Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
The Defence Regulation 2016 is the Australian Defence Force’s rulebook under the Defence Act 1903, setting how the ADF is run — appointments, enrolment and discharge, medical care, honours, complaints and interactions with civilians and visiting forces. Recent expansions target sexual violence (broadly defined) and counter-drone powers for protecting defence assets. It affects serving and former ADF members, Defence staff and contractors, nearby landowners, and operators seeking to use military names or fly near defence sites.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Defence Regulation 2016.
This is the Defence Regulation 2016.
This instrument is made under the Defence Act 1903.
The objects of this instrument are as follows: (a) to facilitate the good governance and the effective and efficient operation of the Defence Force; (b) to provide the Chief of the Defence Force with the flexibility to deliver capability and preparedness outcomes (including developing force structure options); (c) to achieve the Government’s objectives and to provide stewardship of the Defence Force; (d) to provide personnel management that supports the appointment, enlistment, promotion and retention of appropriate persons for service in the Defence Force.
Note: Command in chief of the Defence Force is vested in the Governor‑General: see section 68 of the Constitution.
(1) In this instrument:
Act means the Defence Act 1903.
air turbulence means a movement of air with an upward vertical velocity of 4.3 metres per second.
Australian court means a federal court or a court of a State or Territory.
Australian Government officer means:
(a) a person who holds an office or appointment under a law of the Commonwealth; or
(b) an APS employee; or
(c) a person employed by a body corporate incorporated for a public purpose under a law of the Commonwealth; or
(d) a contractor engaged by the Commonwealth or by a body corporate mentioned in paragraph (c).
Australian tribunal means a tribunal of the Commonwealth, a State or a Territory.
authorised application officer: see subsection 37B(2).
authorised complaint recipient: see subsection 39(2).
change a period of service: see subsection 18(3).
committee of management of an unincorporated association or body of persons means the body (however described) that governs, manages or conducts the affairs of the association or body.
Commonwealth land means land owned or occupied by the Commonwealth, but does not include land leased from the Commonwealth unless the lease is subject to a condition that the land may be used by the Defence Force for carrying out a defence operation or practice.
competent officer: see section 52.
covered service: see paragraph 25(1)(c).
death certificate means a death certificate or a corrected death certificate issued under Part 10.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
defence area: see subsection 58(1).
defence award: see section 36.
defence honour: see section 35.
defence materiel means goods for use for defence purposes, and includes the following:
(a) goods being developed for defence purposes;
(b) goods being tested for use for defence purposes;
(c) goods being tested for the use of similar goods for defence purposes.
enlisted member means a member other than an officer.
enlisted rank means:
(a) in relation to the Navy—a rank below the rank of Midshipman; or
(b) in relation to the Army and the Air Force—a rank below the rank of Officer Cadet.
harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
initial obligation amount: see subsection 25(3).
interest, in relation to land, has the same meaning as in the Lands Acquisition Act 1989.
interests of the Defence Force: see subsection (2).
intimate image has the same meaning as in the Online Safety Act 2021.
Ministerial declaration means a declaration by the Minister under section 117AC of the Act declaring an area to be a defence aviation area.
object includes a tree, any other natural obstacle, a building, vehicle, vessel or machine.
pay includes all remuneration, allowances and other benefits under Part IIIA of the Act.
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force of a State or Territory.
prohibited letters: see section 75.
prohibited words: see section 74.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
respondent, in relation to an alleged contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009: see section 37C of this instrument.
service chief: see subsection 7(2).
service debt calculation method: see subsection 25(4).
service obligation debt: see subsection 25(1).
service offence has the same meaning as in the Defence Force Discipline Act 1982.
sexually harass has the meaning given by section 28A of the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
sexual violence has the meaning given by section 24A.
stop sexual harassment direction means a direction under section 37F.
