45 Subsection 117A(3)
7
Omit "Navy", substitute "the Defence Force".
8
46 Section 119
9
Before "The regulations", insert "(1)".
10
47 At the end of section 119
11
Add:
12
(2) Subsection (1) does not prevent the Minister making a
13
determination under section 58B that deals with matters covered by
14
that subsection.
15
48 Subsections 120A(3A) and (3B)
16
Omit "subsections 9A(1) and (2) to issue the instructions known as
17
Defence Instructions (General)", substitute "section 11 to issue Defence
18
Instructions".
19
49 Subsection 120A(3D)
20
Repeal the subsection, substitute:
21
Delegations by the Chief of the Defence Force
22
(3D) The Chief of the Defence Force may, by instrument in writing,
23
delegate his or her powers as follows:
24
(a) the power under subsection 26(2) to accept volunteer service
25
by members of the Reserves--to an officer of the Defence
26
Force;
27
(b) the power under subsection 29(1) to specify periods of
28
continuous full time service for members of the Reserves
29
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
21
covered by a call out order--to an officer of the Defence
1
Force;
2
(c) powers in relation to flexible service determinations under
3
subsections 23(2) and (3)--to an officer of the Defence
4
Force;
5
(d) the power under section 93A to determine authorised persons
6
for the purposes of Part VIIIA (testing for prohibited
7
substances)--to:
8
(i) an officer of the Navy who holds a rank not below the
9
rank of Commodore; or
10
(ii) an officer of the Army who holds a rank not below the
11
rank of Brigadier; or
12
(iii) an officer of the Air Force who holds a rank not below
13
the rank of Air Commodore;
14
(e) powers under sections 100, 101, 103 and 104 relating to
15
testing for prohibited substances--to:
16
(i) an officer of the Navy who holds a rank not below the
17
rank of Commander; or
18
(ii) an officer of the Army who holds a rank not below the
19
rank of Lieutenant-Colonel; or
20
(iii) an officer of the Air Force who holds a rank not below
21
the rank of Wing Commander; or
22
(iv) an APS employee who holds, or performs the duties of,
23
a position not below an Executive Level 1 position, or
24
equivalent, in the Department;
25
(f) powers under section 123A--to an officer of the Defence
26
Force.
27
50 Subsections 120A(3DA) to (4D)
28
Repeal the subsections.
29
51 Subsection 120A(5)
30
Repeal the subsection (not including the heading).
31
52 Subsections 120A(6) and (7)
32
Repeal the subsections.
33
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
22
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
53 Section 122
1
Omit "of the Australian Navy, the Australian Army or the Australian
2
Air Force, the enlistment of a sailor, soldier or airman,", substitute "or
3
enlistment of a member of the Defence Force".
4
54 Section 123A
5
Omit "or a service chief" (wherever occurring).
6
55 Section 123AA
7
Repeal the section.
8
56 Paragraphs 123F(a) and (b)
9
Omit "Chief of Navy, the Chief of Army or the Chief of Air Force, as
10
the case requires", substitute "Chief of the Defence Force".
11
57 After paragraph 124(1)(ac)
12
Insert:
13
(ad) the appointment of the Chief of Navy, the Chief of Army and
14
the Chief of Air Force; and
15
58 Paragraphs 124(1)(b), (c), (e) and (i)
16
Omit "or cadet" (wherever occurring).
17
59 After paragraph 124(1)(i)
18
Insert:
19
(ia) the administration, management, supervision and training of
20
cadets; and
21
60 Paragraph 124(1)(qd)
22
Repeal the paragraph.
23
61 Subsection 124(1B)
24
Omit "cadet,".
25
62 At the end of the Act
26
Add:
27
Amendment of the Defence Act 1903 Schedule 1
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
23
Schedule 1--Ranks and corresponding ranks
1
Note:
See section 21.
2
3
4
1 Ranks and corresponding ranks
5
(1) The ranks of members of the Defence Force (other than chaplains)
6
in the Navy, Army and Air Force are set out in the following table.
