{"id":"C1969A00060","name":"Defence (Parliamentary Candidates) Act 1969","slug":"defence-parliamentary-candidates-act-1969","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"60 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2161,"registerId":"C2016C00807","compilationNumber":"9","startDate":"2016-07-01","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 2 (items 30-35) of the [Defence Legislation Amendment (First Principles) Act 2015](/C2015A00164)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Defence Legislation Amendment (First Principles) Act 2015","year":2015,"number":164,"titleId":"C2015A00164","provisions":"sch 2 (items 30-35)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2016-07-14T12:04:23.850Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Parliamentary Candidates) Act 1969","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Defence (Parliamentary Candidates) Act 1969\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nDefence (Parliamentary Candidates) Act 1969\n\nNo. 60, 1969\n\nCompilation No. 9\n\nCompilation date:    1 July 2016\n\nIncludes amendments up to: Act No. 164, 2015\n\nRegistered:    14 July 2016\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Defence (Parliamentary Candidates) Act 1969 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\nPart I—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Repeal\n\n5 Interpretation\n\n6 Declared date\n\nPart II—Discharge etc. from Defence Force of parliamentary candidates\n\n7 Transfer of officers to Reserve\n\n8 Discharge of enlisted members\n\n9 Termination of continuous full‑time service\n\nPart III—Re‑instatement of unsuccessful candidates\n\n10 Re‑instatement of officers\n\n11 Re‑instatement of enlisted members\n\n12 Re‑instatement of members rendering continuous full‑time service\n\n13 Compulsory re‑instatement of officers\n\n14 Compulsory re‑instatement of enlisted members\n\nPart IV—Miscellaneous\n\n16 Return of member, family and household effects etc. to place of enlistment\n\n17 Refund of gratuity\n\n18 Service of notice\n\n19 Delegation\n\n22 Regulations\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\nAn Act to make provision in relation to Members of the Defence Force who desire to become Candidates for election as Members of the Parliament of Australia or of a State or of certain other legislative or advisory Bodies\n\nPart I—Preliminary\n\n \n\n1  Short title\n\n  This Act may be cited as the Defence (Parliamentary Candidates) Act 1969.\n\n2  Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n3  Repeal\n\n  The Defence (Parliamentary Candidates) Act 1966 is repealed.\n\n5  Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\narm of the Defence Force means the Navy, the Army or the Air Force.\n\nelection includes general election.\n\nenlisted member means a member who is not an officer.\n\nmember means a member of the Defence Force.\n\nofficer means a member who is an officer for the purposes of the Defence Act.\n\nrank includes classification.\n\nReserve means:\n\n (a) the Naval Reserve; or\n\n (b) the Army Reserve; or\n\n (c) the Air Force Reserve.\n\nSuperannuation Rules means the Rules for the administration of the superannuation scheme established under the Military Superannuation and Benefits Act 1991.\n\nthe appropriate Reserve, in relation to an officer, means the Reserve that is appropriate to him having regard to the arm of the Defence Force of which he is a member.\n\nthe declared date, in relation to an election, means the date on which a notice under section 6 is published in the Gazette in relation to the election.\n\nthe Defence Act means the Defence Act 1903‑1966.\n\nthe Defence Force means the Defence Force of Australia.\n\nthe Defence Forces Retirement Benefits Act means the Defence Forces Retirement Benefits Act 1948‑1969.\n\nthe Defence Force Retirement and Death Benefits Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n (2) In the application of a provision to a person who has been transferred to a Reserve under section 7, to a person who has been discharged from the Defence Force under section 8 or to a person whose continuous full‑time service has been terminated under section 9, a reference in that provision to the relevant election shall be read as a reference to the election in relation to which he made the application in pursuance of which he was so transferred or discharged or his continuous full‑time service was so terminated.\n\n6  Declared date\n\n (1) Where an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9, the Minister shall, when he is satisfied that the result of the relevant election is certain, declare, by notice published in the Gazette, that he is so satisfied.\n\n (2) The Minister shall, before making a declaration under the last preceding subsection in relation to an election, have regard to any dispute, and any proceedings in relation to a dispute, with respect to the election.