Schedule 2Structure of the Defence Force

###### Schedule 2—Structure of the Defence Force Part 1—Amendments Air Force Act 1923 1 Sections 4A, 4B, 4C and 4D Repeal the sections, substitute: 4A Australian Air Force The Australian Air Force consists of 2 parts: (a) the Permanent Air Force; and (b) the Air Force Reserve. 4B Permanent Air Force The Permanent Air Force consists of: (a) officers appointed to, and airmen enlisted in, the Permanent Air Force; and (b) officers and airmen transferred to the Permanent Air Force from: (i) the Air Force Reserve; or (ii) the Australian Navy; or (iii) the Australian Army. 4C Air Force Reserve The Air Force Reserve consists of: (a) officers appointed to, and airmen enlisted in, the Air Force Reserve; and (b) officers and airmen transferred to the Air Force Reserve from: (i) the Permanent Air Force; or (ii) the Australian Navy; or (iii) the Australian Army. 2 Sections 4H and 4HA Repeal the sections. 3 Subsections 4J(1), (2), (2A) and (2B) Repeal the subsections, substitute: (1) A member of the Air Force Reserve is not bound to render continuous full time air‑force service otherwise than: (a) as provided in this section; or (b) as a result of a call out order under section 50D, 51A, 51B or 51C of the Defence Act. (2) The regulations must set, or provide for the setting of, training periods for the Air Force Reserve. > Note: Different training periods may be set for different parts of the Air Force Reserve or for different classes of members of the Air Force Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901. (2A) A member of the Air Force Reserve is bound to render, in each training period, air‑force service (other than continuous full time air‑force service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service. > Note: Different service may be required of different parts of the Air Force Reserve, or of different classes of members of the Air Force Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901. Note: The heading to section 4J is altered by omitting “Australian”. 4 Subsections 4J(3) and (4) Omit “Australian”. 5 Subsections 4J(5) and (6) Repeal the subsections. 6 Subsection 8A(1) Omit “sections 4H, 4HA and 4J”, substitute “section 4J”. Defence Act 1903 7 Subsection 4(1) Insert: > Permanent Forces means the Permanent Navy, the Regular Army and the Permanent Air Force. 8 Subsection 4(1) Insert: > Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve. 9 Subsection 4(1) (definition of The Emergency Forces) Repeal the definition. 10 Subsection 4(1) (definition of The Permanent Forces) Repeal the definition. 11 Subsection 4(1) (definition of The Reserve Forces) Repeal the definition. 12 Division 1 of Part II (heading) Repeal the heading. 13 Subsection 9BA(1) Omit “Division 3”, substitute “the regulations”. 14 Divisions 2, 3 and 3A of Part II Repeal the Divisions. 15 Division 4 of Part II (heading) Repeal the heading. 16 Section 27A Repeal the section. 17 Sections 31, 32 and 32A Repeal the sections, substitute: 31 Australian Army The Australian Army consists of 2 parts: (a) the Regular Army; and (b) the Army Reserve. 32 Regular Army The Regular Army consists of: (a) officers appointed to, and soldiers enlisted in, the Regular Army; and (b) officers and soldiers transferred to the Regular Army from: (i) the Army Reserve; or (ii) the Australian Navy; or (iii) the Australian Air Force. 32A Army Reserve The Army Reserve consists of: (a) officers appointed to, and soldiers enlisted in, the Army Reserve; and (b) officers and soldiers transferred to the Army Reserve from: (i) the Regular Army; or (ii) the Australian Navy; or (iii) the Australian Air Force. 18 Division 2 of Part III (heading) Repeal the heading, substitute: Division 2—The raising of the Army 19 Sections 36 to 44A Repeal the sections. 20 Section 45 Repeal the section, substitute: 45 Service of the Regular Army Members of the Regular Army are bound to render continuous full time military service. 21 Section 48A Repeal the section. 22 Subsections 50(1), (2), (2A) and (2B) Repeal the subsections, substitute: (1) A member of the Army Reserve is not bound to render continuous full time service otherwise than: (a) as provided in this section; or (b) as a result of a call out order under section 50D, 51A, 51B or 51C. (2) The regulations must set, or provide for the setting of, training periods for the Army Reserve. > Note: Different training periods may be set for different parts of the Army Reserve or for different classes of members of the Army Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901. (2A) A member of the Army Reserve is bound to render, in each training period, military service (other than continuous full time military service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service. > Note: Different service may be required of different parts of the Army Reserve, or of different classes of members of the Army Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901. Note: The heading to section 50 is altered by omitting “Australian”. 