Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1997 No. 1 of 1997 - SCHEDULE 2

Schedule 2 - Amendments relating to service chiefs
Part 1 - Amendment of the titles of service chiefs
Defence Act 1903 1 Paragraph 9(1)(a) Omit "Chief of Naval Staff", substitute
"Chief of Navy". 2 Paragraph 9(1)(b) Omit "Chief of the General Staff",
substitute "Chief of Army". 3 Paragraph 9(1)(c) Omit "Chief of the Air Staff",
substitute "Chief of Air Force". 4 Subsection 9(2) Omit "chief of staff"
(wherever occurring), substitute "service chief".

Part 2 - Amendment of references to the Chief of Navy 5 Amendment of Acts The
specified provisions of the following Acts are amended by omitting "Chief of
Naval Staff" (wherever occurring) and substituting "Chief of Navy".
Australian National Maritime Museum Act 1990 6 Subsection 3(1) (definition of
naval member) 7 Subsections 17(2A) and (5A) 8 Subsection 20(2)
Australian War Memorial Act 1980 9 Paragraph 10(1)(a)
Defence Act 1903 10 Paragraphs 4(2)(e) and (h) 11 Section 8 12 Subsection
116B(1) 13 Subsection 117(2) 14 Paragraph 117A(2)(a) 15 Subsection 117A(3) 16
Subsection 120A(4A) 17 Section 123F
Defence Force Retirement and Death Benefits Act 1973 18 Paragraph 8(3)(b) 19
Subsection 9(3) 20 Subsection 23(4) 21 Section 37
Defence Forces Retirement Benefits Act 1948 22 Subsection 51(6)
Defence Housing Authority Act 1987 23 Subsection 66(1)
Defence (Parliamentary Candidates) Act 1969 24 Section 18 25 Section 19
Defence (Re-establishment) Act 1965 26 Subparagraphs 4(2)(a)(ii) and (b)(ii)
Defence (Visiting Forces) Act 1963 27 Subsection 8(7)
Military Superannuation and Benefits Act 1991 28 Paragraph 30(3)(b)
Naval Defence Act 1910 29 Section 11 30 Section 12 31 Subsections 13(1), (2),
(3) and (6) 32 Subsection 13A(4) 33 Section 13B (paragraph (b) of the
definition of relevant authority) 34 Subparagraph 13H(3)(a)(ii) 35 Subsection
13K(1) 36 Subsection 13L(1) 37 Subsections 13M(1) and (2) 38 Subsection 17A(1)
39 Paragraph 28(3)(a) 40 Subsections 28(4A), (4B), (5), (6), (7) and (8) 41
Section 30 42 Paragraph 32(2)(b) 43 Subsections 32AA(1), (2) and (4) 44
Subsections 32A(3) and (4) 45 Section 39 46 Subsections 44B(3) and (3A)
Ombudsman Act 1976 47 Subsection 3(6B)
Remuneration and Allowances Act 1990 48 Part 3 of clause 3 of Schedule 2
(table)
Remuneration Tribunal Act 1973 49 Subparagraph 3(4)(r)(iii)

Part 3 - Amendment of references to the Chief of Army 50 Amendment of Acts The
specified provisions of the following Acts are amended by omitting "Chief of
the General Staff" (wherever occurring) and substituting "Chief of Army".
Australian War Memorial Act 1980 51 Paragraph 10(1)(b)
Defence Act 1903 52 Paragraphs 4(2)(f) and (h) 53 Section 8 54 Subsection
10B(4) 55 Section 10C 56 Section 16 57 Subsections 17(1), (2), (3) and (6) 58
Section 19 (paragraph (b) of the definition of relevant authority) 59
Subparagraph 25(3)(a)(ii) 60 Subsection 25B(1) 61 Subsection 25C(1) 62
Subsections 25D(1) and (2) 63 Subsection 26(1) 64 Paragraph 39(3)(a) 65
Subsections 39(4A), (4B), (5), (6), (7) and (8) 66 Section 44 67 Subsection
45(4) 68 Subsections 48A(1), (2) and (4) 69 Subsections 50(3) and (4) 70
Subsection 62(9) 71 Subsection 116B(1) 72 Subsections 120A(4) and (4AA) 73
Section 123F
Defence Force Retirement and Death Benefits Act 1973 74 Paragraph 8(3)(c) 75
Subsection 9(4) 76 Subsection 23(4) 77 Section 37
Defence Forces Retirement Benefits Act 1948 78 Subsection 51(6)
Defence Forces Retirement Benefits (Pension Increases) Act 1961 79 Part 1 of
First Schedule (table 1, column 2)
Defence Housing Authority Act 1987 80 Subsection 66(2)
Defence (Parliamentary Candidates) Act 1969 81 Section 18 82 Section 19
Defence (Re-establishment) Act 1965 83 Subparagraphs 4(2)(a)(ii) and (b)(ii)
Defence (Visiting Forces) Act 1963 84 Subsection 8(7)
Military Superannuation and Benefits Act 1991 85 Paragraph 30(3)(b)
Ombudsman Act 1976 86 Subsection 3(6B)
Remuneration and Allowances Act 1990 87 Part 3 of clause 3 of Schedule 2
(table)
Remuneration Tribunal Act 1973 88 Subparagraph 3(4)(r)(iv)