\n\n (3) The Minister may, for the purposes of subsection (1), treat the result of an election as being certain if, at the expiration of thirty days after the return of the writ relating to the election, the validity of the election has not been disputed in accordance with law and the Minister has no reason to believe that it will be so disputed.\n\nPart II—Discharge etc. from Defence Force of parliamentary candidates\n\n \n\n7  Transfer of officers to Reserve\n\n (1) Where:\n\n (a) an officer who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the Chief of the Defence Force to be transferred to the appropriate Reserve; and\n\n (b) he satisfies the Chief of the Defence Force that he intends, if he is so transferred, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;\n\nthe Chief of the Defence Force may transfer him to the appropriate Reserve.\n\n8  Discharge of enlisted members\n\n  Where:\n\n (a) an enlisted member who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the Chief of the Defence Force to be discharged from that arm of the Defence Force; and\n\n (b) he satisfies the Chief of the Defence Force that he intends, if he is so discharged, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;\n\nthe Chief of the Defence Force may discharge him accordingly.\n\n9  Termination of continuous full‑time service\n\n  Where:\n\n (a) a member of the Naval Reserve, the Army Reserve or the Air Force Reserve who is rendering continuous full‑time service applies to the Chief of the Defence Force for the termination of that service; and\n\n (b) he satisfies the Chief of the Defence Force that he intends, if that service is so terminated, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly of the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;\n\nthe Chief of the Defence Force may terminate that service accordingly.\n\nPart III—Re‑instatement of unsuccessful candidates\n\n \n\n10  Re‑instatement of officers\n\n (1) The Chief of the Defence Force may, upon application being made in writing to him by an officer who has been transferred to a Reserve under section 7 for his re‑instatement in the force of which he was a member immediately before he was so transferred (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), transfer the officer to that force with the rank held by him immediately before he was transferred to the Reserve.\n\n (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where an officer is, under the last preceding subsection, transferred to the force of which he was a member immediately before he was transferred to a Reserve under section 7 of this Act, he shall, upon being transferred to that force, be deemed to have continued to have been a member of that force during the period when he was a member of the Reserve but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.\n\n (3) Where the last preceding subsection applies in relation to an officer who, immediately before he was transferred to a Reserve, was serving under an appointment for a specified period, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under that appointment.\n\n (4) Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which an officer is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of the officer to long service leave or furlough.\n\n11  Re‑instatement of enlisted members\n\n (1) The Chief of the Defence Force may, upon application being made in writing to him by a person who has been discharged from an arm of the Defence Force under section 8 for his re‑instatement in the force of which he was a member immediately before he was discharged (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), cause the person to be re‑enlisted in that force with the rank held by him immediately before he was discharged.\n\n (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is re‑enlisted in a force by virtue of the last preceding subsection, he shall, upon re‑enlistment, be deemed to have continued to have been a member of that force during the period commencing upon his being discharged and ending upon his re‑enlistment but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.\n\n (3) Where the last preceding subsection applies in relation to a person, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under the engagement under which he was serving immediately before he was discharged.\n\n (4) Any form of oath or affirmation that a person is, by any law of Australia, required to take or make upon enlistment in an arm of the Defence Force may, in respect of a person who is re‑enlisted in that arm of the Defence Force by virtue of subsection (1), be modified appropriately.\n\n (5) Notwithstanding subsection (3) or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.