Defence Regulation 2016
Authorised Version F2018C00608 registered 17/09/2018
made under the
Defence Act 1903
Compilation No. 2
Compilation date: 4 September 2018
Includes amendments up to: F2018L01252
Registered: 17 September 2018
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Defence Regulation 2016 that shows the text of the law as
amended and in force on 4 September 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending
laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any
uncommenced amendments affecting the law are accessible on the Legislation Register
(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the
compilation date are underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an
application, saving or transitional provision that is not included in this compilation, details are
included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the
modification does not amend the text of the law. Accordingly, this compilation does not show
the text of the compiled law as modified. For more information on any modifications, see the
series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the
law, details are included in the endnotes.
Authorised Version F2018C00608 registered 17/09/2018
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Contents
Part 1—Preliminary 1 1 Name........................................................................................................................... 1
3 Authority..................................................................................................................... 1
5 Objects of this regulation ............................................................................................ 1
6 Definitions .................................................................................................................. 1
Part 2—Service chiefs 4 7 Appointment as service chief ...................................................................................... 4
8 Acting appointments ................................................................................................... 4
9 Resignation ................................................................................................................. 4
10 Termination of appointment as service chief .............................................................. 4
11 Remuneration and allowances..................................................................................... 5
Part 3—Service in the Defence Force 6
Division 1—Appointment and enlistment 6
12 Appointment and enlistment ....................................................................................... 6
Division 2—Promotion and reduction in rank 7
13 Promotion ................................................................................................................... 7
14 Reduction in rank........................................................................................................ 7
Division 3—Transfers 8
15 Transfer between arms of the Defence Force.............................................................. 8
16 Transfer from Permanent Forces to Reserves ............................................................. 8
17 Voluntary transfer from Reserves to Permanent Forces.............................................. 8
Division 4—Changing periods of service 9
18 Voluntary change ........................................................................................................ 9
19 Time of war or defence emergency............................................................................. 9
20 Defence Force discipline............................................................................................. 9
Division 5—End of service or period of service 10
21 Becoming member of Reserves after service in Permanent
Forces.........................................................................................................................10
22 End of service in the Reserves—5 year rule ..............................................................10
23 Retirement age ...........................................................................................................10
24 Early termination of service .......................................................................................11
25 Service obligation debts .............................................................................................11
26 Change of reason for end of service...........................................................................12
Division 6—Service in the Reserves 13
27 Service in the Reserves ..............................................................................................13
Division 7—Suspension from duty 14
28 Suspension from duty ................................................................................................14
Division 8—Forfeiture of pay—absent without leave 15
29 Forfeiture of pay—absent without leave ....................................................................15
Division 9—Notice to members 16
30 Notice to members .....................................................................................................16
Part 4—Honorary ranks 17 31 Honorary officer ranks ...............................................................................................17
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32 Honorary enlisted ranks .............................................................................................17
Part 5—Privileges after end of service 18 33 Title after end of service ............................................................................................18
34 Wearing of uniform after end of service ....................................................................18
Part 6—Defence honours and awards 19 35 Defence honours ........................................................................................................19
36 Defence awards..........................................................................................................20
37 Disclosure of information about honours and awards ................................................21
Part 7—Redress of grievances 22 38 Object of this Part ......................................................................................................22
39 Chief of the Defence Force may authorise person to receive
complaints..................................................................................................................22
40 Making a complaint ...................................................................................................22
41 Manner of making complaint .....................................................................................23
42 Action to consider complaint or redress grievance ....................................................23
43 Referral to Inspector-General ADF............................................................................23
44 Inspector-General ADF to consider complaint...........................................................24
45 Action by Inspector-General ADF .............................................................................24
46 Inspector-General ADF may decide not to consider
complaint ...................................................................................................................25
47 Withdrawing complaint..............................................................................................25
48 Victimisation..............................................................................................................25
Part 8—Medical and dental treatment 27 49 Provision of medical and dental treatment .................................................................27
50 Recovery of the costs of treatment in certain circumstances......................................27
Part 9—Oaths and affirmations etc. for members serving
overseas 28 51 Oaths and affirmations etc. for members outside Australia .......................................28
52 Meaning of competent officer ....................................................................................28
Part 10—Certification of deaths 29 53 Minister may issue death certificates .........................................................................29
54 Cancellation and correction of death certificates .......................................................29
55 Dealing with property ................................................................................................30
56 No civil or criminal liability for reliance on certificate or
cancellation ................................................................................................................30
Part 11—Defence areas 31
Division 1—Application of Part 31
57 Application ................................................................................................................31
Division 2—Defence areas 32
58 Declaration of defence area........................................................................................32
59 Prohibition of entry into defence area ........................................................................32
60 Requirement to remove property from defence area ..................................................33
61 Installation of equipment ...........................................................................................34
62 Permission requirements ............................................................................................34
63 Removal from defence area .......................................................................................35
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64 Offence of obstructing or hindering ...........................................................................35
65 Other defence operations and practices......................................................................35
66 Division binds the Crown ..........................................................................................36
Division 3—Compensation 37
67 Compensation for loss or damage ..............................................................................37
68 Compensation for acquisition of property..................................................................37
Part 11A—Defence aviation areas 38
Division 1—General 38
68A Application ................................................................................................................38
68B Interpretation..............................................................................................................38
Division 2—Requirements in relation to defence aviation areas 39
Subdivision A—Construction of buildings, structures and objects 39
68C Construction of buildings, structures and objects in defence
aviation areas above specified height restrictions ......................................................39
68D Construction of buildings, structures and objects in defence
aviation areas that generate plumes or air turbulence above
specified height restrictions .......................................................................................39
68E Applications for approval...........................................................................................39
68F Grant or refusal of approval .......................................................................................41
68G Conditions of approval to be complied with ..............................................................41
Subdivision B—Hazardous objects 42
68H Hazardous objects ......................................................................................................42
68J Applications for approval...........................................................................................42
68K Grant or refusal of approval .......................................................................................42
68L Conditions of approval to be complied with ..............................................................43
Subdivision C—Buildings, structures or objects may be removed
or marked etc. 43
68M Removal or marking etc. of buildings, structures or objects ......................................43
68N Removal or marking of buildings, structures or objects in
urgent situations.........................................................................................................44
Division 3—Monitoring 46
68P Provisions subject to monitoring under the Regulatory
Powers Act.................................................................................................................46
68Q Information subject to monitoring under the Regulatory
Powers Act.................................................................................................................46
Division 4—Compensation 47
68R Compensation for diminution of land value, loss or damage .....................................47
68S Compensation for acquisition of property..................................................................47
Division 5—Review of decisions 48
68T Review by Administrative Appeals Tribunal .............................................................48
Part 12—Aid to civilian authorities 49 69 Aid to civilian authorities...........................................................................................49
Part 13—Visiting Forces 50 70 Countries to which provisions of Part IXA of the Act apply .....................................50
71 Form of warrant .........................................................................................................51
72 Sentences imposed by service tribunals of other countries ........................................51
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73 Evidence of facts by certificate ..................................................................................51
Part 14—Prohibited words and letters 53 74 Prohibited words ........................................................................................................53
75 Prohibited letters ........................................................................................................53
76 Use of prohibited words or letters ..............................................................................54
77 Consent to use prohibited words or letters .................................................................54
78 Review by Administrative Appeals Tribunal .............................................................55
79 Treatment of partnerships ..........................................................................................55
80 Treatment of unincorporated associations and bodies................................................55
Part 15—War graves 57 81 War graves .................................................................................................................57
Part 16—Delegations 58 82 Delegation of Minister’s powers ................................................................................58
83 Delegation of Secretary’s powers ..............................................................................58
84 Delegation of Chief of the Defence Force’s powers ..................................................59
Part 17—Transitional provisions 60
Division 1—General 60
85 Processes begun under Defence Force Regulations 1952 or
Defence (Personnel) Regulations 2002......................................................................60
86 Applications relating to prohibited words or letters ...................................................60
87 Defence areas.............................................................................................................60
88 Retirement age ...........................................................................................................60
89 Medical and dental treatment .....................................................................................61
Division 2—Amendments made by Defence Amendment
(Defence Aviation Areas) Regulations 2018 62
90 Definitions .................................................................................................................62
91 Things done by, or in relation to, the Minister ...........................................................62
92 Things started but not finished by the Minister..........................................................62
93 Transitional—appeals to the Administrative Appeals
Tribunal made, but not determined, before commencement ......................................62
94 Transitional—applications under old regulations continue to
have effect..................................................................................................................62
95 Transitional—approvals under old regulations continue in
force ...........................................................................................................................63
Schedule 1—Oath and affirmation 64 1 Form of oath ..............................................................................................................64
2 Form of affirmation....................................................................................................64
3 Persons before whom oath or affirmation may be taken or
made...........................................................................................................................65
Schedule 2—Form of warrant 66
Endnotes 68
Endnote 1—About the endnotes 68
Endnote 2—Abbreviation key 69
Endnote 3—Legislation history 70
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71Endnote 4—Amendment history
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Preliminary Part 1
Section 1
Part 1—Preliminary
1 Name
This is the Defence Regulation 2016.
3 Authority
This instrument is made under the Defence Act 1903.
5 Objects of this regulation
The objects of this instrument are as follows:
(a) to facilitate the good governance and the effective and efficient operation
of the Defence Force;
(b) to provide the Chief of the Defence Force with the flexibility to deliver
capability and preparedness outcomes (including developing force structure
options);
(c) to achieve the Government’s objectives and to provide stewardship of the
Defence Force;
(d) to provide personnel management that supports the appointment,
enlistment, promotion and retention of appropriate persons for service in
the Defence Force.
Note: Command in chief of the Defence Force is vested in the Governor-General: see
section 68 of the Constitution.
6 Definitions
(1) In this instrument:
Act means the Defence Act 1903.
air turbulence means a movement of air with an upward vertical velocity of 4.3
metres per second.
Australian Government officer means:
(a) a person who holds an office or appointment under a law of the
Commonwealth; or
(b) an APS employee; or
(c) a person employed by a body corporate incorporated for a public purpose
under a law of the Commonwealth; or
(d) a contractor engaged by the Commonwealth or by a body corporate
mentioned in paragraph (c).
authorised complaint recipient: see subsection 39(2).
change a period of service: see subsection 18(3).
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Part 1 Preliminary
Section 6
committee of management of an unincorporated association or body of persons
means the body (however described) that governs, manages or conducts the
affairs of the association or body.
Commonwealth land means land owned or occupied by the Commonwealth, but
does not include land leased from the Commonwealth unless the lease is subject
to a condition that the land may be used by the Defence Force for carrying out a
defence operation or practice.
competent officer: see section 52.
covered service: see paragraph 25(1)(c).
death certificate means a death certificate or a corrected death certificate issued
under Part 10.
decision has the same meaning as in the Administrative Appeals Tribunal Act
1975.
defence area: see subsection 58(1).
defence award: see section 36.
defence honour: see section 35.
defence materiel means goods for use for defence purposes, and includes the
following:
(a) goods being developed for defence purposes;
(b) goods being tested for use for defence purposes;
(c) goods being tested for the use of similar goods for defence purposes.
enlisted member means a member other than an officer.
enlisted rank means:
(a) in relation to the Navy—a rank below the rank of Midshipman; or
(b) in relation to the Army and the Air Force—a rank below the rank of
Officer Cadet.
initial obligation amount: see subsection 25(3).
interest, in relation to land, has the same meaning as in the Lands Acquisition Act
1989.
interests of the Defence Force: see subsection (2).
Ministerial declaration means a declaration by the Minister under
section 117AC of the Act declaring an area to be a defence aviation area.
object includes a tree, any other natural obstacle, a building, vehicle, vessel or
machine.
pay includes all remuneration, allowances and other benefits under Part IIIA of
the Act.
