Section 26 - Defence Force Re-organization Act 1975 - The Principal Act is amended by inserting after section 32a, in Division 1 of Part III, the following section:— | Zoe
26 The Principal Act is amended by inserting after section 32a, in Division 1 of Part III, the following section:—
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.”.
Heading of Division 2 of Part III amended.
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”.
Organization of the Army.
(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.
Repeal of section 35a.
Section 35a of the Principal Act is repealed.
Period of enlistment.
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 immediately after the expiration of the period for which, on enlistment or previous re-engagement, the soldier had volunteered to serve.”.
Oath on enlistment.
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.”.
Discharge upon expiration of period of engagement.
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).
Discharge of members of reserves.
Section 41 of the Principal Act is amended by omitting sub-section (3).
Discharge or dismissal of soldiers.
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:”.
Australian Cadet Corps.
(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:—
“(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;
(c) the pay and allowances, including travelling allowances, of members;
(d) the medical and dental treatment of members; and
(e) the provision of travelling facilities for members.
“(8) In sub-section (7), ‘member’ means an officer or cadet in the Australian Cadet Corps.
“(9) Subject to the regulations and to the directions of the Minister, the Chief of the General Staff shall administer the Australian Cadet Corps.”.
(2) A person who, immediately before the commencement of this section, was a member of the Australian Cadet Corps, shall, subject to the provisions of section 62 of the Principal Act as amended by subsection (1) of this section, continue to be a member of the Australian Cadet Corps with the same rank as he held immediately before the commencement of this section.
General powers for defence purposes.
(1) Section 63 of the Principal Act is amended—
(a) by omitting paragraph (dc) of sub-section (1) and substituting the following paragraph:—
“(db) Establish, maintain and operate undertakings for research, design or development purposes in respect of matters related to the defence of Australia; ”; and
(b) by omitting sub-section (3).
(2) Any undertaking that, immediately before the commencement of this section, was being maintained and operated under the Supply and Development Act 1939-1973 for the purpose of research, design or development and which is, after the commencement of this section, specified for the purposes of this sub-section by the Governor-General by notice published in the Gazette, shall, on the date on which the notice is so published or such later date as is specified in the notice, be deemed to have been established under paragraph 63(1)(db) of the Principal Act as amended by sub-section (1) of this section, and the Principal Act as so amended shall, on and from that date, apply to and in relation to it accordingly.
Authority to enter lands for training.
Section 69 of the Principal Act is amended by omitting from sub-section (2) the words “by any member of the Defence Force, who has surveyed the land”.
Repeal of sections 71 and 72.
Sections 71 and 72 of the Principal Act are repealed.
Supplying inferior food, material and equipment.
Section 73c of the Principal Act is amended—
(a) by omitting from sub-section (1) the words “to the Commonwealth or any officer of the Commonwealth”; and
(b) by omitting from sub-section (2) the words “Any officer of the Commonwealth” and substituting the words “Any person”.
Making and disposal of service decorations.
Section 80b of the Principal Act is amended—
(a) by omitting from paragraph (a) of sub-section (2) the words “the Commonwealth” and substituting the words “the Australian Government, an authority established by or under a law of Australia or any other prescribed authority”;
(b) by inserting in paragraph (a) of sub-section (4), before the words “service decorations”, the words “, or to sell or otherwise dispose of,”; and
(c) by inserting after sub-section (5) the following sub-section: —
“(5a) Where a person upon whom a service decoration has been conferred has died, a member of the family of that person shall, for the purposes of sub-section (5), be taken to be entitled to wear the decoration under circumstances where the member of the family does not represent himself or herself as the person upon whom the decoration was conferred.”.
Unauthorized use, possession or supply of uniforms and emblems.
(1) Section 83 of the Principal Act is amended—
(a) by omitting from sub-section (2) the words ‘‘the Naval, Military or Air Forces of the Commonwealth” and substituting the words “the Australian Navy, the Australian Army or the Australian Air Force”;
(b) by omitting sub-section (3) and substituting the following sub-section:—
“(3) An authority for the purposes of sub-section (1) shall be in writing signed by the Minister, or by a person authorized in writing by the Minister, and shall be subject to such limitations (if any) as are specified in the authority. ”; and
(c) by omitting from sub-section (7) the definition of “emblem” and substituting the following definition: —
“ ‘emblem’ includes a badge, a regimental or other similar distinctive mark, an armlet, a flag, an ensign or a standard;”.
(2) An authority given before the commencement of this section under sub-section 83(3) of the Principal Act for the purposes of sub-section (1) of that section, being an authority 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 given immediately after the commencement of this section by the Minister under sub-section 83(3) of the Principal Act as amended by sub-section (1) of this section.
Section 85 of the Principal Act is repealed and the following section substituted: —
Penalties.
“85. Where a person contravenes or fails to comply with any provision of this Act or of the regulations, being a contravention or failure in respect of which no penalty is provided, the person is guilty of an offence punishable upon conviction by a fine not exceeding $100. ”.
Penalty for disobedience of summons.
Section 95 of the Principal Act is amended by omitting the word “court” (wherever occurring) and substituting the word “court-martial”.
Counsel allowed.
Section 96 of the Principal Act is amended by omitting all the words from and including “And if” to the end of that sub-section.
Powers of court-martial as to sentencing.
Section 97 of the Principal Act is amended by omitting from paragraph (a) the words “or discharge”.
No sentence of death by court- martial.
Section 98 of the Principal Act is amended by omitting all the words from and including “except for” to the end of that sub-section.
Proceedings of court-martial not void for want of form, &c.
Section 100 of the Principal Act is amended by omitting the words “constituted or appointed under this Act”.
Deduction of penalty from pay.
Section 107 of the Principal Act is amended by inserting before the word “Court” the words “court-martial or”.
Repeal of section 110.
Section 110 of the Principal Act is repealed.
Subscription arms, &c., vested in commanding officer.
Section 111 of the Principal Act is amended by omitting from sub-section (1) all the words from and including “No gift” to the end of that sub-section.
Power to discharge or disrate members of Citizen Forces.
Section 112 of the Principal Act is amended by omitting the words “(not being a person who is rendering service in accordance with the National Service Act 1951)”.
Power to arrest and detain in military custody.
Section 113 of the Principal Act is amended by omitting the words “members of the Reserve Forces or the Citizen Forces” and substituting the words “a member of the Reserve Forces or of the Citizen Forces who is not rendering continuous full-time service”.
Section 119 of the Principal Act is repealed and the following section substituted: —
Forfeiture of salary in certain circumstances.
“119. The regulations may make provision for and in relation to the forfeiture, in whole or in part, of the salary of, and of the allowances of, a member of the Defence Force who is awaiting or undergoing trial on any charge in respect of which he is later convicted, is undergoing detention or imprisonment or is absent without leave.”.
Proof of warrant, &c.
Section 121 of the Principal Act is amended by omitting the words “, or of any of the State Acts mentioned in the First Schedule,”.
Intoxicating liquor.
(1) Section 123a of the Principal Act is amended by omitting the words “Military Board” (wherever occurring) 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 123a 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 under section 123a of the Principal Act as amended by sub-section (1) of this section.
Intoxicating liquor not to be supplied to certain cadets.
Section 123aa of the Principal Act is amended by omitting the words “while he is in uniform”, and substituting the words “who is under such age as is prescribed and is in uniform”.
Affirmation in lieu of oath.
Section 123ba of the Principal Act is amended by omitting from sub-section (1) the words “and that person conscientiously objects to take an oath, he may make an affirmation” and substituting the words “, he may, if he so wishes, make an affirmation”.