Commonwealth Consolidated Acts

DEFENCE ACT 1903

TABLE OF PROVISIONS

           Long Title

   PART I--INTRODUCTORY

   1.      Short title  
   3.      Commencement of Act  
   4.      Interpretation  
   5.      Application of Act  
   5A.     Extension of Act to Territories  
   6.      Application of the Criminal Code  
   7.      Act does not appropriate money  

   PART II--CONTROL--AND ADMINISTRATION

   8.      The Minister  
   9.      Command of the Defence Force  
   10.     Administration of the Defence Force  
   11.     Defence Instructions  
   12.     Appointments  
   13.     Acting appointments  
   14.     Resignation  
   15.     Termination of appointment  
   16.     Remuneration and allowances  

   PART III--THE--AUSTRALIAN DEFENCE FORCE

           Division 1--Constitution of the Australian Defence Force

   17.     The Australian Defence Force  
   18.     Royal Australian Navy  
   19.     Australian Army  
   20.     Royal Australian Air Force  
   21.     Ranks and corresponding ranks  

           Division 2--Service in the Defence Force

   22.     Voluntary entry  
   23.     Service in the Permanent Forces  
   24.     Service in the Reserves  
   25.     Training for Reserves  
   26.     Volunteer service by Reserves  
   27.     Service is not a civil contract  

           Division 3--Calling out the Reserves

   28.     Governor - General may call out Reserves  
   29.     Period of service while covered by call out order  

   PART IIIAAA--CALLING--OUT THE DEFENCE FORCE TO PROTECT COMMONWEALTH INTERESTS, STATES AND SELF-GOVERNING TERRITORIES

           Division 1--Introduction

   30.     Simplified outline of this Part  
   31.     Definitions  

           Division 2--Calling out the Defence Force

              Subdivision A--Simplified outline of this Division

   32.     Simplified outline of this Division  

              Subdivision B--Making call out orders

   33.     Calling out the Defence Force to protect Commonwealth interests  
   34.     Contingent call out of the Defence Force to protect Commonwealth interests  
   35.     Calling out the Defence Force to protect States and Territories  
   36.     Contingent call out of the Defence Force to protect States and Territories  

              Subdivision C--Common provisions for making, varying and revoking call out orders

   37.     Making, varying and revoking call out orders  
   38.     Commonwealth interests orders or variations that were not requested by a State or Territory  

              Subdivision D--Effect of making call out order

   39.     Chief of Defence Force to utilise Defence Force as directed  
   40.     Assisting and cooperating with police forces of affected States and Territories  

           Division 3--Special powers generally authorised by Minister

              Subdivision A--Introduction

   41.     Simplified outline of this Division  
   42.     Application of this Division  
   43.     Powers that may be exercised under this Division and Division 4  
   44.     Location of exercise of powers  
   45.     International obligations  

              Subdivision B--Special powers generally authorised by Minister

   46.     Special powers generally authorised by Minister  

           Division 4--Powers exercised in specified areas

              Subdivision A--Introduction

   47.     Simplified outline of this Division  
   48.     Application of this Division  
   49.     International obligations  
   50.     Members to wear uniforms and identification when exercising powers  

              Subdivision B--Declaration of specified area

   51.     Declaration of specified area  

              Subdivision C--Powers to search premises in specified area

   51A.    Authorisation to search premises in specified area  
   51B.    Information to be given to occupier etc. and those searched  
   51C.    Occupier etc. entitled to be present during search  

              Subdivision D--Powers relating to means of transport and persons in specified area

   51D.    Powers relating to means of transport and persons in specified area  
   51E.    General provisions relating to section 51D  

           Division 5--Powers to protect declared infrastructure

              Subdivision A--Introduction

   51F.    Simplified outline of this Division  
   51G.    International obligations  

              Subdivision B--Infrastructure declaration

   51H.    Infrastructure declaration  

              Subdivision C--Powers to protect declared infrastructure

   51J.    Application of this Subdivision  
   51K.    Location of exercise of powers  
   51L.    Powers to protect declared infrastructure  

           Division 6--Provisions common to Divisions 3 to 5

   51M.    Simplified outline of this Division  
   51N.    Use of reasonable and necessary force  
   51P.    Persons to be informed of certain matters if detained  
   51Q.    Action to be taken if things are seized  
   51R.    Offence for failing to comply with a direction  
   51S.    Exercise of powers when certain obligations not complied with  