23 Subsections 50(3) and (4) Omit “Australian”. 24 Subsections 50(5) and (6) Repeal the subsections. 25 Paragraph 51G(b) Omit “Emergency Forces or the Reserve Forces”, substitute “Reserves”. 26 Paragraph 52(1)(b) Omit “the Reserve Forces and members of the Emergency Forces”, substitute “the Reserves”. 27 Subsections 120A(1) and (1A) Repeal the subsections. 28 Subsection 120A(3) Repeal the subsection. 29 Subsection 120A(4) Omit “10C, 17, 26, 39, 44, 45, 48A,”. 30 Subsection 120A(4AA) Omit “16, 21, 22, 24, 25, 25B, 25D, 27AA, 44A,”. 31 Subsections 120A(4AB) and (4C) Omit “27AA, 44A,”. 32 Paragraph 124(1)(a) After “reduction in rank”, insert “, retirement”. 33 After paragraph 124(1)(a) Insert: (aa) the transfer of members between different arms, or parts of arms, of the Defence Force; (ab) the training of members; (ac) conditions of service of members; 34 After subsection 124(1A) Insert: (1AA) Regulations under subsection (1) may make provision in relation to: (a) the appointment or reappointment of a member; or (b) the enlistment or re‑enlistment of a member; or (c) the service of a member; on the basis that, after a specified time or on a specified event occurring, the member may or must transfer to a different arm, or part of an arm, of the Defence Force, or in relation to other similar arrangements. > Note: Example: The regulations might allow for a soldier to enlist for a total of 8 years, with the first 4 years to be served in the Regular Army and the last 4 years in the Army Reserve, or vice versa, or any other combination of service. (1AB) Subsection (1AA) does not limit the scope of subsection (1). Defence Force Discipline Act 1982 35 Subsection 3(1) (definition of defence member) Repeal the definition, substitute: > defence member means: (a) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or (b) a member of the Reserves who: (i) is rendering continuous full‑time service; and (ii) is on duty or in uniform. 36 Subsection 3(1) (definition of Emergency Forces) Repeal the definition. 37 Subsection 3(1) (definition of Reserve Forces) Repeal the definition. 38 Subsection 3(1) Insert: > Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve. 39 Subsection 3(4) Repeal the subsection, substitute: (4) For the purposes of subparagraph (b)(ii) of the definition of defence member in subsection (1): (a) a member of the Reserves is taken to be on duty from the time appointed for him or her to report to, or to attend at, a specified place for any naval, military or air force service that he or she is required to render by or under the Defence Act 1903, the Naval Defence Act 1910 or the Air Force Act 1923 until he or she is released or discharged from that service; and (b) a member of the Reserves is taken to be on duty while acting, or purporting to act, in his or her capacity as a member of the Reserves. Defence Force (Home Loans Assistance) Act 1990 40 Section 3 (subparagraph (h)(i) of the definition of eligible person) Repeal the subparagraph, substitute: (i) who is a member of the Reserves; and 41 Section 3 Insert: > Reserves has the same meaning as in the Defence Act 1903. 42 Section 3 (definition of The Emergency Forces) Repeal the definition. 43 Section 3 (definition of The Reserve Forces) Repeal the definition. Defence Force Retirement and Death Benefits Act 1973 44 Subsection 3(1) (definition of Permanent Forces) Repeal the definition, substitute: > Permanent Forces means the Permanent Navy, the Regular Army and the Permanent Air Force. 45 Subsection 3(1) (definition of Reserve) Repeal the definition, substitute: > Reserve means: (a) in relation to a member of the Navy—the Naval Reserve; and (b) in relation to a member of the Army—the Army Reserve; and (c) in relation to a member of the Air Force—the Air Force Reserve. 46 Paragraph 5A(1)(b) Omit “the Reserve Forces or the Emergency Forces”, substitute “a Reserve”. 47 Paragraph 61B(1)(d) Omit “the Emergency Forces or the Reserve Forces”, substitute “a Reserve”. 48 Paragraph 61B(3)(a) Omit “the Emergency Forces or the Reserve Forces”, substitute “a Reserve”. Defence Forces Retirement Benefits Act 1948 49 Subsection 4(1) (definition of Permanent Forces) Repeal the definition, substitute: > Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force. 50 Subsection 4(1) (definition of Reserve) Repeal the definition, substitute: > Reserve means: (a) in relation to a member of the Navy—the Naval Reserve; and (b) in relation to a member of the Army—the Army Reserve; and (c) in relation to a member of the Air Force—the Air Force Reserve. 51 Fourth Schedule (table, heading to columns 1 and 2) Repeal the heading, substitute “Permanent Navy”. 52 Fourth Schedule (table, heading to column 3) Repeal the heading, substitute “Regular Army”. Defence Forces Special Retirement Benefits Act 1960 53 Title Omit “Australian”. 54 Subparagraph 4(2)(a)(i) Omit “Australian”. 