Commonwealth Numbered Acts

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - SCHEDULE 1

Schedule 1-Amendment of Acts Defence Force Discipline Act 1982 1 Subsection
3(1) (paragraph (b) of the definition of Territory offence)
Omit " Crimes Act, 1900 of the State of New South Wales, in its application to
the Jervis Bay Territory", substitute " Crimes Act  1900 of the Australian
Capital Territory, in its application to the Jervis Bay Territory". 2
Subparagraph 63(1)(a)(ia)
Omit " Crimes Act 1900 of the State of New South Wales, in its application to
the Jervis Bay Territory", substitute " Crimes Act  1900 of the Australian
Capital Territory, in its application to the Jervis Bay Territory". 3
Subparagraph 104(a)(ii)
Omit " Crimes Act 1900 of the State of New South Wales, in its application to
the Jervis Bay Territory", substitute " Crimes Act  1900 of the Australian
Capital Territory, in its application to the Jervis Bay Territory". 4 Certain
actions under the Discipline Act etc. not unlawful

(1) To avoid any doubt about the lawfulness of certain things done on or after
28 May 1992, it is declared that:

   (a)  a conviction, order, punishment or document made, granted, issued or
        imposed under the Discipline Act on or after 28 May 1992 but before
        the commencement of this item; or

   (b)  anything else done under that Act or under or because of any such
        conviction, order, punishment or document on or after 28 May 1992; is
        not to be taken to be unlawful merely because of a reference in that
        Act or any document to, or because of any act done by reference to,
        the " Crimes Act 1900 of the State of New South Wales" or the "
        Crimes Act, 1900 of the State of New South Wales".

(2) Expressions used in this item have the same meanings as in the Discipline
Act.

(3) In this item:
Discipline Act means the Defence Force Discipline Act 1982.
Defence Force (Home Loans Assistance) Act 1990 5 Section 3 (paragraph (a) of
the definition of basic service period)
Omit "6 years of effective full-time service", substitute:
either:

        (i)    5 years of effective full-time service; or

        (ii)   5 years of composite service. 6 Section 3 (paragraph (b) of the
               definition of basic service period)
Repeal the paragraph, substitute:

   (b)  in relation to a person covered by subparagraphs (b)(i), (ii) and
        (iii) of that definition-either:

        (i)    5 years of effective full-time service less the number of years
               of effective full-time service completed before the person's
               discharge; or

        (ii)   5 years of composite service less the number of years of
               composite service completed before the person's discharge; and
               7 Section 3 (paragraph (c) of the definition of basic service
               period)
After "the number of years of effective full-time service", insert "or
composite service". 8 Section 3 (paragraph (c) of the definition of basic
service period, table, column 1)
After "service", insert "or composite service". 9 Section 3 (paragraph (c) of
the definition of basic service period, table, column 1)
Omit "10 or fewer". 10 Section 3 (paragraph (c) of the definition of basic
service period, table, column 1)
Omit "11", substitute "11 or fewer". 11 Section 3 (paragraph (c) of the
definition of basic service period, table, column 2)
After "service", insert "or composite service". 12 Section 3 (paragraph (c) of
the definition of basic service period, table, column 2)
Omit "6". 13 Section 3 (subparagraph (b)(ii) of the definition of eligible
person)
Omit "6", substitute "5". 14 Section 3 (at the end of the definition of
eligible person)
Add:
or (h) a person:

        (i)    who is a member of the Reserve Forces or the Emergency Forces;
               and

        (ii)   who completes the training period applicable to the person; and

        (iii)  to whom the DSH Act does not apply. 15 Section 3 (paragraph (c)
               of the definition of incapacitated person)
Omit "6", substitute "5". 16 Section 3 (paragraph (c) of the definition of
incapacitated person)
After "full-time service", insert "or composite service". 17 Section 3
(paragraph (d) of the definition of incapacitated person)
After "full-time service", insert "or composite service". 18 Section 3
Insert:
composite service, in relation to a person who has completed a period of
effective full-time service and a period of statutory training obligation
without a break between the periods, means a period of service that is worked
out as follows:
  (Statutory training  x     Statutory   )  +  Effective full-time