\n\n12  Re‑instatement of members rendering continuous full‑time service\n\n (1) The Chief of the Defence Force may, upon application being made in writing to him by a person whose continuous full‑time service has been terminated under section 9 for his re‑instatement as a member rendering continuous full‑time service (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the Chief of the Defence Force, in special circumstances, allows), cause the person to be accepted for further continuous full‑time service in the part of the Defence Force in which he was serving immediately before his continuous full‑time service was terminated, for such period as is agreed upon between the Chief of the Defence Force and the person, with the rank held by him immediately before his continuous full‑time service was terminated.\n\n (2) Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is, under the last preceding subsection, accepted for further continuous full‑time service, he shall be deemed to have been absent on leave without pay during the period commencing upon the termination of his continuous full‑time service and ending on the commencement of the further continuous full‑time service.\n\n (3) Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.\n\n13  Compulsory re‑instatement of officers\n\n (1) Where:\n\n (a) an officer has been transferred to a Reserve under section 7;\n\n (b) the Chief of the Defence Force is satisfied that:\n\n (i) he was not nominated in the relevant election; or\n\n (ii) having been nominated in the relevant election, he failed to be elected in that election; and\n\n (c) he has not made application having effect for the purposes of section 10 for re‑instatement in the force of which he was a member immediately before he was transferred to a Reserve;\n\nthe Chief of the Defence Force may, by notice in writing served on him before the expiration of a period of one month after the date that is the declared date in relation to the relevant election, require him to make to the Chief of the Defence Force, not later than the expiration of a period of two months after the declared date, application in writing for his re‑instatement in the force of which he was a member immediately before he was transferred to the Reserve.\n\n (2) If, at the expiration of the period of two months after the declared date, the officer has not made application in writing to the Chief of the Defence Force for re‑instatement in the force of which he was a member immediately before he was transferred to a Reserve, he shall be deemed to have made such an application on the last day of that period and section 10 applies in relation to him accordingly.\n\n14  Compulsory re‑instatement of enlisted members\n\n (1) Where:\n\n (a) a person has been discharged from the Defence Force under section 8;\n\n (b) the Chief of the Defence Force is satisfied that:\n\n (i) he was not nominated in the relevant election; or\n\n (ii) having been nominated in the relevant election, he failed to be elected in that election; and\n\n (c) he has not made application having effect for the purposes of section 11 for re‑instatement in the force of which he was a member immediately before he was discharged;\n\nthe Chief of the Defence Force may, by notice in writing served on him before the expiration of a period of one month after the date that is the declared date in relation to the relevant election, require him to make to the Chief of the Defence Force, not later than the expiration of a period of two months after the declared date, application in writing for his re‑instatement in the force of which he was a member immediately before his discharge.\n\n (2) If, at the expiration of the period of two months after the declared date, the person has not made application in writing to the Chief of the Defence Force for re‑instatement in the force of which he was a member immediately before he was discharged, he shall be deemed to have made such an application on the last day of that period and on that day to have been re‑enlisted, in accordance with section 11, in the force of which he was a member immediately before he was discharged, and that section applies in relation to him accordingly.\n\n (3) Any requirement of any other law of Australia that a person enlisting in an arm of the Defence Force shall take an oath or make an affirmation does not apply in relation to the re‑enlistment of a person by virtue of the last preceding subsection.\n\nPart IV—Miscellaneous\n\n \n\n16  Return of member, family and household effects etc. to place of enlistment\n\n (1) Where an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9, the Chief of the Defence Force shall, if he so requests, arrange for him to travel, at the expense of the Defence Force, from the place where he is serving when he is so transferred or discharged, or his continuous full‑time service is terminated, to the place at which he resided immediately before he became a member or to such other place as is agreed upon between him and the Chief of the Defence Force.