Part 4 - Amendment of references to the Chief of Air Force 89 Amendment of
Acts The specified provisions of the following Acts are amended by omitting
"Chief of the Air Staff" (wherever occurring) and substituting "Chief of Air
Force".
Air Force Act 1923 90 Paragraph 4H(2)(b) 91 Subsections 4HA(1), (2) and (4) 92
Subsections 4J(3) and (4) 93 Subsection 8(9) 94 Subsections 8A(1), (3), (3A),
(4), (5) and (6)
Australian War Memorial Act 1980 95 Paragraph 10(1)(c)
Defence Act 1903 96 Paragraphs 4(2)(g) and (h) 97 Section 8 98 Subsection
116B(1) 99 Subsection 120A(4B) 100 Section 123F
Defence Force Retirement and Death Benefits Act 1973 101 Paragraph 8(3)(d) 102
Subsection 9(5) 103 Subsection 23(4) 104 Section 37
Defence Forces Retirement Benefits Act 1948 105 Subsection 51(6)
Defence Housing Authority Act 1987 106 Subsection 66(3)
Defence (Parliamentary Candidates) Act 1969 107 Section 18 108 Section 19
Defence (Re-establishment) Act 1965 109 Subparagraphs 4(2)(a)(ii) and (b)(ii)
Defence (Visiting Forces) Act 1963 110 Subsection 8(7)
Military Superannuation and Benefits Act 1991 111 Paragraph 30(3)(b)
Ombudsman Act 1976 112 Subsection 3(6B)
Remuneration and Allowances Act 1990 113 Part 3 of clause 3 of Schedule 2
(table)
Remuneration Tribunal Act 1973 114 Subparagraph 3(4)(r)(v)

