Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 4

             (1)  In this Act, unless the contrary intention appears:

"AAT" means the Administrative Appeals Tribunal.

"AAT Act" means the Administrative Appeals Tribunal Act 1975 .

"Aircraft" --Includes aeroplanes, seaplanes, balloons, kite balloons, airships and other machines for flying.

"Aircraft Material" --Includes any engines, fittings, guns, gear, instruments, ammunition, bombs or apparatus for use in connexion with aircraft, and any components or accessories of aircraft, and petrol and any other substance used for providing motive power for aircraft, and lubricating oil.

"Airman" --Means a member of the Air Force other than an officer.

"Australia and Commonwealth" includes the Territories.

"Conscientious Objection Tribunal" means a Conscientious Objection Tribunal established under section 61CF.

"exemption from service because of conscientious beliefs" means exemption from service under paragraph 61A(1)(h) or (i) or exemption from combatant duties under subsection 61A(1A).

"Federal Court" means the Federal Court of Australia.

"Inspector-General ADF" means the Inspector-General of the Australian Defence Force referred to in section 110B.

"Member" --Includes any officer, sailor, soldier and airman.

"Non-commissioned Officer" --Means a soldier (other than a warrant officer) holding non-commissioned rank.

"Officer" means:

                     (a)  in relation to the Australian Navy--a person appointed as an officer of the Australian Navy, including a person who holds the rank in the Australian Navy of Acting SubLieutenant or of Midshipman; or

                     (b)  in relation to the Australian Army or the Australian Air Force--a person appointed as an officer of the Australian Army or the Australian Air Force.

"Permanent Forces" means the Permanent Navy, the Regular Army and the Permanent Air Force.

"Reserves" means the Naval Reserve, the Army Reserve and the Air Force Reserve.

"Sailor" --Means a member of the Navy other than an officer.

"Service Decoration" --Means any order, medal, badge, clasp, bar or other insignia that was or may be conferred for valour, distinguished conduct or service, long service, good conduct, devotion to duty, efficiency, participation in a campaign or other warlike operation or for any other reason on a member of the Defence Force or of any armed force of any part of the Queen's dominions or of any Power allied or associated with Australia in any war or warlike operations in which Australia is or has been engaged, and includes the ribbon of any such order, medal, badge, clasp or other decoration and any colourable imitation, representation or miniature of any such order, medal, badge, clasp or other decoration.

"Service tribunal" has the same meaning as in the Defence Force Discipline Act 1982 .

"Soldier" --Means a member of the Army other than an officer.

"The Secretary" means the Secretary to the Department.

"Time of Defence Emergency" --Means the period between the publication of a proclamation declaring that a state of defence emergency exists in relation to Australia and the publication of a proclamation that that state of defence emergency no longer exists.

"Time of War" --Means any time during which a state of war actually exists, and includes the time between the issue of a proclamation of the existence of war or of danger thereof and the issue of a proclamation declaring that the war or danger thereof, declared in the prior proclamation, no longer exists.

"War" --Means any invasion or apprehended invasion of, or attack or apprehended attack on, Australia by an enemy or armed force.

             (2)  Unless the contrary intention appears, in this Act or in any other law:

                     (a)  a reference to the Naval Forces or the Navy shall be read as a reference to the Australian Navy;

                     (b)  a reference to the Military Forces or the Army shall be read as a reference to the Australian Army;

                     (c)  a reference to the Air Force shall be read as a reference to the Australian Air Force;

                     (d)  a reference to the Chief of the Defence Force shall be read as a reference to the Chief of the Defence Force appointed under section 9;

                     (e)  a reference to the Chief of Navy shall be read as a reference to the Chief of Navy appointed under section 9;

                      (f)  a reference to the Chief of Army shall be read as a reference to the Chief of Army appointed under section 9;

                     (g)  a reference to the Chief of Air Force shall be read as a reference to the Chief of Air Force appointed under section 9; and

                     (h)  a reference to a service chief shall be read as a reference to the Chief of Navy, the Chief of Army or the Chief of Air Force, as the case requires.

             (3)  For the purposes of Part IV, a person is taken to have a conscientious belief in relation to a matter if the person's belief in respect of that matter:

                     (a)  involves a fundamental conviction of what is morally right and morally wrong, whether or not based on religious considerations; and

                     (b)  is so compelling in character for that person that he or she is duty bound to espouse it; and

                     (c)  is likely to be of a long standing nature.