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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
THE HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Defence
Legislation Amendment Bill (No. 1) 1996
No.
, 1996
(Defence)
A
Bill for an Act to amend various Acts relating to defence, and for related
purposes
Contents
Defence Force Discipline Act
1982 6dla10h1.html
Defence Force (Home Loans Assistance) Act
1990 6dla10h1.html
A Bill for an Act to
amend various Acts relating to defence, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Defence Legislation Amendment Act (No. 1)
1996.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Items 1 to 3 of Schedule 1 to this Act are taken to have commenced on
28 May 1992.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Defence
Force Discipline Act 1982
1 Subsection 3(1) (paragraph (b) of the
definition of Territory offence)
Omit “Crimes Act, 1900 of the State of New South Wales, in its
application to the Jervis Bay Territory”, substitute “Crimes Act
1900 of the Australian Capital Territory, in its application to the Jervis Bay
Territory”.
2 Subparagraph 63(1)(a)(ia)
Omit “Crimes Act 1900 of the State of New South Wales, in its
application to the Jervis Bay Territory”, substitute “Crimes Act
1900 of the Australian Capital Territory, in its application to the Jervis Bay
Territory”.
3 Subparagraph 104(a)(ii)
Omit “Crimes Act 1900 of the State of New South Wales, in its
application to the Jervis Bay Territory”, substitute “Crimes Act
1900 of the Australian Capital Territory, in its application to the Jervis Bay
Territory”.
4 Certain actions under the Discipline Act etc.
not unlawful
(1) To avoid any doubt about the lawfulness of certain things done on or
after 28 May 1992, it is declared that:
(a) a conviction, order, punishment or document made, granted, issued or
imposed under the Discipline Act on or after
28 May 1992 but before the
commencement of this item; or
(b) anything else done under that Act or under or because of any such
conviction, order, punishment or document on or after 28 May 1992;
is not to be taken to be unlawful merely because of a reference in that Act
or any document to, or because of any act done by reference to, the
“Crimes Act 1900 of the State of New South Wales” or the
“Crimes Act, 1900 of the State of New South Wales”.
(2) Expressions used in this item have the same meanings as in the
Discipline Act.
(3) In this item:
Discipline Act means the Defence Force Discipline Act
1982.
Defence
Force (Home Loans Assistance) Act 1990
5 Section 3 (paragraph (a) of the definition of
basic service period)
Omit “6 years of effective full-time service”,
substitute:
either:
(i) 5 years of effective full-time service; or
(ii) 5 years of composite service.
6 Section 3 (paragraph (b) of the definition of
basic service period)
Repeal the paragraph, substitute:
(b) in relation to a person covered by subparagraphs (b)(i), (ii) and
(iii) of that definition—either:
(i) 5 years of effective full-time service less the number of years of
effective full-time service completed before the person’s discharge;
or
(ii) 5 years of composite service less the number of years of composite
service completed before the person’s discharge; and
7 Section 3 (paragraph (c) of the definition of
basic service period)
After “the number of years of effective full-time service”,
insert “or composite service”.
8 Section 3 (paragraph (c) of the definition of
basic service period, table, column 1)
After “service”, insert “or composite
service”.
9 Section 3 (paragraph (c) of the definition of
basic service period, table, column 1)
Omit “10 or fewer”.
10 Section 3 (paragraph (c) of the definition of
basic service period, table, column 1)
Omit “11”, substitute “11 or fewer”.
11 Section 3 (paragraph (c) of the definition of
basic service period, table, column 2)
After “service”, insert “or composite
service”.
12 Section 3 (paragraph (c) of the definition of
basic service period, table, column 2)
Omit “6”.
13 Section 3 (subparagraph (b)(ii) of the
definition of eligible person)
Omit “6”, substitute “5”.
14 Section 3 (at the end of the definition of
eligible person)
Add:
or (h) a person:
(i) who is a member of the Reserve Forces or the Emergency Forces;
and
(ii) who completes the training period applicable to the person;
and
(iii) to whom the DSH Act does not apply.
15 Section 3 (paragraph (c) of the definition of
incapacitated person)
Omit “6”, substitute “5”.
16 Section 3 (paragraph (c) of the definition of
incapacitated person)
After “full-time service”, insert “or composite
service”.
17 Section 3 (paragraph (d) of the definition of
incapacitated person)
After “full-time service”, insert “or composite
service”.
18 Section 3
Insert:
composite service, in relation to a person who has completed
a period of effective full-time service and a period of statutory training
obligation without a break between the periods, means a period of service that
is worked out as follows:
where:
statutory training obligation years means the years of
statutory training obligation completed by a person.
statutory training factor is 0.625.
effective full-time service years means the years of
effective
full-time service completed by a person.
Example 1: If a person completes 7 years of statutory
training obligation and
1 year of effective full-time
service—the person’s years of composite service
are:
Example 2: If a person completes 4 years of statutory
training obligation and
1 year of effective full-time
service—the person’s years of composite service
are:
Example 3: If a person completes 10 years of statutory
training obligation and
2 years of effective full-time
service—the person’s years of composite service
are:
19 Section 3
Insert:
statutory training obligation means a period of training in a
12 month period that has been rendered by a person because the person is
bound to render that training under the Defence Act 1903, the Naval
Defence Act 1910 or the Air Force Act 1923 or in accordance with
regulations made under the Defence Act 1903, the Naval Defence Act
1910 or the Air Force Act 1923.
20 Section 3
Insert:
The Emergency Forces has the same meaning as in the
Defence Act 1903.
21 Section 3
Insert:
The Reserve Forces has the same meaning as in the Defence
Act 1903.
22 Section 3
Insert:
training period, in relation to a person covered by paragraph
(h) of the definition of eligible person, means:
(a) 5 years of effective full-time service; or
(b) a continuous period of 8 years of statutory training obligation;
or
(c) 5 years of composite service.
23 Paragraph 12(1)(c)
Omit “or a rejoining member”, substitute “, a rejoining
member or a person covered by paragraph (h) of the definition of eligible
person”.
24 Paragraph 14(1)(a)
Omit “$40,000”, substitute “$80,000”.
25 Paragraph 21(1)(b)
Omit “$40,000”, substitute “$80,000”.
26 Paragraph 21(2)(a)
Omit “$40,000”, substitute “$80,000”.
27 Paragraph 21(2)(e)
Omit “$40,000”, substitute “$80,000”.
28 Subsection 22(2)
Omit “$40,000”, substitute “$80,000”.
29 Subsection 23(3) (subparagraph (a)(i) of the
definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
30 Subsection 23(3) (subparagraph (b)(i) of the
definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
31 Subsection 23(3) (subparagraph (b)(ii) of the
definition of entitlement period)
Omit “effective full-time service” (wherever occurring),
substitute “subsidy service”.
32 Subsection 23(3) (subparagraph (b)(iii) of
the definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
33 Subsection 23(3) (subparagraph (ba)(i) of the
definition of entitlement period)
Omit “effective full-time service” (wherever occurring),
substitute “subsidy service”.
34 Subsection 23(3) (subparagraph (ba)(ii) of
the definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
35 Subsection 23(3) (sub-subparagraph (bb)(i)(A)
of the definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
36 Subsection 23(3) (subparagraph (c)(i) of the
definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
37 Subsection 23(3) (subparagraph (d)(i) of the
definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
38 Subsection 23(3) (subparagraph (e)(i) of the
definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
39 Subsection 23(3) (subparagraph (f)(i) of the
definition of entitlement period)
Omit “effective full-time service”, substitute “subsidy
service”.
40 Subsection 23(3)
Insert:
subsidy service means :
(a) effective full-time service; or
(b) statutory training obligation; or
(c) statutory training obligation added to effective full-time
service.
41 Subsection 24(4) (paragraph (a) of the
definition of prescribed member)
After “service”, insert “or composite
service”.
42 Paragraph 26(1)(a)
Omit “$40,000”, substitute “$80,000”.
43 Paragraph 26(1)(a)
Omit “references to $80,000”, substitute “references to
$160,000”.
44 Application
(1) The amendments made by items 5 to 13, 15, 16, 17 and 41 do not apply to
a person who is a subsidised borrower on the day this item commences.
(2) The amendments made by items 29 to 40 only apply in relation to the
statutory training obligation of a person, who is a subsidised borrower on the
day this item commences, that is commenced after that day.