DEFENCE ACT 1903

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

DEFENCE ACT 1903

TABLE OF PROVISIONS

Long Title

PART I--INTRODUCTORY

1. Short title
3. Commencement of Act
4. Interpretation
5. Application of Act
5A. Extension of Act to Territories
6. Application of the Criminal Code
7. Act does not appropriate money

PART II--CONTROL--AND ADMINISTRATION

8. The Minister
9. Command of the Defence Force
10. Administration of the Defence Force
11. Defence Instructions
12. Appointments
13. Acting appointments
14. Resignation
15. Termination of appointment
16. Remuneration and allowances

PART III--THE--AUSTRALIAN DEFENCE FORCE

Division 1--Constitution of the Australian Defence Force

17. The Australian Defence Force
18. Royal Australian Navy
19. Australian Army
20. Royal Australian Air Force
21. Ranks and corresponding ranks

Division 2--Service in the Defence Force

22. Voluntary entry
23. Service in the Permanent Forces
24. Service in the Reserves
25. Training for Reserves
26. Volunteer service by Reserves
27. Service is not a civil contract

Division 3--Calling out the Reserves

28. Governor - General may call out Reserves
29. Period of service while covered by call out order

PART IIIAAA--CALLING--OUT THE DEFENCE FORCE TO PROTECT COMMONWEALTH INTERESTS, STATES AND SELF-GOVERNING TERRITORIES

Division 1--Introduction

30. Simplified outline of this Part
31. Definitions

Division 2--Calling out the Defence Force

Subdivision A--Simplified outline of this Division

32. Simplified outline of this Division

Subdivision B--Making call out orders

33. Calling out the Defence Force to protect Commonwealth interests
34. Contingent call out of the Defence Force to protect Commonwealth interests
35. Calling out the Defence Force to protect States and Territories
36. Contingent call out of the Defence Force to protect States and Territories

Subdivision C--Common provisions for making, varying and revoking call out orders

37. Making, varying and revoking call out orders
38. Commonwealth interests orders or variations that were not requested by a State or Territory

Subdivision D--Effect of making call out order

39. Chief of Defence Force to utilise Defence Force as directed
40. Assisting and cooperating with police forces of affected States and Territories

Division 3--Special powers generally authorised by Minister

Subdivision A--Introduction

41. Simplified outline of this Division
42. Application of this Division
43. Powers that may be exercised under this Division and Division 4
44. Location of exercise of powers
45. International obligations

Subdivision B--Special powers generally authorised by Minister

46. Special powers generally authorised by Minister

Division 4--Powers exercised in specified areas

Subdivision A--Introduction

47. Simplified outline of this Division
48. Application of this Division
49. International obligations
50. Members to wear uniforms and identification when exercising powers

Subdivision B--Declaration of specified area

51. Declaration of specified area

Subdivision C--Powers to search premises in specified area

51A. Authorisation to search premises in specified area
51B. Information to be given to occupier etc. and those searched
51C. Occupier etc. entitled to be present during search

Subdivision D--Powers relating to means of transport and persons in specified area

51D. Powers relating to means of transport and persons in specified area
51E. General provisions relating to section 51D

Division 5--Powers to protect declared infrastructure

Subdivision A--Introduction

51F. Simplified outline of this Division
51G. International obligations

Subdivision B--Infrastructure declaration

51H. Infrastructure declaration

Subdivision C--Powers to protect declared infrastructure

51J. Application of this Subdivision
51K. Location of exercise of powers
51L. Powers to protect declared infrastructure

Division 6--Provisions common to Divisions 3 to 5

51M. Simplified outline of this Division
51N. Use of reasonable and necessary force
51P. Persons to be informed of certain matters if detained
51Q. Action to be taken if things are seized
51R. Offence for failing to comply with a direction
51S. Exercise of powers when certain obligations not complied with

Division 7--Expedited orders and declarations

51T. Simplified outline of this Division
51U. Making expedited orders and declarations
51V. Effect of expedited order or declaration
51W. Effect of expedited order on Ministerial authorisation

