Defence (Parliamentary Candidates) Act 1969

Key definitional and structural concepts are concentrated in Part I and are used throughout the Act. The Act defines core terms that determine who may use its processes and what legal effects follow.

• Member, officer, enlisted member, arm and Reserve: "member" and "officer" follow the Defence Act's internal meaning, with "officer" specifically being "an officer for the purposes of the Defence Act" and "enlisted member" defined as a member who is not an officer (s 5). "Arm of the Defence Force" is the Navy, Army or Air Force, and "Reserve" is the Naval, Army or Air Force Reserve (s 5). These references tether the Act to existing Defence Act categories and to Reserve structures.

• Relevant election and declared date: actions under Part II are tied to elections specified in the member’s application; the "declared date" for an election is set by the Minister by Gazette notice when he is satisfied the result is certain (s 6). The Minister must consider outstanding disputes and proceedings (s 6(2)) and may treat an election as certain 30 days after the return of the writ if no legal challenge has been initiated and there is no reason to believe one will be (s 6(3)). The declared date is the temporal anchor for the two‑month application windows for re‑instatement (see ss 10-12).

• Discretion versus obligation: the statute uses both permissive and mandatory language. The Chief "may" transfer, discharge or terminate continuous full‑time service on application (ss 7-9), indicating an administrative discretion. By contrast, certain post‑departure administrative tasks are mandatory when requested by the member; for example, the Chief "shall, if he so requests, arrange" Defence‑funded travel for the member (s 16(1)), and must arrange family travel and approved household effects carriage if the member requests and the Chief approves (s 16(2)(d),(e)).

• Treatment of service during absence: the Act creates a legal fiction. Where a member is re‑instated under the specified subsections, he or she is to be "deemed to have continued to have been a member" during the absence, while being "deemed to have been absent on leave without pay" for most purposes, subject to exceptions listed in the Act and cross‑referenced statutory instruments (see ss 10(2)-(4), 11(2)-(5), 12(2)-(3)). The Act explicitly excludes certain gratuities from the refund rule (s 17(3)) and references Superannuation Rules and other statutes where different treatment applies (s 10(2), s 11(2), s 12(2)).

• Financial consequences and recovery: a person re‑instated under the specified subsections must repay to Australia any gratuity previously paid on transfer, discharge or termination, and that repayment is recoverable as a debt in court (s 17(1)-(2)). The Act identifies "gratuity" to include "bounty" but not gratuities paid under the Defence Forces Retirement Benefits Act (s 17(3)).

• Procedural tools: the Chief can issue written notices compelling applicants to apply for re‑instatement within statutory timeframes where they did not do so (ss 13-14). Notices can be served by personal delivery or registered post to the address recorded on service files (s 18). The Chief may delegate functions under signed writing and delegations continue despite vacancies (s 19).

The Act is tightly transactional: a member applies, the Chief exercises discretion, and formal administrative effects flow. Cross‑references to other pieces of legislation and to rules (Superannuation Rules; Defence Forces Retirement Benefits Act; Defence Force Retirement and Death Benefits Act) mean that those instruments govern exceptions and the detailed treatment of superannuation and retirement benefits.

The Act affects current members of the Australian Defence Force, both officers and enlisted personnel, and their dependants and household effects. Its reach is operationally limited to those serving in the Permanent Navy, the Regular Army, the Permanent Air Force, and Reservists rendering continuous full‑time service, because those are the classes referenced for the departure mechanisms in Part II (ss 7-9). Definitions in s 5 clarify that "officer" is as defined by the Defence Act; "enlisted member" is a non‑officer member.

Specifically affected groups are:

• Officers in permanent components: Officers who are members of the Permanent Navy, the Regular Army or the Permanent Air Force may apply to be transferred to the appropriate Reserve so they can stand as candidates (s 7). The "appropriate Reserve" is determined with regard to the arm of the Defence Force of which the officer is a member (s 5 definition).

• Enlisted permanent members: A non‑officer member of the permanent components may apply to be discharged to stand as a candidate (s 8).

• Reservists on continuous full‑time service: Members of the Naval, Army or Air Force Reserve who are rendering continuous full‑time service may apply for termination of that service to contest an election (s 9).