55 Paragraphs 4(2)(d) and (e) Omit “Australian”. Defence (Parliamentary Candidates) Act 1969 56 Subsection 5(1) (definition of Reserve) Repeal the definition, substitute: > Reserve means: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve. 57 Paragraph 7(1)(a) Repeal the paragraph, substitute: (a) an officer who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the appropriate service chief to be transferred to the appropriate Reserve; and 58 Paragraph 8(a) Repeal the paragraph, substitute: (a) an enlisted member who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the appropriate service chief to be discharged from that arm of the Defence Force; and 59 Paragraph 9(a) Repeal the paragraph, substitute: (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 appropriate service chief for the termination of that service; and Employment Services Act 1994 60 Paragraph 42(1)(h) Omit “Reserve Forces”, substitute “the Reserves”. 61 Subsection 42(5) Omit “Reserve Forces”, substitute “Reserves”. Income Tax Assessment Act 1997 62 Section 51‑5 (table items 1.3 and 1.4) Repeal the items, substitute: | 1.4 | a member of:(a) the Naval Reserve; or(b) the Army Reserve; or(c) the Air Force Reserve | pay and allowances as a member | except pay and allowances for continuous full time service | | --- | -------------------------------------------------------------------------------------- | ------------------------------ | ---------------------------------------------------------- | Jury Exemption Act 1965 63 The Schedule Omit “the Reserve Forces” (wherever occurring), substitute “the Reserves”. Long Service Leave (Commonwealth Employees) Act 1976 64 Paragraph 12(10)(a) Repeal the paragraph, substitute: (a) on continuous full‑time service in the Reserves (within the meaning of the Defence Act 1903); or 65 Paragraph 12(10)(b) Omit “those Forces”, substitute “the Reserves”. Military Superannuation and Benefits Act 1991 66 Paragraphs 6(1)(b) and (c) Omit “the Emergency Forces or the Reserve Forces”, substitute “the Reserves”. Naval Defence Act 1910 67 Part II Repeal the Part. 68 Sections 19, 20, 21 and 22 Repeal the sections, substitute: 19 Australian Navy The Australian Navy consists of 2 parts: (a) the Permanent Navy; and (b) the Naval Reserve. 20 Permanent Navy The Permanent Navy consists of: (a) officers appointed to, and sailors enlisted in, the Permanent Navy; and (b) officers and sailors transferred to the Permanent Navy from: (i) the Naval Reserve; or (ii) the Australian Army; or (iii) the Australian Air Force. 21 Naval Reserve The Naval Reserve consists of: (a) officers appointed to, and sailors enlisted in, the Naval Reserve; and (b) officers and sailors transferred to the Naval Reserve from: (i) the Permanent Navy; or (ii) the Australian Army; or (iii) the Australian Air Force. 69 Sections 25 to 30A Repeal the sections. 70 Section 31 Omit “Naval Forces”, substitute “Navy”. Note: The heading to section 31 is altered by omitting “Naval Forces” and substituting “Navy”. 71 Sections 32 and 32AA Repeal the sections. 72 Subsections 32A(1), (2) and (2A) Repeal the subsections, substitute: (1) A member of the Naval Reserve is not bound to render continuous full time naval service otherwise than: (a) as provided in this section; or (b) as a result of a call out order under section 50D, 51A, 51B or 51C of the Defence Act. (2) The regulations must set, or provide for the setting of, training periods for the Naval Reserve. > Note: Different training periods may be set for different parts of the Naval Reserve or for different classes of members of the Naval Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901. (2A) A member of the Naval Reserve is bound to render, in each training period, naval service (other than continuous full time naval service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service. > Note: Different service may be required of different parts of the Naval Reserve, or of different classes of members of the Naval Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901. Note: The heading to section 32A is altered by omitting “Australian”. 73 Subsections 32A(3) and (4) Omit “Australian”. 74 Subsections 32A(5) and (6) Repeal the subsections. 75 Subsections 44B(1), (1A) and (2) Repeal the subsections. 76 Subsection 44B(3) Omit “sections 11, 13, 17A, 28, 30, 32, 32AA and”, substitute “section”. 77 Subsections 44B(3A), (3B) and (3C) Repeal the subsections. Social Security Act 1991 78 Paragraph 8(8)(w) Repeal the paragraph, substitute: (w) in the case of a member of: (i) the Naval Reserve; or (ii) the Army Reserve; or (iii) the Air Force Reserve; the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full‑time service); 79 Paragraph 541D(1)(h) Omit “Reserve Forces”, substitute “Reserves”. 80 Section 542G Repeal the section, substitute: 542G Training camp exemption A person has a training camp exemption if the person is attending a training camp as a member of: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve. 81 Paragraph 601(2A)(h) Omit “Reserve Forces”, substitute “Reserves”. 