Division 8--Miscellaneous

Subdivision A--Simplified outline of this Division

51X. Simplified outline of this Division

Subdivision B--Applicable criminal law

51Y. Applicable criminal law
51Z. Defence of superior orders in certain circumstances

Subdivision C--Other provisions

51ZA. Publication of order and report
51ZB. Independent review of this Part
51ZC. Instruments that are not legislative instruments
51ZD. Effect on other Defence Force utilisation and powers

PART IIIAA--SUPERANNUATION

52. Determination of benefit
52A. Department's employer superannuation contributions
52B. Providing information to CSC in relation to invalidity
53. Trustee of scheme providing superannuation benefit

PART IIIA--REMUNERATION--, ALLOWANCES AND OTHER BENEFITS

Division 1--Determinations by the Minister

58A. Interpretation
58B. Minister may make determinations
58E. Delegation

Division 2--The Defence Force Remuneration Tribunal

58F. Interpretation
58G. Establishment of Defence Force Remuneration Tribunal
58H. Functions and powers of Tribunal
58HA. Hearings in relation to discriminatory determinations
58HB. Review of discriminatory determinations
58J. Reports by Tribunal
58K. Procedure of Tribunal
58KA. Single member may conduct Tribunal's business
58KB. Procedure where single member is conducting Tribunal's business
58KC. Review of action etc. of single member
58KD. Determinations giving effect to agreement between the parties
58L. Terms and tenure of office
58M. Resignation
58N. Termination of appointment
58P. Acting appointments
58Q. Fees and allowances

Division 3--The Defence Force Advocate

58R. Interpretation
58S. Defence Force Advocate
58T. Functions of Advocate
58U. Tenure and terms of office
58V. Resignation
58W. Termination of appointment
58X. Acting Defence Force Advocate
58Y. Fees and allowances

PART IV--LIABILITY--TO SERVE IN THE DEFENCE FORCE IN TIME OF WAR

Division 1--Liability to serve

59. Persons liable to serve in Defence Force in time of war
60. Proclamation calling upon persons to serve in time of war
61. Registration and allotment for service
61A. Persons exempt from service
61B. Entry into Defence Force for service
61C. Part not to apply to certain persons

Division 2--Determination of conscientious belief

61CA. Application for determination of conscientious belief
61CB. Secretary must refer application
61CC. Function of Conscientious Objection Tribunals
61CD. Parties to the hearing of an application
61CE. Notice of determination to be given to parties

Division 3--Establishment and membership of Conscientious Objection Tribunals

61CF. Establishment of Conscientious Objection Tribunals
61CG. Period of appointment of members
61CH. Remuneration and allowances of members
61CJ. Other terms and conditions
61CK. Leave of absence
61CL. Resignation
61CM. Removal from office
61CN. Member of a Tribunal unavailable to complete proceeding
61CO. Acting appointments

Division 4--Procedures of Conscientious Objection Tribunals

61CP. Tribunals' way of operating
61CQ. Powers of Tribunals
61CR. Procedure of Tribunals
61CS. Majority decision
61CT. Procedure where opinion of members equally divided
61CU. Hearings
61CV. Onus of proof
61CW. Protection of members and persons giving evidence etc.
61CX. Fees for persons giving evidence
61CY. Failure of witness to attend
61CZ. Refusal to be sworn or to answer questions etc.
61CZA. Contempt of Tribunal

Division 5--Reviews and appeals

61CZB. Review of determinations of Conscientious Objection Tribunals
61CZC. ART Act to apply subject to modification
61CZD. Appeals from ART
61CZE. Operation etc. of decision subject to appeal

PART V--AUSTRALIAN--DEFENCE FORCE CADETS

62. Australian Defence Force Cadets
62A. Direction and administration of the Cadets
62B. Chief of the Defence Force may make determinations
62C. Relationship to the Defence Force
62D. Acceptance is not a civil contract
62E. Annual report

