Commonwealth Numbered Acts

DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT 7

7. Sections 8, 9 and 9A of the Principal Act are repealed and the following
sections substituted:- Powers of Minister in relation to Defence Force.
''8. The Minister shall have the general control and administration of the
Defence Force, and the powers vested in the Chief of Defence Force Staff, the
Chief of Naval Staff, the Chief of the General Staff and the Chief of the Air
Staff by virtue of section 9, and the powers vested jointly in the Secretary
and the Chief of Defence Force Staff by virtue of section 9A, shall be
exercised subject to and in accordance with any directions of the Minister.
Command of Defence Force and arms of Defence Force.
''9. (1) The Governor-General may appoint an officer of an arm of the
Defence Force to be Chief of Defence Force Staff and-

   (a)  may appoint an officer of the Navy to be Chief of Naval Staff;

   (b)  may appoint an officer of the Army to be Chief of the General Staff;
        and

   (c)  may appoint an officer of the Air Force to be Chief of the Air Staff.

''(2) Subject to section 8, the Chief of Defence Force Staff shall command the
Defence Force, and the chief of staff of an arm of the Defence Force shall,
under the Chief of Defence Force Staff, command the arm of the Defence Force
of which he is chief of staff.

''(3) It is a function of the Chief of Defence Force Staff to advise the
Minister, in such manner as the Minister directs, on matters relating to the
command by the Chief of Defence Force Staff of the Defence Force, and it is a
function of the chief of staff of an arm of the Defence Force to advise the
Minister, in such manner as the Minister directs, on matters relating to the
command by the chief of staff of the arm of the Defence Force of which he is
the chief of staff.

''(4) The Chief of Defence Force Staff may, in pursuance of the powers vested
in him by virtue of sub-section (2), appoint an officer to command a part of
the Defence Force consisting of members of more than one arm of the
Defence Force, and the chief of staff of an arm of the Defence Force may, in
pursuance of the powers vested in him by virtue of sub-section (2), appoint an
officer of that arm of the Defence Force to command a part of that arm of the
Defence Force.

''(5) Sub-section (2) has effect subject to section 68 of the Constitution.
Administration of Defence Force.
''9A. (1) Subject to section 8, the Secretary and the Chief of Defence Force
Staff shall jointly have the administration of the Defence Force except with
respect to-

   (a)  matters falling within the command of the Defence Force by the Chief
        of Defence Force Staff or the command of an arm of the Defence Force
        by the chief of staff of that arm of the Defence Force; or

   (b)  any other matter specified by the Minister.

''(2) Instructions issued by or with the authority of the Secretary and the
Chief of Defence Force Staff in pursuance of the powers vested in them jointly
by virtue of sub-section (1) shall be known as Defence Instructions (General).

''(3) The powers vested in the Secretary and the Chief of Defence Force Staff
by virtue of sub-section (1) extend to authorizing a chief of staff of an arm
of the Defence Force to administer, in accordance with that authority, matters
relating to that arm of the Defence Force, and instructions or orders issued
or made by or with the authority of a chief of staff in relation to the
administration of an arm of the Defence Force shall be known as-

   (a)  in the case of the Navy-Defence Instructions (Navy);

   (b)  in the case of the Army-Defence Instructions (Army); and

   (c)  in the case of the Air Force-Defence Instructions (Air).

''(4) Where Defence Instructions (Navy), Defence Instructions (Army) or
Defence Instructions (Air) are inconsistent with Defence Instructions
(General), the Defence Instructions (General) prevail and the Defence
Instructions (Navy), the Defence Instructions (Army) or the Defence
Instructions (Air), as the case may be, shall, to the extent of the
inconsistency, be of no effect.

''(5) Evidence of Defence Instructions (General), Defence Instructions (Navy),
Defence Instructions (Army) or Defence Instructions (Air) may be given in any
proceedings in or before a Court, a Court-Martial, the Courts-Martial Appeal
Tribunal, or any other tribunal, by the production of a document purporting to
be a copy thereof. Remuneration and allowances of chiefs of staff.
''9B. (1) An officer who is a chief of staff shall be paid such remuneration
as is determined by the Remuneration Tribunal, but, if no determination of
that remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.

''(2) An officer who is a chief of staff shall be paid such allowances as are
prescribed.

''(3) This section has effect subject to the Remuneration Tribunals Act
1973-1974.''.