  ( obligation years      training factor)        service years
where:
statutory training obligation years means the years of statutory training
obligation completed by a person.
statutory training factor is 0.625.
effective full-time service years means the years of effective full-time
service completed by a person. Example 1: If a person completes 7 years of
statutory training obligation and 1 year of effective full-time service-the
person's years of composite service are:
(7 x 0.625) + 1 = 5.375 years Example 2: If a person completes 4 years of
statutory training obligation and 1 year of effective full-time service-the
person's years of composite service are:
(4 x 0.625) + 1 = 3.5 years Example 3: If a person completes 10 years of
statutory training obligation and 2 years of effective full-time service-the
person's years of composite service are:
(10 x 0.625) + 2 = 8.25 years 19 Section 3
Insert:
statutory training obligation means a period of training in a 12 month period
that has been rendered by a person because the person is bound to render that
training under the Defence Act 1903, the Naval Defence Act 1910 or the
Air Force Act 1923 or in accordance with regulations made under the
Defence Act 1903, the Naval Defence  Act 1910 or the Air Force Act 1923. 20
Section 3
Insert:
The Emergency Forces has the same meaning as in the Defence Act  1903 . 21
Section 3
Insert:
The Reserve Forces has the same meaning as in the Defence Act  1903 . 22
Section 3
Insert:
training period, in relation to a person covered by paragraph (h) of the
definition of eligible person, means:

   (a)  5 years of effective full-time service; or

   (b)  a continuous period of 8 years of statutory training obligation; or

   (c)  5 years of composite service. 23 Paragraph 12(1)(c)
Omit "or a rejoining member", substitute ", a rejoining member or a person
covered by paragraph (h) of the definition of eligible person". 24 Paragraph
14(1)(a)
Omit "$40,000", substitute "$80,000". 25 Paragraph 21(1)(b)
Omit "$40,000", substitute "$80,000". 26 Paragraph 21(2)(a)
Omit "$40,000", substitute "$80,000". 27 Paragraph 21(2)(e)
Omit "$40,000", substitute "$80,000". 28 Subsection 22(2)
Omit "$40,000", substitute "$80,000". 29 Subsection 23(3) (subparagraph (a)(i)
of the definition of entitlement period)
Omit "effective full-time service", substitute "subsidy service". 30
Subsection 23(3) (subparagraph (b)(i) of the definition of entitlement period)
Omit "effective full-time service", substitute "subsidy service". 31
Subsection 23(3) (subparagraph (b)(ii) of the definition of entitlement
period)
Omit "effective full-time service" (wherever occurring), substitute "subsidy
service". 32 Subsection 23(3) (subparagraph (b)(iii) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service". 33
Subsection 23(3) (subparagraph (ba)(i) of the definition of entitlement
period)
Omit "effective full-time service" (wherever occurring), substitute "subsidy
service". 34 Subsection 23(3) (subparagraph (ba)(ii) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service". 35
Subsection 23(3) (sub-subparagraph (bb)(i)(A) of the definition of entitlement
period)
Omit "effective full-time service", substitute "subsidy service". 36
Subsection 23(3) (subparagraph (c)(i) of the definition of entitlement period)
Omit "effective full-time service", substitute "subsidy service". 37
Subsection 23(3) (subparagraph (d)(i) of the definition of entitlement period)
Omit "effective full-time service", substitute "subsidy service". 38
Subsection 23(3) (subparagraph (e)(i) of the definition of entitlement period)
Omit "effective full-time service", substitute "subsidy service". 39
Subsection 23(3) (subparagraph (f)(i) of the definition of entitlement period)
Omit "effective full-time service", substitute "subsidy service". 40
Subsection 23(3)
Insert:
subsidy service means :

   (a)  effective full-time service; or

   (b)  statutory training obligation; or

   (c)  statutory training obligation added to effective full-time service. 41
        Subsection 24(4) (paragraph (a) of the definition of prescribed
        member)
After "service", insert "or composite service". 42 Paragraph 26(1)(a)
Omit "$40,000", substitute "$80,000". 43 Paragraph 26(1)(a)
Omit "references to $80,000", substitute "references to $160,000". 44
Application

(1) The amendments made by items 5 to 13, 15, 16, 17 and 41 do not apply to a
person who is a subsidised borrower on the day this item commences.

(2) The amendments made by items 29 to 40 only apply in relation to the
statutory training obligation of a person, who is a subsidised borrower on the
day this item commences, that is commenced after that day.