• Unsuccessful candidates: Members who make use of the departure provisions and are not elected are affected by the re‑instatement provisions (Parts III, ss 10-14). Those provisions impose application windows, entitlement treatments while absent, rank preservation on return and potential repayment obligations for gratuities (ss 10-12, 17).

• Chief of the Defence Force and Minister: The Chief of the Defence Force is given primary administrative authority to accept applications, exercise discretion to allow transfers, discharges and terminations, and to re‑instatement or compulsorily require applications for re‑instatement (ss 7-14). The Minister has the role of declaring the declared date when satisfied that the election result is certain (s 6), and must consider disputes and proceedings relating to the election before making that declaration (s 6(2)).

• Dependants and household members: The Act addresses family travel and relocation if the applicant requests it and the family are dependent and living at or near the place where the member serves or previously served (s 16(2)). The Acts Interpretation Act 1901 is used to determine "de facto partner" in s 16(3)(a), and the Family Law Act 1975 is referenced for the definition of "child" in s 16(4).

• The Commonwealth/Defence Force as payor and claimant: The Defence Force is the payer of transport and household effects carriage when the member requests it (s 16), and the Commonwealth is a potential recipient of repayment where a gratuity must be refunded (s 17(1)-(2)).

Operationally excluded or limited: the Act does not create criminal offences, nor does it provide for compulsory resignation or an automatic termination of service; each departure begins with the member's application and is subject to the Chief's discretion (ss 7-9). The Act also excludes certain gratuities paid under the Defence Forces Retirement Benefits Act from the repayment rule (s 17(3)).

The Act allocates particular duties and confers specific rights on members, the Chief of the Defence Force and the Minister. The duties are largely administrative and temporal; rights include the ability to seek Relief from continuous service obligations and to be re‑instated with preserved rank and treated as having service continuity for certain entitlements.

Member rights and duties

• Right to apply: A member has a statutory right to apply for transfer to Reserve (officers), discharge (enlisted), or termination of continuous full‑time service (Reservists) if they intend to become a candidate at a specified election (ss 7-9). The application must be made to the Chief of the Defence Force.

• Right to request travel and family relocation at Defence expense: If a person is transferred, discharged or has continuous full‑time service terminated, and they request it, the Chief must arrange travel at Defence expense to their pre‑service residence or an alternative agreed place (s 16(1)). Where the member was serving outside Australia and dependent family live at or near that place, the Chief must, upon the person’s request, arrange travel for the family and carriage of household furniture and effects that the Chief approves (s 16(2)(d),(e)).

• Right to rank and re‑enlistment on return: On successful application for re‑instatement within the deadlines, the member has the right to be transferred back or re‑enlisted with the rank held immediately before the transfer or discharge (ss 10(1), 11(1), 12(1)).

• Duty to repay gratuity on re‑instatement: Where subsections 10(2), 11(2) or 12(2) apply in relation to a person, that person must repay to Australia any gratuity paid on transfer, discharge or termination and is deemed not to have received it (s 17(1)). The repayment may be recovered in court as a debt (s 17(2)).

• Duty to observe application windows: To preserve the right to re‑instatement by application, a member must make a written application not later than two months after the declared date, or seek an extension in special circumstances from the Chief (ss 10(1), 11(1), 12(1)). Failure to apply may trigger compulsory procedures.

Chief of the Defence Force duties and rights

• Discretionary power to allow departure: The Chief may, on application and where satisfied of the applicant’s intention to stand in a specified election, transfer officers to Reserve, discharge enlisted or terminate continuous full‑time service (ss 7-9). The use of "may" reflects administrative discretion.

• Duty to make arrangements when requested: On request by the person affected, the Chief "shall" arrange Defence‑funded travel and, if applicable, family travel and removal of household effects as set out in s 16(1)-(2). That is a mandatory response to a member's request, subject to approval of effects to be conveyed.

• Power to reinstate and to compel application: The Chief "may" reinstate officers, re‑enlist enlisted members and accept Reservists back into continuous service upon timely application (ss 10-12). Where a person has not applied and was not elected, the Chief may require the person by written notice to make a written application within specified periods (ss 13-14). If the person does not then apply, the statute deems an application to have been made and, for enlisted members, deems re‑enlistment to have occurred (s 14(2)).

