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Defence Force Re-organization Act 1975

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DEFENCE FORCE RE ORGANIZATION ACT 1975 No. 96, 1975
DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 1. Short title.
DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 An Act to amend the Defence Act 1903-1973, and other Acts, for purposes related to the Re-organization of the Defence Force, and for certain other purposes. BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:- PART I-PRELIMINARY 1. This Act may be cited as the Defence Force Re-organization Act 1975.* DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 2. Commencement.
2. This Part shall come into operation on the day on which this Act receives the Royal Assent*, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 3. Citation.
PART II-AMENDMENTS OF THE DEFENCE ACT 1903-1973 3. (1) The Defence Act 1903-1973* is in this Part referred to as the Principal Act. (2) The Principal Act, as amended by this Part, may be cited as the Defence Act 1903-1975. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 4. Interpretation.
4. Section 4 of the Principal Act is amended- (a) by omitting the definitions of ''Inspector-General'' and ''Native Force''; (b) by omitting the definition of ''Officer'' and substituting the following definition:- '' 'Officer'- (a) in relation to the Navy-means a person who is an officer as defined by section 3 of the Naval Defence Act 1910-1975; and (b) in relation to the Army and the Air Force-means a person appointed or in pay as an officer of the Army or the Air Force, and includes an officer appointed or promoted to war substantive, local, provisional, probationary or temporary rank and a person holding an honorary appointment as an officer;''; (c) by omitting the definition of ''The Commonwealth''; (d) by adding after the definition of ''The Reserve Forces'' the following definition:- '' 'The Secretary' means the Secretary to the Department of Defence;''; and (e) by adding at the end thereof the following sub-section:- ''(2) Unless the contrary intention appears, in this Act or in any other law- (a) a reference to the Naval Forces or the Navy shall be read as a reference to the Australian Navy; (b) a reference to the Military Forces or the Army shall be read as a reference to the Australian Army; (c) a reference to the Air Force shall be read as a reference to the Australian Air Force; (d) a reference to the Chief of Defence Force Staff shall be read as a reference to the Chief of Defence Force Staff appointed under section 9; (e) a reference to the Chief of Naval Staff shall be read as a reference to the Chief of Naval Staff appointed under section 9; (f) a reference to the Chief of the General Staff shall be read as a reference to the Chief of the General Staff appointed under section 9; (g) a reference to the Chief of the Air Staff shall be read as a
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reference to the Chief of the Air Staff appointed under section 9; and (h) a reference to a chief of staff shall be read as a reference to the Chief of Defence Force Staff, the Chief of Naval Staff, the Chief of the General Staff or the Chief of the Air Staff, as the case requires.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 5. Application of Act.
5. Section 5 of the Principal Act is amended by omitting the words ''all the Naval Forces, Military Forces and Air Force of the Commonwealth, and to all members of any of those Forces'' and substituting the words ''the Navy, Army and Air Force, and to all members of the Navy, Army and Air Force''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 6.
6. Section 5A of the Principal Act is repealed and the following section substituted:- Extension of Act to Territories. ''5A. This Act extends to the external Territories as if each of those Territories were part of Australia.''. 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
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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.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 8. Appointment and promotion of officers of the Army.
8. Section 10 of the Principal Act is amended by adding at the end thereof the following sub-section:- ''(4) Where a person is appointed to be an officer of the Army, or was, before the commencement of this sub-section, appointed to be an officer of the Military Forces, he shall, whether or not he has been issued with a commission, be deemed to have been commissioned as such an officer on the date of his appointment.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 9. Term of appointment.
9. Section 10A of the Principal Act is amended by omitting sub- section (6). DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 10. Promotion for distinguished service.
10. Section 10B of the Principal Act is amended by inserting after the word ''officer'' (wherever occurring) the words ''of the Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 11. Delegation of power to make appointments and promotions.
11. Section 10C of the Principal Act is amended- (a) by omitting sub-section (1) and substituting the following sub-section:- ''(1) The Governor-General may delegate to the Chief of Defence Force Staff or to an officer of the Army any of his powers under sections 10 and 10B to appoint and promote officers of the Army.''; and (b) by omitting sub-sections (5) and (6). DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 12. Appointments held during pleasure.
12. Section 16 of the Principal Act is amended by inserting after the word ''Officers'' the words ''of the Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 13. Adjustment of ranks after war service.
13. Section 16A of the Principal Act is amended by omitting from sub-section (2) the words ''Military Board'' and substituting the words ''Chief of the General Staff''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 14.
14. (1) Section 17 of the Principal Act is repealed and the following section substituted:- Resignation of officer. ''17. (1) An officer of the Army may, by writing under his hand addressed to the Chief of the General Staff, tender the resignation of his military office, but the resignation shall not be accepted, and is not effective, except as provided by this section.