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Preliminary Part 1
Section 6
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force of a State or Territory.
prohibited letters: see section 75.
prohibited words: see section 74.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act
2014.
service chief: see subsection 7(2).
service debt calculation method: see subsection 25(4).
service obligation debt: see subsection 25(1).
service offence has the same meaning as in the Defence Force Discipline Act
1982.
(2) Reasons for something being or not being in the interests of the Defence Force
include reasons relating to one or more of the following:
(a) a member’s performance;
(b) a member’s behaviour (including any convictions for criminal or service
offences);
(c) a member’s suitability to serve:
(i) in the Defence Force; or
(ii) in a particular role or rank;
(d) workforce planning in the Defence Force;
(e) the effectiveness and efficiency of the Defence Force;
(f) the morale, welfare and discipline of the Defence Force;
(g) the reputation and community standing of the Defence Force.
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Part 2 Service chiefs
Section 7
Part 2—Service chiefs
7 Appointment as service chief
(1) The Governor-General may, by written instrument, appoint the following:
(a) an officer of the Navy to be Chief of Navy;
(b) an officer of the Army to be Chief of Army;
(c) an officer of the Air Force to be Chief of Air Force.
(2) A person appointed under subsection (1) is a service chief.
(3) Before the Governor-General appoints a service chief, the Minister must take
into account the recommendations of the Chief of the Defence Force.
(4) A service chief holds office for the period, and on the conditions, specified in his
or her instrument of appointment.
(5) A service chief ceases to hold office if he or she ceases to be an officer of the
arm of the Defence Force for which he or she was appointed.
8 Acting appointments
The Chief of the Defence Force may, by written instrument, appoint an officer
who is eligible for appointment to an office of service chief to act in the office:
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the service chief who holds
the office:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
9 Resignation
(1) A service chief may resign his or her appointment as a service chief by giving the
Governor-General a written resignation.
(2) However, the resignation does not have effect unless and until it is accepted by
the Governor-General.
10 Termination of appointment as service chief
(1) The Governor-General may, by notice in writing, terminate the appointment of a
service chief.
(2) Before the Governor-General terminates the appointment of a service chief, the
Minister must have received a report about the proposed termination from the
Chief of the Defence Force.
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Service chiefs Part 2
Section 11
11 Remuneration and allowances
(1) A service chief is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration by the Tribunal
is in operation, the service chief is to be paid the remuneration that is prescribed
by the regulations.
(2) A service chief is to be paid the allowances determined under Part IIIA of the
Act.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
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Part 3 Service in the Defence Force
Division 1 Appointment and enlistment
Section 12
Part 3—Service in the Defence Force
Division 1—Appointment and enlistment
12 Appointment and enlistment
(1) The Chief of the Defence Force may:
(a) appoint a person as an officer of the Navy, the Army or the Air Force; or
(b) enlist a person in the Navy, Army or Air Force.
(2) The Governor-General may issue a commission to an officer.
(3) Before a person is appointed or enlisted, consideration must be given to whether
the person is a fit and proper person to perform duties as such an officer or
enlisted member.
Conditions of appointment or enlistment
(4) An appointment or enlistment is subject to any conditions specified by the Chief
of the Defence Force at the time of the appointment or enlistment.
Note: For example, an appointment or enlistment could be subject to a probationary period.
Period of appointment or enlistment
(5) An appointment or enlistment is for:
(a) the period of service specified at the time of the appointment or enlistment;
or
(b) if no period is so specified—an indefinite period.
Note: A period of service may be changed under Division 4.
Oath or affirmation
(6) A person must, before being appointed or enlisted or as soon as practicable after
being appointed or enlisted:
(a) take the oath set out in clause 1 of Schedule 1; or
(b) make the affirmation set out in clause 2 of Schedule 1.
(7) The oath or affirmation must be taken or made before a person mentioned in
clause 3 of Schedule 1.
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Service in the Defence Force Part 3
Promotion and reduction in rank Division 2
Section 13
Division 2—Promotion and reduction in rank
13 Promotion
(1) The Chief of the Defence Force may:
(a) promote a member to a higher rank; or
(b) direct a member to act in a higher rank.
(2) A promotion or direction to act in a higher rank is subject to any conditions
specified at the time of the promotion or direction.
Note: For example, a promotion or direction to act in a higher rank could be subject to a
probationary period.
(3) Before a member is promoted to, or directed to act in, a higher rank,
consideration must be given to whether the member is a fit and proper person to
perform duties at the higher rank.
14 Reduction in rank
(1) The Chief of the Defence Force may reduce the rank of a member for one or
more of the following reasons:
(a) retention of the member at his or her current rank is not in the interests of
the Defence Force;
(b) the member cannot usefully serve at his or her current rank because of
redundancy in the Defence Force;
(c) the member has failed to meet a condition of appointment or promotion to
his or her current rank;
(d) the member applies for, or agrees to, the reduction.
Note: For interests of the Defence Force, see subsection 6(2).
(2) For a reduction under paragraph (1)(a) or (b), the member must be given notice
and at least 14 days after the date of the notice to provide a written response.
Note: For notice to members, see section 30.
(3) However, if the member has been promoted subject to a probationary period,
notice is not required during that period to return the member to the rank held
immediately before the promotion.
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Part 3 Service in the Defence Force
Division 3 Transfers
Section 15
Division 3—Transfers
15 Transfer between arms of the Defence Force
(1) The Chief of the Defence Force may transfer a member from one arm of the
Defence Force to another arm of the Defence Force.
(2) The transfer is subject to any conditions specified by the Chief of the Defence
Force.
16 Transfer from Permanent Forces to Reserves
(1) The Chief of the Defence Force may transfer a member from the Permanent
Forces to the Reserves if the transfer is in the interests of the Defence Force.
Note: For interests of the Defence Force, see subsection 6(2).
(2) The member must be given notice of the transfer and at least 14 days after the
date of the notice to provide a written response.
Note: For notice to members, see section 30.
17 Voluntary transfer from Reserves to Permanent Forces
(1) The Chief of the Defence Force may transfer a member from the Reserves to the
Permanent Forces if the member applies for, or agrees to, the transfer.
(2) The transfer is subject to any conditions specified by the Chief of the Defence
Force.
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Service in the Defence Force Part 3
Changing periods of service Division 4
Section 18
Division 4—Changing periods of service
18 Voluntary change
(1) The Chief of the Defence Force may change a period of service for a member if
the member applies for, or agrees to, the change.
(2) The change is subject to any conditions specified by the Chief of the Defence
Force.
(3) Change a period of service includes the following:
(a) extend a period of service;
(b) reduce a period of service;
(c) convert a fixed period of service to an indefinite period of service;
(d) convert an indefinite period of service to a fixed period of service.
19 Time of war or defence emergency
(1) If a member’s period of service would end during a time of war or during a
defence emergency, the period of service is extended until the Chief of the
Defence Force releases the member from service.
(2) The Chief of the Defence Force must release the member from service as soon as
practicable after the end of the time of war or the defence emergency.
(3) This section does not prevent a period of service being changed during a time of
war or during a defence emergency under another provision of this regulation.
20 Defence Force discipline
The Chief of the Defence Force may extend a member’s period of service for the
purpose of ensuring that a process under the Defence Force Discipline Act 1982
relating to the member is completed before the member’s period of service ends.
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Part 3 Service in the Defence Force
Division 5 End of service or period of service
Section 21
Division 5—End of service or period of service
21 Becoming member of Reserves after service in Permanent Forces
(1) If the period of service of a member of the Permanent Forces ends, the member
becomes a member of the Reserves.
Period of Reserve service
(2) The member’s period of service in the Reserves is:
(a) if, before the member’s service in the Permanent Forces ends, the Chief of
the Defence Force specifies a period of service in the Reserves for the
member—that period; or
(b) otherwise—an indefinite period.
When member does not become a member of the Reserves
(3) However, the member does not become a member of the Reserves if:
(a) the Chief of the Defence Force directs that the member is not to become a
member of the Reserves; or
(b) the member’s service is terminated under section 24 (early termination of
service) other than because of redundancy in the Defence Force; or
(c) the member’s service is terminated (however described) under the Act or
the Defence Force Discipline Act 1982.
22 End of service in the Reserves—5 year rule
(1) An indefinite period of service in the Reserves ends if, during a continuous
period of 5 years, the member has not been required to render service as a
member of the Reserves.
(2) However, before service ends under subsection (1), the Chief of the Defence
Force may direct that the service:
(a) continues indefinitely; or
(b) ends at another time.
23 Retirement age
(1) A member’s service (whether in the Permanent Forces or the Reserves) ends
when the member reaches his or her retirement age.
(2) Subsection (1) has effect subject to:
(a) section 19 (time of war or defence emergency); and
(b) any written direction by the Chief of the Defence Force allowing the
member to serve beyond the member’s retirement age.
(3) There is no retirement age for an Admiral of the Fleet, a Field Marshal or a
Marshal of the Royal Australian Air Force.
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Service in the Defence Force Part 3
End of service or period of service Division 5
Section 24
(4) Retirement ages for other members are as follows:
(a) for a member of the Permanent Forces who holds the rank of Admiral,
General or Air Chief Marshal—63 years of age;
(b) for any other member of the Permanent Forces—60 years of age;
(c) for a member of the Reserves—65 years of age.
24 Early termination of service
(1) The Chief of the Defence Force may terminate the service of a member for one
or more of the following reasons:
(a) the member is medically unfit for service in the Defence Force;
(b) the member cannot usefully serve because of redundancy in the Defence
Force;
(c) retention of the member’s service is not in the interests of the Defence
Force;
(d) the member has failed to meet a condition of his or her appointment or
enlistment;
(e) the member has been absent without leave for a continuous period of 3
months or more.
Note: For interests of the Defence Force, see subsection 6(2).
(2) For termination under paragraph (1)(a), (b) or (c), the member must be given
notice and at least 14 days after the date of the notice to provide a written
response.
Note: For notice to members, see section 30.
(3) However, if the member’s appointment or enlistment is subject to a probationary
period, notice is not required during that period.
When termination because of redundancy can occur
(4) Termination because of redundancy (other than during a probationary period)
must not occur until 5 weeks after notice is given unless the member agrees to
earlier termination.
25 Service obligation debts
(1) A member owes a debt (the service obligation debt) to the Commonwealth if:
(a) the Chief of the Defence Force changes a period of service for the member;
and
(b) the member applied for the change; and
(c) the change means that the member will not complete a period of service
(the covered service) that is:
(i) an initial minimum period of service; or
(ii) a period of service required under a return of service obligation.
(2) The amount of the service obligation debt is the amount worked out using:
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Part 3 Service in the Defence Force
Division 5 End of service or period of service
Section 26
(a) the initial obligation amount for the covered service; and
(b) the service debt calculation method for the covered service.
(3) The initial obligation amount for the covered service is the amount:
(a) determined by the Chief of the Defence Force for the covered service; and
(b) notified to the member:
(i) before the member began the initial minimum period of service; or
(ii) before the training or other activities or events that gave rise to the
return of service obligation.
(4) The service debt calculation method for the covered service is the method for
reducing the initial obligation amount for the covered service according to the
portion of the covered service that has been completed that was:
(a) determined by the Chief of the Defence Force for the covered service; and
(b) notified to the member:
(i) before the member began the initial minimum period of service; or
(ii) before the training or other activities or events that gave rise to the
return of service obligation.
Covered service begun before commencement
(5) However, if the period of covered service began before the commencement of
this section, the amount of the service obligation debt is the amount determined
by the Chief of the Defence Force as if:
(a) the Defence (Personnel) Regulations 2002, as in force immediately before
the commencement of this section, continued in effect; and
(b) references in regulations 88 to 98 of those Regulations to the Chief of the
member’s service were references to the Chief of the Defence Force; and
(c) the service obligation debt were an amount covered by a condition that the
member pay a specified amount of money.