7
8
Ranks and corresponding ranks
Item
Column 1
Navy
Column 2
Army
Column 3
Air Force
1
Admiral of the Fleet
Field Marshal
Marshal of the Royal
Australian Air Force
2
Admiral
General
Air Chief Marshal
3
Vice Admiral
Lieutenant General
Air Marshal
4
Rear Admiral
Major General
Air Vice Marshal
5
Commodore
Brigadier
Air Commodore
6
Captain
Colonel
Group Captain
7
Commander
Lieutenant Colonel
Wing Commander
8
Lieutenant Commander
Major
Squadron Leader
9
Lieutenant
Captain
Flight Lieutenant
10
Sub Lieutenant
Lieutenant
Flying Officer
11
Acting Sub Lieutenant
Second Lieutenant
Pilot Officer
12
Midshipman
Staff Cadet or Officer
Cadet
Officer Cadet
13
Warrant Officer of the
Navy
Regimental Sergeant
Major of the Army
Warrant Officer of the
Air Force
14
Warrant Officer
Warrant Officer Class
1
Warrant Officer
15
Chief Petty Officer
Warrant Officer Class
2
Flight Sergeant
16
Staff Sergeant
17
Petty Officer
Sergeant
Sergeant
18
Leading Seaman
Corporal
Corporal
Schedule 1 Amendment of the Defence Act 1903
Part 1 Amendments
24
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Ranks and corresponding ranks
Item
Column 1
Navy
Column 2
Army
Column 3
Air Force
19
Lance Corporal
20
Able Seaman
Leading Aircraftman
21
Seaman
Private
Aircraftman
1
(2) A rank specified in an item in the table in subclause (1) is a
2
corresponding rank in relation to any other rank specified in that
3
item.
4
(3) A reference in an item in the table in subclause (1) to a rank is
5
taken to include a reference to any other rank, not specified in that
6
table, that is equivalent to the rank specified in that item.
7
Amendment of the Defence Act 1903 Schedule 1
Transitional provisions Part 2
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
25
Part 2--Transitional provisions
1
63 Appointments of service chiefs
2
The appointment of a service chief, in force immediately before the
3
commencement of this Schedule, has effect, immediately after that
4
commencement, as if it had been made under the regulations.
5
64 Service obligations
6
To avoid doubt, neither the amendments made by this Schedule nor the
7
repeals made by Schedule 3 affect an obligation to render full time
8
continuous service that was in force immediately before the
9
commencement of this Schedule.
10
65 Defence Instructions
11
(1)
Defence Instructions (General), as in force immediately before the
12
commencement of this Schedule, have effect immediately after that
13
commencement as if they had been issued by the Secretary and the
14
Chief of the Defence Force under subsection 11(1) of the Defence Act
15
1903.
16
(2)
Defence Instructions (Navy), Defence Instructions (Army) and Defence
17
Instructions (Air Force), as in force immediately before the
18
commencement of this Schedule, have effect immediately after that
19
commencement as if they had been issued by the Secretary and the
20
Chief of the Defence Force under subsection 11(1) of the Defence Act
21
1903.
22
Defence Instructions (Navy, Army and Air Force) cease to have
23
effect after 18 months
24
(3)
Defence Instructions (Navy), Defence Instructions (Army) and Defence
25
Instructions (Air Force) continued in force under subclause (2), and as
26
amended by the Secretary and the Chief of the Defence Force under
27
subsection 11(1) of the Defence Act 1903, cease to have effect 18
28
months after the commencement of this Schedule.
29
Schedule 1 Amendment of the Defence Act 1903
Part 2 Transitional provisions
26
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
66 Navy (Canteens) Regulations 1954
1
The Navy (Canteens) Regulations 1954, as in force immediately before
2
the commencement of this Schedule, have effect, immediately after that
3
commencement, as if they had been made under the Defence Act 1903.
4
67 Cadets
5
A person who, immediately before the commencement of this Schedule,
6
is an officer, instructor or cadet in the Australian Navy Cadets, the
7
Australian Army Cadets or the Australian Air Force Cadets is taken,
8
immediately after that commencement, to have been accepted as such
9
an officer, instructor or cadet under section 62 of the Defence Act 1903.