Ministerial duties and rights

• Power to declare the declared date: The Minister must, when satisfied that the result of the relevant election is certain, publish a notice in the Gazette declaring that date (s 6(1)). Before doing so the Minister must have regard to disputes and proceedings with respect to the election (s 6(2)). The Minister may treat the result as certain 30 days after the return of the writ where no dispute has been initiated and there is no reason to believe one will be initiated (s 6(3)).

Administrative and procedural duties

• Service of notices: Notices under ss 13 and 14 may be served by personal delivery or by registered post to the address shown in Defence records (s 18).

• Delegation and continuity: The Chief may delegate functions by signed writing, and delegations remain valid despite change or vacancy in the office of Chief (s 19).

Entitlements and exceptions

• Service treated as leave without pay but counted for long service leave/furlough: Where re‑instatement provisions apply, the person is generally deemed to have been absent on leave without pay during the period, subject to exceptions under Superannuation Rules and specific provisions of retirement benefits Acts (ss 10(2), 11(2), 12(2)). Notwithstanding this leave without pay deemed status, the period is to be treated as service for calculating entitlement to long service leave or furlough (ss 10(4), 11(5), 12(3)).

• Oath or affirmation modifications: For re‑enlistments under s 11(1), an oath or affirmation required by other law on enlistment may be modified appropriately (s 11(4)); further, s 14(3) removes the requirement for an oath or affirmation when a person is deemed re‑enlisted by operation of s 14(2).

The Act therefore establishes a set of rights to temporary departure and re‑entry into Defence service, administrative duties to process and respond to requests, and a limited set of financial consequences designed to preserve the integrity of gratuities and certain entitlements while enabling political candidacy.

The Act does not create criminal offences or administrative penalties such as fines for non‑compliance with the application and re‑instatement processes. Its enforcement mechanisms are primarily civil and administrative.

Debt recovery

• Repayment of gratuity: The principal enforcement mechanism is the recovery of amounts owed to the Commonwealth. Section 17 requires that where re‑instatement provisions apply, the person shall pay to Australia an amount equal to any gratuity paid upon transfer, discharge or termination, and the person shall be deemed not to have received that gratuity (s 17(1)). Section 17(2) provides a civil enforcement route, permitting recovery of such amounts in any court of competent jurisdiction as a debt due to Australia. This is a conventional civil remedy rather than a penal sanction.

Compulsory administrative action

• Written notices requiring application: The Chief has a power to compel an unsuccessful or non‑nominated person who had been transferred or discharged to make application for re‑instatement by written notice served within prescribed periods (ss 13-14). If the person fails to apply within the period, the statute deems an application to have been made and in the enlisted context deems re‑enlistment to have occurred (s 13(2), s 14(2)). The consequence is administrative restoration of status rather than a monetary penalty.

Service and procedural compliance

• Service of notices: Legal effect for the Chief's notices depends on proper service; s 18 specifies means of service (personal delivery or registered post to the address in Defence records). The Act makes procedural compliance a gating condition for the Chief’s compulsory actions (s 18).

Limits on enforcement

• No express disciplinary or criminal provisions: The Act does not expressly authorise the use of disciplinary measures, suspension, loss of rank or criminal charges for failure to comply with any part of the Act. The only statutory compulsory act is the Chief’s capacity to require an application (ss 13-14), and to deem applications where no timely application is made. Recovery of gratuities is the only express financial enforcement mechanism (s 17).

• Delegation and continuity: The Chief’s powers may be delegated by signed writing and delegations continue despite vacancy (s 19). Enforcement and administrative acts can thus be undertaken by delegates lawfully appointed under s 19(1).

Regulatory frame

• Regulations permitted: Section 22 authorises the Governor‑General to make regulations "not inconsistent with this Act" to prescribe matters necessary or convenient for its administration. Those regulations could set administrative procedure, but they must be within the Act’s scope. The Act itself does not prescribe penalties in regs, and no penal provisions appear in the text.

In short, the Act relies on administrative discretion and civil recovery rather than criminalisation. Its enforcement tools are the Chief’s ability to compel applications and to effect deemed re‑enlistments, and the Commonwealth’s capacity to recover gratuities as debts.

The Act is explicitly written to operate alongside, and sometimes subject to, other Defence and Commonwealth instruments and statutes. It repeatedly cross‑references rules and Acts that govern superannuation, retirement benefits and definitions.

