DEFENCE AMENDMENT (PARLIAMENTARY APPROVAL OF OVERSEAS SERVICE) BILL 2008 [NO. 2]

i Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2]

No. , 2008

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 1

Schedule 1--Amendme nt of the Defence Act 1903

Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2] No. ,

2008 1

A Bill for an Act to amend the Defence Act 1903 to

provide for parliamentary approval of overseas

service by members of the Defence Force

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Defence Amendment (Parliamentary

Approval of Overseas Service) Act 2008.

2 Commence ment

This Act commences on the day on which it receives the Royal

Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Amend ment of the Defence Act 1903 Schedule 1

Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2] No. ,

2008 3

Schedule 1

Amendment of the Defence Act

1903

1 Section 50C

Repeal the section.

2 After Part III, Division 3

Insert:

Division 3A--The Service of the Defence Force

50C Parliame ntary approval of service of members of Defence Force

(1) Members of the Defence Force may serve within the territorial

limits of Australia.

(2) Subject to this section, members of the Defence Force may not

serve beyond the territorial limits of Australia except in accordance

with a resolution, which is in effect and agreed to by each House of

the Parliament, authorising the service.

(3) The Governor-General may by proclamation declare that an

emergency exists requiring the service beyond the territorial limits

of Australia of members of the Defence Force, and such service

may occur in accordance with such proclamation.

(4) A proclamation under subsection (3) shall not be made except on

the written advice of the Prime Minister to the Governor-General

explaining the circumstances of emergency which render it

inexpedient to seek a resolution pursuant to subsection (2) before

deploying members of the Defence Force beyond the territorial

limits of Australia.

(5) A proclamation and advice under subsections (3) and (4) shall be

published within 24 hours after the proclamation is made.

(6) A proclamation under subsection (3) shall be laid before each

House of the Parliament within 2 days after it is made, together

with a report (with copies for each member and senator) setting

out:

Schedule 1 A mendment of the Defence Act 1903

4 Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2]

No. , 2008

(a) the advice referred to in subsection (4);

(b) the reasons for the proposed deployment;

(d) the expected geographical extent of the proposed

deployment;

(e) the expected duration of the proposed deployment; and

(f) the number of members of the Defence Force proposed to be

deployed.

(7) If the Parliament is in session when a proclamation under

subsection (3) is made, but either House of the Parliament is

adjourned for an indefinite period of time or for a period of time

which will expire more than 2 days after the making of the

proclamation, the Presiding Officer of that House within the

meaning of the Parliamentary Presiding Officers Act 1965, or the

person who is deemed to be the Presiding Officer of that House for

the purpose of that Act, shall summon that House to meet within 2

days after the making of the proclamation, in spite of anything

contained in the resolution of adjournment of that House.

(8) If:

(a) the Parliament is not in session when a proclamation under

subsection (3) is made; or

(b) the Parliament is prorogued within 7 days after the

proclamation is made;

then:

of 7 days after the proclamation is made; and

(d) no proclamation the same in substance as that proclamation

shall be made until the day on which the Parliament next

meets.

(9) If:

(a) when a proclamation is made under subsection (3) the House

of Representatives has been dissolved or has expired and the

day appointed for the return of the writs for the general

election has not occurred; or

(b) the House expires within 7 days after the proclamation is

made;

Amend ment of the Defence Act 1903 Schedule 1

Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2008 [No. 2] No. ,

2008 5

the proclamation shall cease to have effect at the expiration of 7

days after the day appointed for the return of the writs for the

general election.

(10) While members of the Defence Force are deployed beyond the

territorial limits of Australia under this section, the Minister shall

report in writing to each House of the Parliament on the first sitting

day of that House after the commencement of each of the months

of February, April, June, August, October and December of each

year, commencing within 2 months after each deployment,

including in the report information on:

(a) the status of each such deployment, including its legality,

scope and anticipated duration;

(b) what efforts have been, are being, or are to be, made, to

resolve the circumstances which required such deployment;

resolve to terminate such deployment.

(11) For the purpose of this section, service beyond the territorial limits

of Australia does not include service by members of the Defence

Force:

(a) pursuant to their temporary attachment as provided by

section 116B; or

(b) as part of an Australian diplomatic or consular mission; or

or in operations during which hostilities are likely to occur;

(d) for the purpose of their education or training; or

(e) for purposes related to the procurement of equipment or

stores.

Commonwealth of Australia Bills

DEFENCE AMENDMENT (PARLIAMENTARY APPROVAL OF OVERSEAS SERVICE) BILL 2008 [NO. 2]