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''(2) The Chief of the General Staff may, without reference to the Governor-General, reject the resignation of an officer if- (a) it is tendered in time of war or in time of defence emergency; (b) acceptance of the resignation would, in the opinion of the Chief of the General Staff, seriously prejudice the ability of the Army to carry out military operations that it is carrying out or may be required to carry out; or (c) in the case of an officer- (i) who is engaged in, or who has completed, in whole or in part, a course of special training, a period of employment on special duties or a period of service outside Australia; or (ii) who was appointed outside Australia or whose transport, or whose family's transport, was at the expense of Australia, the officer has not completed a period of service that, under a determination of the Chief of the General Staff, and in the circumstances, the officer is required to complete. ''(3) The Chief of the General Staff- (a) in the case of a resignation by an officer of a rank not higher than the rank of colonel that has not been rejected in pursuance of sub-section (2)-may accept the resignation or forward the resignation to the Minister for submission to the Governor-General; and (b) in the case of a resignation by an officer of a rank higher than the rank of colonel that has not been rejected in pursuance of sub-section (2)-shall forward the resignation to the Minister for submission to the Governor-General. ''(4) Where the Minister considers that the resignation of the officer should not be accepted unless and until the officer has complied with a condition, the officer's resignation shall not be submitted to the Governor-General for acceptance until the officer has complied with that condition. ''(5) The Governor-General may accept, or refuse to accept, the resignation of an officer. ''(6) Where the Governor-General or the Chief of the General Staff accepts the resignation of an officer, the resignation becomes effective on the seventh day after the date on which it is accepted or on such other date as may be specified in the instrument of acceptance.''. (2) Where, before the commencement of this section, an officer of the Military Forces had tendered the resignation of his military office to the Military Board under section 17 of the Principal Act, but the resignation had not, before the commencement of this section, been accepted or rejected under that section, section 17 of the Principal Act as amended by sub-section (1) of this section applies to and in relation to the resignation as if each reference in section 17 of the Principal Act as so amended to the Chief of the General Staff included a reference to the Military Board. (3) Until a determination is made by the Chief of the General Staff for the purposes of paragraph 17 (2) (c) of the Principal Act as amended by sub-section (1) of this section, any determination made by the Military Board for the purposes of paragraph 17 (2) (c) of the Principal Act, and in force immediately before the commencement of this section, continues to have effect as if it were a determination made by the Chief of the General Staff for the purposes of paragraph 17 (2) (c) of the Principal Act as amended by sub-section (1) of this section. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 15. Appointment of warrant and non-commissioned officers.
15. Section 18 of the Principal Act is amended by inserting after the word ''officers'' (wherever occurring) the words ''of the Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 16. Seniority.
16. (1) Section 19 of the Principal Act is amended by omitting the words ''Military Board'' and substituting the words ''Chief of the General Staff''. (2) A determination made by the Military Board before the commencement of this section for the purposes of section 19 of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of the General Staff for the purposes of section 19 of the Principal Act as amended by sub-section (1) of this section. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 17.
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Promotion of returned officers.
17. Section 20A of the Principal Act is amended by inserting after the word ''officer'' (first occurring) the words ''of the Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 18. Repeal of section 23.
18. Section 23 of the Principal Act is repealed. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 19. Unattached lists.
19. Section 24 of the Principal Act is amended by omitting the words ''Defence Force'' and substituting the word ''Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 20. Reserve of officers list.
20. Section 25 of the Principal Act is amended by inserting after the word ''officers'' (first occurring) the words ''of the Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 21. Retired lists.
21. Section 26 of the Principal Act is amended by omitting the words ''Defence Force'' and substituting the word ''Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 22. Compulsory retirement - discretion to extend.
22. Section 27 of the Principal Act is amended by omitting the words ''officers and members of the Defence Force'' and substituting the words ''members of the Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 23. Council of Defence.
23. (1) Section 28 of the Principal Act is amended by omitting sub- sections (2) and (3). (2) Notwithstanding the amendments of section 28 of the Principal Act made by sub-section (1) of this section, Military Board Orders shall, subject to the succeeding provisions of this section, continue in force after the commencement of this section and be as valid and effectual as if those amendments had not been made and as if the regulations having effect for the purposes of sub-section 28 (3) of the Principal Act had not, by reason of those amendments, ceased to have effect. (3) A provision of Military Board Orders as in force from time to time after the commencement of this section may be revoked or varied- (a) by or with the authority of the Secretary to the Department of Defence and the Chief of Defence Force Staff in pursuance of the powers vested in them jointly by virtue of sub-section 9A (1) of the Principal Act as amended by this Act; and (b) if the Chief of the General Staff is so authorized under sub- section 9A (3) of the Principal Act as amended by this Act-by or with his authority. (4) Military Board Orders as in force from time to time after the commencement of this section shall, for the purposes of section 9A of the Principal Act as amended by this Act, be deemed to be Defence Instructions (Army). (5) In sub-sections (2), (3) and (4) of this section, ''Military Board Orders'' means orders and instructions made or issued by or with the authority of the Military Board and in force immediately before the commencement of this section. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 24.