82 Subsection 601(7) Repeal the subsection, substitute: (7) In this section: > Reserves means: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve. 83 Subsection 603(1) Repeal the subsection, substitute: (1) A person is taken to satisfy the activity test in respect of a period when the person is attending a training camp as a member of: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve. 84 Section 1212 (definition of Reserve service) Repeal the definition, substitute: > Reserve service means attending a training camp as a member of any of the following: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve. Superannuation Guarantee (Administration) Act 1992 85 Section 29 Note: The heading to section 29 is altered by omitting “Reserve Forces” and substituting “Reserves”. Superannuation Act 1922 86 Subsection 4(1) (paragraph (a) of the definition of Service) Repeal the paragraph, substitute: (a) continuous service as a member of the Permanent Navy, the Regular Army or the Permanent Air Force; and Veterans’ Entitlements Act 1986 87 Paragraph 5H(8)(za) Repeal the paragraph, substitute: (za) in the case of a member of: (i) the Naval Reserve; or (ii) the Army Reserve; or (iii) the Air Force Reserve; the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full‑time service); Part 2—Saving and transitional provisions 88 Saving—appointments of Chiefs under the Defence Act Although item 13 amends subsection 9BA(1) of the Defence Act 1903, that subsection continues to apply, in relation to a person who held an appointment under subsection 9(1) or 9AA(1) of that Act immediately before that item commenced, as if that amendment, and the repeal of Division 3 of Part II of that Act, had not happened. 89 Saving—other appointments under the Defence Act Although item 14 repeals Divisions 2, 3 and 3A of Part II of the Defence Act 1903, those provisions continue to apply, in relation to a person who held an appointment under subsection 10(1) of that Act immediately before that item commenced, as if the repeal had not happened. 90 Saving—enlistments under the Defence Act Although item 19 repeals sections 36 to 44A of the Defence Act 1903, those sections continue to apply, in relation to a person who was enlisted under subsection 36(3) of that Act immediately before that item commenced, as if the repeal had not happened. 91 Saving—appointments under the Naval Defence Act Although item 67 repeals Part II of the Naval Defence Act 1910, that Part continues to apply, in relation to a person who held an appointment under subsection 8(1) of that Act immediately before that item commenced, as if the repeal had not happened. 92 Saving—enlistments under the Naval Defence Act Although item 69 repeals sections 25 to 30A of the Naval Defence Act 1910, those sections continue to apply, in relation to a person who was enlisted under subsection 25(3) of that Act immediately before that item commenced, as if the repeal had not happened. 93 Most of the old provisions may be superseded by new regulations (1) However, the repealed provisions mentioned in items 89, 90, 91 and 92 continue to apply under those items only to the extent that they are consistent with regulations made after the repeal for the purposes of section 124 of the Defence Act 1903. (2) If such regulations are made, then: (a) to the extent of the inconsistency, those provisions permanently cease to apply from the time that the inconsistency arises; and (b) the regulations apply despite being inconsistent with those provisions. 94 Saving—old regulations (1) Regulations that were in effect under any Act immediately before the commencement of this item continue to have effect after that time as if members of an arm of the Defence Force who were members of a particular part or component of that arm immediately before the commencement of this item were still members of that part or component after that time, even if that part or component no longer exists. Example: Assume that, immediately before the commencement of this item, regulations imposed training obligations on members of the Air Force Specialist Reserve. Those obligations would continue to apply to former members of that Reserve after commencement, even though the Air Force Specialist Reserve itself is no longer mentioned in the Air Force Act 1923 and the members have now become members of the Air Force Reserve. (2) However, regulations that continue in effect under this item do so only to the extent that they are not amended or revoked by later regulations. 95 Regulations about transitional matters (1) The regulations may make provision in relation to other saving and transitional matters in connection with the amendments made by this Schedule. (2) In particular, such regulations may deal with the status, after the commencement of the amendments, of persons who were members of the Defence Force immediately before that time. (3) Subitem (2) does not limit the scope of subitem (1).