\n\n (2) Where:\n\n (a) at the time a person makes application having effect for the purposes of section 7, 8 or 9, he is serving at a place outside Australia;\n\n (b) members of his family who are dependent upon him are at that time living at or near the place where he is so serving or at or near a place outside Australia at which he previously served; and\n\n (c) he has been transferred to a Reserve under section 7, discharged under section 8 or his continuous full‑time service has been terminated under section 9, or the Chief of the Defence Force proposes so transferring or discharging him or terminating his continuous full‑time service under whichever of those sections is applicable;\n\nthe Chief of the Defence Force shall, if the person so requests:\n\n (d) arrange for those members of his family to travel, at the expense of the Defence Force, from the place where they are living referred to in paragraph (b) to the place at which the person resided immediately before he became a member or to such other place in Australia as is agreed upon between the person and the Chief of the Defence Force; and\n\n (e) arrange for such household furniture and such effects of the person and of those members of his family at the place at which they are so living as the Chief of the Defence Force approves to be brought from that place to the place at which the person resided immediately before he became a member or to such other place as is agreed upon between the person and the Chief of the Defence Force.\n\n (3) For the purposes of this section, the members of a family, in relation to any person, are taken to include the following (without limitation):\n\n (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901);\n\n (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in subsection (4);\n\n (c) anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family.\n\n (4) In this section:\n\nchild: without limiting who is a child of a person for the purposes of subsection (3), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\ndependent means wholly or substantially dependent.\n\n17  Refund of gratuity\n\n (1) Where:\n\n (a) an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9; and\n\n (b) subsection (2) of section 10, subsection (2) of section 11 or subsection (2) of section 12 has effect in relation to him;\n\nhe shall pay to Australia an amount equal to the amount of any gratuity paid to him upon his being transferred to a Reserve, upon his being discharged or upon his continuous full‑time service being terminated and shall be deemed not to have received that gratuity.\n\n (2) An amount payable by a person to Australia under this section may be recovered from the person in any court of competent jurisdiction as a debt due to Australia.\n\n (3) In this section, gratuity includes bounty, but does not include a gratuity paid under the Defence Forces Retirement Benefits Act.\n\n18  Service of notice\n\n  A notice by the Chief of the Defence Force under section 13 or 14 may be served on a person:\n\n (a) by delivering the notice to the person; or\n\n (b) by posting the notice by registered post to the person at the address of the person as shown in the records of the arm of the Defence Force of which he is or was a member.\n\n19  Delegation\n\n (1) The Chief of the Defence Force may, by signed writing, delegate to a person any of his or her powers or functions under this Act.\n\n (2) A delegation under this section continues in force despite a change in the occupancy of, or a vacancy in, the office of Chief of the Defence Force.\n\n22  Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Defence (Parliamentary Candidates) Act 1969 | 60, 1969 | 5 Sept 1969 | 5 Sept 1969 |  |\n| Defence (Parliamentary Candidates) Act 1973 | 84, 1973 | 19 June 1973 | 1 Oct 1972 | — |\n| as amended by |  |  |  |  |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | — |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | s. 9(1) |\n| Election Candidates (Public Service and Defence Force) Act 1974 | 59, 1974 | 27 Sept 1974 | Parts II and III (ss. 3–10): 27 Aug 1974   Remainder: Royal Assent | — |\n| Defence Force Re‑organization Act 1975 | 96, 1975 | 9 Sept 1975 | ss. 139(a), (c), (d), 140–143, 144(a), (b), (d), 145, 146(a), (b), (d), (e), 147(b), (c), 149, 151 and 152: 9 Feb 1976 (see Gazette 1975, No. G42) (a)   ss. 138, 139(b), 144(c), 146(c), 147(a), 148, 150, 153 and 154: 28 Oct 1975 (see Gazette 1975, No. G42) (a) | s. 155 |\n| Statute Law Revision Act 1981 | 61, 1981 | 12 June 1981 | s. 115: Royal Assent (b)   s. 116: 30 Sept 1983 (see Gazette 1983, No. S222) (b) | — |\n| Defence Force Superannuation Legislation Amendment Act 1991 | 126, 1991 | 2 Sept 1991 | s 32–36: 2 Sept 1991 (s 2(1)) | — |\n| Defence Legislation Amendment Act (No. 1) 1997 | 1, 1997 | 19 Feb 1997 | Sch 2 (items 5, 24, 25, 50, 81, 82, 89, 107, 108, 130, 143, 144): 19 Feb 1997 (s 2(1)) | — |\n| Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 | 10, 2001 | 22 Mar 2001 | Sch 2 (items 56–59, 94, 95): 19 Apr 2001 (s 2(1)) | Sch 2 (items 94, 95) |\n| Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 4 (item 47): 10 Dec 2008 (s 2(1) item 12) | — |\n| Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 5 (item 3): 24 June 2014 (s 2(1) item 7) | — |\n| Defence Legislation Amendment (First Principles) Act 2015 | 164, 2015 | 2 Dec 2015 | Sch 2 (items 30–35): 1 July 2016 (s 2(1) item 2) | — |\n\n\n \n\n(a) The Defence (Parliamentary Candidates) Act 1969 was amended by sections 139–154 only of the Defence Force Re‑organization Act 1975, section 2 of which provides as follows:\n\n 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.\n\n(b) The Defence (Parliamentary Candidates) Act 1969 was amended by sections 115 and 116 only of the Statute Law Revision Act 1981, subsections 2(1) and (2) of which provide as follows:\n\n (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.\n\n (2) Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation.\n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| Title ................... | am. No. 59, 1974 |\n| Part I |  |\n| s. 4 .................... | rep. No. 216, 1973 |\n| s. 5 .................... | am. No. 84, 1973; No. 96, 1975; No. 61, 1981; No. 126, 1991; No. 1, 1997; No. 10, 2001; No. 164, 2015 |\n| s. 6 .................... | am. No. 96, 1975 |\n| Part II |  |\n| s 7..................... | am. No. 59, 1974; No. 96, 1975; No. 1, 1997; No. 10, 2001; No 31, 2014; No. 164, 2015 |\n| s 8..................... | am. No. 59, 1974; No. 96, 1975; No. 1, 1997; No. 10, 2001; No 31, 2014; No. 164, 2015 |\n| s. 9 .................... | am. No. 59, 1974; No. 96, 1975; No. 61, 1981; No. 1, 1997; No. 10, 2001; No 31, 2014; No. 164, 2015 |\n| Part III |  |\n| s 10.................... | am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997; No. 164, 2015 |\n| s 11.................... | am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997; No. 164, 2015 |\n| s 12.................... | am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997; No. 164, 2015 |\n| s. 13 ................... | am. No. 96, 1975; No. 1, 1997; No. 164, 2015 |\n| s. 14 ................... | am. No. 96, 1975; No. 61, 1981; No. 1, 1997; No. 164, 2015 |\n| s. 15 ................... | am. No. 84, 1973 |\n|  | rep. No. 96, 1975 |\n| Part IV |  |\n| s. 16.................... | am. No. 96, 1975; No. 1, 1997; No. 144, 2008; No. 164, 2015 |\n| s. 17.................... | am. No. 96, 1975 |\n| s. 18 ................... | am. No. 96, 1975; No. 1, 1997; No. 164, 2015 |\n| s. 19 ................... | rs. No. 96, 1975; No. 164, 2015 |\n|  | am. No. 1, 1997 |\n| ss. 20, 21 ................ | rep. No. 96, 1975 |\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act retains its core function—providing a statutory pathway for Defence Force members to leave or alter service status to stand for specified elections and to return if unsuccessful—but its scope and interlocking references have been updated across multiple amendments (see Endnote 3 and Endnote 4). Amendments modernised cross‑references to contemporary superannuation and retirement statutes and rules (s 5 and ss 10–12), adjusted coverage to include certain Territory bodies and the Northern Territory Legislative Assembly (ss 7–9 and long title), and updated administrative provisions (for example definitions of family members and travel/return entitlements, s 16). Those changes preserve the original institutional purpose while changing operational detail and statutory interactions with pensions and benefits schemes."},"complexity_factors":["Multiple actor roles and discretionary powers concentrated in the Chief of the Defence Force and a Ministerial declaration (ss 6–14)","Different procedures for officers, enlisted members and Reservists with distinct re‑instatement mechanics (ss 7–12)","Time limits, deemed applications and compulsory re‑instatement rules that create conditional automatic effects (ss 10–14)","Cross‑references to external rules and statutes (Superannuation Rules, Defence Forces Retirement Benefits Act, Defence Force Retirement and Death Benefits Act) affecting benefits and pensions (s 5; ss 10–12)","Financial adjustments (refund of gratuities) and entitlement treatments that require recovery and interaction with other benefit regimes (s 17)","Administrative processes that depend on Gazette publication and dispute assessment for timing (s 6)","Delegation and regulation powers that permit administrative variation (ss 19–22)","Differing treatment of service while away (deemed leave without pay but counts for long service leave), which has mixed legal effects (ss 10–12)"],"plain_english_summary":"What this law does (mechanics)\n\n- Allows members of the Australian Defence Force to apply to leave active service to stand for certain elections and sets out how they can return if they are unsuccessful. The key options are: transfer of officers to the appropriate Reserve (s 7), discharge of enlisted members (s 8), or termination of continuous full‑time service for Reservists (s 9). The Chief of the Defence Force decides whether to grant those applications (ss 7–9).