Waiver of service obligation debts
(6) The Chief of the Defence Force may waive all or part of a service obligation
debt.
26 Change of reason for end of service
(1) This section applies if:
(a) the service of a member of the Defence Force has been terminated or has
ended for a particular reason; and
(b) the Chief of the Defence Force is satisfied that the member’s service could
properly have been terminated or ended for another reason.
(2) The Chief of the Defence Force may ensure that the member’s service is treated
as having been terminated or ended for the other reason:
(a) at the request or with the agreement of the member; or
(b) at the request or with the agreement of the member’s family.
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Service in the Reserves Division 6
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Division 6—Service in the Reserves
27 Service in the Reserves
A member of the Reserves is bound to render service (including periods of
training) as required by the Chief of the Defence Force.
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Part 3 Service in the Defence Force
Division 7 Suspension from duty
Section 28
Division 7—Suspension from duty
28 Suspension from duty
(1) The Chief of the Defence Force may suspend a member from duty if:
(a) the member:
(i) has been given notice of a proposed termination of the member’s
service under subsection 24(2); and
(ii) has not been informed that the proposed termination will not proceed;
or
(b) the member:
(i) has been given notice under section 100 of the Act of the return of a
positive test result for a prohibited substance test; and
(ii) has not been informed that his or her service will not be terminated
because of the result; or
(c) the Chief of the Defence Force has decided to terminate the member’s
service under subsection 24(1), but the decision has not yet taken effect.
(2) The suspension may be:
(a) with pay, without pay or on part pay; and
(b) ended or varied at any time by the Chief of the Defence Force.
(3) The suspension ends if the member is informed:
(a) for termination under section 24—that the proposed termination will not
proceed; or
(b) for notice under section 100 of the Act—that his or her service will not be
terminated because of the result.
(4) For suspension without pay or on part pay, the member must be given notice and
at least 7 days after the date of the notice to provide a written response.
Note: For notice to members, see section 30.
(5) The Chief of the Defence Force may retrospectively vary a suspension:
(a) if the suspension was without pay—by changing it to suspension with pay
or on part pay; or
(b) if the suspension was on part pay—by increasing the amount of part pay or
changing it to suspension with pay.
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Forfeiture of pay—absent without leave Division 8
Section 29
Division 8—Forfeiture of pay—absent without leave
29 Forfeiture of pay—absent without leave
(1) If a member is absent from duty without leave, the member’s pay is forfeited to
the Commonwealth.
(2) To avoid doubt, subsection (1):
(a) applies whether or not the member has been charged with or convicted of a
service offence in relation to the absence; and
(b) may apply to a member who is in civil custody.
(3) The Chief of the Defence Force may determine that some or all pay otherwise
forfeited under this section is not forfeited.
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Division 9 Notice to members
Section 30
Division 9—Notice to members
30 Notice to members
Content of notice
(1) If a provision of this Part requires notice of an action to be given to a member,
the notice must:
(a) state that the action is proposed; and
(b) set out the reason for the proposal; and
(c) invite the member to provide a written response as to why the proposed
action should not be taken; and
(d) set out the facts and circumstances necessary for the member to prepare the
written response; and
(e) specify the period for providing the written response.
When action can occur
(2) The action must not take place before one of the following occurs:
(a) the member provides the written response;
(b) the member states in writing that he or she does not intend to provide the
written response;
(c) the period for providing the written response ends.
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Honorary ranks Part 4
Section 31
Part 4—Honorary ranks
31 Honorary officer ranks
(1) The Governor-General or the Chief of the Defence Force may appoint an officer
or another person to an officers’ rank that is to be held as an honorary rank.
(2) An honorary rank does not confer or imply a right to command, other than any
right to command which the Chief of the Defence Force confers on the officer or
person.
(3) The Governor-General or the Chief of the Defence Force may at any time revoke
an appointment to an officers’ rank made under this section.
32 Honorary enlisted ranks
(1) The Chief of the Defence Force may appoint an enlisted member or another
person to an enlisted rank that is to be held as an honorary rank.
(2) An honorary rank does not confer or imply a right to command, other than any
right to command which the Chief of the Defence Force confers on the enlisted
member or person.
(3) The Chief of the Defence Force may at any time revoke an appointment to an
enlisted rank made under this section.
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Part 5 Privileges after end of service
Section 33
Part 5—Privileges after end of service
33 Title after end of service
(1) If a member’s service in the Defence Force has ended, the Chief of the Defence
Force may grant to the former member an honorary title relating to the member’s
former appointment.
(2) An honorary title does not confer or imply:
(a) a right to command; or
(b) a position in, or membership of, the Defence Force.
(3) The Chief of the Defence Force may at any time revoke the grant of an honorary
title to a former member.
34 Wearing of uniform after end of service
(1) If a member’s service in the Defence Force has ended, the Chief of the Defence
Force may:
(a) permit the former member to wear a uniform relating to the former
member’s service; and
(b) specify conditions to which the permission is subject.
(2) The Chief of the Defence Force may at any time revoke permission for a former
member to wear a particular uniform.
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Section 35
Part 6—Defence honours and awards
35 Defence honours
For section 110T of the Act, each item in the following table specifies a defence
honour.
Defence honours
Item Name of honour
Victoria Cross for Australia
Victoria Cross
Star of Gallantry
Companion of the Distinguished Service Order
Distinguished Service Cross (Australia)
Conspicuous Service Cross
Nursing Service Cross
Royal Red Cross (1st Class)
Distinguished Service Cross (Imperial)
Military Cross
Distinguished Flying Cross
Air Force Cross
Royal Red Cross (2nd Class)
Medal for Gallantry
Distinguished Service Medal (Australia)
Distinguished Conduct Medal
Conspicuous Gallantry Medal
Conspicuous Gallantry Medal (Flying)
Conspicuous Service Medal
Distinguished Service Medal (Imperial)
Military Medal
Distinguished Flying Medal
Air Force Medal
Queen’s Gallantry Medal
Commendation for Gallantry
Queen’s Commendation for Brave Conduct
Queen’s Commendation for Valuable Service in the Air
Mention in Despatches
Commendation for Distinguished Service
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36 Defence awards
For section 110T of the Act, each item in the following table specifies a defence
award.
Defence awards
Item Name of award
1 Naval General Service Medal 1915–62
2 General Service Medal 1918–62
3 1939–45 Star
4 Atlantic Star
Air Crew Europe Star
6 Africa Star
7 Pacific Star
8 Burma Star
9 Italy Star
France and Germany Star
Defence Medal
War Medal, 1939–45
Australia Service Medal 1939–45
Australian Active Service Medal 1945–1975
Korea Medal
United Nations Service Medal for Korea
General Service Medal 1962
Vietnam Medal
Vietnam Logistic and Support Medal
20 Australian Active Service Medal
21 International Force East Timor Medal
22 Afghanistan Medal
23 Iraq Medal
24 Australian Service Medal 1945–75
Australian General Service Medal for Korea
Australian Service Medal
Australian Operational Service Medal
Rhodesia Medal
Defence Force Service Medal
Reserve Force Decoration
Reserve Force Medal
Defence Long Service Medal
Australian Cadet Forces Service Medal
Champion Shots Medal
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Defence awards
Item Name of award
Army Best Shots Medal
Queen’s Medal for Champion Shots of the RAAF
Royal Navy Long Service and Good Conduct Medal
Royal Navy Volunteer Reserve Decoration
Royal Navy Reserve Decoration
Royal Naval Reserve Long Service and Good Conduct Medal
Royal Naval Volunteer Reserve Long Service and Good Conduct Medal
Royal Fleet Reserve Long Service and Good Conduct Medal
Meritorious Service Medal
44 Long Service and Good Conduct Medal (Army)
45 Efficiency Decoration
46 Efficiency Medal
47 Meritorious Service Medal (RAAF)
48 Long Service and Good Conduct Medal (RAAF)
49 Air Efficiency Award
50 Cadet Forces Medal
51 Australian Defence Medal
52 Anniversary of National Service 1951–1972 Medal
37 Disclosure of information about honours and awards
(1) A person commits an offence if:
(a) the person discloses information; and
(b) the information is obtained by the person as a member of the Defence
Honours and Awards Appeals Tribunal, or as a person assisting the
Tribunal; and
(c) the information is part of or relates to an application for review of a
reviewable decision (within the meaning of section 110V of the Act).
Penalty: 10 penalty units.
(2) Subsection (1) does not apply if:
(a) the disclosure is in the performance of the person’s duties as a member of
the Tribunal, or as a person assisting the Tribunal; or
(b) the disclosure of the information is permitted or required by the Act or by
procedural rules made under section 110XH of the Act; or
(c) the disclosure of the information is the subject of an order under
section 110XD of the Act; or
(d) the disclosure of the information is only by or to the person to whom the
information relates; or
(e) the disclosure of the information is authorised by the person to whom the
information relates.
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Part 7 Redress of grievances
Section 38
Part 7—Redress of grievances
38 Object of this Part
The object of this Part is to provide a process for a member to seek redress of a
grievance the member has about a decision, act or omission that relates to the
member’s service in the Defence Force.
39 Chief of the Defence Force may authorise person to receive complaints
(1) The Chief of the Defence Force may, by written instrument, authorise one or
more of the following to receive complaints made under this Part:
(a) an officer;
(b) an APS employee who holds, or performs the duties of, a position not
below APS 6 in the Department.
(2) A person so authorised is an authorised complaint recipient.
40 Making a complaint
(1) A member may make a complaint under this Part if the member considers:
(a) that a decision, act or omission in relation to the member’s service is
adverse or detrimental to him or her; and
(b) that the adverse or detrimental effect of the decision, act or omission is
capable of being redressed by:
(i) the Chief of the Defence Force, or another member of the Defence
Force; or
(ii) the Secretary or an employee of the Department; or
(iii) a delegate of, or a person authorised by, the Chief of the Defence
Force or Secretary.
(2) However, a member must not make a complaint under this Part in relation to any
of the following:
(a) a decision or act under this Part, or an omission to make a decision or do an
act under this Part;
(b) a decision, act or omission of the Inspector-General ADF;
(c) a decision, report, finding or recommendation of an inquiry under the
Defence (Inquiry) Regulations 1985;
(d) a decision to give, or not to give, a particular assessment, grade or rating as
the result of a performance appraisal;
(e) a decision, judgment or order made by a civil or criminal court, a service
tribunal or the Defence Force Discipline Appeal Tribunal;
(f) a liability arising under section 68 or 69 of the Public Governance,
Performance and Accountability Act 2013;
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(g) an act that is part of the administrative process for making a decision, other
than as part of a complaint about the decision.
41 Manner of making complaint
(1) A complaint by a member under this Part must:
(a) be made in a form approved by the Chief of the Defence Force; and
(b) include information about the decision, act or omission concerned; and
(c) specify the redress sought; and
(d) be given to the member’s commanding officer or to an authorised
complaint recipient.
(2) If the complaint relates to a decision to terminate the member’s service, it must
be made within 14 days after the member was notified of the decision.
(3) If the complaint does not relate to a decision to terminate the member’s service,
it must be made:
(a) within 6 months after the member:
(i) was notified of the decision, act or omission concerned; or
(ii) could reasonably be expected to have known about the decision, act or
omission; or
(b) if the Inspector-General ADF is satisfied that exceptional circumstances
exist—within the time allowed by the Inspector-General ADF.
42 Action to consider complaint or redress grievance
A commanding officer or authorised complaint recipient who is given a
complaint under this Part may do one or more of the following:
(a) consider the complaint;
(b) take action to redress the member’s grievance;
(c) refer the complaint to another person for consideration;
(d) refer the complaint to another person who is capable of redressing the
member’s grievance;
(e) refer the complaint to be dealt with under another complaint handling
procedure.