10
68 Cadet Forces Regulation 2013
11
(1)
The Cadet Forces Regulation 2013, as in force immediately before the
12
commencement of this Schedule, has effect, immediately after that
13
commencement, as if it had been made under paragraph 124(ia) of the
14
Defence Act 1903.
15
(2)
A reference in the Cadet Forces Regulation 2013, immediately before
16
the commencement of this Schedule, to a provision repealed by this
17
Schedule or Schedule 3 is taken, after that commencement, to be a
18
reference to paragraph 124(ia) of the Defence Act 1903.
19
Amendment of other Acts Schedule 2
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
27
Schedule 2--Amendment of other Acts
1
Part 1--Amendments
2
Age Discrimination Act 2004
3
1 Section 5 (paragraph (d) of the definition of Commonwealth
4
employee)
5
Omit ", the Commonwealth Electoral Act 1918 or the Naval Defence
6
Act 1910", substitute "or the Commonwealth Electoral Act 1918".
7
2 Schedule 1 (table item 7)
8
Repeal the item.
9
3 Schedule 1 (table item 23)
10
Omit "(General), Defence Instructions (Navy), Defence Instructions
11
(Army) and Defence Instructions (Air Force) (within the meaning of
12
section 9A", substitute "(within the meaning".
13
4 Schedule 1 (table item 34)
14
Repeal the item.
15
Archives Act 1983
16
5 Paragraphs 3(3)(b) to (d)
17
Repeal the paragraphs, substitute:
18
and (b) the Australian Defence Force Cadets.
19
Australian Citizenship Act 2007
20
6 Subsection 23(4) (note at the end of the definition of
21
service)
22
Omit "Naval Defence Act 1910, the Defence Act 1903 and the Air Force
23
Act 1923", substitute "Defence Act 1903".
24
Schedule 2 Amendment of other Acts
Part 1 Amendments
28
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Australian Defence Force Cover Act 2015
1
7 Section 4 (paragraph (a) of the definition of continuous
2
full-time Reservist)
3
Omit all the words after "accepted", substitute "under subsection 26(2)
4
of the Defence Act 1903".
5
8 Section 4 (definition of Permanent Forces)
6
Repeal the definition, substitute:
7
Permanent Forces has the same meaning as in the Defence Act
8
1903.
9
9 Section 4 (definition of Reserves)
10
Repeal the definition, substitute:
11
Reserves has the same meaning as in the Defence Act 1903.
12
Australian Defence Force Superannuation Act 2015
13
10 Section 4 (paragraph (a) of the definition of continuous
14
full-time Reservist)
15
Omit all the words after "accepted", substitute "under subsection 26(2)
16
of the Defence Act 1903".
17
11 Section 4 (definition of Permanent Forces)
18
Repeal the definition, substitute:
19
Permanent Forces has the same meaning as in the Defence Act
20
1903.
21
12 Section 4 (definition of Reserves)
22
Repeal the definition, substitute:
23
Reserves has the same meaning as in the Defence Act 1903.
24
Australian National Maritime Museum Act 1990
25
13 Subsection 3(1) (definition of naval member)
26
Omit "Navy", substitute "the Defence Force".
27
Amendment of other Acts Schedule 2
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
29
14 Subsection 17(2A)
1
Omit "Navy", substitute "the Defence Force".
2
15 Subsection 17(5A)
3
Omit "Navy", substitute "the Defence Force".
4
16 Subsection 20(2)
5
Omit "Navy", substitute "the Defence Force".
6
Defence Force Discipline Act 1982
7
17 Subsection 3(1) (paragraph (a) of the definition of general
8
order)
9
Omit "(General), a Defence Instruction (Navy), a Defence Instruction
10
(Army) or a Defence Instruction (Air Force)".
11
18 Paragraph 3(4)(a)
12
Omit ", the Naval Defence Act 1910 or the Air Force Act 1923".
13
19 Subparagraph 3(11)(a)(i)
14
Omit "(Navy), a Defence Instruction (Army) or a Defence Instruction
15
(Air Force)".
16
20 Subsection 190A(2)
17
Omit "A service", substitute "The Chief of the Defence Force, a
18
service".