           Division 7--Expedited orders and declarations

   51T.    Simplified outline of this Division  
   51U.    Making expedited orders and declarations  
   51V.    Effect of expedited order or declaration  
   51W.    Effect of expedited order on Ministerial authorisation  

           Division 8--Miscellaneous

              Subdivision A--Simplified outline of this Division

   51X.    Simplified outline of this Division  

              Subdivision B--Applicable criminal law

   51Y.    Applicable criminal law  
   51Z.    Defence of superior orders in certain circumstances  

              Subdivision C--Other provisions

   51ZA.   Publication of order and report  
   51ZB.   Independent review of this Part  
   51ZC.   Instruments that are not legislative instruments  
   51ZD.   Effect on other Defence Force utilisation and powers  

   PART IIIAA--SUPERANNUATION

   52.     Determination of benefit  
   52A.    Department's employer superannuation contributions  
   52B.    Providing information to CSC in relation to invalidity  
   53.     Trustee of scheme providing superannuation benefit  

   PART IIIA--REMUNERATION--, ALLOWANCES AND OTHER BENEFITS

           Division 1--Determinations by the Minister

   58A.    Interpretation  
   58B.    Minister may make determinations  
   58E.    Delegation  

           Division 2--The Defence Force Remuneration Tribunal

   58F.    Interpretation  
   58G.    Establishment of Defence Force Remuneration Tribunal  
   58H.    Functions and powers of Tribunal  
   58HA.   Hearings in relation to discriminatory determinations  
   58HB.   Review of discriminatory determinations  
   58J.    Reports by Tribunal  
   58K.    Procedure of Tribunal  
   58KA.   Single member may conduct Tribunal's business  
   58KB.   Procedure where single member is conducting Tribunal's business  
   58KC.   Review of action etc. of single member  
   58KD.   Determinations giving effect to agreement between the parties  
   58L.    Terms and tenure of office  
   58M.    Resignation  
   58N.    Termination of appointment  
   58P.    Acting appointments  
   58Q.    Fees and allowances  

           Division 3--The Defence Force Advocate

   58R.    Interpretation  
   58S.    Defence Force Advocate  
   58T.    Functions of Advocate  
   58U.    Tenure and terms of office  
   58V.    Resignation  
   58W.    Termination of appointment  
   58X.    Acting Defence Force Advocate  
   58Y.    Fees and allowances  

   PART IV--LIABILITY--TO SERVE IN THE DEFENCE FORCE IN TIME OF WAR

           Division 1--Liability to serve

   59.     Persons liable to serve in Defence Force in time of war  
   60.     Proclamation calling upon persons to serve in time of war  
   61.     Registration and allotment for service  
   61A.    Persons exempt from service  
   61B.    Entry into Defence Force for service  
   61C.    Part not to apply to certain persons  

           Division 2--Determination of conscientious belief

   61CA.   Application for determination of conscientious belief  
   61CB.   Secretary must refer application  
   61CC.   Function of Conscientious Objection Tribunals  
   61CD.   Parties to the hearing of an application  
   61CE.   Notice of determination to be given to parties  

           Division 3--Establishment and membership of Conscientious Objection Tribunals

   61CF.   Establishment of Conscientious Objection Tribunals  
   61CG.   Period of appointment of members  
   61CH.   Remuneration and allowances of members  
   61CJ.   Other terms and conditions  
   61CK.   Leave of absence  
   61CL.   Resignation  
   61CM.   Removal from office  
   61CN.   Member of a Tribunal unavailable to complete proceeding  
   61CO.   Acting appointments  

           Division 4--Procedures of Conscientious Objection Tribunals

   61CP.   Tribunals' way of operating  
   61CQ.   Powers of Tribunals  
   61CR.   Procedure of Tribunals  
   61CS.   Majority decision  
   61CT.   Procedure where opinion of members equally divided  
   61CU.   Hearings  
   61CV.   Onus of proof  
   61CW.   Protection of members and persons giving evidence etc.  
   61CX.   Fees for persons giving evidence  
   61CY.   Failure of witness to attend  
   61CZ.   Refusal to be sworn or to answer questions etc.  
   61CZA.  Contempt of Tribunal  