(2) Reasons for something being or not being in the interests of the Defence Force include reasons relating to one or more of the following: (a) a member’s performance; (b) a member’s behaviour (including any convictions for criminal or service offences); (c) a member’s suitability to serve: (i) in the Defence Force; or (ii) in a particular role or rank; (ca) a member’s failure to meet one or more conditions of the member’s enlistment, appointment or promotion; (d) workforce planning in the Defence Force; (e) the effectiveness and efficiency of the Defence Force; (f) the morale, welfare and discipline of the Defence Force; (g) the reputation and community standing of the Defence Force.
(1) The Governor‑General may, by written instrument, appoint the following: (a) an officer of the Navy to be Chief of Navy; (b) an officer of the Army to be Chief of Army; (c) an officer of the Air Force to be Chief of Air Force. (2) A person appointed under subsection (1) is a service chief. (3) Before the Governor‑General appoints a service chief, the Minister must take into account the recommendations of the Chief of the Defence Force. (4) A service chief holds office for the period, and on the conditions, specified in his or her instrument of appointment. (5) A service chief ceases to hold office if he or she ceases to be an officer of the arm of the Defence Force for which he or she was appointed.
The Chief of the Defence Force may, by written instrument, appoint an officer who is eligible for appointment to an office of service chief to act in the office: (a) during a vacancy in the office; or (b) during any period, or during all periods, when the service chief who holds the office: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office.
(1) A service chief may resign his or her appointment as a service chief by giving the Governor‑General a written resignation. (2) However, the resignation does not have effect unless and until it is accepted by the Governor‑General.
(1) The Governor‑General may, by notice in writing, terminate the appointment of a service chief. (2) Before the Governor‑General terminates the appointment of a service chief, the Minister must have received a report about the proposed termination from the Chief of the Defence Force.
(1) A service chief is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the service chief is to be paid the remuneration that is prescribed by the regulations. (2) A service chief is to be paid the allowances determined under Part IIIA of the Act. (3) This section has effect subject to the Remuneration Tribunal Act 1973.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Defence Regulation 2016.
This instrument is made under the Defence Act 1903.
The objects of this instrument are as follows: (a) to facilitate the good governance and the effective and efficient operation of the Defence Force; (b) to provide the Chief of the Defence Force with the flexibility to deliver capability and preparedness outcomes (including developing force structure options); (c) to achieve the Government’s objectives and to provide stewardship of the Defence Force; (d) to provide personnel management that supports the appointment, enlistment, promotion and retention of appropriate persons for service in the Defence Force.
Note: Command in chief of the Defence Force is vested in the Governor‑General: see section 68 of the Constitution.
(1) In this instrument:
Act means the Defence Act 1903.
air turbulence means a movement of air with an upward vertical velocity of 4.3 metres per second.
Australian court means a federal court or a court of a State or Territory.
Australian Government officer means:
(a) a person who holds an office or appointment under a law of the Commonwealth; or
(b) an APS employee; or
(c) a person employed by a body corporate incorporated for a public purpose under a law of the Commonwealth; or
(d) a contractor engaged by the Commonwealth or by a body corporate mentioned in paragraph (c).
Australian tribunal means a tribunal of the Commonwealth, a State or a Territory.
authorised application officer: see subsection 37B(2).
authorised complaint recipient: see subsection 39(2).
change a period of service: see subsection 18(3).
committee of management of an unincorporated association or body of persons means the body (however described) that governs, manages or conducts the affairs of the association or body.
Commonwealth land means land owned or occupied by the Commonwealth, but does not include land leased from the Commonwealth unless the lease is subject to a condition that the land may be used by the Defence Force for carrying out a defence operation or practice.
competent officer: see section 52.
covered service: see paragraph 25(1)(c).
death certificate means a death certificate or a corrected death certificate issued under Part 10.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
defence area: see subsection 58(1).
defence award: see section 36.
defence honour: see section 35.
defence materiel means goods for use for defence purposes, and includes the following:
(a) goods being developed for defence purposes;
(b) goods being tested for use for defence purposes;
(c) goods being tested for the use of similar goods for defence purposes.
enlisted member means a member other than an officer.
enlisted rank means:
(a) in relation to the Navy—a rank below the rank of Midshipman; or
(b) in relation to the Army and the Air Force—a rank below the rank of Officer Cadet.
harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
initial obligation amount: see subsection 25(3).
interest, in relation to land, has the same meaning as in the Lands Acquisition Act 1989.
interests of the Defence Force: see subsection (2).
intimate image has the same meaning as in the Online Safety Act 2021.
Ministerial declaration means a declaration by the Minister under section 117AC of the Act declaring an area to be a defence aviation area.
object includes a tree, any other natural obstacle, a building, vehicle, vessel or machine.
pay includes all remuneration, allowances and other benefits under Part IIIA of the Act.
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force of a State or Territory.
prohibited letters: see section 75.
prohibited words: see section 74.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
respondent, in relation to an alleged contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009: see section 37C of this instrument.
service chief: see subsection 7(2).
service debt calculation method: see subsection 25(4).
service obligation debt: see subsection 25(1).
service offence has the same meaning as in the Defence Force Discipline Act 1982.
sexually harass has the meaning given by section 28A of the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
sexual violence has the meaning given by section 24A.
stop sexual harassment direction means a direction under section 37F.
(2) Reasons for something being or not being in the interests of the Defence Force include reasons relating to one or more of the following: (a) a member’s performance; (b) a member’s behaviour (including any convictions for criminal or service offences); (c) a member’s suitability to serve: (i) in the Defence Force; or (ii) in a particular role or rank; (ca) a member’s failure to meet one or more conditions of the member’s enlistment, appointment or promotion; (d) workforce planning in the Defence Force; (e) the effectiveness and efficiency of the Defence Force; (f) the morale, welfare and discipline of the Defence Force; (g) the reputation and community standing of the Defence Force.
(1) The Governor‑General may, by written instrument, appoint the following: (a) an officer of the Navy to be Chief of Navy; (b) an officer of the Army to be Chief of Army; (c) an officer of the Air Force to be Chief of Air Force. (2) A person appointed under subsection (1) is a service chief. (3) Before the Governor‑General appoints a service chief, the Minister must take into account the recommendations of the Chief of the Defence Force. (4) A service chief holds office for the period, and on the conditions, specified in his or her instrument of appointment. (5) A service chief ceases to hold office if he or she ceases to be an officer of the arm of the Defence Force for which he or she was appointed.
The Chief of the Defence Force may, by written instrument, appoint an officer who is eligible for appointment to an office of service chief to act in the office: (a) during a vacancy in the office; or (b) during any period, or during all periods, when the service chief who holds the office: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office.
(1) A service chief may resign his or her appointment as a service chief by giving the Governor‑General a written resignation. (2) However, the resignation does not have effect unless and until it is accepted by the Governor‑General.
(1) The Governor‑General may, by notice in writing, terminate the appointment of a service chief. (2) Before the Governor‑General terminates the appointment of a service chief, the Minister must have received a report about the proposed termination from the Chief of the Defence Force.
(1) A service chief is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the service chief is to be paid the remuneration that is prescribed by the regulations. (2) A service chief is to be paid the allowances determined under Part IIIA of the Act. (3) This section has effect subject to the Remuneration Tribunal Act 1973.
This is the Defence Regulation 2016.
This instrument is made under the Defence Act 1903.
The objects of this instrument are as follows: (a) to facilitate the good governance and the effective and efficient operation of the Defence Force; (b) to provide the Chief of the Defence Force with the flexibility to deliver capability and preparedness outcomes (including developing force structure options); (c) to achieve the Government’s objectives and to provide stewardship of the Defence Force; (d) to provide personnel management that supports the appointment, enlistment, promotion and retention of appropriate persons for service in the Defence Force.
Note: Command in chief of the Defence Force is vested in the Governor‑General: see section 68 of the Constitution.
(1) In this instrument:
Act means the Defence Act 1903.
air turbulence means a movement of air with an upward vertical velocity of 4.3 metres per second.
Australian court means a federal court or a court of a State or Territory.
Australian Government officer means:
(a) a person who holds an office or appointment under a law of the Commonwealth; or
(b) an APS employee; or
(c) a person employed by a body corporate incorporated for a public purpose under a law of the Commonwealth; or
(d) a contractor engaged by the Commonwealth or by a body corporate mentioned in paragraph (c).
Australian tribunal means a tribunal of the Commonwealth, a State or a Territory.
authorised application officer: see subsection 37B(2).
authorised complaint recipient: see subsection 39(2).
change a period of service: see subsection 18(3).
committee of management of an unincorporated association or body of persons means the body (however described) that governs, manages or conducts the affairs of the association or body.
Commonwealth land means land owned or occupied by the Commonwealth, but does not include land leased from the Commonwealth unless the lease is subject to a condition that the land may be used by the Defence Force for carrying out a defence operation or practice.
competent officer: see section 52.
covered service: see paragraph 25(1)(c).
death certificate means a death certificate or a corrected death certificate issued under Part 10.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
defence area: see subsection 58(1).
defence award: see section 36.
defence honour: see section 35.
defence materiel means goods for use for defence purposes, and includes the following:
(a) goods being developed for defence purposes;
(b) goods being tested for use for defence purposes;
(c) goods being tested for the use of similar goods for defence purposes.
enlisted member means a member other than an officer.
enlisted rank means:
(a) in relation to the Navy—a rank below the rank of Midshipman; or
(b) in relation to the Army and the Air Force—a rank below the rank of Officer Cadet.
harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
initial obligation amount: see subsection 25(3).
interest, in relation to land, has the same meaning as in the Lands Acquisition Act 1989.
interests of the Defence Force: see subsection (2).
intimate image has the same meaning as in the Online Safety Act 2021.
Ministerial declaration means a declaration by the Minister under section 117AC of the Act declaring an area to be a defence aviation area.
object includes a tree, any other natural obstacle, a building, vehicle, vessel or machine.
pay includes all remuneration, allowances and other benefits under Part IIIA of the Act.
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force of a State or Territory.
prohibited letters: see section 75.
prohibited words: see section 74.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
respondent, in relation to an alleged contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009: see section 37C of this instrument.
service chief: see subsection 7(2).
service debt calculation method: see subsection 25(4).
service obligation debt: see subsection 25(1).
service offence has the same meaning as in the Defence Force Discipline Act 1982.
sexually harass has the meaning given by section 28A of the Sex Discrimination Act 1984.
Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
sexual violence has the meaning given by section 24A.
stop sexual harassment direction means a direction under section 37F.
(2) Reasons for something being or not being in the interests of the Defence Force include reasons relating to one or more of the following: (a) a member’s performance; (b) a member’s behaviour (including any convictions for criminal or service offences); (c) a member’s suitability to serve: (i) in the Defence Force; or (ii) in a particular role or rank; (ca) a member’s failure to meet one or more conditions of the member’s enlistment, appointment or promotion; (d) workforce planning in the Defence Force; (e) the effectiveness and efficiency of the Defence Force; (f) the morale, welfare and discipline of the Defence Force; (g) the reputation and community standing of the Defence Force.
(1) The Governor‑General may, by written instrument, appoint the following: (a) an officer of the Navy to be Chief of Navy; (b) an officer of the Army to be Chief of Army; (c) an officer of the Air Force to be Chief of Air Force. (2) A person appointed under subsection (1) is a service chief. (3) Before the Governor‑General appoints a service chief, the Minister must take into account the recommendations of the Chief of the Defence Force. (4) A service chief holds office for the period, and on the conditions, specified in his or her instrument of appointment. (5) A service chief ceases to hold office if he or she ceases to be an officer of the arm of the Defence Force for which he or she was appointed.
The Chief of the Defence Force may, by written instrument, appoint an officer who is eligible for appointment to an office of service chief to act in the office: (a) during a vacancy in the office; or (b) during any period, or during all periods, when the service chief who holds the office: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office.
(1) A service chief may resign his or her appointment as a service chief by giving the Governor‑General a written resignation. (2) However, the resignation does not have effect unless and until it is accepted by the Governor‑General.
(1
This is an opening excerpt, not the complete document.