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DEFENCE ACT 1903

Table of Provisions

PART I--INTRODUCTORY

  • 1 Short title  
  • 3 Commencement of Act  
  • 4 Interpretation  
  • 5 Application of Act  
  • 5A Extension of Act to Territories  
  • 6 Application of the Criminal Code  
  • 7 Act does not appropriate money  

PART II--CONTROL--AND ADMINISTRATION

  • 8 The Minister  
  • 9 Command of the Defence Force  
  • 10 Administration of the Defence Force  
  • 11 Defence Instructions  
  • 12 Appointments  
  • 13 Acting appointments  
  • 14 Resignation  
  • 15 Termination of appointment  
  • 16 Remuneration and allowances  

PART III--THE--AUSTRALIAN DEFENCE FORCE

Division 1--Constitution of the Australian Defence Force

  • 17 The Australian Defence Force  
  • 18 Royal Australian Navy  
  • 19 Australian Army  
  • 20 Royal Australian Air Force  
  • 21 Ranks and corresponding ranks  

Division 2--Service in the Defence Force

  • 22 Voluntary entry  
  • 23 Service in the Permanent Forces  
  • 24 Service in the Reserves  
  • 25 Training for Reserves  
  • 26 Volunteer service by Reserves  
  • 27 Service is not a civil contract  

Division 3--Calling out the Reserves

  • 28 Governor - General may call out Reserves  
  • 29 Period of service while covered by call out order  

PART IIIAAA--CALLING--OUT THE DEFENCE FORCE TO PROTECT COMMONWEALTH INTERESTS, STATES AND SELF-GOVERNING TERRITORIES

Division 1--Introduction

Division 2--Calling out the Defence Force

Subdivision A--Simplified outline of this Division
  • 32 Simplified outline of this Division  
    • Subdivision B--Making call out orders
  • 33 Calling out the Defence Force to protect Commonwealth interests  
  • 34 Contingent call out of the Defence Force to protect Commonwealth interests  
  • 35 Calling out the Defence Force to protect States and Territories  
  • 36 Contingent call out of the Defence Force to protect States and Territories  
    • Subdivision C--Common provisions for making, varying and revoking call out orders
  • 37 Making, varying and revoking call out orders  
  • 38 Commonwealth interests orders or variations that were not requested by a State or Territory  
    • Subdivision D--Effect of making call out order
  • 39 Chief of Defence Force to utilise Defence Force as directed  
  • 40 Assisting and cooperating with police forces of affected States and Territories  

Division 3--Special powers generally authorised by Minister

Subdivision A--Introduction
  • 41 Simplified outline of this Division  
  • 42 Application of this Division  
  • 43 Powers that may be exercised under this Division and Division 4  
  • 44 Location of exercise of powers  
  • 45 International obligations  
    • Subdivision B--Special powers generally authorised by Minister
  • 46 Special powers generally authorised by Minister  

Division 4--Powers exercised in specified areas

Subdivision A--Introduction

Division 5--Powers to protect declared infrastructure

Subdivision A--Introduction

Division 6--Provisions common to Divisions 3 to 5

  • 51M Simplified outline of this Division  
  • 51N Use of reasonable and necessary force  
  • 51P Persons to be informed of certain matters if detained  
  • 51Q Action to be taken if things are seized  
  • 51R Offence for failing to comply with a direction  
  • 51S Exercise of powers when certain obligations not complied with  

Division 7--Expedited orders and declarations

Division 8--Miscellaneous

Subdivision A--Simplified outline of this Division
  • 51X Simplified outline of this Division  
    • Subdivision B--Applicable criminal law
  • 51Y Applicable criminal law  
  • 51Z Defence of superior orders in certain circumstances  
    • Subdivision C--Other provisions
  • 51ZA Publication of order and report  
  • 51ZB Independent review of this Part  
  • 51ZC Instruments that are not legislative instruments  
  • 51ZD Effect on other Defence Force utilisation and powers  

PART IIIAA--SUPERANNUATION

  • 52 Determination of benefit  
  • 52A Department's employer superannuation contributions  
  • 52B Providing information to CSC in relation to invalidity  
  • 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  
  • 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--AUSTRALIAN--DEFENCE FORCE CADETS

  • 62 Australian Defence Force Cadets  
  • 62A Direction and administration of the Cadets  
  • 62B Chief of the Defence Force may make determinations  
  • 62C Relationship to the Defence Force  
  • 62D Acceptance is not a civil contract  
  • 62E Annual report  

PART VI--SPECIAL--POWERS IN RELATION TO DEFENCE

  • 63 General powers for defence purposes  
  • 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 VIA--SECURITY--OF DEFENCE PREMISES

Division 1--Preliminary

Division 2--Defence security officials

  • 71B Contracted defence security guards  
  • 71C Security authorised members of the Defence Force  
  • 71D Defence security screening employees  
  • 71E Identity cards  
  • 71F Delegations relating to training and qualification requirements  
  • 71G Delegations relating to identity cards  

Division 3--Powers exercisable with consent at defence access control points and on defence premises

Subdivision A--General provisions
  • 71H Consensual identification and limited search--person about to pass a defence access control point  
  • 71J Consensual search--vehicle, vessel or aircraft about to pass a defence access control point  
  • 71K Consensual identification--person on defence premises  
    • Subdivision B--Special provisions for declared explosive ordnance depots
  • 71L Declared explosive ordnance depots  
  • 71M Consensual search--person on a declared explosive ordnance depot  
  • 71N Consensual search--vehicle, vessel or aircraft on a declared explosive ordnance depot  
  • 71P Powers additional to other powers  
    • Subdivision C--Offences
  • 71Q Offences--search powers exercised without consent  