19
Defence Force Retirement and Death Benefits Act 1973
20
21 Subsection 19(3)
21
Repeal the subsection, substitute:
22
(3) If a member's hours of duty or periods of duty are determined
23
under a flexible service determination (within the meaning of the
24
Defence Act 1903), the fortnightly rate of pay applicable to the
25
member is the rate of pay that would have been applicable if the
26
member's hours of duty or periods of duty were not determined
27
under the flexible service determination.
28
Schedule 2 Amendment of other Acts
Part 1 Amendments
30
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
22 Subsection 23(4)
1
Omit "Chief of Navy, the Chief of Army or the Chief of Air Force or a
2
person authorized in writing by the Chief of Navy, the Chief of Army or
3
the Chief of Air Force, as the case requires,", substitute "Chief of the
4
Defence Force or a person authorized in writing by the Chief of the
5
Defence Force".
6
23 Section 37 (heading)
7
Repeal the heading, substitute:
8
37 Chief of the Defence Force may inform CSC of grounds of
9
retirement
10
24 Section 37
11
Omit "Chief of Navy, the Chief of Army or the Chief of Air Force or a
12
person authorized in writing by the Chief of Navy, the Chief of Army or
13
the Chief of Air Force, as the case requires,", substitute "Chief of the
14
Defence Force or a person authorized in writing by the Chief of the
15
Defence Force".
16
Defence Forces Retirement Benefits Act 1948
17
25 Subsection 51(6)
18
Omit "Chief of Navy, the Chief of Army or the Chief of Air Force or a
19
person authorized in writing by the Chief of Navy, the Chief of Army or
20
the Chief of Air Force, as the case requires,", substitute "Chief of the
21
Defence Force or a person authorized in writing by the Chief of the
22
Defence Force".
23
Defence Housing Australia Act 1987
24
26 Subsection 3(1) (definition of service chief)
25
Repeal the definition.
26
27 Paragraphs 27(2)(c) to (e)
27
Repeal the paragraphs, substitute:
28
(c) up to 3 persons appointed by the Chief of the Defence Force;
29
Amendment of other Acts Schedule 2
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
31
28 Paragraph 57(1)(b)
1
Omit "a service chief", substitute "the Chief of the Defence Force".
2
29 Section 66
3
Repeal the section, substitute:
4
66 Delegation by Chief of the Defence Force
5
(1) The Chief of the Defence Force may, by writing, delegate to an
6
officer of the Defence Force all or any of his or her powers under
7
this Act.
8
(2) An officer exercising a power delegated under this section is
9
subject to the directions of the Chief of the Defence Force.
10
Defence (Parliamentary Candidates) Act 1969
11
30 Subsection 5(1) (definition of appropriate service chief)
12
Repeal the definition.
13
31 Sections 7, 8 and 9
14
Omit "appropriate service chief" (wherever occurring), substitute
15
"Chief of the Defence Force".
16
32 Subsections 10(1), 11(1) and 12(1)
17
Omit "appropriate service chief" (wherever occurring), substitute
18
"Chief of the Defence Force".
19
33 Sections 13, 14 and 16
20
Omit "appropriate service chief" (wherever occurring), substitute
21
"Chief of the Defence Force".
22
34 Section 18
23
Omit "Navy, the Chief of Army or the Chief of Air", substitute "the
24
Defence".
25
35 Section 19
26
Repeal the section, substitute:
27
Schedule 2 Amendment of other Acts
Part 1 Amendments
32
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
19 Delegation
1
(1) The Chief of the Defence Force may, by signed writing, delegate to
2
a person any of his or her powers or functions under this Act.
3
(2) A delegation under this section continues in force despite a change
4
in the occupancy of, or a vacancy in, the office of Chief of the
5
Defence Force.
6
Defence Reserve Service (Protection) Act 2001
7
36 Section 7 (definition of call out day)
8
Omit "50D", substitute "28".
9
37 Section 7 (definition of service chief)
10
Repeal the definition.
11
38 Subsection 9(1) (definition of dependant)
12
Omit "50D", substitute "28".