43 Referral to Inspector-General ADF
(1) A commanding officer or an authorised complaint recipient who is given a
complaint under this Part by a member must, within 14 days after receiving the
complaint:
(a) refer the complaint to the Inspector-General ADF; and
(b) notify the member, in writing, that the complaint has been referred to the
Inspector-General ADF.
(2) The commanding officer or authorised complaint recipient may also give the
Inspector-General ADF any other information or material that the commanding
officer or authorised complaint recipient considers relevant.
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(3) If the member is not notified in accordance with paragraph (1)(b), the member
may give the complaint to the Inspector-General ADF.
44 Inspector-General ADF to consider complaint
(1) If a complaint is made by a member under this Part, the Inspector-General ADF
must consider the complaint.
(2) Subsection (1) has effect subject to section 46 of this instrument and
subsection 110DB(1) of the Act.
Note: Subsection 110DB(1) of the Act provides that the Inspector-General ADF may end an
inquiry or investigation if he or she is satisfied that it is not warranted having regard to
all the circumstances.
(3) In considering the complaint, the Inspector-General ADF may adopt any
procedure that he or she considers appropriate in the circumstances.
45 Action by Inspector-General ADF
(1) After considering the complaint, the Inspector-General ADF:
(a) must inform either the member’s commanding officer or a more senior
officer in the member’s chain of command of the findings made by the
Inspector-General ADF in relation to the complaint; and
(b) may inform any of the following of the findings made by the
Inspector-General ADF in relation to the complaint:
(i) the Minister;
(ii) the Chief of the Defence Force;
(iii) a service chief;
(iv) the Secretary;
(v) a member of the Defence Force;
(vi) an employee of the Department;
(vii) any other person the Inspector-General ADF considers is affected by a
finding.
(2) The Inspector-General ADF may give a report about the complaint, including the
findings and any recommendations by the Inspector-General ADF, to:
(a) any person mentioned in subsection (1); or
(b) if the report includes recommendations that the Inspector-General
considers would affect another person—to the other person.
(3) Recommendations made by the Inspector-General ADF may include, but are not
limited to, action that the Inspector-General ADF considers should be taken to
redress the adverse or detrimental effect of the decision, act or omission
concerned.
(4) The Inspector-General ADF must inform the member of the following:
(a) the findings made by the Inspector-General in relation to the complaint;
(b) who has been informed of the findings;
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(c) whether other persons have been given a report about the complaint, and if
so who has been given the report.
46 Inspector-General ADF may decide not to consider complaint
(1) The Inspector-General ADF may decide not to consider the complaint, or to stop
considering the complaint, if in the Inspector-General ADF’s opinion:
(a) the commanding officer or authorised complaint recipient who received the
complaint has satisfactorily resolved the complaint, or will be able to
satisfactorily resolve the complaint; or
(b) the member’s grievance has already been considered under this Part or
another complaint handling procedure; or
(c) it would be more appropriate for the member’s grievance to be dealt with
under another complaint handling procedure; or
(d) the member did not make reasonable efforts to resolve the member’s
grievance before submitting the complaint under this Part; or
(e) the complaint does not include sufficient information about a decision, act
or omission to enable the complaint to be considered; or
(f) the complaint is frivolous or vexatious; or
(g) consideration of the complaint is not warranted having regard to all the
circumstances.
(2) If the Inspector-General ADF decides not to consider the complaint, the
Inspector-General ADF must notify the member, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
47 Withdrawing complaint
(1) A member may withdraw a complaint made under this Part at any time by giving
written notice to:
(a) if the complaint has been given to the Inspector-General ADF—the
Inspector-General ADF; and
(b) if the complaint has not been given to the Inspector-General ADF—the
commanding officer or authorised complaint recipient to whom the
complaint was given.
(2) If the complaint has not been given to the Inspector-General ADF, the
commanding officer or authorised complaint recipient is not required to refer the
complaint to the Inspector-General ADF, but must inform the Inspector-General
ADF that the complaint was made and then withdrawn.
48 Victimisation
Causing detriment to another person
(1) A member, or an employee of the Department, commits an offence if:
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(a) the member or employee engages in conduct that causes detriment to
another person; and
(b) the member or employee intends to cause the detriment because the other
person:
(i) has made, or proposes to make, a complaint under this Part; or
(ii) has redressed, or proposes to redress, a member’s grievance about a
decision, act or omission that relates to the member’s service in the
Defence Force; or
(iii) has taken, or proposes to take, any other action under this Part.
Penalty: 10 penalty units.
Threatening to cause detriment to another person
(2) A member, or an employee of the Department, commits an offence if:
(a) the member or employee makes a threat to another person (the second
person) to cause detriment to the second person or to a third person; and
(b) the member or employee:
(i) intends the second person to fear that the threat will be carried out; or
(ii) is reckless as to causing the second person to fear that the threat will
be carried out; and
(c) the member or employee makes the threat because a person:
(i) has made, or proposes to make, a complaint under this Part; or
(ii) has redressed, or proposes to redress, a member’s grievance about a
decision, act or omission that relates to the member’s service in the
Defence Force; or
(iii) has taken, or proposes to take, any other action in relation to this Part.
Penalty: 10 penalty units.
(3) For the purposes of subsection (2), a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(4) In a prosecution for an offence against subsection (2), it is not necessary to prove
that the person threatened actually feared that the threat would be carried out.
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Medical and dental treatment Part 8
Section 49
Part 8—Medical and dental treatment
49 Provision of medical and dental treatment
(1) The Commonwealth must arrange provision to a member of the Defence Force
rendering continuous full time service of medical and dental treatment necessary
to keep the member fit for the performance of the member’s duties.
(2) The provision of treatment under subsection (1) is not required to comply with a
law of a State or Territory if it complies with a Defence Instruction.
(3) The Commonwealth must arrange for the supply of pharmaceuticals required for
the provision of treatment under subsection (1), including arranging associated
activities such as transport, storage and possession of the pharmaceuticals.
(4) The supply of pharmaceuticals (and associated activities) under subsection (3) is
not required to comply with a law of a State or Territory if it complies with a
Defence Instruction.
50 Recovery of the costs of treatment in certain circumstances
(1) If:
(a) the Commonwealth provides medical or dental treatment to a member
under section 49 in relation to an illness or injury; and
(b) the Secretary is satisfied that the member may have an enforceable claim
for damages against a person for the illness or injury;
the Secretary may, in writing, require the member to pay an amount to the
Commonwealth for the treatment.
(2) The amount must not exceed the expense incurred by the Commonwealth.
(3) The amount is a debt due to the Commonwealth.
(4) Without limiting the means by which the debt may be recovered, the
Commonwealth may deduct the amount from the member’s salary and
allowances.
(5) Subsection (1):
(a) applies regardless of when the illness or injury occurred or when the
enforceable claim for damages may have arisen; and
(b) continues to apply to a person who ceases to be a member at any time after
receiving the treatment.
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Part 9 Oaths and affirmations etc. for members serving overseas
Section 51
Part 9—Oaths and affirmations etc. for members serving
overseas
51 Oaths and affirmations etc. for members outside Australia
(1) A competent officer may do the following for a member of the Defence Force
who is serving outside Australia:
(a) administer an oath or affirmation;
(b) take an affidavit;
(c) witness the signing of a document.
(2) Any writing by the competent officer evidencing the oath, affirmation, affidavit
or witnessing must include the signature, name and rank of the competent
officer.
(3) However, the competent officer is not required to state the place where the oath
or affirmation is administered, the affidavit is sworn or the document is
witnessed.
(4) The oath, affirmation, affidavit or witnessing has effect:
(a) if it is substantially in accordance with a form provided by the
Commonwealth, a State or a Territory; and
(b) for the purposes of any law of the Commonwealth, a State or a Territory.
(5) For the purposes of this Part, a reference to a member of the Defence Force
includes a reference to:
(a) a person who accompanies a part of the Defence Force; or
(b) a member of the Defence Force who is a prisoner of war, interned or in
custody in a place outside Australia.
52 Meaning of competent officer
Each of the following is a competent officer:
(a) an officer;
(b) a member of the naval, military or air force of Canada, New Zealand, the
United Kingdom or the United States of America who holds a rank
equivalent to an officer;
(c) in relation to a member of the Defence Force who is a prisoner of war,
interned or in custody in a place outside Australia—the person who is the
official representative of prisoners of war or other persons detained or
interned in that place.
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Certification of deaths Part 10
Section 53
Part 10—Certification of deaths
53 Minister may issue death certificates
(1) The Minister may issue a death certificate for a member of the Defence Force if
the Minister is satisfied that, while on service, the member:
(a) has died; or
(b) has become missing and is presumed to have died.
(2) The certificate must state:
(a) the date on which the member died or is presumed to have died; or
(b) a date before or after which the member died or is presumed to have died.
(3) The death certificate is evidence in all courts and for all purposes of the death,
and time of death, of the member.
(4) For the purposes of this Part, a reference to a member of the Defence Force
includes a reference to:
(a) a person who accompanies a part of the Defence Force; or
(b) a member of the Defence Force who is a prisoner of war, interned or in
custody in a place outside Australia.
54 Cancellation and correction of death certificates
(1) If the Minister is satisfied that a death certificate (the original certificate) is
incorrect, the Minister must:
(a) require the return of the original certificate; and
(b) either:
(i) cancel the original certificate; or
(ii) issue a corrected death certificate.
(2) Subsection (1) applies whether the original certificate is incorrect in respect of:
(a) a particular set out in the certificate; or
(b) the death of the member.
(3) If the original certificate is not returned, cancelling the original certificate or
issuing a corrected death certificate does not affect the rights of a person acting
in good faith in reliance on the original certificate.
Offences
(4) A person commits an offence if:
(a) the person has possession or control of a death certificate; and
(b) the Minister requires the person to return the death certificate; and
(c) the person fails to comply with the requirement as soon as practicable.
Penalty: 10 penalty units.
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(5) A person commits an offence if:
(a) the person has possession or control of a death certificate; and
(b) either:
(i) the Minister requires the person to return the death certificate; or
(ii) the person knows that the Minister will require the person to return
the death certificate; and
(c) the person makes use of, or purports to act in reliance on, the death
certificate.
Penalty: 10 penalty units.
55 Dealing with property
(1) This section applies if a death certificate for a member is in effect.
(2) Leave of a court is not required for the distribution or administration of the
member’s estate if:
(a) probate of the member’s will has been granted or is proposed to be granted;
or
(b) administration of the member’s estate has been granted or is proposed to be
granted.
(3) No bond, surety or other security must be required in relation to money or other
property forming part of the member’s estate that would not have been required
if the member’s death had been proved conclusively.
56 No civil or criminal liability for reliance on certificate or cancellation
A person is not subject to any civil or criminal liability only because the person
has paid money or transferred property in good faith in reliance on a certificate
or cancellation under this Part.
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Application of Part Division 1
Section 57
Part 11—Defence areas
Division 1—Application of Part
57 Application
(1) This Part does not apply to a person if, immediately before the repeal of the
Defence Force Regulations 1952, Part VII of those regulations applied to the
person.
Note: For the application of Part VII of the Defence Force Regulations 1952, see
subsection 72TB(1) of the Act.
(2) Despite the repeal of the Defence Force Regulations 1952, Part VII of those
regulations continues to apply in accordance with subsection 72TB(1) of the Act.
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Part 11 Defence areas
Division 2 Defence areas
Section 58
Division 2—Defence areas
58 Declaration of defence area
(1) The Minister may, by legislative instrument, declare an area of land, sea or
airspace in or adjacent to Australia to be a defence area for use for a defence
purpose.
(2) The declaration must:
(a) specify the defence purpose for which the area is required; and
(b) specify whether entry into a defence area is to be:
(i) prohibited at all times; or
(ii) prohibited during particular periods as determined under
subsection 59(1).