Division 4--Powers exercisable without consent at defence access control points and on defence premises

  • 71R Non - consensual identification and search--person about to pass a defence access control point  
  • 71S Non - consensual search--vehicle, vessel or aircraft about to pass a defence access control point  
  • 71T Non - consensual identification and search--person on defence premises  
  • 71U Non - consensual search--vehicle, vessel or aircraft on defence premises  
  • 71V Offence--refusing to provide evidence etc. required under this Division  
  • 71W Offence--hindering or obstructing a search under this Division  
  • 71X Security authorised members of the Defence Force may respond to attack  
  • 71Y Power to stop and detain  
  • 71Z Powers are in addition to powers under this Part  

Division 5--Seizure

Division 6--Matters relating to exercise of powers under Part

  • 72A Certain powers to be exercised only by security authorised members of the Defence Force unless not reasonably practicable  
  • 72B Defence security officials must produce identity cards, etc.  
  • 72C Persons to be informed of offence  
  • 72D Conduct of searches and limited searches  
  • 72E Use of equipment to examine things etc.  
  • 72F Power to move certain unattended things on defence premises  
  • 72G Use of reasonable and necessary force, etc. by defence security officials  
  • 72H Use of force involving death or grievous bodily harm by security authorised members of the Defence Force in responding to an attack  
  • 72J Limit on power to restrain and detain  
  • 72K Limit on power to arrest  
  • 72L Powers not to be used to stop protests etc.  
  • 72M Security authorised members of the Defence Force may use dogs  
  • 72N Persons assisting defence security officials  

Division 7--Other matters

  • 72P Unauthorised entry etc. on defence premises or defence accommodation  
  • 72Q Certain information may be collected and provided to law enforcement agencies etc.  
  • 72R Compensation for acquisition of property  
  • 72S Other powers not affected  

PART VIB--THE--WOOMERA PROHIBITED AREA

  • 72T Definitions  
  • 72TA The Woomera Prohibited Area  
  • 72TB Application of this Part and Part VII of the Defence Force Regulations 1952  
  • 72TC Offence--being in the Woomera Prohibited Area without permission  
  • 72TD Standing permission  
  • 72TE Permits  
  • 72TF Minister's permission  
  • 72TG Offence--failing to comply with conditions  
  • 72TH Minister may suspend permission  
  • 72TJ Minister may give directions  
  • 72TK Compensation for acquisition of property  
  • 72TL Compensation for loss or damage  
  • 72TM Review of decisions  
  • 72TN Delegation  
  • 72TO Infringement notices  
  • 72TP The Woomera Prohibited Area Rules  

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

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  

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  
  • 110DA Conduct of inquiry or investigation  
  • 110DB Inspector - General ADF may end an inquiry or investigation  

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 Annual report by Inspector - General ADF  
  • 110S Delegation  

PART VIIIC--DEFENCE--HONOURS AND AWARDS APPEALS TRIBUNAL

Division 1--Preliminary

Division 2--Establishment and functions of Defence Honours and Awards Appeals Tribunal

  • 110U Establishment of Tribunal  
  • 110UA Functions of Tribunal  
  • 110UB Tribunal and Tribunal members not subject to direction  

Division 3--Review of decisions by the Tribunal

  • 110V What decisions are reviewable?  
  • 110VA Who can apply for review?  
  • 110VB Review of decisions by the Tribunal  
  • 110VC Power to dismiss review applications  

Division 4--Inquiries by the Tribunal

  • 110W Minister may direct Tribunal to hold inquiry  

Division 5--General provisions relating to operation of the Tribunal

  • 110X Role of the Chair  
  • 110XA Constitution of Tribunal for Tribunal proceedings  
  • 110XB What happens if a Tribunal member stops being available  
  • 110XC Summoning persons to give evidence or produce documents  
  • 110XD Protection of confidential or sensitive evidence or submissions etc.  
  • 110XE Formal requirements relating to decisions etc. of the Tribunal  
  • 110XF Protection of Tribunal members and other persons  
  • 110XG Disclosure of interests by Tribunal members  
  • 110XH Procedural rules  

Division 6--Tribunal members

  • 110Y Constitution of Tribunal  
  • 110YA Appointment of Tribunal members  
  • 110YB Period of appointment  
  • 110YC Acting appointments  
  • 110YD Other employment  
  • 110YE Remuneration  
  • 110YF Leave  
  • 110YG Resignation  
  • 110YH Termination  
  • 110YI Other terms and conditions  

Division 7--Miscellaneous

  • 110Z Regulations  

PART VIIID--DIRECTOR--OF DEFENCE COUNSEL SERVICES

  • 110ZA Director of Defence Counsel Services  
  • 110ZB Functions and powers of the Director of Defence Counsel Services  
  • 110ZC Delegation  
  • 110ZD Protection from action  

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

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 IXD--DEFENCE--AVIATION AREAS

  • 117AC Defence aviation areas  
  • 117AD Regulations in relation to defence aviation areas  
  • 117AE Monitoring powers  
  • 117AF Modifications of Part 2 of the Regulatory Powers Act  
  • 117AG Appointment of inspectors for defence aviation areas  
  • 117AH Delegation of powers of Secretary or Chief of Defence Force  

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  
  • 121A Validation of declaration and past acts in relation to the Woomera Prohibited Area  
  • 122 Appointments etc. not invalid because of defect etc. in connection with appointment  
  • 122AA Taxation consequences of disposals of assets to defence companies  
  • 122B Exercise of rights and discharge of duties and obligations by legal officers  
  • 123 Immunity from certain State and Territory laws  
  • 123AA Immunity in relation to certain assistance  
  • 123A Intoxicating liquor  
  • 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

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