13
39 Subsection 12(1)
14
Omit "subsection 32A(3) of the Naval Defence Act 1910,
15
subsection 50(3) of the Defence Act 1903 or subsection 4J(3) of the Air
16
Force Act 1923", substitute "subsection 26(1) of the Defence Act 1903".
17
40 Paragraph 12(1)(a)
18
Omit "a service chief", substitute "the Chief of the Defence Force".
19
41 Subsection 12(2)
20
Omit "a service chief", substitute "the Chief of the Defence Force".
21
42 Section 13
22
Omit "50D", substitute "28".
23
43 Section 79
24
Omit "A service chief", substitute "The Chief of the Defence Force".
25
44 Section 79
26
Omit "in that service".
27
Amendment of other Acts Schedule 2
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
33
Defence (Visiting Forces) Act 1963
1
45 Subsection 8(7)
2
Omit "Navy, the Chief of Army or the Chief of Air", substitute "the
3
Defence".
4
46 Subsection 8(7)
5
Omit "that part of the Defence Force under his or her command",
6
substitute "the Defence Force".
7
47 Subsection 28(3)
8
Omit "or a service chief".
9
48 Subsection 28(3)
10
Omit ", other than this power of delegation".
11
49 Subsection 28(4)
12
Omit "or a service chief".
13
50 Subsection 28(6)
14
Omit "or a service chief".
15
51 Subsection 28(7)
16
Omit ", of Chief of the Defence Force or of service chief", substitute
17
"or Chief of the Defence Force".
18
52 Paragraph 28(8)(b)
19
Omit "or a service chief" (wherever occurring).
20
53 Paragraph 28(8)(b)
21
Omit "or the service chief".
22
Disability Discrimination Act 1992
23
54 Subsection 4(1) (paragraph (e) of the definition of
24
Commonwealth employee)
25
Omit ", the Commonwealth Electoral Act 1918 or the Naval Defence
26
Act 1910", substitute "or the Commonwealth Electoral Act 1918".
27
Schedule 2 Amendment of other Acts
Part 1 Amendments
34
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Freedom of Information Act 1982
1
55 Paragraphs 4(4)(b) to (d)
2
Repeal the paragraphs, substitute:
3
and (b) the Australian Defence Force Cadets.
4
Income Tax Assessment Act 1936
5
56 Subsection 79B(1B)
6
Omit "or a service chief" (wherever occurring).
7
Long Service Leave (Commonwealth Employees) Act 1976
8
57 Paragraph 12(10)(b)
9
Omit ", the Naval Defence Act 1910 or the Air Force Act 1923,".
10
Maritime Powers Act 2013
11
58 Subsection 114(3)
12
Omit "Naval Defence Act 1910", substitute "Defence Act 1903".
13
59 Paragraph 121(1)(a)
14
Omit ", the Chief of Navy, the Chief of Army or the Chief of Air
15
Force".
16
Military Rehabilitation and Compensation Act 2004
17
60 Subsection 5(1) (definition of Australian Defence Force
18
cadets)
19
Repeal the definition, substitute:
20
Australian Defence Force Cadets has the meaning given by the
21
Defence Act 1903.
22
61 Subsection 5(1) (definition of Permanent Forces)
23
Repeal the definition, substitute:
24
Amendment of other Acts Schedule 2
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
35
Permanent Forces has the same meaning as in the Defence Act
1
1903.
2
62 Subsection 5(1) (definition of Reserves)
3
Repeal the definition, substitute:
4
Reserves has the same meaning as in the Defence Act 1903.
5
63 Subparagraph 362(1)(e)(v)
6
Omit "and".
7
64 Subparagraph 362(1)(e)(vi)
8
Repeal the subparagraph.
9
65 Section 438
10
Repeal the section, substitute:
11
438 Delegation by Chief of the Defence Force
12
The Chief of the Defence Force may, in writing, delegate any of
13
his or her functions or powers under a provision of this Act to:
14
(a) a person:
15
(i) who is engaged under the Public Service Act 1999 and
16
performing duties in the Department administered by
17
the Defence Minister or the Veterans' Affairs Minister;
18
and
19
(ii) whose duties relate to matters to which the provision
20
relates; or
21
(b) a member of the Defence Force whose duties relate to
22
matters to which the provision relates.