(3) The Minister must not declare an area unless:
(a) the area is Commonwealth land; or
(b) for land that is not Commonwealth land—the consent in writing of the
occupier of the land has been obtained; or
(c) it is necessary or expedient, in the interests of the safety or defence of
Australia, to use the area for the purpose of:
(i) testing defence materiel; or
(ii) carrying out a defence operation or practice; or
(d) the area is a depot, factory, laboratory, store or other facility used by or on
behalf of the Commonwealth in relation to defence materiel.
(4) The area may be used for the defence purpose specified in the declaration.
59 Prohibition of entry into defence area
(1) If entry into a defence area is to be prohibited during particular periods, the Chief
of the Defence Force or the Secretary may determine a period when entry is
prohibited.
Note: For example, entry may be prohibited while a defence operation or practice takes place.
(2) The Chief of the Defence Force or the Secretary must cause such notice to be
given of a prohibition of entry into the area as is reasonably required, having
regard to:
(a) whether entry is prohibited at all times; and
(b) the need to protect persons and property that might be affected by activities
in the defence area; and
(c) the nature of the activities to be undertaken in the area; and
(d) the equipment to be used in those activities, and the risk to persons or
property that is likely to arise from that use; and
(e) the forms of communication available for notifying the public.
(3) A person commits an offence if:
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Section 60
(a) the person is in a defence area; and
(b) at the time the person is in the area, entry into the area is prohibited.
Penalty: 20 penalty units.
(4) Subsection (3) does not apply if the person has permission from one of the
following to be in the defence area at that time:
(a) a person authorised by the Chief of the Defence Force or the Secretary to
grant permission;
(b) an officer participating in an activity being undertaken in the defence area
at that time.
Note: See section 62 for requirements concerning permission.
60 Requirement to remove property from defence area
(1) If entry to a defence area is not prohibited at all times, the Chief of the Defence
Force or the Secretary may direct that a person is required to ensure that an item
of movable property is not present in the area during a period that entry is
prohibited.
(2) To avoid doubt, a direction may identify the person to whom it applies by
reference to a class of persons, and the property to which it applies by reference
to a class of property.
Note: For example, a direction may require owners of vehicles, vessels and aircraft to ensure
these items are not present.
(3) A direction may apply to a particular period during which entry is prohibited, or
to all such periods.
(4) The Chief of the Defence Force or the Secretary must cause such notice to be
given of the direction as is reasonably required, having regard to:
(a) the persons to whom the requirement applies; and
(b) the kind of property to which the requirement applies; and
(c) the period during which the requirement applies; and
(d) the forms of communication available for notifying the persons affected.
(5) A person commits an offence if:
(a) a direction under this section requires the person to ensure an item of
movable property is not present in a defence area during a period; and
(b) the item is present in the area during that period.
Penalty: 20 penalty units.
(6) Subsection (5) does not apply if the person has permission from one of the
following for the item of property to be in the defence area during that period:
(a) a person authorised by the Chief of the Defence Force or the Secretary to
grant permission;
(b) an officer participating in an activity being undertaken in the defence area
during that period.
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Division 2 Defence areas
Section 61
Note: See section 62 for requirements concerning permission.
61 Installation of equipment
(1) The Chief of the Defence Force may authorise the installation, placement or
construction of equipment (including a structure) for defence purposes within a
defence area, including on the sea-bed or in the subsoil beneath an area.
(2) If entry to the area is not prohibited at all times, the Chief of the Defence Force
must cause such notice to be given of the location of the equipment, and of
activities that would be likely to interfere with the operation of the equipment, as
is reasonably required having regard to:
(a) the nature of the equipment; and
(b) the risk of damage to the equipment; and
(c) the risk of other interference with the operation of the equipment; and
(d) the forms of communication available for notifying persons in reasonable
proximity to the equipment.
(3) A person commits an offence if the person interferes with the operation of
equipment installed, placed or constructed in a defence area as authorised under
this section.
Penalty: 20 penalty units.
(4) Subsection (3) does not apply if the person has permission from one of the
following to engage in conduct that might or will interfere with the operation of
the equipment:
(a) a person authorised by the Chief of the Defence Force or the Secretary to
grant permission;
(b) an officer participating in a kind of activity for which the equipment was
installed.
Note: See section 62 for requirements concerning permission.
62 Permission requirements
(1) Permission for the purposes of section 59, 60 or 61 must be given in writing and
must specify the period for which the permission is effective.
(2) Permission may be subject to conditions (including conditions in relation to the
conduct of the person to whom the permission is given) that are reasonably
required for:
(a) the protection of persons and property in the defence area; or
(b) the safety or defence of Australia; or
(c) the protection of official secrets.
(3) A person commits an offence if:
(a) the person is given permission for the purposes of section 59, 60 or 61; and
(b) the person engages in conduct that is in breach of a condition of the
permission.
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Section 63
Penalty: 20 penalty units.
63 Removal from defence area
(1) A person may be removed from a defence area if the person:
(a) is in the defence area in contravention of subsection 59(3); or
(b) fails to comply with a condition of permission given to the person for the
purposes of section 59 or 61.
(2) An item of movable property may be removed from a defence area if:
(a) the item is in the defence area in contravention of subsection 60(5); or
(b) a condition of permission given for the purposes of section 60 in relation to
the item is not complied with.
(3) The person or item may be removed by or under the direction of:
(a) a member of the Defence Force; or
(b) a police officer; or
(c) an Australian Government officer; or
(d) a person authorised by the Minister.
(4) The power of removal is without prejudice to any proceedings that may be taken
against a person.
64 Offence of obstructing or hindering
(1) A person commits an offence if:
(a) the person obstructs or hinders another person; and
(b) the other person is:
(i) a member of the Defence Force; or
(ii) a police officer; or
(iii) an Australian Government officer; or
(iv) a person authorised by the Minister for section 63; and
(c) the other person is exercising a power under section 63 to remove a person
or item of movable property.
Penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person obstructs or hinders another person; and
(b) the other person is acting under a direction given under section 63.
Penalty: 20 penalty units.
65 Other defence operations and practices
Nothing in this Division affects the power of the Commonwealth to undertake
defence operations and practices outside of defence areas.
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Part 11 Defence areas
Division 2 Defence areas
Section 66
66 Division binds the Crown
This Division binds the Crown in each of its capacities.
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Compensation Division 3
Section 67
Division 3—Compensation
67 Compensation for loss or damage
(1) The Commonwealth is liable to pay a reasonable amount of compensation to a
person who suffers any of the following forms of loss or damage as a result of
the operation of this Part:
(a) a personal injury;
(b) damage to property;
(c) a loss of income.
(2) Without limiting how the loss or damage may be caused by the operation of this
Part, subsection (1) applies if the person:
(a) is ordinarily resident in a place when it is declared a defence area under
section 58, and suffers the loss or damage because of the declaration; or
(b) suffers the loss or damage because of the use of land for an activity in a
defence area.
(3) If the Commonwealth and the person do not agree on the amount of
compensation, the person may institute proceedings in a court of competent
jurisdiction for the recovery from the Commonwealth of such reasonable amount
of compensation as the court determines.
68 Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property (within the
meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than
on just terms (within the meaning of that paragraph), the Commonwealth is liable
to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in a court of competent
jurisdiction for the recovery from the Commonwealth of such reasonable amount
of compensation as the court determines.
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Part 11A Defence aviation areas
Division 1 General
Section 68A
Part 11A—Defence aviation areas
Division 1—General
68A Application
This Part is made for the purposes of Part IXD of the Act.
68B Interpretation
For the purposes of this Part:
(a) a reference to the height of an object on land is to be read as a reference to
the height of the highest point of the object above the lowest point of the
natural ground level of the land covered by the object; and
(b) a reference to the height of an object at sea is to be read as a reference to
the height of the highest point of the object above mean sea level; and
(c) a reference to constructing a building, structure or object includes a
reference to:
(i) causing or permitting a building, structure or object to be constructed,
altered or extended; or
(ii) bringing a building, structure or object into a defence aviation area;
and
(d) a reference to the marking or lighting of a building, structure or object is to
be read as a reference to marking or lighting the building, structure or
object in such manner that the existence of the building, structure or object
can be recognised by day and by night from an aircraft; and
(e) a reference to an object hazardous to aircraft or to aviation-related
communications, navigation or surveillance is to be read as a reference to
an object:
(i) that is, or may become, an obstacle or hazard to aircraft; or
(ii) that interferes, or may interfere, with the control of aircraft; or
(iii) that interferes, or may interfere, with aviation-related
communications, navigation or surveillance required for the control of
aircraft or for the defence of Australia.
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Requirements in relation to defence aviation areas Division 2
Section 68C
Division 2—Requirements in relation to defence aviation areas
Subdivision A—Construction of buildings, structures and objects
68C Construction of buildings, structures and objects in defence aviation areas
above specified height restrictions
(1) A person commits an offence if:
(a) the person constructs a building, structure or object within an area; and
(b) the area is a defence aviation area; and
(c) the building, structure or object exceeds the height restriction applying to
the building, structure or object within the defence aviation area as
specified in a Ministerial declaration for the defence aviation area; and
(d) the person does not have a valid approval under section 68F to construct
the building, structure or object at a height that exceeds the height
restriction applying to the building, structure or object.
Penalty: 20 penalty units.
(2) Strict liability applies to paragraphs (1)(b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
68D Construction of buildings, structures and objects in defence aviation areas
that generate plumes or air turbulence above specified height
restrictions
(1) A person commits an offence if:
(a) the person constructs a building, structure or object within an area; and
(b) the area is a defence aviation area; and
(c) the building, structure or object generates plumes or air turbulence, or
causes plumes or air turbulence to be generated, above the height
restriction applying to the building, structure or object within the defence
aviation area as specified in a Ministerial declaration for the defence
aviation area; and
(d) the person does not have a valid approval under section 68F to construct
the building, structure or object.
Penalty: 20 penalty units.
(2) Strict liability applies to paragraphs (1)(b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
68E Applications for approval
(1) A person may apply to the Minister for approval to construct, within a defence
aviation area, a building, structure or object that:
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Section 68E
(a) exceeds the height restriction (the relevant height restriction) applying to
the building, structure or object within the defence aviation area, or part of
the defence aviation area, specified in a Ministerial declaration for the
defence aviation area; or
(b) is likely to:
(i) generate plumes or air turbulence above the relevant height
restriction; or
(ii) cause plumes or air turbulence to be generated above the relevant
height restriction.
(2) An application for approval must:
(a) be in writing and signed by, or on behalf of, the applicant; and
(b) be given to the Minister; and
(c) specify the height of the building, structure or object proposed to be
constructed; and
(d) state the purpose for which the building, structure or object is proposed to
be used; and
(e) state whether in connection with the building, structure or object any object
hazardous to:
(i) aircraft; or
(ii) aviation-related communications, navigation or surveillance;
is proposed, or is likely, to be brought into the defence aviation area; and
(f) specify the height of any other objects that may reasonably be expected to
be within the defence aviation area in connection with the building,
structure or object; and
(g) be accompanied by plans, including elevation views, that show the shape,
size, position, geographic coordinates and material of the building,
structure or object and the contours of the land on which the building,
structure or object is to be constructed; and
(h) include a detailed description of measures to prevent or reduce any hazards
to:
(i) aircraft; or
(ii) aviation-related communications, navigation or surveillance;
that may reasonably be expected to be caused by the building, structure or
object; and
(i) if the building, structure or object is likely to generate plumes or air
turbulence, or to cause plumes or air turbulence to be generated, above the
relevant height restriction—include a detailed description of the likely
plumes or air turbulence and the measures to prevent or reduce any hazards
to:
(i) aircraft; or
(ii) aviation-related communications, navigation or surveillance;
that may reasonably be expected to be caused by the plumes or air
turbulence.
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Section 68F
(3) The Minister may, by notice in writing, require an applicant to provide such
further information with respect to an application as is reasonably required for a
proper consideration of the application.
(4) The Minister is not required to consider, or further consider, the application until
the further information is provided.
68F Grant or refusal of approval
(1) The Minister may, by instrument in writing, grant, or refuse to grant, approval to
construct a building, structure or object within a defence aviation area.
(2) An approval may be subject to such conditions as the Minister considers
necessary to prevent or reduce hazards to:
(a) aircraft; or
(b) aviation-related communications, navigation or surveillance.
(3) Without limiting subsection (2), an approval may be subject to such conditions
with respect to any or all of the following:
(a) the position of the building, structure or object;
(b) its shape, size or height;
(c) the manner of its construction;
(d) the materials of which it is to be constructed;
(e) the purpose for which it may be used;
(f) the manner in which it is to be marked;
(g) the height of any apparatus to be used in its construction;
(h) the manner in which that apparatus is to be marked.
(4) The conditions must be specified in the approval.
(5) The Minister must not:
(a) refuse to grant approval; or
(b) grant approval subject to conditions; or
(c) impose, either at the time of approval or by subsequent variation,
conditions with respect to the marking or lighting of a building, structure or
object;
except for the purpose of preventing or reducing hazards to:
(d) aircraft; or
(e) aviation-related communications, navigation or surveillance.
68G Conditions of approval to be complied with
A person commits an offence if:
(a) an approval is granted under section 68F; and
(b) the approval is subject to a condition; and
(c) the person fails to comply with the condition.
Penalty: 20 penalty units.
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Section 68H
Subdivision B—Hazardous objects
68H Hazardous objects
(1) A person commits an offence if:
(a) the person brings into, or has within, a defence aviation area an object; and
(b) the object is hazardous to:
(i) aircraft; or
(ii) aviation-related communications, navigation or surveillance; and
(c) the person does not have a valid approval under section 68K to bring into,
or have within, the defence aviation area the object.
Penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person uses an object in a defence aviation area; and
(b) the object is used in a manner that is hazardous to:
(i) aircraft; or
(ii) aviation-related communications, navigation or surveillance; and
(c) the person does not have a valid approval under section 68K to use the
object in that manner in the defence aviation area.
Penalty: 20 penalty units.
68J Applications for approval
(1) A person may apply to the Minister for approval to do either or both of the
following:
(a) bring into, or have within, a defence aviation area an object of a kind
mentioned in paragraph 68H(1)(b);
(b) use an object in a defence aviation area in the manner mentioned in
paragraph 68H(2)(b).
(2) An application must be in the form approved by the Minister and must contain
the information required by the form.
(3) The Minister may, by notice in writing, require an applicant to provide such
further information with respect to an application as is reasonably required for a
proper consideration of the application.
(4) The Minister is not required to consider, or further consider, the application until
the further information is provided.
68K Grant or refusal of approval
(1) The Minister may, by instrument in writing, grant, or refuse to grant, an approval
for the purposes of subsection 68J(1).
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Section 68L
(2) An approval may be subject to such conditions as the Minister considers
necessary to prevent or reduce hazards to:
(a) aircraft; or
(b) aviation-related communications, navigation or surveillance.
(3) Without limiting subsection (2), an approval may be subject to conditions with
respect to any or all of the following:
(a) the time when the object may be brought into the defence aviation area;
(b) the period during which it may remain in the defence aviation area;
(c) the position of the object;
(d) its shape or size;
(e) the purpose for which it may be used;
(f) the manner in which it may be used;
(g) the times during which it may be used;
(h) the manner in which it is to be marked.
(4) The conditions must be specified in the approval.
(5) The Minister must not:
(a) refuse to grant approval; or
(b) grant approval subject to conditions; or
(c) impose, either at the time of approval or by subsequent variation,
conditions with respect to the marking or lighting of a building, structure or
object;
except for the purpose of preventing or reducing hazards to:
(d) aircraft; or
(e) aviation-related communications, navigation or surveillance.
68L Conditions of approval to be complied with
A person commits an offence if:
(a) an approval is granted under section 68K; and
(b) the approval is subject to a condition; and
(c) the person fails to comply with the condition.
Penalty: 20 penalty units.
Subdivision C—Buildings, structures or objects may be removed or
marked etc.
68M Removal or marking etc. of buildings, structures or objects
(1) If there is within a defence aviation area:
(a) a building, structure or object that exceeds the height restriction applying to
the building, structure or object within the defence aviation area as
specified in a Ministerial declaration for the defence aviation area; or
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Section 68N
(b) a building, structure or object that generates plumes or air turbulence, or
causes plumes or air turbulence to be generated, above the height
restriction applying to the building, structure or object within the defence
aviation area as specified in a Ministerial declaration for the defence
aviation area; or
(c) any other object that constitutes or may constitute a hazard to:
(i) aircraft operating in, or in the vicinity of, the defence aviation area; or
(ii) aviation-related communications, navigation or surveillance;
the Minister may, by notice in writing, give directions with respect to:
(d) the removal (in whole or in part), within a time of not less than 28 days
specified in the notice, of the whole or a specified part of the building,
structure or object; or
(e) the marking, lighting, screening, modification or relocation of the building,
structure or object within a time specified in the notice.
(2) The Minister may give a direction under subsection (1) only if the Minister is
reasonably satisfied that it is necessary to do so for the purpose of preventing or
reducing hazards to:
(a) aircraft; or
(b) aviation-related communications, navigation or surveillance.
(3) The time specified in a notice must be a reasonable time in all the circumstances.
(4) The powers conferred by subsection (1) may be exercised in relation to a
building, structure or object whether or not approval has been granted under
section 68F or 68K.
(5) A notice under subsection (1) in relation to a building, structure or object may be
given to any person whom the Minister reasonably believes occupies, or has an
interest in, the land on which the building, structure or object is situated.
(6) A notice under subsection (1) must not be given to a person unless it is
reasonable that the person should be required to comply with the requirement of
the notice.
(7) A person commits an offence if:
(a) a notice is given to the person under this section; and
(b) the person:
(i) fails to comply with a direction in the notice; or
(ii) fails to comply with a direction within the time specified in the notice.
Penalty: 20 penalty units.
68N Removal or marking of buildings, structures or objects in urgent situations
(1) This section applies if the Minister is satisfied on reasonable grounds that:
(a) a building, structure or object within a defence aviation area; or
(b) plumes or air turbulence generated by a building, structure or object within
a defence aviation area; or
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(c) the use of an object within a defence aviation area;
constitutes, contributes to or results in, a serious and imminent risk to aircraft or
aviation-related communications, navigation or surveillance.
(2) Despite section 68M, the Minister may, by notice in writing, give directions with
respect to the following:
(a) the removal of the whole or a specified part of the building, structure or
object within a time specified in the notice;
(b) the marking, lighting, screening, modification or relocation of the building,
structure or object within a time specified in the notice.
(3) The time specified in the notice must be reasonable in all the circumstances.
Note: The notice may require immediate compliance if the circumstances are sufficiently
serious.
(4) A notice under subsection (2) must not be given to a person unless it is
reasonable that the person should be required to comply with the requirement of
the notice.
(5) A person commits an offence if:
(a) a notice is given to the person under this section; and
(b) the person:
(i) fails to comply with a direction in the notice; or
(ii) fails to comply with a direction within the time specified in the notice.
Penalty: 20 penalty units.
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Part 11A Defence aviation areas
Division 3 Monitoring
Section 68P
Division 3—Monitoring
68P Provisions subject to monitoring under the Regulatory Powers Act
For the purposes of subsection 117AE(1) of the Act, the following provisions of
this Part are prescribed:
(a) section 68C;
(b) section 68D;
(c) section 68G;
(d) section 68H;
(e) section 68L;
(f) section 68M;
(g) section 68N.
68Q Information subject to monitoring under the Regulatory Powers Act
For the purposes of subsection 117AE(2) of the Act, the following provisions of
this Part are prescribed:
(a) section 68E;
(b) section 68J.
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Compensation Division 4
Section 68R
Division 4—Compensation
68R Compensation for diminution of land value, loss or damage
(1) For the purposes of paragraph 124(1)(r) of the Act, the Commonwealth is,
subject to subsection (2), liable to pay a reasonable amount of compensation to a
person if:
(a) the value of land is diminished as a result of a Ministerial declaration and
the person has an interest in the land; or
(b) because of the removal under this Part of a building, structure or object
from a defence aviation area the person suffers loss or damage, or incurs
expense, as a direct result of that removal; or
(c) because of the marking or lighting under this Part of a building, structure or
object in a defence aviation area the person suffers loss or damage, or
incurs expense, as a direct result of that marking or lighting.
(2) Paragraphs (1)(b) and (c) do not apply in relation to a building, structure or
object if:
(a) the building, structure or object was constructed within a defence aviation
area without a valid approval under section 68F; or
(b) the person brings the object into, or has the object within, a defence
aviation area without a valid approval under section 68K; or
(c) the person uses the object in a defence aviation area in a manner that is
hazardous to:
(i) aircraft; or
(ii) aviation-related communications, navigation or surveillance;
without a valid approval under section 68K; or
(d) an approval in force under section 68F or 68K in relation to the building,
structure or object, or a condition to which such an approval is subject, is
contravened.
(3) If the Commonwealth and the person do not agree on the amount of
compensation, the person may institute proceedings in a court of competent
jurisdiction for the recovery from the Commonwealth of such reasonable amount
of compensation as the court determines.
68S Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property (within the
meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than
on just terms (within the meaning of that paragraph), the Commonwealth is liable
to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in a court of competent
jurisdiction for the recovery from the Commonwealth of such reasonable amount
of compensation as the court determines.
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Part 11A Defence aviation areas
Division 5 Review of decisions
Section 68T
Division 5—Review of decisions
68T Review by Administrative Appeals Tribunal
Applications may be made to the Administrative Appeals Tribunal for review of:
(a) a decision under subsection 68F(1) to refuse to grant approval to construct
a building, structure or object; or
(b) a decision under subsection 68F(2) to impose a condition subject to which
a building, structure or object may be constructed; or
(c) a decision under subsection 68K(1) to refuse to grant approval for the
purposes of subsection 68J(1); or
(d) a decision under subsection 68K(2) to impose a condition on an approval
for the purposes of subsection 68J(1); or
(e) a direction under subsection 68M(1) or 68N(2) to remove a building,
structure or object; or
(f) a direction under subsection 68M(1) or 68N(2) with respect to the marking,
lighting, screening, modification or relocation of a building, structure or
object.
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Aid to civilian authorities Part 12
Section 69
Part 12—Aid to civilian authorities
69 Aid to civilian authorities
(1) This section applies if the Defence Force is called out:
(a) other than under Part IIIAAA of the Act; and
(b) to protect either of the following against domestic violence:
(i) Commonwealth interests in Australia;
(ii) a State or self-governing Territory.
(2) The Chief of the Defence Force must utilise the Defence Force in a way that is
reasonable and necessary to protect the Commonwealth interests, the State or the
self-governing Territory.
(3) The Chief of the Defence Force must comply with any directions given by the
Minister about the utilisation of the Defence Force, except that:
(a) the Defence Force must not be used to stop or restrict any protest, dissent,
assembly or industrial action except where there is a reasonable likelihood
of the death of, or serious injury to, persons or serious damage to property;
and
(b) the Reserves must not be used unless the Minister, after consulting the
Chief of the Defence Force, is satisfied that sufficient members of the
Permanent Forces are not available.
(4) In protecting a State or self-governing Territory, the Chief of the Defence Force
must, as far as is reasonably practicable, ensure that the Defence Force:
(a) cooperates with the police force of the State or Territory; and
(b) undertakes particular tasks only if requested in writing to do so by one or
more of the following:
(i) a member of the police force of the State or Territory;
(ii) an officer of a civil authority specified by the Minister.
(5) This section does not require or permit the Chief of the Defence Force to transfer
any command of the Defence Force.
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Part 13 Visiting Forces
Section 70
Part 13—Visiting Forces
70 Countries to which provisions of Part IXA of the Act apply
For subsection 116A(2) of the Act, each provision of Part IXA of the Act applies
in relation to each of the countries in the following table.
Countries to which each provision of Part XIA of the Act applies
Argentina
Bangladesh
Brazil
Brunei Darussalam
Cambodia
Canada
Chile
China
Czech Republic
Denmark
Egypt
Fiji
France
Germany
Hungary
India
Indonesia
Iraq
Ireland
Italy
Japan
Jordan
Kenya
Malaysia
Mozambique
Nepal
Netherlands
New Zealand
Norway
Pakistan
Papua New Guinea
Philippines
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Section 71
Countries to which each provision of Part XIA of the Act applies
Poland
Portugal
Qatar
Republic of Korea
Singapore
South Africa
Spain
Sri Lanka
Sweden
Thailand
Timor-Leste
Tonga
Turkey
United Arab Emirates
United Kingdom
United States of America
Uruguay
Zimbabwe
71 Form of warrant
For section 116F of the Act, the form in Schedule 2 is prescribed as the form of a
warrant.
72 Sentences imposed by service tribunals of other countries
(1) This section applies if a sentence is imposed on a member of the Defence Force
by a service tribunal of a country to which section 116B of the Act applies, while
the member is attached to the forces of that country.
(2) The sentence may, to the extent to which it has not been enforced outside
Australia, be enforced in Australia as if it had been imposed by a court martial
constituted under the Defence Force Discipline Act 1982.
(3) This section does not authorise carrying out a sentence of death or corporal
punishment.
73 Evidence of facts by certificate
(1) For the purpose of legal proceedings within Australia, the Minister may, in
writing, certify that:
(a) on a specified date, a named person was a member of the Defence Force
attached to the forces of a specified country, being a country in relation to
which section 116B of the Act applies; and
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Section 73
(b) on the specified date, a specified service tribunal of the country passed a
sentence set out in the certificate on the named person; and
(c) the sentence, or a part of it specified in the certificate, has not been
enforced.
(2) The certificate is, when produced in the proceedings, sufficient evidence of the
certified facts unless the contrary is proved.
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Prohibited words and letters Part 14
Section 74
Part 14—Prohibited words and letters
74 Prohibited words
The following are prohibited words:
(a) Active Reserve;
(b) Air Force;
(c) Air Force Reserve;
(d) Army Reserve;
(e) Australian Air Force;
(f) Australian Air Force Reserve;
(g) Australian Army;
(h) Australian Army Reserve;
(i) Australian Defence Force;
(j) Australian Defence Force Reserves;
(k) Australian Flying Corps;
(l) Australian Imperial Forces;
(m) Australian Military Forces;
(n) Australian Navy;
(o) Australian Regular Army;
(p) Defence Force;
(q) Defence Force Reserves;
(r) Defence Reserves;
(s) Her Majesty’s Australian Ship;
(t) High Readiness Reserve;
(u) HMA Ship;
(v) Naval Reserve;
(w) Permanent Air Force;
(x) Permanent Military Forces;
(y) Regular Army;
(z) Royal Australian Air Force;
(za) Royal Australian Naval Reserve;
(zb) Royal Australian Navy;
(zc) Specialist Reserve;
(zd) Standby Reserve.
75 Prohibited letters
The following are prohibited letters:
(a) ADF;
(b) AFC;
(c) AIF;
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Section 76
(d) AMF;
(e) ARA;
(f) HMAS;
(g) RAAF;
(h) RAN;
(i) RANR.
76 Use of prohibited words or letters
(1) A person commits an offence if:
(a) the person uses prohibited words or prohibited letters; and
(b) the use is in connection with:
(i) a trade, business, calling or profession; or
(ii) an organisation or body of persons; and
(c) the use is not in accordance with a consent obtained under section 77.
Penalty: 10 penalty units.
(2) Strict liability applies to paragraph (1)(c).
77 Consent to use prohibited words or letters
Application
(1) A person may apply to the Minister for consent to use prohibited words or
prohibited letters in connection with:
(a) a trade, business, calling or profession; or
(b) an organisation or body of persons.
(2) An application under subsection (1) must:
(a) be in writing; and
(b) set out the prohibited words or prohibited letters to which the application
relates; and
(c) set out the proposed use of the prohibited words or prohibited letters.
Matters to which the Minister must have regard
(3) Without limiting the matters to which the Minister may have regard when
deciding whether to approve the application, the Minister must have regard to the
following:
(a) either:
(i) the trade, business, calling or profession of the applicant; or
(ii) the purposes, constitution and structure of the applicant;
(b) if the applicant has previously been given consent to use prohibited words
or prohibited letters—the way in which the applicant used the prohibited
words or prohibited letters to which the consent related;
(c) the period for which consent is sought.
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Section 78
Minister may request further information
(4) The Minister may, by written notice, require the applicant to give the Minister
further information in connection with the application.
Consent may be subject to conditions
(5) Consent may be given subject to conditions, including but not limited to
conditions about the following matters:
(a) notifying the Minister about any change to:
(i) the purposes, constitution or structure of the applicant; or
(ii) the trade, business, calling or profession of the applicant; or
(iii) any other matter, to the extent that the change may affect the ability of
the applicant to use the prohibited words or prohibited letters in the
applicant’s trade, business, calling or profession;
(b) the period for which consent is given;
(c) the way in which the applicant may, or may not, use the prohibited words
or prohibited letters to which the consent relates;
(d) the protection and use of the prohibited words or prohibited letters to which
the consent relates.
78 Review by Administrative Appeals Tribunal
Applications may be made to the Administrative Appeals Tribunal for review of:
(a) a decision of the Minister under section 77 to refuse an application for
consent; or
(b) a decision of the Minister under section 77 relating to a condition.
79 Treatment of partnerships
(1) This Part applies to a partnership as if it were a person, but with the changes set
out in this section.
(2) An offence against this Part that would otherwise have been committed by the
partnership is taken to have been committed by each partner in the partnership, at
the time the offence was committed, who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or
omission (whether directly or indirectly and whether by any act or
omission of the partner).
80 Treatment of unincorporated associations and bodies
(1) This Part applies to an unincorporated association or body of persons as if it were
a person, but with the changes set out in this section.
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Section 80
(2) An offence against this Part that would otherwise have been committed by the
association or body is taken to have been committed by each member of the
committee of management of the association or body, at the time the offence was
committed, who:
(a) did the relevant act or made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party, to the relevant act or
omission (whether directly or indirectly and whether by any act or
omission of the member).
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War graves Part 15
Section 81
Part 15—War graves
81 War graves
Despite any law of a State or Territory, the Director of War Graves, or an officer
of the Defence Force in charge of a unit specifically raised for the purpose of the
registration of, or inquiries concerning, the graves of deceased members of the
Defence Force:
(a) may establish or cause to be established such cemeteries as are required for
the burial of bodies of persons who have died while on service as members
of the Defence Force or as a result of service as members of the Defence
Force; and
(b) may authorise and direct the exhumation and the reinterment, cremation or
other disposal of the body of:
(i) a member of the Defence Force who has died while on service; or
(ii) a person who, immediately before his or her death, was a dependant
of a member of the Defence Force on service, and whose grave is
located in the Terendak Military Cemetery in Malaysia; and
(c) may enter a cemetery and inspect, maintain or execute any work in
connection with the grave of a person who has died while on service as a
member of the Defence Force or as a result of service as a member of the
Defence Force or authorise any other person to enter a cemetery and
inspect, maintain or execute any work in connection with such a grave.
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Part 16 Delegations
Section 82
Part 16—Delegations
82 Delegation of Minister’s powers
(1) The Minister may, by instrument in writing, delegate his or her powers or
functions under Part 10 to the following:
(a) an officer of the Navy who holds a rank not below the rank of Commodore;
(b) an officer of the Army who holds a rank not below the rank of Brigadier;
(c) an officer of the Air Force who holds a rank not below the rank of Air
Commodore;
(d) an SES employee performing duty in the Department.
(1A) The Minister may, by instrument in writing, delegate his or her powers under
Part 11A to the following:
(a) an officer of the Navy who holds a rank that is not below the rank of
Lieutenant Commander;
(b) an officer of the Army who holds a rank that is not below the rank of
Major;
(c) an officer of the Air Force who holds a rank that is not below the rank of
Squadron Leader;
(d) an APS employee who holds, or performs the duties of, a position not
below APS6 position in the Department.
(2) The Minister may, by instrument in writing, delegate his or her powers or
functions under Part 14 to the following:
(a) an officer of the Navy who holds a rank not below the rank of Lieutenant
Commander;
(b) an officer of the Army who holds a rank not below the rank of Major;
(c) an officer of the Air Force who holds a rank not below the rank of
Squadron Leader;
(d) an APS employee who holds, or performs the duties of, a position not
below APS 6 in the Department.
83 Delegation of Secretary’s powers
(1) The Secretary may, by instrument in writing, delegate his or her powers under
Part 8 to the following:
(a) an officer of the Navy who holds a rank not below the rank of Commodore;
(b) an officer of the Army who holds a rank not below the rank of Brigadier;
(c) an officer of the Air Force who holds a rank not below the rank of Air
Commodore;
(d) an SES employee performing duty in the Department.
(2) The Secretary may, by instrument in writing, delegate his or her powers under
Part 11 to the following:
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Section 84
(a) an officer of the Navy who holds a rank not below the rank of Lieutenant
Commander;
(b) an officer of the Army who holds a rank not below the rank of Major;
(c) an officer of the Air Force who holds a rank not below the rank of
Squadron Leader;
(d) an APS employee who holds, or performs the duties of, a position not
below APS 6 in the Department.
84 Delegation of Chief of the Defence Force’s powers
(1) The Chief of the Defence Force may, by instrument in writing, delegate his or
her powers under Part 3, 4 or 5 to the following:
(a) an officer;
(b) a member enlisted in the Navy who holds a rank not below the rank of
Chief Petty Officer;
(c) a member enlisted in the Army who holds a rank not below the rank of
Warrant Officer Class 2;
(d) a member enlisted in the Air Force who holds a rank not below the rank of
Flight Sergeant;
(e) an APS employee who holds, or performs the duties of, a position not
below APS 4 in the Department.
(2) The Chief of the Defence Force may, by instrument in writing, delegate his or
her powers under Part 7 to the following:
(a) an officer of the Navy who holds a rank not below the rank of Commodore;
(b) an officer of the Army who holds a rank not below the rank of Brigadier;
(c) an officer of the Air Force who holds a rank not below the rank of Air
Commodore;
(d) an SES employee performing duty in the Department.
(3) The Chief of the Defence Force may, by instrument in writing, delegate his or
her powers under Part 11 to the following:
(a) an officer of the Navy who holds a rank not below the rank of Lieutenant
Commander;
(b) an officer of the Army who holds a rank not below the rank of Major;
(c) an officer of the Air Force who holds a rank not below the rank of
Squadron Leader;
(d) an APS employee who holds, or performs the duties of, a position not
below APS 6 in the Department.
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Part 17 Transitional provisions
Division 1 General
Section 85
Part 17—Transitional provisions
Division 1—General
85 Processes begun under Defence Force Regulations 1952 or Defence
(Personnel) Regulations 2002
The Defence Force Regulations 1952 and the Defence (Personnel)
Regulations 2002 continue to apply in relation to an application made, or a
process begun, under those regulations before their repeal.
