DEFENCE ACT 1903 - SECT 116B Attachment to the Defence Force of members of the forces of another country and vice versa

DEFENCE ACT 1903 - SECT 116B

  (1)   The Chief of the Defence Force may, by order in writing:

  (a)   attach temporarily to any part of the Defence Force a specified member, or a member included in a specified class of members, of the forces of a country in relation to which this section applies who is placed at his or her disposal by the service authorities of that country for the purpose of being so attached; and

  (b)   subject to anything to the contrary in the conditions applicable to his or her service, place a specified member, or a member included in a specified class of members, of any part of the Defence Force at the disposal of the service authorities of a country in relation to which this section applies in order that he or she may be attached temporarily by those authorities to the forces of that country.

  (2)   Where a member of the forces of a country in relation to which this section applies is attached temporarily to a part of the Defence Force, he or she shall, for the period for which he or she is so attached, be regarded as a member of that part of the Defence Force, as holding the rank in that part of the Defence Force that corresponds with the rank that he or she holds in those forces and as having, for the purposes of command and discipline, the same status and powers, including the power to arrest and to impose punishments, as:

  (a)   a member of that rank in that part of the Defence Force; and

  (b)   if he or she is given an appointment in that part of the Defence Force--a member of that part of the Defence Force holding the like appointment.

  (3)   The application of the law governing the Defence Force to a person to whom subsection   ( 2) applies is subject to such exceptions, modifications and adaptations as are specified by the Minister by order in writing.

  (4)   A member of the Defence Force referred to in paragraph   ( 1)(b) does not cease to be subject to the law governing that part of the Defence Force to which he or she belongs by reason only of his or her being temporarily attached as provided by that paragraph.

  (5)   This section applies to and in relation to a part of the Defence Force serving either within or beyond the territorial limits of Australia .