Cross‑referenced statutes and instruments

• Defence Act and Defence Forces categories: The Act imports the Defence Act’s categorisation of "officer" and the general structures of the Defence Force (s 5). That means determinations about who qualifies as an "officer" or how an arm is structured depend on the Defence Act.

• Superannuation Rules and retirement Acts: The Act repeatedly exempts or modifies its treatment of service continuity under Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and sections 52 and 54 of the Defence Force Retirement and Death Benefits Act (see ss 10(2), 11(2), 12(2)). The Act states that except as provided by those instrument provisions, returning members are deemed to have been absent on leave without pay; conversely those external rules may alter superannuation crediting or benefit calculations. The Act thereby defers detailed pension and retirement treatment to the Superannuation Rules and retirement statutes.

• Family and de facto definitions: The Acts Interpretation Act 1901 is imported for the meaning of de facto partner in s 16(3)(a), and the Family Law Act 1975 is referenced for "child" in s 16(4). Those cross‑references determine who qualifies as family and thus who may be entitled to relocation or travel.

• Defence Forces Retirement Benefits Act exclusions: Section 17(3) defines "gratuity" to include bounty but expressly excludes gratuities paid under the Defence Forces Retirement Benefits Act. That creates an interaction where certain retirement gratuities are outside the repayment rule and are governed by the retirement benefits Act.

Temporal anchoring and judicial processes

• Declared date and electoral dispute processes: The Minister must have regard to disputes and proceedings relating to the election before making a declared date (s 6(2)), and may treat an election as certain 30 days after the return of the writ in the absence of challenges (s 6(3)). This creates an operational interaction with electoral and judicial processes determining election validity. The Act defers to those processes by requiring the Minister to consider them.

• Service records and addresses: Service of notices under s 18 uses the address "as shown in the records of the arm of the Defence Force of which he is or was a member". That makes effective notice dependent on Defence administrative records, which themselves operate under other Defence instruments and recordkeeping obligations.

Regulatory overlay

• Regulations under the Act: Section 22 allows Governor‑General made regulations not inconsistent with the Act to prescribe matters necessary to carry it into effect. Those regulations would interact with broader legislative instruments and administrative policy but must remain within the Act's bounds.

Amendment and legislative history interactions

• Amending Acts and modernised terminology: The endnotes show the Act has been amended many times (see Endnotes 3 and 4) and that its provisions have been shaped alongside Defence reorganisation and superannuation law changes. Readers must take care to reconcile this Act with the later Defence legislation and superannuation instruments that the Act cross‑references.

Limitations of the Act’s interaction

• Not exhaustive for benefits or entitlements: Because the Act expressly defers to Superannuation Rules and specified retirement Acts for certain treatments, the Act is not self‑contained as to pension and retirement outcomes. Practitioners must consult those instruments for financial consequence details.

• No override of other law unless expressly stated: The Act contains only limited express deviations (for example, modifying oath requirements for re‑enlistment, s 11(4) and s 14(3)), and where it uses general language it co‑exists with other statutes; it does not purport to amend or displace other rules except as explicitly set out.

The compilation includes a detailed legislative history and amendment table in the endnotes that records principal amendments from the Act’s enactment in 1969 through amendments up to 2015. The Act originally received Royal Assent on 5 September 1969 and commenced the same day (Endnote 3). The endnotes list multiple amending instruments; salient items are summarised below with the source citations taken from the endnotes in the compilation.

Major amendment waves and selected instruments

• Early amendments and 1970s reorganisation: The Defence (Parliamentary Candidates) Act 1973 (No. 84, 1973) amended the Act (Endnote 3). The Election Candidates (Public Service and Defence Force) Act 1974 (No. 59, 1974) amended Parts II and III (ss 3-10) with those parts commencing on 27 August 1974 (Endnote 3). The Defence Force Re‑organization Act 1975 (No. 96, 1975) also made amendments to specified provisions (Endnote 3).

• Statute Law Revision and subsequent technical changes: The Statute Law Revision Acts of 1973 and 1981 made technical amendments (Endnote 3). The 1981 Act amended specified sections and fixed particular commencement dates (Endnote 3 commentary).

• Superannuation and retirement changes: The Defence Force Superannuation Legislation Amendment Act 1991 (No. 126, 1991) amended provisions that interact with Superannuation Rules and retirement entitlements (Endnote 3). The Act’s references to Rules 62 and 63, and sections in retirement Acts, reflect this body of change.

• Modernisation and reserve enhancements: The Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (No. 10, 2001) altered Reserve and related provisions (Endnote 3). The Defence Legislation Amendment (First Principles) Act 2015 (No. 164, 2015) made further amendments, some of which are reflected in the compiled text as of the compilation date (1 July 2016) (Endnote 3).

• Miscellaneous amendments: The Same‑Sex Relationships (Equal Treatment in Commonwealth Laws,General Law Reform) Act 2008 (No. 144, 2008) amended s 16 to reflect modern definitions of family relationships for travel and effect entitlements (Endnote 3). A Statute Law Revision Act 2014 also amended the Act (No. 31, 2014).

Provision‑level amendment notes

Endnote 4 provides a provision level chart showing which specific sections were amended by which Acts. Examples:

• Section 5 has been amended repeatedly, most recently cited as amended by Acts up to No. 164, 2015 (Endnote 4). That is consistent with the Act importing and updating definitions.

• Sections 7-9 (departure provisions) show multiple amendments across 1974, 1975, 1997, 2001, 2014 and 2015 (Endnote 4).

• Re‑instatement sections (10-12) were amended in the 1973, 1975, 1991, 1997 and 2015 rounds (Endnote 4).

• Sections dealing with family travel (s 16) and gratuities (s 17) have also been amended several times (Endnote 4).

Repeals and removed provisions

• The Act repealed the earlier Defence (Parliamentary Candidates) Act 1966 (s 3). Endnote 4 indicates sections 20 and 21 were repealed by the Defence Force Re‑organization Act 1975 and other editorial or repealed provisions are shown in the endnotes.

Editorial notes

• The compilation contains the endnotes that indicate editorial changes authorised by the Legislation Act 2003 and list amending instruments (Endnotes 1-4). Readers should refer to the endnotes for exact amendment citations if needed for historical tracing.

In sum, the Act has been amended multiple times to align with Defence reorganisation, superannuation reform and changes in family law definitions. Those amendments are recorded in the compilation endnotes and must be consulted to understand historical shifts in particular sections.

The compiled text and the endnotes included in this document do not record or cite any litigation. The Act itself does not reference any judicial decisions, and there are no cases named within the statute or its endnotes provided in this compilation. The Minister’s obligations under s 6(2) to have regard to disputes and proceedings in relation to an election presuppose electoral litigation or petitions may exist in practice; however, no instance of judicial interpretation of this Act is included in this compilation.

Practitioners seeking judicial treatment or precedent under this Act must therefore look beyond the compiled text to case law databases or court records external to this compilation. The Act’s provisions are framed administratively and provide concrete procedural steps; absent reported decisions in this compilation, the statutory text and the endnotes together are the primary source for legal obligation and effect.

This Act contains a number of procedural traps and administrative contours that practitioners must note when advising Defence members contemplating candidacy, or when representing Defence in administrative action.

Timing risks and the declared date

• Two month application window: Re‑instatement by application must be made "not later than two months after the date that is the declared date" unless the Chief allows a further period in "special circumstances" (ss 10(1), 11(1), 12(1)). The declared date is set by the Minister once he is satisfied the election result is certain (s 6(1)). Failure to apply within two months triggers the compulsory procedures which result in deemed application or deemed re‑enlistment (ss 13-14). Practitioners must track the declared date in the Gazette and advise clients about strict time limits.

• Minister’s discretion and electoral challenges: The Minister may delay declaring the declared date while there are disputes or proceedings (s 6(2)), and may treat the result as certain 30 days after the return of the writ if there is no reason to anticipate a dispute (s 6(3)). An unresolved dispute can therefore prolong the period before the re‑instatement clock starts, with attendant uncertainty for the member.

Deemed application and re‑enlistment consequences

• Deemed application on default: If the person has not applied and is not elected, the Chief may require application by written notice within the period; failing that, the statute deems the application made on the last day of the two‑month period and, in the enlisted member context, deems the person re‑enlisted on that day (ss 13(2), 14(2)). This statutory deeming extinguishes the member’s ability to delay re‑entry and removes ordinary enlistment formalities such as oath requirements (s 14(3)). Members who wish to avoid automatic re‑entry should act within the timeframes.

Superannuation and benefit uncertainty

• Exceptions to service treatment: The Act declares that the deemed absence on leave without pay is subject to exceptions from Rules 62 and 63 of the Superannuation Rules and specified sections in retirement statutes (ss 10(2), 11(2), 12(2)). Those external instruments may materially alter pension crediting and benefit outcomes. The Act does not specify the detailed financial effect; advisers must consult the Superannuation Rules and the retirement statutes to determine pension, gratuity and benefit consequences.

Gratuity repayment

• Payback obligation: Re‑instatement under the listed subsections triggers a repayment obligation for any gratuity paid on departure (s 17(1)). Practitioners must flag that "gratuity" includes "bounty" but excludes gratuities paid under the Defence Forces Retirement Benefits Act (s 17(3)). The repayment can be enforced as a debt in court (s 17(2)). Members may therefore be required to preserve funds or otherwise anticipate the cash flow consequence of repaying a gratuity.

Travel and approvals

• Approval for household effects: Section 16(2)(e) requires that the household furniture and effects brought back must be "such household furniture and such effects ... as the Chief of the Defence Force approves". That approval is discretionary, which may limit what items are transported or paid for.

Service address and notice delivery

• Reliance on Defence records: Service of notices uses the address shown in Defence records (s 18). Incorrect or outdated addresses in those records can impede valid service and thus affect the operation of s 13 and s 14 notice requirements. Practitioners must ensure Defence records are up to date or that personal service options are used.

Oath and affirmation modifications

• Modified or dispensed oath: The Act authorises modification of enlistment oaths on re‑enlistment (s 11(4)) and removes the oath requirement for deemed re‑enlistments (s 14(3)). That may have administrative significance for members with religious or conscientious objections to the standard oath.

Delegation and administrative variability

• Delegation persists through vacancies: Delegations by the Chief under s 19(1) continue despite a change in occupancy of the office (s 19(2)). Practically, powers under the Act may be exercised by delegates; practitioners must confirm whether a decision came from the Chief personally or a delegated official and ensure that delegation was properly executed in signed writing.

Regulatory gap risk

• Regulations may fill gaps: Section 22 empowers regulations "not inconsistent with this Act". In practice, administrative practice or regulations made under s 22 may supply procedural detail not present in the Act; absence of published regulations or policy can leave administrators and members uncertain about particulars.

No criminal sanctions or appeal route in the Act

• Limited judicial recourse set out: The Act does not itself establish an internal review or appeal right against Chief of the Defence Force decisions (for example, refusal to allow transfer or discharge). It also contains no express disciplinary or criminal penalties. Remedies may therefore be limited to general administrative law or other statutes, which are not addressed in this Act.

In short, the primary operational risks are timing around the declared date and two‑month windows, the financial obligation to repay gratuities upon return, uncertainties stemming from external superannuation and retirement rules, and administrative dependence on Chief’s discretion, approvals and delegation. Each of these is governed directly by the sections cited above.

This section provides a practical checklist and procedural notes drawn directly from the Act’s provisions that a member or an adviser should follow to comply with the statute and preserve rights.

Pre‑application steps

• Verify status and definitions: Confirm whether the person is an officer (as defined by the Defence Act), an enlisted member, or a Reservist rendering continuous full‑time service (s 5). The availability of ss 7-9 depends on that categorisation.

• Specify the election: The application for transfer, discharge or termination must specify the election at which the member intends to become a candidate (ss 7-9). Be precise about the election and ensure the specified election is the one for which the candidate will be nominated.

Submitting the application

• Submit a written application to the Chief of the Defence Force: For officers applying to be transferred to the appropriate Reserve, for enlisted members applying for discharge, and for Reservists seeking termination of continuous full‑time service, the applicant must satisfy the Chief that they intend to become a candidate at the specified election (ss 7-9). The Act requires a written application to the Chief.

• Maintain documentary proof of intention: Although the statute requires the applicant to "satisfy" the Chief, best practice is to supply a formal statement of intention and supporting evidence of candidacy planning or party endorsement where available.

Travel, family and effects requests

• If relocation or family travel is required, request it formally: Section 16 requires the Chief to arrange travel at Defence expense "if he so requests". Make a formal, contemporaneous written request for member travel and, where relevant, for family travel and household effects carriage (s 16(1)-(2)). For overseas serving members, ensure records demonstrate that dependent family members are living at or near the place of service (s 16(2)(b)).