23
Navigation Act 2012
24
66 Subsection 14(1) (definition of Australian Navy)
25
Repeal the definition.
26
67 Subsection 223(1)
27
Omit "Australian Navy", substitute "Department of Defence".
28
Schedule 2 Amendment of other Acts
Part 1 Amendments
36
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Office of National Assessments Act 1977
1
68 Section 3 (paragraph (c) of the definition of prescribed
2
Commonwealth officer)
3
Repeal the paragraph.
4
Privacy Act 1988
5
69 Subsection 6(1) (definition of Defence Force)
6
Omit "Australian Navy Cadets, the Australian Army Cadets and the
7
Australian Air Force Cadets", substitute "Australian Defence Force
8
Cadets".
9
Public Interest Disclosure Act 2013
10
70 Section 8 (paragraphs (b) to (d) of the definition of
11
Defence Department)
12
Repeal the paragraphs, substitute:
13
(b) the Australian Defence Force Cadets.
14
Safety, Rehabilitation and Compensation Act 1988
15
71 Paragraphs 6A(1)(b) to (d)
16
Repeal the paragraphs, substitute:
17
(b) members of the Australian Defence Force Cadets;
18
72 Paragraph 33(2)(b)
19
Omit "Naval Defence Act 1910, the Defence Act 1903 or the Air Force
20
Act 1923", substitute "Defence Act 1903".
21
73 Section 141 (definition of service chief)
22
Repeal the definition.
23
74 Paragraph 151(1)(ba)
24
Omit "or".
25
Amendment of other Acts Schedule 2
Amendments Part 1
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
37
75 Paragraph 151(1)(c)
1
Repeal the paragraph.
2
76 Subsections 152(2) to (4)
3
Repeal the subsections, substitute:
4
(2) The Chief of the Defence Force may, in writing, delegate any of
5
his or her functions or powers under a provision of this Act to a
6
person to whom the Chief of the Defence Force can delegate
7
functions or powers under section 438 of the MRCA.
8
Sex Discrimination Act 1984
9
77 Paragraph 4(1) (paragraph (e) of the definition of
10
Commonwealth employee)
11
Omit ", the Commonwealth Electoral Act 1918 or the Naval Defence
12
Act 1910", substitute "or the Commonwealth Electoral Act 1918".
13
Sydney Harbour Federation Trust Act 2001
14
78 Subsection 21(1)
15
Omit "Naval Defence Act 1910", substitute "Defence Act 1903".
16
Work Health and Safety Act 2011
17
79 Subsection 232(3) (paragraph (d) of the definition of
18
official inquiry)
19
Omit ", the Naval Defence Act 1910 or the Air Force Act 1923".
20
Schedule 2 Amendment of other Acts
Part 2 Transitional provisions
38
Defence Legislation Amendment (First Principles) Bill 2015
No. , 2015
Part 2--Transitional provisions
1
80 Saving
2
(1)
Despite the amendment of paragraph 12(10)(b) of the Long Service
3
Leave (Commonwealth Employees) Act 1976 by item 57, that
4
paragraph, as in force immediately before the amendment, continues in
5
effect in relation to a period of defence service being rendered at the
6
time of the amendment.
7
(2)
Despite the amendment of paragraph 33(2)(b) of the Safety,
8
Rehabilitation and Compensation Act 1988 by item 72, that paragraph,
9
as in force immediately before the amendment, continues in effect in
10
relation to an amount paid or payable in respect of a period of leave of
11
absence granted, or in lieu of the grant of a period of leave of absence
12
before the time of the amendment.
13
(3)
Despite the amendment of subsection 232(3) of the Work Health and
14
Safety Act 2011 by item 79, that subsection, as in force immediately
15
before the amendment, continues in effect in relation to a proceeding or
16
inquiry begun before the time of the amendment.
17
Repeals Schedule 3
No. , 2015
Defence Legislation Amendment (First Principles) Bill 2015
39
Schedule 3--Repeals
1
2
Air Force Act 1923
3
1 The whole of the Act
4
Repeal the Act.
5
Naval Defence Act 1910
6
2 The whole of the Act
7
Repeal the Act.
8