Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT 2003 NO. 135, 2003 - SCHEDULE 2

Air Force Act 1923

1 Subsection 8(1)

Repeal the subsection, substitute:

(1)

The body known immediately before the commencement of this subsection as the Air Training Corps is continued in existence with the new name, Australian Air Force Cadets.

Note: The heading to section 8 is replaced by the heading "Australian Air Force Cadets".

2 Subsection 8(2)

Omit "Air Training Corps shall consist", substitute "Australian Air Force Cadets consists".

3 Subsection 8(3)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

4 Subsection 8(4)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

5 Subsection 8(7)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

6 Subsection 8(8)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

7 Subsection 8(9)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

8 Transitional—Australian Air Force Cadets

To avoid doubt:

(a) appointments to the Air Training Corps in force under paragraph 8(2)(a) or (b) of the Air Force Act 1923 immediately before the commencement of item 1 of this Schedule continue to have effect after that commencement as if they were appointments to the Australian Air Force Cadets; and
(b) persons who are cadets in the Air Training Corps under section 8 of the Air Force Act 1923 immediately before the commencement of item 1 of this Schedule continue as cadets in the Australian Air Force Cadets after that commencement, subject to the limitations imposed by that section (as amended).

Archives Act 1983

9 Paragraph 3(3)(b)

Omit "Cadet Corps", substitute "Army Cadets".

10 Paragraph 3(3)(c)

Omit "Naval Reserve Cadets", substitute "Australian Navy Cadets".

11 Paragraph 3(3)(d)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

Defence Act 1903

12 Section 58A (definition of cadet )

Omit "Australian Cadet Corps, the Naval Reserve Cadets or the Air Training Corps", substitute "Australian Army Cadets, the Australian Navy Cadets or the Australian Air Force Cadets".

13 Subsection 62(1)

Repeal the subsection, substitute:

(1)

The body known immediately before the commencement of this subsection as the Australian Cadet Corps is continued in existence with the new name, Australian Army Cadets.

Note: The heading to section 62 is altered by omitting "Cadet Corps" and substituting "Army Cadets".

14 Subsection 62(2)

Omit "Cadet Corps shall consist", substitute "Army Cadets consists".

15 Subsections 62(3), (4), (7), (8) and (9)

Omit "Cadet Corps", substitute "Army Cadets".

16 Subsection 80A(1) (penalty)

Omit "$200", substitute "30 penalty units".

17 Subsection 80B(1) (penalty)

Repeal the penalty, substitute:

Penalty: 30 penalty units or imprisonment for 6 months, or both.

18 Subsection 80B(4) (penalty)

Repeal the penalty, substitute:

Penalty: 30 penalty units or imprisonment for 6 months, or both.

19 Subsection 80B(5) (penalty)

Repeal the penalty, substitute:

Penalty: 60 penalty units or imprisonment for 12 months, or both.

20 Paragraph 123AA(1)(b)

Omit "Cadet Corps", substitute "Army Cadets".

21 Paragraph 124(1)(gc)

Omit "and investigating officers", substitute ", investigating officers and inquiry assistants".

22 Subsection 124(2A)

Omit "or a board of inquiry", substitute ", a board of inquiry, an investigating officer or an inquiry assistant".

23 Subsection 124(2C)

Omit "or a board of inquiry", substitute ", a board of inquiry, an investigating officer or an inquiry assistant".

24 Subsection 124(2C)

Omit "at the hearing before the court of inquiry or the board of inquiry", substitute "at the hearing before the court of inquiry, the board of inquiry, the investigating officer or the inquiry assistant".

25 Transitional—Australian Army Cadets

To avoid doubt:

(a) appointments to the Australian Cadet Corps in force under paragraph 62(2)(a) or (aa) of the Defence Act 1903 immediately before the commencement of item 13 of this Schedule continue to have effect after that commencement as if they were appointments to the Australian Army Cadets; and
(b) persons who are cadets in the Australian Cadet Corps under section 62 of the Defence Act 1903 immediately before the commencement of item 13 of this Schedule continue as cadets in the Australian Army Cadets after that commencement, subject to the limitations imposed by that section (as amended).

