Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 24

24. Section 3 of the Principal Act is amended-
(a) by omitting "Chief of Defence Force Staff" from the definition of

"chief of staff" in sub-section (1) and substituting "Chief of the Defence
Force";
(b) by inserting after the definition of "convicted person" in sub-section (1)
the following definitions:



" 'custodial offence' means-

   (a)  an offence against sub-section 54A (1) or (2); or

   (b)  an offence that-

        (i)    is an ancillary offence in relation to an offence against
               sub-section 54A (1) or (2); and

        (ii)   was committed by a person at a time when he was a detainee;

" 'custodial punishment' means a punishment of a kind referred to in
sub-section 68A (1);";

   (c)  by omitting from sub-section (1) the definitions of "detainee",
        "detention centre" and "document" and substituting the following
        definitions:



" 'detainee' means a person who is undergoing a punishment of detention in a
detention centre;

" 'detention centre' means a place, not being a prison, that is operated by
the Defence Force as a place for the detention of persons on whom punishments
of detention have been imposed;";

   (d)  by omitting paragraph (c) of the definition of "general order" in
        sub-section (1) and substituting the following paragraph:



"(c) a general, standing, routine or daily order in force with respect to a
part of the Defence Force;";
(e) by omitting "or a barrister and solicitor" from the definition of "legal
practitioner" in sub-section (1) and substituting ", a barrister and solicitor
or a legal practitioner";

   (f)  by inserting after the definition of "legal practitioner" in
        sub-section (1) the following definition:



" 'medical practitioner' means a person who is registered or licensed as a
medical practitioner under a law of a State or Territory that provides for the
registration or licensing of medical practitioners;";

   (g)  by omitting from paragraph (a) of the definition of "Territory
        offence" in sub-section (1) all the words after "other" and
        substituting "than this Act or the regulations"; and

   (h)  by adding at the end thereof the following sub-sections:



"(16) Where-

   (a)  a detainee is granted leave of absence from a detention centre; and

   (b)  the detainee refuses or fails to return to the detention centre before
        the end of the leave of absence,
the detainee shall be taken, for the purposes of this Act, to have escaped
from custody and from the detention centre.



"(17) A reference in a provision of this Act to the officer in charge of a
detention centre is a reference to the officer who is responsible for the
administration of the detention centre, and includes a reference to a member
of the Defence Force, or to a member of the Defence Force included in a class
of members of the Defence Force, authorized by a commanding officer, in
writing, for the purposes of the provision in relation to the detention
centre.



"(18) The provisions of this Act in so far as they protect the individual are
in addition to, and not in derogation of, any rights and freedoms of the
individual, whether under the law of the Commonwealth or of a State or
Territory, and this Act is not intended to exclude or limit the operation of
any law of the Commonwealth or of a State or Territory providing for those
rights and freedoms in so far as it is capable of operating concurrently with
this Act.".