Commonwealth Numbered Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 NO. 11, 2001

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

   1.      Short title  
   2.      Commencement  
   3.      Overview of the Act  
   4.      Act binds the Crown  
   5.      Application of Criminal Code  
   6.      Act extends to the external Territories  

   PART 2--INTERPRETATION

   7.      Definitions  
   8.      Meaning of absent on defence service  
   9.      Meaning of dependant  
   10.     Meaning of contract of employment  

   PART 3--WHICH PROTECTIONS AND BENEFITS APPLY TO THE DIFFERENT KINDS OF DEFENCE SERVICE

   11.     Which protections and benefits apply to the different kinds of  
   12.     Defence service following voluntary undertaking  
   13.     Continuous full time service following a call out  

   PART 4--PROTECTION AGAINST DISCRIMINATION BECAUSE OF DEFENCE SERVICE

           Division 1--Overview of Part

   14.     Overview of Part  

           Division 2--Discrimination in employment

   15.     Refusing to employ a person  
   16.     Dismissing etc. an employee  
   17.     Hindering employee from serving in Reserves  

           Division 3--Discrimination in partnerships

   18.     Refusing to offer partnership to another person etc.  
   19.     Hindering fellow partner from serving in Reserves  

           Division 4--Discrimination against commission agents

   20.     Refusing to engage commission agent  
   21.     Terminating etc. contract for services  

           Division 5--Discrimination against contractors

   22.     Refusing to engage contractor  
   23.     Terminating etc. contract for services  

   PART 5--EMPLOYMENT PROTECTION

           Division 1--Overview of Part

   24.     Overview of Part  

           Division 2--Leave during defence service

   25.     No requirement to take leave during defence service  

           Division 3--Effect of defence service on contract of employment

   26.     Contract suspended (rather than terminated)  
   27.     Applying to resume employment after defence service  
   28.     Employer must re-employ member  

           Division 4--Effect of defence service on particular entitlements of members

   29.     Which entitlements this Division applies to  
   30.     Continuous full-time defence service  
   31.     Other defence service  

           Division 5--Termination of employment after resumption of employment etc.

   32.     Termination after resuming employment etc.  

           Division 6--No additional obligations on employers

   33.     No additional obligations on employers  

   PART 6--PARTNERSHIP PROTECTION

   34.     Overview of Part  
   35.     Dissolving partnerships etc. involving a serving member  
   36.     Dissolving partnerships etc. involving former member  

   PART 7--EDUCATION PROTECTION

   37.     Overview of Part  
   38.     Member enrolled in course while rendering defence  
   39.     Obligations of body administering education institution  

   PART 8--FINANCIAL LIABILITY PROTECTION

           Division 1--Overview

   40.     Overview of part  

           Division 2--Which financial liabilities this Part applies to

   41.     Financial liabilities that arise before call out day  
   42.     Option exercised on or after call out day  
   43.     Rates etc. on land  
   44.     Part does not apply to security holder already exercising  
   45.     Part does not apply to bankruptcy or insolvency of member or  
   46.     Part does not apply to trustees or representatives  
   47.     Liability exists even if payment not yet due  
   48.     Liability may have arisen before commencement of this  

           Division 3--Payments postponed and proceedings stayed

   49.     Payments postponed  
   50.     Rescheduling payments  
   51.     Rescheduling if member or dependant dies  
   52.     Higher rate of interest not payable  
   53.     Interest payable on postponed payments under an  
   54.     Interest payable on payment of postponed rates etc. on  
   55.     Proceedings stayed but rights not otherwise prejudiced  
   56.     Court may order that all or part of Division not apply  

           Division 4--General matters

   57.     Powers of security holder not affected  
   58.     Instruments made on or after member's call out day not  
   59.     Joint liability  
   60.     Postponement etc. not to be taken into account for purposes of  
   61.     Certain rights of member or dependant preserved  

   PART 9--BANKRUPTCY PROTECTION

   62.     Overview of Part  
   63.     Bankruptcy proceedings against member or dependant not  
   64.     Orders court may make relating to bankruptcy of member or  

   PART 10--LOANS AND GUARANTEES TO RETURNED MEMBERS

   65.     Overview of Part  
   66.     Prescribed authority may make loans and give guarantees  
   67.     Amount of loan or guarantee  
   68.     Terms and conditions of loan or guarantee  
   69.     Interest on loan  
   70.     Pre-conditions for loan or guarantee  
   71.     Review by Administrative Appeals Tribunal  
   72.     Agreements between prescribed authorities and States  

   PART 11--ENFORCEMENT AND REMEDIES

           Division 1--Civil enforcement

   73.     Actions for loss or damage  

           Division 2--Orders that courts may make

   74.     Orders for compensation after offence  
   75.     Injunctions for contravention of this Act  
   76.     Court may make other orders if transaction or proceeding in  

   PART 12--OTHER MATTERS

   77.     Jurisdiction of courts  
   78.     Unincorporated bodies  
   79.     Delegation  
   80.     Severability: additional effect of Act  
   81.     Regulations