Defence Force (Home Loans Assistance) Act 1990

26 Section 3 (after paragraph (b) of the definition of reviewable decision )

Insert:

(ba) refusing to make a determination under subsection 4(1A); or
27 After subsection 4(1)

Insert:

(1A)

However, the Secretary may determine in writing that a person covered by paragraph (1)(a) continues to be an eligible person for a specified period beyond the period of 2 years mentioned in that paragraph, if:

(a) the person is an incapacitated person; and
(b) the person satisfies the Secretary that the compensable disability that caused the person's discharge also caused, or contributed to, the person's failure to apply for an entitlement certificate within that 2 year period.

(1B)

An application for a determination under subsection (1A) must be in writing.

Defence Legislation Amendment (Application of Criminal Code) Act 2001

28 Subsection 2(2)

Repeal the subsection, substitute:

(2)

Part 1 of Schedule 1 commences on 15 December 2001.

Defence Reserve Service (Protection) Act 2001

29 Subsection 12(1)

Omit "32A(4)", substitute "32A(3)".

Freedom of Information Act 1982

30 Paragraph 4(4)(b)

Omit "Cadet Corps", substitute "Army Cadets".

31 Paragraph 4(4)(c)

Omit "Naval Reserve Cadets", substitute "Australian Navy Cadets".

32 Paragraph 4(4)(d)

Omit "Air Training Corps", substitute "Australian Air Force Cadets".

Naval Defence Act 1910

33 Subsection 38(1)

Repeal the subsection, substitute:

(1)

The body known immediately before the commencement of this subsection as the Naval Reserve Cadets is continued in existence with the new name, Australian Navy Cadets.

Note: The heading to section 38 is altered by omitting "Naval Reserve Cadets" and substituting "the Australian Navy Cadets".

34 Subsection 38(2)

Omit "Naval Reserve Cadets shall consist", substitute "Australian Navy Cadets consists".

35 Subsections 38(3), (7) and (8)

Omit "Naval Reserve", substitute "Australian Navy".

36 Section 39

Omit "Naval Reserve", substitute "Australian Navy".

Note: The heading to section 39 is altered by omitting "Naval Reserve" and substituting "the Australian Navy".

37 Paragraph 44E(1)(b)

Omit "Naval Reserve", substitute "Australian Navy".

Note: The heading to section 44E is altered by omitting "Naval Reserve" and substituting "Australian Navy".

38 Transitional—Australian Navy Cadets

To avoid doubt:

(a) appointments to the Naval Reserve Cadets in force under paragraph 38(2)(a) or (b) of the Naval Defence Act 1910 immediately before the commencement of item 33 of this Schedule continue to have effect after that commencement as if they were appointments to the Australian Navy Cadets; and
(b) persons who are cadets in the Naval Reserve Cadets under section 38 of the Naval Defence Act 1910 immediately before the commencement of item 33 of this Schedule continue as cadets in the Australian Navy Cadets immediately after that commencement, subject to the limitations imposed by that section (as amended).

Privacy Act 1988

39 Subsection 6(1) (definition of Defence Force )

Omit "Naval Reserve Cadets, the Australian Cadet Corps and the Air Training Corps", substitute "Australian Navy Cadets, the Australian Army Cadets and the Australian Air Force Cadets".

Safety, Rehabilitation and Compensation Act 1988

40 Paragraph 6A(1)(b)

Omit "Air Training Corps established under section 8 of the Air Force Act 1923 ", substitute "Australian Air Force Cadets (see section 8 of the Air Force Act 1923 )".

41 Paragraph 6A(1)(c)

Omit "Australian Cadet Corps established under section 62 of the Defence Act 1903 ", substitute "Australian Army Cadets (see section 62 of the Defence Act 1903 )".

42 Paragraph 6A(1)(d)

Omit "Naval Reserve Cadets established under section 38 of the Naval Defence Act 1910 ", substitute "Australian Navy Cadets (see section 38 of the Naval Defence Act 1910 )".