• Itemise household effects for approval: Since the Chief approves which household furniture and effects will be moved (s 16(2)(e)), supply an inventory and justification to expedite approval.

Preparing for the declared date and application windows

• Monitor the Gazette for the declared date: The declared date is published by the Minister when satisfied the result of the election is certain (s 6(1)). The declared date triggers the two‑month application window for re‑instatement. Monitor the Gazette closely and record the declared date promptly.

• Anticipate electoral challenges: Advise the member that if election validity is disputed or legal proceedings are pending, the Minister may delay making a declared date until disputes are resolved and must have regard to disputes under s 6(2). The declared date may also be treated as 30 days after the return of the writ where no dispute is anticipated (s 6(3)).

Re‑instatement procedure

• Apply within two months: To preserve the ordinary re‑instatement route, submit a written application to the Chief of the Defence Force not later than two months after the declared date, or seek a special‑circumstances extension from the Chief (ss 10(1), 11(1), 12(1)). Where possible, file early to avoid complications.

• Preserve rank and appointment details: Include evidence of the rank and the appointment held immediately before departure to facilitate rank restoration and to identify whether any appointment period calculations may be affected by deemed leave without pay (ss 10(1), 10(3), 11(1), 11(3)).

If application not made

• If the member does not apply and is not elected, expect a written requirement from the Chief: The Chief may issue a written notice requiring the person to apply for re‑instatement within the two‑month period after the declared date (ss 13(1), 14(1)). Ensure contact details in Defence records are current for proper service (s 18).

• Be aware of deemed application / re‑enlistment: Failure to respond may result in a deemed application on the last day of the period and, for enlisted persons, a deemed re‑enlistment (ss 13(2), 14(2)). If the member wishes to avoid automatic re‑enlistment, timely action is required.

Financial compliance

• Anticipate gratuity repayment: If re‑instatement under ss 10(2), 11(2) or 12(2) applies, prepare to repay any gratuity paid on departure, including bounties (s 17(1),(3)). The repayment can be recovered as a debt (s 17(2)). Seek early financial advice and hold records of gratuity payments.

Oaths and enlistment formalities

• If re‑enlisted under s 11(1), be prepared for modified oaths: Section 11(4) permits modification of required oaths or affirmations for re‑enlistment; if specific oath language is required by other law, confirm whether and how it will be modified.

Delegation and administrative contact

• Confirm decision‑maker and delegate authority: The Chief may delegate functions by signed writing and delegations remain effective despite vacancy (s 19). Confirm whether decisions are made by the Chief or a delegate and ensure that communications are addressed to the correct officer.

Recordkeeping and addresses

• Update Defence records: Because service of compulsory notices under s 18 can be by registered post to the address in Defence records, ensure contact and address details in Defence files are current. Keep copies of applications and correspondence.

Regulatory compliance

• Check for regulations under s 22: Verify whether regulations have been made under s 22 implementing or clarifying procedures. If regulations exist, ensure application and re‑instatement actions comply with them.

Cross‑check with superannuation and retirement instruments

• Consult Superannuation Rules and retirement Acts: Because the Act defers to Rules 62 and 63 of the Superannuation Rules and to specified sections of retirement Acts for certain treatments (ss 10(2), 11(2), 12(2)), seek advice from the Defence finance or superannuation branches or legal advisers to understand pension and retirement effects.

Practical sequence checklist

1. Identify status (officer/enlisted/Reservist) and intended election (s 5; ss 7-9).
2. Prepare and lodge a written application to the Chief setting out intention and election (ss 7-9).
3. Lodge formal written requests for any travel or family relocation and provide inventories for household effects (s 16).
4. Monitor the Gazette and Ministerial notices for the declared date (s 6).
5. If unsuccessful, file written application for re‑instatement within two months of the declared date or seek a special‑circumstances extension from the Chief (ss 10-12).
6. If no application is made and the person is not elected, be prepared to receive a Chief’s notice and to be deemed to have applied or been re‑enlisted (ss 13-14; s 18).
7. Prepare to repay any gratuity where required (s 17).
8. Update Defence address records and confirm the identity of any delegate exercising Chief functions (s 19; s 18).

Following these steps and paying attention to the sections cited will align a member’s actions with the Act’s procedural and financial rules.