\n\n- Sets time limits and procedures for returning to service if the candidate is unsuccessful. An unsuccessful officer, enlisted member or Reservist may apply for re‑instatement within two months after the declared date of the election (ss 10–12); in some cases the Chief of the Defence Force can require or treat an application as made (compulsory re‑instatement rules, ss 13–14).\n\n- Defines how the period away from active service is treated for employment and benefits: persons re‑instated are generally treated as having continued membership during the period away but are deemed to have been on leave without pay for many purposes; however, that period counts as service for calculating entitlement to long service leave or furlough (ss 10–12).\n\n- Provides administrative detail: the Minister declares when an election result is \"certain\" (so re‑instatement timeframes begin) and must consider disputes before doing so (s 6); travel and household removals back to a place of enlistment can be paid by the Defence Force if requested (s 16); gratuities paid on transfer/discharge may have to be refunded if re‑instated (s 17); notices and delegations rules are set out (ss 18–19); and the Governor‑General may make regulations to implement the Act (s 22).\n\nWho it affects\n\n- Members of the Defence Force who want to be candidates for the Parliament of Australia, a State Parliament, the Northern Territory Legislative Assembly, or certain prescribed Territory bodies (long title; definition of \"declared date\" and application provisions, s 5 and ss 7–9).\n\n- The Chief of the Defence Force, who has primary decision‑making discretion under the Act on transfers, discharges, terminations of service and re‑instatements (ss 7–14).\n\n- The Minister, who declares when election results are \"certain\" for the purposes of re‑instatement timing and must consider disputes before declaring certainty (s 6).\n\nWhy it matters (stated purpose and practical trade‑offs)\n\n- The Act’s stated purpose (long title) is to provide a statutory process that lets Defence Force members leave or alter their service status to stand for elections and to return to service if they are not elected. This is an explicit administrative pathway between military service and candidacy.\n\n- Costs and who pays: travel and household removal back to a place of enlistment are paid by the Defence Force when requested (s 16). If a member received a gratuity on transfer/discharge and is later re‑instated so that the gratuity is treated as not received, the member must repay that amount to Australia (s 17).\n\n- Incentives and behaviour: the Act creates an opportunity cost and a procedural path for service members who wish to run for office. Members choose whether to apply to leave and to run (ss 7–9). The possibility of re‑instatement (ss 10–12) and the treatment of service while away (deemed leave without pay but counting for long service leave, ss 10–12) shape career and financial incentives around that choice.\n\n- Bureaucratic discretion and compliance burden: many key actions are discretionary (the Chief of the Defence Force “may” transfer, discharge, terminate service, or re‑instatement—ss 7–12). Applicants must apply in writing and generally within two months after the declared date unless the Chief allows more time for \"special circumstances\" (ss 10–12). The Chief may also compel applications by written notice in some cases (ss 13–14). The Minister’s declaration of a \"declared date\" depends on being satisfied the election result is certain and requires consideration of disputes (s 6), which introduces an administrative determination that affects timeframes.\n\n- Legal and benefits interactions: the Act explicitly interacts with other statutory schemes and rules (the Superannuation Rules, Defence Forces Retirement Benefits Act and Defence Force Retirement and Death Benefits Act are referenced in s 5 and in ss 10–12). Those cross‑references determine treatment of pensions, gratuities and service entitlements and therefore affect the financial consequences of leaving and returning.\n\nImplementation risks and trade‑offs (source‑grounded)\n\n- Timing and disputes: the Minister can treat an election as certain 30 days after writ return if no legal dispute exists (s 6(3)), but must consider any dispute or proceedings first (s 6(2)). Administrative choices about when to publish the declared date affect the two‑month application windows for re‑instatement (ss 6 and 10–12).\n\n- Deemed actions and default re‑enlistment: if an eligible person fails to apply in time, the Act allows the Chief to treat the person as having applied or to re‑enlist them automatically (ss 13–14). Those deemed or compulsory mechanisms reduce procedural burden for individuals but increase administrative authority.\n\n- Repayment and benefits adjustments: re‑instatement can trigger repayment of gratuities (s 17) and operates alongside broader superannuation and retirement benefit rules (s 5 references), so financial outcomes depend on multiple instruments.\n\nSummary statement of who decides and who pays\n\n- Decisions about transfers, discharges, terminations and re‑instatement are made by the Chief of the Defence Force (ss 7–14). The Minister decides (and publishes) when the election result is \"certain\" for timing purposes (s 6). Travel and household removal expenses on return are paid by the Defence Force if requested (s 16). Gratuities paid on transfer/discharge may be reclaimable by Australia if the person is later re‑instated (s 17)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: facilitating Defence Force members to stand for parliamentary election while preserving their ability to return if unsuccessful. While amendments have updated terminology (e.g., changing 'Chief of Naval Staff/Chief of General Staff/Chief of Air Staff' to 'Chief of the Defence Force'), expanded the definition of 'family' to include de facto partners, and updated superannuation scheme references, these are modernizations rather than scope expansions. The core mechanism—temporary release for candidacy with reinstatement rights—has remained unchanged since 1969."},"complexity_factors":["Multiple overlapping categories of personnel (officers vs enlisted members vs continuous full-time reservists) requiring parallel but slightly different provisions in Parts II and III","Cross-references to three different superannuation schemes (Defence Forces Retirement Benefits Act 1948, Defence Force Retirement and Death Benefits Act 1973, and Military Superannuation and Benefits Act 1991) in sections 10, 11, and 12","Deeming provisions creating legal fictions (e.g., deemed to have continued service, deemed to have applied, deemed absence on leave without pay)","Time-bound procedural requirements with extensions (two-month application windows with discretionary extensions for 'special circumstances')","Conditional logic for compulsory reinstatement requiring satisfaction of multiple criteria (not nominated, or nominated but failed; no application made; timing constraints)","Definition section includes 10 defined terms plus nested definitions for 'family' in section 16(3)-(4) incorporating external references to the Acts Interpretation Act 1901 and Family Law Act 1975","Section 6 creates a 'declared date' mechanism requiring Gazette notices and 30-day dispute resolution periods before reinstatement rights crystallize"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special process for Australian Defence Force members who want to run for Parliament (or certain other legislative bodies like State parliaments or the Northern Territory Legislative Assembly).\n\n**The basic deal:**\n- **Getting out to campaign:** If you're a permanent member of the Defence Force (Navy, Army, or Air Force) and want to become a candidate, you can apply to leave your position temporarily. Officers get transferred to the Reserve (a part-time military force), while enlisted members get discharged completely. Reservists on full-time contracts can have those contracts terminated.\n- **If you lose the election:** You can apply to get your old job back within two months of the election result being declared. You return with the same rank you had before, and for most purposes (like long service leave), it's treated as if you never left—though you don't get paid for the time you were away campaigning.\n- **If you don't apply:** The Chief of the Defence Force can force you to come back anyway if you lost or weren't nominated, and if you still don't respond, you're deemed to have applied automatically.\n- **Practical support:** The Defence Force pays to move you (and your family and household goods) back to where you enlisted from, if you were serving overseas or away from home.\n- **Paying back bonuses:** If you received a gratuity (a lump sum payment) when you left to campaign, you have to pay it back when you return.\n\n**Who it affects:**\nPermanent Defence Force members and full-time reservists who want to stand for federal, state, or certain territory elections.\n\n**Why it matters:**\nWithout this law, military members would have to quit permanently to run for office, creating a significant disincentive for veterans or serving members to enter politics. This allows them to \"test the waters\" politically without sacrificing their careers if they lose."}},"importantCases":[],"_links":{"self":"/api/acts/defence-parliamentary-candidates-act-1969","history":"/api/acts/defence-parliamentary-candidates-act-1969/history","analysis":"/api/acts/defence-parliamentary-candidates-act-1969/analysis","conflicts":"/api/acts/defence-parliamentary-candidates-act-1969/conflicts","importantCases":"/api/acts/defence-parliamentary-candidates-act-1969/important-cases","documents":"/api/acts/defence-parliamentary-candidates-act-1969/documents"}}