Commonwealth Consolidated Acts

DEFENCE ACT 1903

TABLE OF PROVISIONS

           Long Title

   PART I--INTRODUCTORY

   1.      Short title [see Note 1]  
   3.      Commencement of Act [see Note 1]  
   4.      Interpretation [see Note 2]  
   5.      Application of Act  
   5A.     Extension of Act to Territories  
   6.      Application of the Criminal Code  
   7.      Act does not appropriate money  

   PART II--ADMINISTRATION

   8.      Powers of Minister in relation to Defence Force  
   9.      Command of Defence Force and arms of Defence Force  
   9A.     Administration of Defence Force  
   9AA.    Vice Chief of the Defence Force  
   9B.     Remuneration and allowances  
   9BA.    Tenure of office  
   9C.     Acting appointments  
   28.     Council of Defence  

   PART III--THE DEFENCE FORCE

           Division 1--Constitution of the Defence Force

   30.     Defence Force  
   31.     Australian Army  
   32.     Regular Army  
   32A.    Army Reserve  
   32B.    Attachment etc. of members of an arm of the Defence Force to another arm  

           Division 2--The raising of the Army

   34.     Voluntary entry  

           Division 3--The service of the Army

   45.     Service of the Regular Army  
   50.     Service of the Army Reserve  
   50C.    Territorial limits of service of Army  

           Division 4--The calling out of the Forces

   50D.    Calling out the Reserves  
   50E.    Period of service during call out  

   PART IIIAAA--UTILISATION OF DEFENCE FORCE TO PROTECT COMMONWEALTH INTERESTS AND STATES AND SELF-GOVERNING TERRITORIES

           Division 1--Calling out and directing utilisation of Defence Force

   51.     Interpretation  
   51A.    Order about utilising Defence Force to protect Commonwealth interests against domestic violence  
   51AA.   Order about utilising Defence Force in the offshore area etc. to protect Commonwealth interests  
   51AB.   Order about utilising Defence Force to protect Commonwealth interests against violence if specified circumstances arise  
   51B.    Order about utilising Defence Force to protect State against domestic violence  
   51C.    Order about utilising Defence Force to protect self-governing Territory against domestic violence  
   51CA.   Expedited call out  
   51CB.   Declaration of designated critical infrastructure  
   51D.    Chief of Defence Force to utilise Defence Force as directed  
   51E.    Ministerial directions  
   51F.    Assistance to, and cooperation with, State etc.  
   51G.    Restriction on certain utilisation of Defence Force  

           Division 2--Powers to recapture locations or things, prevent or end acts of violence and protect persons from acts of violence

   51H.    Application of this Division and Division 4  
   51I.    Special powers of members of the Defence Force  

           Division 2A--Powers to protect designated critical infrastructure

   51IA.   Application of this Division and Division 4  
   51IB.   Powers to protect designated critical infrastructure  

           Division 3--General security area powers

              Subdivision A--Application of this Division and Division 4

   51J.    Application of this Division and Division 4  

              Subdivision B--Powers that may be exercised anywhere in a general security area

   51K.    Declaration of general security area  
   51L.    Authorisation to search premises in the general security area for dangerous things  
   51M.    Copy of search authorisation to be given to occupier etc.  
   51N.    Occupier etc. entitled to be present during search  
   51O.    Search of means of transport in the general security area for dangerous things  
   51P.    Search of persons in the general security area for dangerous things  

              Subdivision C--Powers that may be exercised only in relation to a designated area in the general security area

   51Q.    Declaration of designated area  
   51R.    Control of movement in relation to a designated area in the general security area  
   51S.    Members to wear uniforms and identification when exercising powers  

           Division 3A--Powers in the Australian offshore area etc

              Subdivision A--Preliminary

   51SA.   Application of this Division and Division 4  
   51SB.   Geographic application  
   51SC.   International obligations  
   51SD.   Definitions  