24. (1) Section 30 of the Principal Act is repealed and the following section substituted:- Defence Force. ''30. The Defence Force consists of 3 arms, namely, the Australian Navy, the Australian Army and the Australian Air Force.''. (2) The Australian Navy is a continuation under that name of the arm of the Defence Force previously known as the Naval Forces of the Commonwealth, the Australian Army is a continuation under that name of the arm of the Defence Force previously known as the Military Forces of the Commonwealth and the Australian Air Force is a continuation under that name of the arm of the Defence Force previously known as the Air Force of the Commonwealth. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 25. Permanent Military Forces.
25. Section 32 of the Principal Act is amended- (a) by adding at the end of paragraph (a) of sub-section (3) the word ''and''; (b) by omitting paragraph (b) of sub-section (3); (c) by adding at the end of paragraph (a) of sub-section (5) the word ''and''; and (d) by omitting paragraph (b) of sub-section (5). DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 26.
26. The Principal Act is amended by inserting after section 32A, in Division 1 of Part III, the following section:-
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Attachment, &c., of members of an arm of the Defence Force to another arm. ''32B. A member of an arm of the Defence Force may, under such conditions (if any) as are prescribed, be attached or loaned to, or seconded for service with, another arm of the Defence Force.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 27. Heading of Division 2 of Part III amended.
27. The heading to Division 2 of Part III of the Principal Act is amended by omitting the words ''Defence Force'' and substituting the word ''Army''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 28. Organization of the Army.
28. (1) Section 33 of the Principal Act is amended by omitting the words ''Military Board'' and substituting the words ''Chief of the General Staff''. (2) A determination made by the Military Board before the commencement of this section for the purposes of section 33 of the Principal Act, being a determination that is in force immediately before the commencement of this section, shall, after the commencement of this section, have effect as if it had been made immediately after the commencement of this section by the Chief of the General Staff for the purposes of section 33 of the Principal Act as amended by sub-section (1) of this section. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 29. Repeal of section 35A.
29. Section 35A of the Principal Act is repealed. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 30. Period of enlistment.
30. Section 36 of the Principal Act is amended by omitting the proviso and substituting the following sub-sections:- ''(2) On or before the expiration of the period for which a soldier was engaged or previously re-engaged, he may volunteer to serve for a further period as prescribed, and be re-engaged for further service accordingly. ''(3) A period of re-engagement commences on the day immedi- ately after the expiration of the period for which, on enlistment or previous re-engagement, the soldier had volunteered to serve.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 31. Oath on enlistment.
31. Section 37 of the Principal Act is amended by adding at the end thereof the following sub-section:- ''(3) When a soldier re-engages to serve, he shall not be required to take and subscribe a fresh oath but, on his re-engagement, reference in the oath taken and subscribed by him on enlistment to the period for which he is to serve shall be deemed to include reference to the further period for which he has re-engaged.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 32. Discharge upon expiration of period of engagement.
32. Section 39 of the Principal Act is amended- (a) by adding at the end of paragraph (a) of sub-section (1) the word ''and''; and (b) by omitting paragraph (b) of sub-section (1). DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 33. Discharge of members of reserves.
33. Section 41 of the Principal Act is amended by omitting sub- section (3). DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 34. Discharge or dismissal of soldiers.
34. Section 44 of the Principal Act is amended by adding at the end thereof the following sub-section:- ''(2) Where a soldier has been discharged by a prescribed authority in pursuance of sub-section (1) and, after he has been discharged, that authority or another prescribed authority is satisfied that the soldier could properly have been discharged under that sub-section for a prescribed reason other than the reason for which he was discharged, the authority so satisfied may, at the request of the person who has been discharged, take such steps as are necessary to ensure that the person is treated as having been discharged for that other reason, including the taking of steps to amend the order of discharge and any other relevant documents.''. DEFENCE FORCE RE-ORGANIZATION ACT 1975 No. 96 of 1975 - SECT. 35. Australian Cadet Corps.
35. (1) Section 62 of the Principal Act is amended- (a) by omitting from sub-section (1) all the words after the words ''Australian Cadet Corps''; and (b) by omitting sub-section (2) and substituting the following sub-sections:-
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''(2) The Australian Cadet Corps shall consist of- (a) persons appointed in accordance with the regulations to be officers in that body; and (b) subject to sub-sections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body. ''(3) A person appointed to be an officer in the Australian Cadet Corps does not become a member of the Army by virtue of that appointment. ''(4) A cadet in the Australian Cadet Corps is not a member of the Army. ''(5) A person is not entitled to volunteer, or to be accepted, as a cadet unless he- (a) has attained such age as is prescribed; and (b) has not attained the age of 20 years. ''(6) A person ceases to be a cadet when he attains the age of 21 years or such lower age as is prescribed. ''(7) The regulations may make provision for and in relation to the organization, maintenance, regulation, control and discipline of the Australian Cadet Corps, and, in particular, for and in relation to- (a) the periods and conditions of service of members; (b) the promotion of members;