PART VI--SPECIAL--POWERS IN RELATION TO DEFENCE

63. General powers for defence purposes
64. Control of railways in time of war
65. Railways to carry troops etc. when required
66. Conveyance by railway and tramway
67. Registration and impressment of vehicles etc.
68. Billeting and quartering
70. Tolls

PART VIA--SECURITY--OF DEFENCE PREMISES

Division 1--Preliminary

71. Simplified outline
71A. Definitions

Division 2--Defence security officials

71B. Contracted defence security guards
71C. Security authorised members of the Defence Force
71D. Defence security screening employees
71E. Identity cards
71F. Delegations relating to training and qualification requirements
71G. Delegations relating to identity cards

Division 3--Powers exercisable with consent at defence access control points and on defence premises

Subdivision A--General provisions

71H. Consensual identification and limited search--person about to pass a defence access control point
71J. Consensual search--vehicle, vessel or aircraft about to pass a defence access control point
71K. Consensual identification--person on defence premises

Subdivision B--Special provisions for declared explosive ordnance depots

71L. Declared explosive ordnance depots
71M. Consensual search--person on a declared explosive ordnance depot
71N. Consensual search--vehicle, vessel or aircraft on a declared explosive ordnance depot
71P. Powers additional to other powers

Subdivision C--Offences

71Q. Offences--search powers exercised without consent

Division 4--Powers exercisable without consent at defence access control points and on defence premises

71R. Non - consensual identification and search--person about to pass a defence access control point
71S. Non - consensual search--vehicle, vessel or aircraft about to pass a defence access control point
71T. Non - consensual identification and search--person on defence premises
71U. Non - consensual search--vehicle, vessel or aircraft on defence premises
71V. Offence--refusing to provide evidence etc. required under this Division
71W. Offence--hindering or obstructing a search under this Division
71X. Security authorised members of the Defence Force may respond to attack
71Y. Power to stop and detain
71Z. Powers are in addition to powers under this Part

Division 5--Seizure

72. Power to seize things on defence premises

Division 6--Matters relating to exercise of powers under Part

72A. Certain powers to be exercised only by security authorised members of the Defence Force unless not reasonably practicable
72B. Defence security officials must produce identity cards, etc.
72C. Persons to be informed of offence
72D. Conduct of searches and limited searches
72E. Use of equipment to examine things etc.
72F. Power to move certain unattended things on defence premises
72G. Use of reasonable and necessary force, etc. by defence security officials
72H. Use of force involving death or grievous bodily harm by security authorised members of the Defence Force in responding to an attack
72J. Limit on power to restrain and detain
72K. Limit on power to arrest
72L. Powers not to be used to stop protests etc.
72M. Security authorised members of the Defence Force may use dogs
72N. Persons assisting defence security officials

Division 7--Other matters

72P. Unauthorised entry etc. on defence premises or defence accommodation
72Q. Certain information may be collected and provided to law enforcement agencies etc.
72R. Compensation for acquisition of property
72S. Other powers not affected

PART VIB--THE--WOOMERA PROHIBITED AREA

72T. Definitions
72TA. The Woomera Prohibited Area
72TB. Application of this Part and Part VII of the Defence Force Regulations 1952
72TC. Offence--being in the Woomera Prohibited Area without permission
72TD. Standing permission
72TE. Permits
72TF. Minister's permission
72TG. Offence--failing to comply with conditions
72TH. Minister may suspend permission
72TJ. Minister may give directions
72TK. Compensation for acquisition of property
72TL. Compensation for loss or damage
72TM. Review of decisions
72TN. Delegation
72TO. Infringement notices
72TP. The Woomera Prohibited Area Rules

PART VII--OFFENCES

73A. Unlawfully giving or obtaining information as to defences
73F. Penalty
79. Unlawfully disposing of arms etc.
80A. Falsely representing to be returned soldier, sailor or airman
80B. Improper use of service decorations
82. Sketching etc. of fortifications prohibited
83. Unauthorised use, possession or supply of emblems or flags
84. Penalty for bringing contempt on uniform