86 Applications relating to prohibited words or letters
(1) An application for consent made under the Defence (Prohibited Words and
Letters) Regulations 1957 but not decided before 1 July 2016 is taken, after that
day, to be an application under section 77 of this instrument.
(2) A consent to use prohibited words or prohibited letters, given under the Defence
(Prohibited Words and Letters) Regulations 1957, that has not expired before
1 July 2016 has effect, after that day, as if it were given under section 77 of this
instrument.
87 Defence areas
(1) An authorisation under regulation 34 of the Defence Force Regulations 1952
continues in effect despite the repeal of those regulations, and may be revoked as
if those regulations had not been repealed.
(2) Part VII of the Defence Force Regulations 1952 continues to apply in relation to
a prohibited area that was, immediately before the repeal of those regulations,
declared under subregulation 35(1) of those regulations.
(3) Part XI of the Defence Force Regulations 1952 continues to apply in relation to a
defence practice area that was, immediately before the repeal of those
regulations, declared under subregulation 49(1) of those regulations.
(4) A claim for compensation relating to an authorisation mentioned in
subsection (1), or relating to an area mentioned in subsection (2) or (3), may be
dealt with under the Defence Force Regulations 1952 as if those regulations had
not been repealed, even if the authorisation or the declaration of the area has
been revoked before the claim arises.
88 Retirement age
(1) If, immediately before the repeal of the Defence (Personnel) Regulations 2002, a
member’s compulsory retirement age under those regulations (the existing
retirement age) was not:
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Section 89
(a) for a member other than a chaplain—the compulsory retirement age
specified for the member in Schedule 1 of those regulations; or
(b) for a chaplain—the compulsory retirement age specified for the chaplain in
subregulation 116(1) of those regulations;
then the member’s retirement age for the purpose of section 24 of this instrument
is the existing retirement age.
(2) A member who, immediately before the repeal of the Defence (Personnel)
Regulations 2002, was able to make an election under those regulations in
relation to the member’s compulsory retirement age may make the election as if
those regulations had not been repealed. If the member does so, the member’s
retirement age for the purpose of section 24 of this instrument is in accordance
with the election.
(3) The Chief of the Defence Force may revoke an extension of a compulsory
retirement age that was made under subregulation 11(1) or 12(1) of the Defence
(Personnel) Regulations 2002. If the extension is revoked, the retirement age of a
member whose compulsory retirement age was extended is to be determined as if
the extension had been revoked before the repeal of those regulations.
89 Medical and dental treatment
If, immediately before the repeal of the Defence Force Regulations 1952, the
Minister would have been able to require a member to pay an amount to the
Commonwealth for treatment provided to the member under regulation 58E of
those regulations, the Secretary may exercise the power in subsection 50(1) of
this instrument as if the treatment had been provided under section 49 of this
instrument.
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Part 17 Transitional provisions
Division 2 Amendments made by Defence Amendment (Defence Aviation Areas) Regulations 2018
Section 90
Division 2—Amendments made by Defence Amendment (Defence
Aviation Areas) Regulations 2018
90 Definitions
In this Division:
affected land has the same meaning as in the old regulations.
commencement day means the day on which this Division commences.
old regulations means the Defence (Areas Control) Regulations 1989 as in force
immediately before the commencement day.
91 Things done by, or in relation to, the Minister
If, before the commencement day, a thing was done by, or in relation to, the
Minister under the old regulations, then the thing is taken, on and after that day,
to have been done by, or in relation to, the Minister under this instrument.
92 Things started but not finished by the Minister
(1) This section applies if:
(a) before the commencement day, the Minister started doing a thing under the
old regulations; and
(b) immediately before that day, the Minister had not finished doing that thing.
(2) The Minister may, on and after the commencement day, finish doing the thing
under this instrument.
93 Transitional—appeals to the Administrative Appeals Tribunal made, but not
determined, before commencement
(1) This section applies if:
(a) an appeal or application (the old appeal or application) was made to the
Administrative Appeals Tribunal under the old regulations before the
commencement day; and
(b) before the commencement day, the old appeal or application had not been
determined under the old regulations.
(2) Despite the repeal of the old regulations by Schedule 2 to this instrument, the old
regulations continue to apply in relation to the old appeal or application as if the
repeal had not happened.
94 Transitional—applications under old regulations continue to have effect
(1) This section applies if:
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Section 95
(a) an application was made under regulation 8 of the old regulations for
approval to construct a building on land this is affected land (the relevant
land); and
(b) immediately before the commencement day, the application had not been
finally determined; and
(c) on or after the commencement day, the Minister declares an area to be a
defence aviation area under section 117AC of the Act; and
(d) the relevant land falls within the defence aviation area; and
(e) either:
(i) the building exceeds the height restriction applying to the building
within the defence aviation area, or part of the defence aviation area,
specified in the declaration; or
(ii) the building is likely to generate plumes or air turbulence above that
height restriction.
(2) At and after the time the declaration takes effect, the application is taken to be
(and may be dealt with as) an application made under section 68E of this
instrument to construct the building in the defence aviation area.
95 Transitional—approvals under old regulations continue in force
(1) This section applies if:
(a) immediately before the commencement day, an approval under
regulation 10 of the old regulations (including any conditions to which the
approval was subject) was in force in relation to a building on land that is
affected land (the relevant land); and
(b) on or after the commencement day, the Minister declares an area to be a
defence aviation area under section 117AC of the Act; and
(c) the relevant land falls within the defence aviation area.
(2) At and after the time the declaration takes effect, the approval (including any
conditions to which the approval was subject) has effect as if the approval had
been given under section 68F of this instrument in relation to the building.
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Schedule 1 Oath and affirmation
Clause 1
Schedule 1—Oath and affirmation Note: See subsections 12(6) and (7).
1 Form of oath
The oath is as follows:
I, (insert full name of person) swear that I will well and truly serve Her Majesty Queen
Elizabeth the Second, Her Heirs and Successors according to law, as a member of the
(insert Royal Australian Navy, Australian Army, or Royal Australian Air Force)
(insert
for the period of (number of years), and any extensions of that period,
or
until retiring age,)
and that I will resist Her enemies and faithfully discharge my duty according to law.
SO HELP ME GOD!
(person’s signature)
Taken and subscribed before me on (insert date)
(insert signature, name and title of the person before whom the oath is taken and subscribed)
2 Form of affirmation
The affirmation is as follows:
I, (insert full name of person) promise that I will well and truly serve Her Majesty Queen
Elizabeth the Second, Her Heirs and Successors according to law, as a member of the
(insert Australian Navy, Australian Army, or Australian Air Force)
(insert
for the period of (number of years), and any extensions of that period,
or
until retiring age,)
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Clause 3
and that I will resist Her enemies and faithfully discharge my duty according to law.
(person’s signature)
Made and subscribed before me on (insert date)
(insert signature, name and title of the person before whom the affirmation is made and
subscribed)
3 Persons before whom oath or affirmation may be taken or made
The oath or affirmation may be taken or made before any of the following:
(a) an officer of the Navy, Army or Air Force;
(b) an enlisted member who holds a rank not below the rank of Warrant
Officer Class 2 (or equivalent);
(e) a Justice of the Peace, a Commissioner for Affidavits or a Commissioner
for Declarations.
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Schedule 2 Form of warrant
Schedule 2—Form of warrant Note: See section 71.
Commonwealth of Australia
Defence Act 1903
TO each member or special member of the Australian Federal Police, each member of the
police force of a State or Territory and each member of the Defence Force.
WHEREAS section 116F of the Defence Act 1903 provides that where the designated
authority of a country in relation to which that section applies, by writing signed by him or
her, requests an officer authorised by the Chief of the Defence Force, by order in writing, for
the purposes of Division 3 of Part IXA of that Act for assistance in the apprehension of a
member of the forces of that country, not being an Australian citizen, who is an absentee
without leave from those forces, the authorised officer may, in his discretion, issue a warrant
in accordance with the prescribed form authorising a member or a special member of the
Australian Federal Police or a member of the police force of a State or Territory or any
member of the Defence Force to arrest that absentee:
AND WHEREAS , the Chief of the Defence Force, by order in
writing dated , authorised me for the purposes of Division 3
of Part IXA of that Act:
AND WHEREAS the designated authority of , a country to which
section 116F of the Defence Act 1903 applies, has, by writing signed by him or her, made a
request to me for assistance in the apprehension of a member of the forces of that country,
being a person described in the Schedule, who is an absentee without leave from those forces:
AND WHEREAS that person is not an Australian citizen:
NOW THEREFORE I, , an officer of the Defence Force,
by this warrant authorise you to arrest the person described in the Schedule.
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Form of warrant Schedule 2
SCHEDULE
Full name: Rank:
Number:
Unit or station:
Date of birth:
Citizenship: Gender: Race:
Height: Weight: Build:
Complexion: Colour of eyes: Colour of hair:
Other distinguishing marks or features:
Date on which and place from which absent without leave:
Date of warrant:
(Signature of authorised officer)
(Rank and appointment)
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or
will amend) the compiled law. The information includes commencement details for amending
laws and details of any application, saving or transitional provisions that are not included in
this compilation.
The amendment history in endnote 4 provides information about amendments at the provision
(generally section or equivalent) level. It also includes information about any provision of the
compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and
presentational changes to a compiled law in preparing a compilation of the law for
registration. The changes must not change the effect of the law. Editorial changes take effect
from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the
changes in general terms. Full details of any changes can be obtained from the Office of
Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the
amendment to be made. If, despite the misdescription, the amendment can be given effect as
intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”
added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not
incorp)” is added to the details of the amendment included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Name Registration Commencement Application, saving and
transitional provisions
Defence Regulation 2016 30 Sept 2016 (F2016L01568) 1 Oct 2016 (s 2(1) item 1)
Defence Amendment 19 Mar 2018 (F2018L00315) Sch 1: 26 Mar 2018 (s 2(1) —
(Defence Aviation Areas) item 1)
Regulations 2018
Defence Amendment (Oaths 3 Sept 2018 (F2018L01252) 4 Sept 2018 (s 2(1) item 1) —
and Affirmations)
Regulations 2018
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Part 1
s 2 .................................................. rep LA s 48D
s 4 .................................................. rep LA s 48C
s 6 .................................................. am F2018L00315
Part 11
Division 1
s 57 ................................................ am F2018L00315
Part 11A
Part 11A ........................................ ad F2018L00315
Division 1
s 68A ............................................. ad F2018L00315
s 68B ............................................. ad F2018L00315
Division 2
Subdivision A
s 68C ............................................. ad F2018L00315
s 68D ............................................. ad F2018L00315
s 68E.............................................. ad F2018L00315
s 68F.............................................. ad F2018L00315
s 68G ............................................. ad F2018L00315
Subdivision B
s 68H ............................................. ad F2018L00315
s 68J............................................... ad F2018L00315
s 68K ............................................. ad F2018L00315
s 68L.............................................. ad F2018L00315
Subdivision C
s 68M............................................. ad F2018L00315
s 68N ............................................. ad F2018L00315
Division 3
s 68P.............................................. ad F2018L00315
s 69Q ............................................. ad F2018L00315
Division 4
s 68R ............................................. ad F2018L00315
s 68S.............................................. ad F2018L00315
Division 5
s 68T.............................................. ad F2018L00315
Part 16
s 82 ................................................ am F2018L00315
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 17
Division 1
Division 1 heading......................... ad F2018L00315
Division 2
Division 2 ...................................... ad F2018L00315
s 90 ................................................ ad F2018L00315
s 91 ................................................ ad F2018L00315
s 92 ................................................ ad F2018L00315
s 93 ................................................ ad F2018L00315
s 94 ................................................ ad F2018L00315
s 95 ................................................ ad F2018L00315
Schedule 1
c 3.................................................. am F2018L01252
Schedule 3 ..................................... rep LA s 48C
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