           Division 5--Reviews and appeals

   61CZB.  Review of determinations of Conscientious Objection Tribunals  
   61CZC.  AAT Act to apply subject to modification  
   61CZD.  Appeals from AAT  
   61CZE.  Operation etc. of decision subject to appeal  

   PART V--AUSTRALIAN--DEFENCE FORCE CADETS

   62.     Australian Defence Force Cadets  
   62A.    Direction and administration of the Cadets  
   62B.    Chief of the Defence Force may make determinations  
   62C.    Relationship to the Defence Force  
   62D.    Acceptance is not a civil contract  
   62E.    Annual report  

   PART VI--SPECIAL--POWERS IN RELATION TO DEFENCE

   63.     General powers for defence purposes  
   64.     Control of railways in time of war  
   65.     Railways to carry troops etc. when required  
   66.     Conveyance by railway and tramway  
   67.     Registration and impressment of vehicles etc.  
   68.     Billeting and quartering  
   70.     Tolls  

   PART VIA--SECURITY--OF DEFENCE PREMISES

           Division 1--Preliminary

   71.     Simplified outline  
   71A.    Definitions  

           Division 2--Defence security officials

   71B.    Contracted defence security guards  
   71C.    Security authorised members of the Defence Force  
   71D.    Defence security screening employees  
   71E.    Identity cards  
   71F.    Delegations relating to training and qualification requirements  
   71G.    Delegations relating to identity cards  

           Division 3--Powers exercisable with consent at defence access control points and on defence premises

              Subdivision A--General provisions

   71H.    Consensual identification and limited search--person about to pass a defence access control point  
   71J.    Consensual search--vehicle, vessel or aircraft about to pass a defence access control point  
   71K.    Consensual identification--person on defence premises  

              Subdivision B--Special provisions for declared explosive ordnance depots

   71L.    Declared explosive ordnance depots  
   71M.    Consensual search--person on a declared explosive ordnance depot  
   71N.    Consensual search--vehicle, vessel or aircraft on a declared explosive ordnance depot  
   71P.    Powers additional to other powers  

              Subdivision C--Offences

   71Q.    Offences--search powers exercised without consent  

           Division 4--Powers exercisable without consent at defence access control points and on defence premises

   71R.    Non - consensual identification and search--person about to pass a defence access control point  
   71S.    Non - consensual search--vehicle, vessel or aircraft about to pass a defence access control point  
   71T.    Non - consensual identification and search--person on defence premises  
   71U.    Non - consensual search--vehicle, vessel or aircraft on defence premises  
   71V.    Offence--refusing to provide evidence etc. required under this Division  
   71W.    Offence--hindering or obstructing a search under this Division  
   71X.    Security authorised members of the Defence Force may respond to attack  
   71Y.    Power to stop and detain  
   71Z.    Powers are in addition to powers under this Part  

           Division 5--Seizure

   72.     Power to seize things on defence premises  

           Division 6--Matters relating to exercise of powers under Part

   72A.    Certain powers to be exercised only by security authorised members of the Defence Force unless not reasonably practicable  
   72B.    Defence security officials must produce identity cards, etc.  
   72C.    Persons to be informed of offence  
   72D.    Conduct of searches and limited searches  
   72E.    Use of equipment to examine things etc.  
   72F.    Power to move certain unattended things on defence premises  
   72G.    Use of reasonable and necessary force, etc. by defence security officials  
   72H.    Use of force involving death or grievous bodily harm by security authorised members of the Defence Force in responding to an attack  
   72J.    Limit on power to restrain and detain  
   72K.    Limit on power to arrest  
   72L.    Powers not to be used to stop protests etc.  
   72M.    Security authorised members of the Defence Force may use dogs  
   72N.    Persons assisting defence security officials  

           Division 7--Other matters

   72P.    Unauthorised entry etc. on defence premises or defence accommodation  
   72Q.    Certain information may be collected and provided to law enforcement agencies etc.  
   72R.    Compensation for acquisition of property  
   72S.    Other powers not affected  

   PART VIB--THE--WOOMERA PROHIBITED AREA

   72T.    Definitions  
   72TA.   The Woomera Prohibited Area  
   72TB.   Application of this Part and Part VII of the Defence Force Regulations 1952  
   72TC.   Offence--being in the Woomera Prohibited Area without permission  
   72TD.   Standing permission  
   72TE.   Permits  
   72TF.   Minister's permission  
   72TG.   Offence--failing to comply with conditions  
   72TH.   Minister may suspend permission  
   72TJ.   Minister may give directions  
   72TK.   Compensation for acquisition of property  
   72TL.   Compensation for loss or damage  
   72TM.   Review of decisions  
   72TN.   Delegation  
   72TO.   Infringement notices  
   72TP.   The Woomera Prohibited Area Rules  