PART VIII--OFFENCES--IN RELATION TO SERVICE TRIBUNALS

86. Failure of witness to appear
88. False or misleading evidence
89. Contempt of service tribunals etc.
90. Failure to comply with order under section 140 of the Defence Force Discipline Act 1982

PART VIIIA--TESTING--FOR PROHIBITED SUBSTANCES

Division 1--Preliminary

91. Application of Part
92. Object of Part
93. Definitions
93A. Authorised person
93B. Determinations about prohibited substances and prohibited substance tests

Division 2--Testing for prohibited substances

94. Requirement to undergo a prohibited substance test
95. Conduct of testing
96. Notice to person required to provide a sample

Division 3--Return of a positive test result

98. Application
100. Notice to be given of a positive test result
101. Termination

Division 4--Miscellaneous

106. Failure to provide sample
107. Unauthorised acts in relation to sample
108. Finding made as a result of testing not admissible in certain criminal proceedings
109. Defence Instructions
110. Other administrative action not precluded

PART VIIIB--INSPECTOR---GENERAL OF THE AUSTRALIAN DEFENCE FORCE

Division 1--Establishment and functions of the Inspector-General of the Australian Defence Force

110A. Object of Part
110B. Inspector - General of the Australian Defence Force
110C. Functions of the Inspector - General ADF
110DA. Conduct of inquiry or investigation
110DB. Inspector - General ADF may end an inquiry or investigation

Division 2--Administrative provisions about the Inspector-General of the Australian Defence Force

110E. Appointment
110F. Qualifications for appointment
110G. Tenure
110H. Resignation
110I. Remuneration
110J. Leave of absence
110K. Engaging in other paid work
110L. Termination of appointment
110M. Disclosure of interests
110N. Acting appointments
110O. Staff
110P. Inquiry officers, inquiry assistants and Assistants IGADF

Division 3--Other matters

110Q. Protection from civil actions
110R. Annual report by Inspector - General ADF
110S. Delegation

PART VIIIC--DEFENCE--HONOURS AND AWARDS APPEALS TRIBUNAL

Division 1--Preliminary

110T. Definitions

Division 2--Establishment and functions of Defence Honours and Awards Appeals Tribunal

110U. Establishment of Tribunal
110UA. Functions of Tribunal
110UB. Tribunal and Tribunal members not subject to direction

Division 3--Review of decisions by the Tribunal

110V. What decisions are reviewable?
110VA. Who can apply for review?
110VB. Review of decisions by the Tribunal
110VC. Power to dismiss review applications

Division 4--Inquiries by the Tribunal

110W. Minister may direct Tribunal to hold inquiry

Division 5--General provisions relating to operation of the Tribunal

110X. Role of the Chair
110XA. Constitution of Tribunal for Tribunal proceedings
110XB. What happens if a Tribunal member stops being available
110XC. Summoning persons to give evidence or produce documents
110XD. Protection of confidential or sensitive evidence or submissions etc.
110XE. Formal requirements relating to decisions etc. of the Tribunal
110XF. Protection of Tribunal members and other persons
110XG. Disclosure of interests by Tribunal members
110XH. Procedural rules

Division 6--Tribunal members

110Y. Constitution of Tribunal
110YA. Appointment of Tribunal members
110YB. Period of appointment
110YC. Acting appointments
110YD. Other employment
110YE. Remuneration
110YF. Leave
110YG. Resignation
110YH. Termination
110YI. Other terms and conditions

Division 7--Miscellaneous

110Z. Regulations

PART VIIID--DIRECTOR--OF DEFENCE COUNSEL SERVICES

110ZA. Director of Defence Counsel Services
110ZB. Functions and powers of the Director of Defence Counsel Services
110ZC. Delegation
110ZD. Protection from action

