Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1997 No. 1 of 1997 - SCHEDULE 1

Schedule 1 - Amendments relating to transfers of Defence Force members
Air Force Act 1923 1 At the end of paragraph 4B(b) Add:
; or (iii) the Australian Army; or

   (iv) the Australian Navy. 2 At the end of paragraph 4C(b) Add:
; or (iii) the Australian Army; or

   (iv) the Australian Navy. 3 At the end of paragraph 4D(4)(b) Add:
; or (iv) the Australian Army; or

   (v)  the Australian Navy.
Defence Act 1903 4 After Division 3 of Part II Insert: Division 3A - Transfer
of officers to other arms of the Defence Force 27AA Transfer of officers

(1) The Chief of Army may, by written instrument, transfer the appointment of
an officer of the Army to the Australian Navy or the Australian Air Force if:

   (a)  the officer consents to the transfer; and

   (b)  the Chief of Navy or the Chief of Air Force (as the case may be)
        approves the transfer.

(2) The instrument must specify:

   (a)  the day on which the transfer takes effect; and

   (b)  the period of service for which the officer is appointed to the
        Australian Navy or the Australian Air Force (as the case may be); and

   (c)  the part of that arm of the Defence Force to which the officer is
        appointed; and

   (d)  the rank that the officer is to hold in that arm of the Defence Force,
        and the officer's seniority in that rank.

(3) If the officer is required, under a determination referred to in paragraph
17(2)(c), to complete a period of service:

   (a)  that requirement continues to apply to the officer after the transfer
        takes effect; and

   (b)  the Chief of Navy or the Chief of Air Force (as the case may be) may,
        without reference to the Governor-General, reject the officer's
        resignation in the same way that the Chief of Army could have rejected
        it under subsection 17(2).

(4) For all purposes connected with the officer's appointment or service as an
officer of the Australian Navy, service rendered by the officer as a member of
the Army before the transfer is taken to have been rendered as a member of the
Australian Navy.

(5) For all purposes connected with the officer's appointment or service as an
officer of the Australian Air Force, service rendered by the officer as a
member of the Army before the transfer is taken to have been rendered as a
member of the Australian Air Force. 5 At the end of paragraph 32(2)(b) Add:
; or (iii) the Australian Navy; or

   (iv) the Australian Air Force. 6 At the end of paragraph 32(3)(b) Add:
; or (iii) the Australian Navy; or

   (iv) the Australian Air Force. 7 At the end of paragraph 32(4)(b) Add:
; or (iii) the Australian Navy; or

   (iv) the Australian Air Force. 8 At the end of paragraph 32A(4)(b) Add:
; or (iii) the Australian Navy; or

   (iv) the Australian Air Force. 9 At the end of paragraph 32A(5)(b) Add:
; or (iii) the Australian Navy; or

   (iv) the Australian Air Force. 10 At the end of Division 2 of Part III Add:
        44A Transfer of soldiers to other arms of the Defence Force

(1) The Chief of Army may, by written instrument, transfer the enlistment of a
person as a soldier in the Army to the Australian Navy as a sailor, or the
Australian Air Force as an airman, if:

   (a)  the person consents to the transfer; and

   (b)  the Chief of Navy or the Chief of Air Force (as the case may be)
        approves the transfer.

(2) The instrument must specify:

   (a)  the day on which the transfer takes effect; and

   (b)  the period of service for which the person is enlisted in the
        Australian Navy as a sailor or the Australian Air Force as an airman
        (as the case may be); and

   (c)  the part of that arm of the Defence Force in which the person is
        enlisted; and

   (d)  the rank that the person is to hold in that arm of the Defence Force,
        and the person's seniority in that rank.

(3) If the person is required, under a determination referred to in paragraph
39(5)(b), to complete a period of service:

   (a)  that requirement continues to apply to the person after the transfer
        takes effect; and

   (b)  the person cannot claim a discharge from the Navy or the Air Force (as
        the case may be) before the end of the period.

(4) For all purposes connected with the person's enlistment or service as a
sailor in the Australian Navy, service rendered by the person as a member of
the Army before the transfer is taken to have been rendered as a member of the
Australian Navy.

(5) For all purposes connected with the person's enlistment or service as an
airman in the Australian Air Force, service rendered by the person as a member
of the Army before the transfer is taken to have been rendered as a member of
the Australian Air Force. 11 Subsection 120A(4AA) Omit "section 16",
substitute "sections 16, 27AA and 44A". 12 After subsection 120A(4A) Insert:

(4AB) The Chief of Navy may, by instrument in writing, delegate to an officer
of the Navy who holds a rank not below the rank of Commodore his or her powers
under sections 27AA and 44A. 13 After subsection 120A(4B) Insert:

(4C) The Chief of Air Force may, by instrument in writing, delegate to an
officer of the Air Force who holds a rank not below the rank of Air Commodore
his or her powers under sections 27AA and 44A.
Naval Defence Act 1910 14 After Division 2 of Part II Insert: Division 2A -
Transfer of officers to other arms of the Defence Force 17B Transfer of
officers

(1) The Chief of Navy may, by written instrument, transfer the appointment of
an officer of the Navy to the Australian Army or the Australian Air Force if:

   (a)  the officer consents to the transfer; and

   (b)  the Chief of Army or the Chief of Air Force (as the case may be)
        approves the transfer.

(2) The instrument must specify:

   (a)  the day on which the transfer takes effect; and

   (b)  the period of service for which the officer is appointed to the
        Australian Army or the Australian Air Force (as the case may be); and

   (c)  the part of that arm of the Defence Force to which the officer is
        appointed; and

   (d)  the rank that the officer is to hold in that arm of the Defence Force,
        and the officer's seniority in that rank.

(3) If the officer is required, under a determination referred to in paragraph
13(2)(c), to complete a period of service:

   (a)  that requirement continues to apply to the officer after the transfer
        takes effect; and

   (b)  the Chief of Army or the Chief of Air Force (as the case may be) may,
        without reference to the Governor-General, reject the officer's
        resignation in the same way that the Chief of Navy could have rejected
        it under subsection 13(2).

(4) For all purposes connected with the officer's appointment or service as an
officer of the Australian Army, service rendered by the officer as a member of
the Navy before the transfer is taken to have been rendered as a member of the
Australian Army.

(5) For all purposes connected with the officer's appointment or service as an
officer of the Australian Air Force, service rendered by the officer as a
member of the Navy before the transfer is taken to have been rendered as a
member of the Australian Air Force. 15 At the end of paragraph 20(b) Add:
; or (iii) the Australian Army; or

   (iv) the Australian Air Force. 16 At the end of paragraph 21(b) Add:
; or (iii) the Australian Army; or

   (iv) the Australian Air Force. 17 At the end of paragraph 22(b) Add:
; or (iii) the Australian Army; or

   (iv) the Australian Air Force. 18 At the end of Part III Add: 30A Transfer
        of sailors to other arms of the Defence Force

(1) The Chief of Navy may, by written instrument, transfer the enlistment of a
person as a sailor in the Navy to the Australian Army as a soldier, or the
Australian Air Force as an airman, if:

   (a)  the person consents to the transfer; and

   (b)  the Chief of Army or the Chief of Air Force (as the case may be)
        approves the transfer.

(2) The instrument must specify:

   (a)  the day on which the transfer takes effect; and

   (b)  the period of service for which the person is enlisted in the
        Australian Army as a soldier or the Australian Air Force as an airman
        (as the case may be); and

   (c)  the part of that arm of the Defence Force in which the person is
        enlisted; and

   (d)  the rank that the person is to hold in that arm of the Defence Force,
        and the person's seniority in that rank.

(3) If the person is required, under a determination referred to in paragraph
28(5)(b), to complete a period of service:

   (a)  that requirement continues to apply to the person after the transfer
        takes effect; and

   (b)  the person cannot claim a discharge from the Army or Air Force (as the
        case may be) before the end of the period.

(4) For all purposes connected with the person's enlistment or service as a
soldier in the Australian Army, service rendered by the person as a member of
the Navy before the transfer is taken to have been rendered as a member of the
Australian Army.

(5) For all purposes connected with the person's enlistment or service as an
airman in the Australian Air Force, service rendered by the person as a member
of the Navy before the transfer is taken to have been rendered as a member of
the Australian Air Force. 19 Subsection 44B(3A) Omit "section 12", substitute
"sections 12, 17B and 30A". 20 After subsection 44B(3A) Insert:

(3B) The Chief of Army may, by instrument in writing, delegate to an officer
of the Army who holds a rank not below the rank of Brigadier his or her powers
under sections 17B and 30A.

(3C) The Chief of Air Force may, by instrument in writing, delegate to an
officer of the Air Force who holds a rank not below the rank of Air Commodore
his or her powers under sections 17B and 30A.