Part 5 - Amendment of references to service chiefs
Defence Act 1903 115 Paragraph 4(2)(h), subsections 9(2) and (3), paragraph
9A(1)(a) and subsections 9A(3) and 9C(1) Omit "chief of staff" (wherever
occurring), substitute "service chief". 116 Subsections 9B(1) and (2) Omit "a
chief of staff", substitute "the Chief of the Defence Force, the Vice Chief of
the Defence Force or a service chief". 117 Subsections 50D(2), 50D(6), 50E(2),
50F(4), 116C(3), 116E(1), 116M(1), 116M(5) and 116M(6) and section 123A Omit
"a chief of staff" (wherever occurring), substitute "the Chief of the Defence
Force or a service chief". Note: The heading to section 116M is altered by
omitting "by chief of staff". 118 Subsection 116M(2) Omit "A chief of staff",
substitute "The Chief of the Defence Force or a service chief". 119
Subsections 116M(3), (4) and (6) Omit "the chief of staff", substitute "the
Chief of the Defence Force or a service chief".
Defence Force Discipline Act 1982 120 Subsection 3(1) (definitions of
authorized officer and review and paragraph (b) of the definition of general
order), subparagraph 3(11)(a)(ii), subsections 5(1), 5(3), 68(3), 68A(3),
97(1) and 113(1), paragraph 154(1)(a) and subsections 155(1), 155(2), 178C(1)
and 195(6) Omit "a chief of staff" (wherever occurring), substitute "the Chief
of the Defence Force or a service chief". Note: The heading to section 155 is
altered by omitting "by chief of staff". 121 Subsections 68(2) and 68A(2),
section 102, subsection 105(1), section 150 and subsections 155(3), 155(4) and
196(2) Omit "A chief of staff" (wherever occurring), substitute "The Chief of
the Defence Force or a service chief". 122 Subsection 95(8) Omit "a chief of
staff", substitute "the Chief of the Defence Force, a service chief". 123
Subsection 95(9) Omit "the chief of staff", substitute "the Chief of the
Defence Force, the service chief". 124 Subsection 140(4) Omit "chief of
staff", substitute "service chief". 125 Subsections 155(1), 155(2), 195(6) and
196(2) Omit "the chief of staff", substitute "the Chief of the Defence Force
or the service chief". 126 Subsection 196B(7) Omit "each chief of staff",
substitute "the Chief of the Defence Force and each service chief".
Defence Force Discipline Appeals Act 1955 127 Section 42 Omit "A chief of
staff", substitute "The Chief of the Defence Force or a service chief". 128
Subsections 51(1) and 52(1) Omit "a chief of staff", substitute "the Chief of
the Defence Force or a service chief".
Defence Housing Authority Act 1987 129 Paragraph 57(1)(b) Omit "chief of
staff", substitute "service chief".
Defence (Parliamentary Candidates) Act 1969 130 Sections 7, 8 and 9,
subsections 10(1), 11(1) and 12(1), section 13, subsections 14(1), 14(2),
16(1) and 16(2) Omit "chief of staff" (wherever occurring), substitute
"service chief".
Defence (Visiting Forces) Act 1963 131 Subsections 28(3), (6) and (8) Omit "a
chief of staff" (wherever occurring), substitute "the Chief of the Defence
Force or a service chief". 132 Subsection 28(4) Omit "A chief of staff",
substitute "The Chief of the Defence Force or a service chief". 133 Subsection
28(7) Omit "or of chief of staff", substitute ", of Chief of the Defence Force
or of service chief". 134 Paragraph 28(8)(b) Omit "the chief of staff",
substitute "the Chief of the Defence Force or the service chief".
Income Tax Assessment Act 1936 135 Subsection 79B(1B) Omit "a chief of staff"
(wherever occurring), substitute "the Chief of the Defence Force or a service
chief".

Part 6 - Other amendments relating to service chiefs
Defence Act 1903 136 Paragraph 4(2)(h) Omit "the Chief of the Defence Force,".
137 Subsection 9B(4) Repeal the subsection.
Defence Force Discipline Act 1982 138 Subsection 3(1) (definition of chief of
staff) Repeal the definition. 139 Subsection 3(1) Insert: service chief means
the Chief of Navy, the Chief of Army or the Chief of Air Force.
Defence Force Re-organization Act 1975 140 After section 2 Insert: 2A
References to service chiefs

(1) A reference in this Act to the Chief of Defence Force Staff includes a
reference to the Chief of the Defence Force.

(2) A reference in this Act to the Chief of Naval Staff includes a reference
to the Chief of Navy.

(3) A reference in this Act to the Chief of the General Staff includes a
reference to the Chief of Army.

(4) A reference in this Act to the Chief of the Air Staff includes a reference
to the Chief of Air Force.
Defence Housing Authority Act 1987 141 Subsection 3(1) (definition of chief of
staff) Repeal the definition. 142 Subsection 3(1) Insert: service chief means
the Chief of Navy, the Chief of Army or the Chief of Air Force. Note: The
heading to section 66 is altered by omitting "chiefs of staff" and
substituting "service chiefs".
Defence (Parliamentary Candidates) Act 1969 143 Subsection 5(1) (definition of
appropriate chief of staff) Repeal the definition. 144 Subsection 5(1) Insert:
appropriate service chief means:

   (a)  in relation to a person who is or has been a member of the Navy - the
        Chief of Navy; or

   (b)  in relation to a person who is or has been a member of the Army - the
        Chief of Army; or

   (c)  in relation to a person who is or has been a member of the Air Force -
        the Chief of Air Force.
Military Superannuation and Benefits Act 1991 145 Subsections 36(1) and (3)
Omit "Chief of Staff" (wherever occurring), substitute "service chief".
Office of National Assessments Act 1977 146 Section 3 (paragraph (c) of the
definition of prescribed Commonwealth officer) Omit "Chief of Staff",
substitute "service chief".