              Subdivision B--Special powers of members of the Defence Force

   51SE.   Special powers of members of the Defence Force  

              Subdivision C--Powers that may be exercised anywhere in an offshore area

   51SF.   Declaration of offshore general security area  
   51SG.   Authorisation to search facilities in the offshore general security area for dangerous and other things  
   51SH.   Copy of offshore search authorisation to be given to occupier etc.  
   51SI.   Occupier etc. entitled to be present during search  
   51SJ.   Search of vessel or aircraft in the offshore general security area for dangerous or other things  
   51SK.   Search of persons in the offshore general security area for dangerous and other things  

              Subdivision D--Powers that may be exercised only in relation to an offshore designated area in the offshore general security area

   51SL.   Declaration of offshore designated area  
   51SM.   Control of movement in relation to an offshore designated area in the offshore general security area  
   51SN.   Members to wear uniforms and identification when exercising powers  

              Subdivision E--Other powers

   51SO.   Power to require person to answer questions or produce documents  
   51SP.   Power to require person to operate facility, vessel or aircraft or machinery or equipment  
   51SQ.   Geographical jurisdiction for offences  

           Division 3B--Powers relating to aircraft

   51SR.   Application of this Division and Division 4  
   51SS.   Geographical application  
   51ST.   Special powers of members of the Defence Force  

           Division 4--Provisions common to Divisions 2 to 3B

              Subdivision A--Use of reasonable and necessary force

   51T.    Use of reasonable and necessary force  
   51U.    Persons to be informed of offence if detained  

              Subdivision B--Action to be taken if things are seized

   51V.    Action to be taken if things are seized  

              Subdivision C--Members not entitled to exercise powers if obligations not complied with

   51W.    Members not entitled to exercise powers if obligations not complied with  

           Division 4A--Applicable criminal law

   51WA.   Applicable criminal law  
   51WB.   Defence of superior orders in certain circumstances  

           Division 5--Miscellaneous

   51X.    Publication of order and report  
   51XA.   Review of operation of Part  
   51XB.   Instruments that are not legislative instruments  
   51Y.    Part additional to other Defence Force utilisation and powers  

   PART IIIAA--SUPERANNUATION BENEFIT

   52.     Determination of benefit  
   53.     Trustee of scheme providing superannuation benefit  

   PART IIIA--REMUNERATION, ALLOWANCES AND OTHER BENEFITS

           Division 1--Determinations by the Minister

   58A.    Interpretation  
   58B.    Minister may make determinations  
   58C.    Tabling, disallowance etc. of determinations  
   58E.    Delegation  

           Division 2--The Defence Force Remuneration Tribunal

   58F.    Interpretation  
   58G.    Establishment of Defence Force Remuneration Tribunal  
   58H.    Functions and powers of Tribunal  
   58HA.   Hearings in relation to discriminatory determinations  
   58HB.   Review of discriminatory determinations  
   58J.    Reports by Tribunal  
   58K.    Procedure of Tribunal  
   58KA.   Single member may conduct Tribunal's business  
   58KB.   Procedure where single member is conducting Tribunal's business  
   58KC.   Review of action etc. of single member  
   58KD.   Determinations giving effect to agreement between the parties  
   58L.    Terms and tenure of office  
   58M.    Resignation  
   58N.    Termination of appointment  
   58P.    Acting appointments  
   58Q.    Fees and allowances  

           Division 3--The Defence Force Advocate

   58R.    Interpretation  
   58S.    Defence Force Advocate  
   58T.    Functions of Advocate  
   58U.    Tenure and terms of office  
   58V.    Resignation  
   58W.    Termination of appointment  
   58X.    Acting Defence Force Advocate  
   58Y.    Fees and allowances  

   PART IV--LIABILITY TO SERVE IN THE DEFENCE FORCE IN TIME OF WAR

           Division 1--Liability to serve

   59.     Persons liable to serve in Defence Force in time of war  
   60.     Proclamation calling upon persons to serve in time of war  
   61.     Registration and allotment for service  
   61A.    Persons exempt from service  
   61B.    Entry into Defence Force for service  
   61C.    Part not to apply to certain persons  

           Division 2--Determination of conscientious belief

   61CA.   Application for determination of conscientious belief  
   61CB.   Secretary must refer application  
   61CC.   Function of Conscientious Objection Tribunals  
   61CD.   Parties to the hearing of an application  
   61CE.   Notice of determination to be given to parties  

           Division 3--Establishment and membership of Conscientious Objection Tribunals

   61CF.   Establishment of Conscientious Objection Tribunals  
   61CG.   Period of appointment of members  
   61CH.   Remuneration and allowances of members  
   61CJ.   Other terms and conditions  
   61CK.   Leave of absence  
   61CL.   Resignation  
   61CM.   Removal from office  
   61CN.   Member of a Tribunal unavailable to complete proceeding  
   61CO.   Acting appointments  

           Division 4--Procedures of Conscientious Objection Tribunals

   61CP.   Tribunals' way of operating  
   61CQ.   Powers of Tribunals  
   61CR.   Procedure of Tribunals  
   61CS.   Majority decision  
   61CT.   Procedure where opinion of members equally divided  
   61CU.   Hearings  
   61CV.   Onus of proof  
   61CW.   Protection of members and persons giving evidence etc.  
   61CX.   Fees for persons giving evidence  
   61CY.   Failure of witness to attend  
   61CZ.   Refusal to be sworn or to answer questions etc.  
   61CZA.  Contempt of Tribunal  

           Division 5--Reviews and appeals

   61CZB.  Review of determinations of Conscientious Objection Tribunals  
   61CZC.  AAT Act to apply subject to modification  
   61CZD.  Appeals from AAT  
   61CZE.  Operation etc. of decision subject to appeal  

   PART V--CADETS

   62.     Australian Army Cadets  

   PART VI--SPECIAL POWERS IN RELATION TO DEFENCE

   63.     General powers for defence purposes [see Note 3]  
   64.     Control of railways in time of war  
   65.     Railways to carry troops etc. when required  
   66.     Conveyance by railway and tramway  
   67.     Registration and impressment of vehicles etc.  
   68.     Billeting and quartering  
   70.     Tolls  

   PART VII--OFFENCES

   73A.    Unlawfully giving or obtaining information as to defences  
   73F.    Penalty  
   79.     Unlawfully disposing of arms etc.  
   80A.    Falsely representing to be returned soldier, sailor or airman  
   80B.    Improper use of service decorations  
   82.     Sketching etc. of fortifications prohibited  
   83.     Unauthorised use, possession or supply of emblems or flags  
   84.     Penalty for bringing contempt on uniform  

   PART VIII--OFFENCES IN RELATION TO SERVICE TRIBUNALS

   86.     Failure of witness to appear  
   88.     False or misleading evidence  
   89.     Contempt of service tribunals etc.  
   90.     Failure to comply with order under section 140 of the Defence Force Discipline Act 1982  

   PART VIIIA--TESTING FOR PROHIBITED SUBSTANCES

           Division 1--Preliminary

   91.     Application of Part  
   92.     Object of Part  
   93.     Definitions  
   93A.    Authorised person  
   93B.    Determinations about prohibited substances and prohibited substance tests  

           Division 2--Testing for prohibited substances

   94.     Requirement to undergo a prohibited substance test  
   95.     Conduct of testing  
   96.     Notice to person required to provide a sample  

           Division 3--Return of a positive test result

   98.     Application  
   100.    Notice to be given of a positive test result  
   101.    Termination or discharge  
   102.    Form and date of effect of termination or discharge  
   103.    Reduction in rank  
   104.    Warning if a prohibited substance test returns a positive result  

           Division 4--Miscellaneous

   106.    Failure to provide sample  
   107.    Unauthorised acts in relation to sample  
   108.    Finding made as a result of testing not admissible in certain criminal proceedings  
   109.    Defence Instructions  
   110.    Other administrative action not precluded  

   PART VIIIB--INSPECTOR-GENERAL OF THE AUSTRALIAN DEFENCE FORCE

           Division 1--Establishment and functions of the Inspector-General of the Australian Defence Force

   110A.   Object of Part  
   110B.   Inspector-General of the Australian Defence Force  
   110C.   Functions of the Inspector-General ADF  
   110D.   When the Inspector-General ADF can conduct inquiries or investigations  

           Division 2--Administrative provisions about the Inspector-General of the Australian Defence Force

   110E.   Appointment  
   110F.   Qualifications for appointment  
   110G.   Tenure  
   110H.   Resignation  
   110I.   Remuneration  
   110J.   Leave of absence  
   110K.   Engaging in other paid work  
   110L.   Termination of appointment  
   110M.   Disclosure of interests  
   110N.   Acting appointments  
   110O.   Staff  
   110P.   Inquiry officers, inquiry assistants and Assistants IGADF  

           Division 3--Other matters

   110Q.   Protection from civil actions  
   110R.   Reports  
   110S.   Delegation  

   PART IX--LEGAL PROCEDURE

   111.    Subscription, arms etc. vested in commanding officer  
   111A.   Property of Rifle Club vested in Captain  

   PART IXA--PROVISIONS RELATING TO THE FORCES OF OTHER COUNTRIES

           Division 1--Interpretation

   116A.   Interpretation  

           Division 2--Attachment of personnel and mutual powers of command

   116B.   Attachment to the Defence Force of members of the forces of another country and vice versa  
   116C.   Forces serving together  
   116D.   Corresponding ranks  

           Division 3--Absentees without leave

   116E.   Interpretation  
   116F.   Apprehension of absentees without leave  
   116G.   Detention of illegal absentee  
   116H.   Disposal of person in custody  
   116J.   Evidence for the purposes of this Division  
   116K.   Proof of facts by certificate  

           Division 4--Miscellaneous

   116M.   Delegation  

   PART IXB--PUBLIC AREAS OF DEFENCE LAND

   116P.   Interpretation  
   116Q.   Public areas of defence land  
   116R.   Delegation  
   116S.   Appointment of rangers  
   116T.   Rangers ex officio  
   116U.   Identity cards  
   116V.   Powers of arrest  
   116W.   General powers of rangers  
   116X.   Seizure and forfeiture  
   116Y.   Assaulting etc. rangers  
   116ZA.  Officers and employees of governments and authorities  
   116ZB.  Prosecution of offences  
   116ZC.  Concurrent operation of State and Territory laws  
   116ZD.  By-laws  

   PART IXC--SALVAGE CLAIMS

   117.    Interpretation  
   117A.   Salvage claims by crew of Naval ships  
   117AA.  Apportionment of salvage between the Commonwealth and crew members  
   117AB.  Apportionment of salvage amongst crew members  

   PART X--MISCELLANEOUS

   117B.   Members and former members may bring actions for money due in respect of service  
   118.    Penalty against raising forces without authority  
   118A.   Employer not to prevent employee from serving  
   118B.   Enlistment of apprentices in time of war  
   119.    Forfeiture or suspension of salary in certain circumstances  
   120.    Notice etc. need not be in writing unless required herein  
   120A.   Delegation  
   120B.   Attachment of salaries of members  
   121.    Proof of order  
   122.    Appointments etc. not invalid because of defect etc. in connection with appointment  
   122AA.  Taxation consequences of disposals of assets to defence companies  
   122A.   Immunity of Australian Defence Industries Pty Ltd from certain State and Territory laws  
   122B.   Exercise of rights and discharge of duties and obligations by legal officers  
   123.    Immunity from certain State and Territory laws  
   123A.   Intoxicating liquor  
   123AA.  Intoxicating liquor not to be supplied to cadets  
   123B.   Religion  
   123F.   Certain persons not permitted to serve in Defence Force  
   123G.   Orders in relation to rifle ranges  
   123H.   Tactical payment scheme for activities of the Defence Force outside Australia  
   123J.   Delegations in relation to the tactical payment scheme  

   PART XI--REGULATIONS

   124.    Regulations [see Note 3]