Commonwealth Numbered Acts

DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT 109

109. (1) Section 28 of the Principal Act is amended-

   (a)  by omitting sub-sections (3) and (4) and substituting the following
        sub-sections:-

''(3) Subject to sub-section (4), a chief of staff may, in relation to a
matter or class of matters, or to a State, Territory, or other part of
Australia, another country or part of another country, by writing signed by
him, delegate to an officer who holds a rank not below the rank of Captain in
the Australian Navy, Colonel in the Australian Army or Group Captain in the
Australian Air Force any of his powers or functions under this Act, other than
this power of delegation.

''(4) A chief of staff shall not delegate-

   (a)  his power to make general orders for the purposes of sub-section (7)
        of section 8;

   (b)  his power to authorize an officer of the Defence Force for the
        purposes of Part III; or

   (c)  his power to authorize an officer for the purposes of sub-section (3)
        of section 25,

except to an officer who holds a rank not below the rank of Rear-Admiral in
the Australian Navy, Major-General in the Australian Army or Air Vice-Marshal
in the Australian Air Force.'';

   (b)  by omitting from sub-section (6) the word ''Board'' and substituting
        the words ''chief of staff'';

   (c)  by omitting from sub-section (7) the words ''in the membership of a
        Board'' and substituting the words ''of chief of staff'';

   (d)  by omitting paragraph (b) of sub-section (8) and substituting the
        following paragraph:-

''(b) a delegation by a chief of staff, or an order or written authority made
or given by a chief of staff or by a delegate of a chief of staff, and bearing
the signature or a facsimile of the signature of the chief of staff or of the
delegate, as the case may be,''; and

   (e)  by omitting sub-section (9).

(2) Notwithstanding the amendment of sub-section 28 (8) of the Principal Act
made by sub-section (1) of this section, sub-section 28 (8) of the Principal
Act continues to have effect after the commencement of this section in
relation to a document purporting to be a copy of a delegation made by the
Naval Board, the Military Board or the Air Board before the commencement of
this section, or a document purporting to be a copy of an order or written
authority made or given by such a Board or by a delegate of such a Board,
before the commencement of this section.