   PART VII--OFFENCES

   73A.    Unlawfully giving or obtaining information as to defences  
   73F.    Penalty  
   79.     Unlawfully disposing of arms etc.  
   80A.    Falsely representing to be returned soldier, sailor or airman  
   80B.    Improper use of service decorations  
   82.     Sketching etc. of fortifications prohibited  
   83.     Unauthorised use, possession or supply of emblems or flags  
   84.     Penalty for bringing contempt on uniform  

   PART VIII--OFFENCES--IN RELATION TO SERVICE TRIBUNALS

   86.     Failure of witness to appear  
   88.     False or misleading evidence  
   89.     Contempt of service tribunals etc.  
   90.     Failure to comply with order under section 140 of the Defence Force Discipline Act 1982  

   PART VIIIA--TESTING--FOR PROHIBITED SUBSTANCES

           Division 1--Preliminary

   91.     Application of Part  
   92.     Object of Part  
   93.     Definitions  
   93A.    Authorised person  
   93B.    Determinations about prohibited substances and prohibited substance tests  

           Division 2--Testing for prohibited substances

   94.     Requirement to undergo a prohibited substance test  
   95.     Conduct of testing  
   96.     Notice to person required to provide a sample  

           Division 3--Return of a positive test result

   98.     Application  
   100.    Notice to be given of a positive test result  
   101.    Termination  

           Division 4--Miscellaneous

   106.    Failure to provide sample  
   107.    Unauthorised acts in relation to sample  
   108.    Finding made as a result of testing not admissible in certain criminal proceedings  
   109.    Defence Instructions  
   110.    Other administrative action not precluded  

   PART VIIIB--INSPECTOR---GENERAL OF THE AUSTRALIAN DEFENCE FORCE

           Division 1--Establishment and functions of the Inspector-General of the Australian Defence Force

   110A.   Object of Part  
   110B.   Inspector - General of the Australian Defence Force  
   110C.   Functions of the Inspector - General ADF  
   110DA.  Conduct of inquiry or investigation  
   110DB.  Inspector - General ADF may end an inquiry or investigation  

           Division 2--Administrative provisions about the Inspector-General of the Australian Defence Force

   110E.   Appointment  
   110F.   Qualifications for appointment  
   110G.   Tenure  
   110H.   Resignation  
   110I.   Remuneration  
   110J.   Leave of absence  
   110K.   Engaging in other paid work  
   110L.   Termination of appointment  
   110M.   Disclosure of interests  
   110N.   Acting appointments  
   110O.   Staff  
   110P.   Inquiry officers, inquiry assistants and Assistants IGADF  

           Division 3--Other matters

   110Q.   Protection from civil actions  
   110R.   Annual report by Inspector - General ADF  
   110S.   Delegation  

   PART VIIIC--DEFENCE--HONOURS AND AWARDS APPEALS TRIBUNAL

           Division 1--Preliminary

   110T.   Definitions  

           Division 2--Establishment and functions of Defence Honours and Awards Appeals Tribunal

   110U.   Establishment of Tribunal  
   110UA.  Functions of Tribunal  
   110UB.  Tribunal and Tribunal members not subject to direction  

           Division 3--Review of decisions by the Tribunal

   110V.   What decisions are reviewable?  
   110VA.  Who can apply for review?  
   110VB.  Review of decisions by the Tribunal  
   110VC.  Power to dismiss review applications  

           Division 4--Inquiries by the Tribunal

   110W.   Minister may direct Tribunal to hold inquiry  

           Division 5--General provisions relating to operation of the Tribunal

   110X.   Role of the Chair  
   110XA.  Constitution of Tribunal for Tribunal proceedings  
   110XB.  What happens if a Tribunal member stops being available  
   110XC.  Summoning persons to give evidence or produce documents  
   110XD.  Protection of confidential or sensitive evidence or submissions etc.  
   110XE.  Formal requirements relating to decisions etc. of the Tribunal  
   110XF.  Protection of Tribunal members and other persons  
   110XG.  Disclosure of interests by Tribunal members  
   110XH.  Procedural rules  

           Division 6--Tribunal members

   110Y.   Constitution of Tribunal  
   110YA.  Appointment of Tribunal members  
   110YB.  Period of appointment  
   110YC.  Acting appointments  
   110YD.  Other employment  
   110YE.  Remuneration  
   110YF.  Leave  
   110YG.  Resignation  
   110YH.  Termination  
   110YI.  Other terms and conditions  

           Division 7--Miscellaneous

   110Z.   Regulations  

   PART VIIID--DIRECTOR--OF DEFENCE COUNSEL SERVICES

   110ZA.  Director of Defence Counsel Services  
   110ZB.  Functions and powers of the Director of Defence Counsel Services  
   110ZC.  Delegation  
   110ZD.  Protection from action  

   PART IX--LEGAL--PROCEDURE

   111.    Subscription, arms etc. vested in commanding officer  
   111A.   Property of Rifle Club vested in Captain  

   PART IXA--PROVISIONS--RELATING TO THE FORCES OF OTHER COUNTRIES

           Division 1--Interpretation

   116A.   Interpretation  

           Division 2--Attachment of personnel and mutual powers of command

   116B.   Attachment to the Defence Force of members of the forces of another country and vice versa  
   116C.   Forces serving together  
   116D.   Corresponding ranks  

           Division 3--Absentees without leave

   116E.   Interpretation  
   116F.   Apprehension of absentees without leave  
   116G.   Detention of illegal absentee  
   116H.   Disposal of person in custody  
   116J.   Evidence for the purposes of this Division  
   116K.   Proof of facts by certificate  

           Division 4--Miscellaneous

   116M.   Delegation  

   PART IXB--PUBLIC--AREAS OF DEFENCE LAND

   116P.   Interpretation  
   116Q.   Public areas of defence land  
   116R.   Delegation  
   116S.   Appointment of rangers  
   116T.   Rangers ex officio  
   116U.   Identity cards  
   116V.   Powers of arrest  
   116W.   General powers of rangers  
   116X.   Seizure and forfeiture  
   116Y.   Assaulting etc. rangers  
   116ZA.  Officers and employees of governments and authorities  
   116ZB.  Prosecution of offences  
   116ZC.  Concurrent operation of State and Territory laws  
   116ZCA. Infringement notices  
   116ZD.  By - laws  

   PART IXC--SALVAGE--CLAIMS

   117.    Interpretation  
   117A.   Salvage claims by crew of Naval ships  
   117AA.  Apportionment of salvage between the Commonwealth and crew members  
   117AB.  Apportionment of salvage amongst crew members  

   PART IXD--DEFENCE--AVIATION AREAS

   117AC.  Defence aviation areas  
   117AD.  Regulations in relation to defence aviation areas  
   117AE.  Monitoring powers  
   117AF.  Modifications of Part 2 of the Regulatory Powers Act  
   117AG.  Appointment of inspectors for defence aviation areas  
   117AH.  Delegation of powers of Secretary or Chief of Defence Force  

   PART X--MISCELLANEOUS

   117B.   Members and former members may bring actions for money due in respect of service  
   118.    Penalty against raising forces without authority  
   118A.   Employer not to prevent employee from serving  
   118B.   Enlistment of apprentices in time of war  
   119.    Forfeiture or suspension of salary in certain circumstances  
   120.    Notice etc. need not be in writing unless required herein  
   120A.   Delegation  
   120B.   Attachment of salaries of members  
   121.    Proof of order  
   121A.   Validation of declaration and past acts in relation to the Woomera Prohibited Area  
   122.    Appointments etc. not invalid because of defect etc. in connection with appointment  
   122AA.  Taxation consequences of disposals of assets to defence companies  
   122B.   Exercise of rights and discharge of duties and obligations by legal officers  
   123.    Immunity from certain State and Territory laws  
   123AA.  Immunity in relation to certain assistance  
   123A.   Intoxicating liquor  
   123B.   Religion  
   123F.   Certain persons not permitted to serve in Defence Force  
   123G.   Orders in relation to rifle ranges  
   123H.   Tactical payment scheme for activities of the Defence Force outside Australia  
   123J.   Delegations in relation to the tactical payment scheme  

   PART XI--REGULATIONS

   124.    Regulations  
           SCHEDULE 1 Ranks and corresponding ranks