PART IX--LEGAL--PROCEDURE

111. Subscription, arms etc. vested in commanding officer
111A. Property of Rifle Club vested in Captain

PART IXAA--PERFORMING--WORK FOR OR PROVIDING TRAINING TO A FOREIGN MILITARY ORGANISATION OR GOVERNMENT BODY

Division 1--Introduction

112. Simplified outline of this Part
113. Definitions
114. Definition of foreign work restricted individual
115. Ministerial legislative instruments

Division 2--Foreign work restricted individuals working for a foreign military organisation or government body

115A. Offence--foreign work restricted individuals working for a foreign military organisation or government body

Division 3--Other individuals providing training to a foreign military organisation or government body

115B. Offence--other individuals providing training to a foreign military organisation or government body

Division 4--Foreign work authorisations

115C. Grant of foreign work authorisation
115D. Offence for failing to comply with a condition of an authorisation
115E. Cancellation of authorisation
115F. Suspension of authorisation
115G. Variation of authorisation--on Minister's own initiative
115H. Variation of authorisation--on request
115J. Notice before decision about authorisation
115K. Internal review of decisions
115L. AAT review of decisions
115M. Disclosure of reasons for decisions

Division 5--Other matters

115N. Delegation by Minister
115P. Review of this Part

PART IXA--PROVISIONS--RELATING TO THE FORCES OF OTHER COUNTRIES

Division 1--Interpretation

116A. Interpretation

Division 2--Attachment of personnel and mutual powers of command

116B. Attachment to the Defence Force of members of the forces of another country and vice versa
116C. Forces serving together
116D. Corresponding ranks

Division 3--Absentees without leave

116E. Interpretation
116F. Apprehension of absentees without leave
116G. Detention of illegal absentee
116H. Disposal of person in custody
116J. Evidence for the purposes of this Division
116K. Proof of facts by certificate

Division 4--Miscellaneous

116M. Delegation

PART IXB--PUBLIC--AREAS OF DEFENCE LAND

116P. Interpretation
116Q. Public areas of defence land
116R. Delegation
116S. Appointment of rangers
116T. Rangers ex officio
116U. Identity cards
116V. Powers of arrest
116W. General powers of rangers
116X. Seizure and forfeiture
116Y. Assaulting etc. rangers
116ZA. Officers and employees of governments and authorities
116ZB. Prosecution of offences
116ZC. Concurrent operation of State and Territory laws
116ZCA. Infringement notices
116ZD. By - laws

PART IXC--SALVAGE--CLAIMS

117. Interpretation
117A. Salvage claims by crew of Naval ships
117AA. Apportionment of salvage between the Commonwealth and crew members
117AB. Apportionment of salvage amongst crew members

PART IXD--DEFENCE--AVIATION AREAS

117AC. Defence aviation areas
117AD. Regulations in relation to defence aviation areas
117AE. Monitoring powers
117AF. Modifications of Part 2 of the Regulatory Powers Act
117AG. Appointment of inspectors for defence aviation areas
117AH. Delegation of powers of Secretary or Chief of Defence Force

PART X--MISCELLANEOUS

117B. Members and former members may bring actions for money due in respect of service
118. Penalty against raising forces without authority
118A. Employer not to prevent employee from serving
118B. Enlistment of apprentices in time of war
119. Forfeiture or suspension of salary in certain circumstances
120. Notice etc. need not be in writing unless required herein
120A. Delegation
120B. Attachment of salaries of members
121. Proof of order
121A. Validation of declaration and past acts in relation to the Woomera Prohibited Area
122. Appointments etc. not invalid because of defect etc. in connection with appointment
122AA. Taxation consequences of disposals of assets to defence companies
122B. Exercise of rights and discharge of duties and obligations by legal officers
123. Immunity from certain State and Territory laws
123AA. Immunity in relation to certain assistance
123A. Intoxicating liquor
123B. Religion
123F. Certain persons not permitted to serve in Defence Force
123G. Orders in relation to rifle ranges
123H. Tactical payment scheme for activities of the Defence Force outside Australia
123J. Delegations in relation to the tactical payment scheme

PART XI--REGULATIONS

124. Regulations
SCHEDULE 1 Ranks and corresponding ranks

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback