Defence Regulations 2026

Part 1 · Preliminary

1Name#

This instrument is the Defence Regulations 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 October 2026.	1 October 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority#

This instrument is made under the Defence Act 1903.

4Objects of this instrument#

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.

5Definitions#

(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 or greater.

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 41(2).

authorised complaint recipient: see subsection 49(2).

authorised person: see section 105.

change a period of service: see subsection 17(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 64.

counter-UXS measures: see section 106.

covered service: see subsection 25(2).

death certificate means a death certificate or a corrected death certificate issued under Part 11.

decision has the same meaning as in the Administrative Review Tribunal Act 2024.

defence area: see subsection 70(1).

defence asset: see section 105.

defence award: see section 38.

defence contractor: see section 105.

defence honour: see section 37.

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.

detained in custody has the meaning given by subsection 100.1(3A) of the Criminal Code.

detention centre has the meaning given by section 3 of the Defence Force Discipline Act 1982.

eligible defence member: see subsection 42(1).

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.

foreign service tribunal means a body that is a service tribunal within the meaning of the Defence (Visiting Forces) Act 1963.

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(4).

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 vehicle, vessel or machine.

pay includes all remuneration, allowances and other benefits under Part IIIA of the Act.

personal information has the same meaning as in the Privacy Act 1988.

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 124.

prohibited words: see section 123.

protected defence area: see section 105.

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 42 of this instrument.

sensitive information has the same meaning as in the Privacy Act 1988.

service chief: see subsection 6(2).

service debt calculation method: see subsection 25(5).

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 24.

stop sexual harassment direction means a direction under section 45.

structure includes any thing fixed in place.

Note: A reference to a structure also includes a reference to any thing attached or fixed to the structure. See paragraph 82(c).

UXS device: see section 107.

War graves administrator has the meaning given by section 131.

(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;

(d)a member’s failure to meet one or more conditions of the member’s enlistment, appointment or promotion;

(e)workforce planning in the Defence Force;

(f)the effectiveness and efficiency of the Defence Force;

(g)the morale, welfare and discipline of the Defence Force;

(h)the reputation and community standing of the Defence Force.

Part 2 · Service chiefs

6Appointment as service chief#

(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 terms and conditions (if any) in relation to matters not covered by this instrument as are specified in the service chief’s instrument of appointment.

(5)A service chief ceases to hold office if the service chief ceases to be an officer of the arm of the Defence Force for which the service chief was appointed.

7Acting appointments#

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.

8Resignation#

(1)A service chief may resign the service chief’s 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.

9Termination of appointment as service chief#

(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.

10Remuneration and allowances#

(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 determined under Part IIIA of the Defence Act.

(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.

Part 3 · Service in the Defence Force

Division 1 · Appointment and enlistment

11Appointment and enlistment#

(1)The Chief of the Defence Force may:

(a)appoint a person as an officer of the Navy, the Army or the Air Force; or

(b)enlist a person in the Navy, Army or Air Force.

(2)The Governor-General may issue a commission to an officer.

(3)Before a person is appointed or enlisted, consideration must be given to whether the person is a fit and proper person to perform duties as such an officer or enlisted member.

Conditions of appointment or enlistment

(4)An appointment or enlistment is subject to any conditions specified by the Chief of the Defence Force at the time of the appointment or enlistment.

Note: For example, an appointment or enlistment could be subject to a probationary period.

Period of appointment or enlistment

(5)An appointment or enlistment is for:

(a)the period of service specified at the time of the appointment or enlistment; or

(b)if no period is so specified—an indefinite period.

Note: A period of service may be changed under Division 4.

Oath or affirmation

(6)A person must, before being appointed or enlisted, or after being appointed or enlisted and within the time period specified in subsection (7):

(a)take the oath set out in clause 1 of Schedule 1; or

(b)make the affirmation set out in clause 2 of Schedule 1.

(7)The time period specified by this subsection is:

(a)the period of 6 months after being appointed or enlisted; or

(b)the period of time after being appointed or enlisted that the Chief of the Defence Force determines for the person for the purposes of this paragraph.

(8)The oath or affirmation must be taken or made before a person mentioned in clause 3 of Schedule 1.

Division 2 · Increase and reduction in rank

12Increase in rank#

(1)The Chief of the Defence Force may:

(a)promote a member to a higher rank; or

(b)direct a member to act in a higher rank.

(2)A promotion to or direction to act in a higher rank is subject to any conditions specified at the time of the promotion or direction.

Note: For example, a promotion or direction to act in a higher rank could be subject to a probationary period.

(3)Before a member is promoted to, or directed to act in, a higher rank, consideration must be given to whether the member is a fit and proper person to perform duties at the higher rank.

13Reduction in rank#

(1)The Chief of the Defence Force may reduce the rank of a member for one or more of the following reasons:

(a)retention of the member at the member’s current rank is not in the interests of the Defence Force;

(b)the member cannot usefully serve at the member’s current rank because of redundancy in the Defence Force;

(c)the member has failed to meet a condition of appointment or promotion to the member’s current rank;

(d)the member applies for, or agrees to, the reduction.

Note: For interests of the Defence Force, see subsection 5(2).

(2)If at least one of the reasons for the reduction is a reason mentioned in paragraph (1)(a) or (b), the member must be given notice and at least 21 days after the date the notice is given to provide a written response.

Note: For notice to members, see section 32.

(3)However, if the member has been promoted subject to a probationary period, notice is not required during that period to return the member to the rank held immediately before the promotion.

Division 3 · Transfers

14Transfer between arms of the Defence Force#

(1)The Chief of the Defence Force may transfer a member from one arm of the Defence Force to another arm of the Defence Force.

(2)The transfer is subject to any conditions specified by the Chief of the Defence Force.

15Transfer from Permanent Forces to Reserves#

(1)The Chief of the Defence Force may transfer a member from the Permanent Forces to the Reserves if the transfer is in the interests of the Defence Force.

Note: For interests of the Defence Force, see subsection 5(2).

(2)The member must be given notice of the transfer and at least 21 days after the date the notice is given to provide a written response.

Note: For notice to members, see section 32.

16Voluntary transfer from Reserves to Permanent Forces#

(1)The Chief of the Defence Force may transfer a member from the Reserves to the Permanent Forces if the member applies for, or agrees to, the transfer.

(2)The transfer is subject to any conditions specified by the Chief of the Defence Force.

Division 4 · Changing periods of service

17Voluntary change#

(1)The Chief of the Defence Force may change a period of service of a member if the member applies for, or agrees to, the change.

(2)The change is subject to any conditions specified by the Chief of the Defence Force.

(3)Change a period of service includes the following:

(a)extend a period of service;

(b)reduce a period of service;

(c)convert a fixed period of service to an indefinite period of service;

(d)convert an indefinite period of service to a fixed period of service.

18Time of war or defence emergency#

(1)If a member’s period of service would end during a time of war or during a time of defence emergency, the period of service is extended until the Chief of the Defence Force releases the member from service.

(2)The Chief of the Defence Force must release the member from service as soon as practicable after the end of the time of war or the time of defence emergency.

(3)This section does not prevent a period of service being changed during a time of war or time of defence emergency under another provision of this instrument.

19Defence Force discipline#

The Chief of the Defence Force may extend a member’s period of service for the purpose of ensuring that a process under the Defence Force Discipline Act 1982 relating to the member is completed before the member’s period of service ends.

Division 5 · End of service or period of service

20Becoming member of Reserves after service in Permanent Forces#

(1)If the period of service of a member of the Permanent Forces ends, the member becomes a member of the Reserves.

Period of Reserve service

(2)The member’s period of service in the Reserves is:

(a)if, before the member’s service in the Permanent Forces ends, the Chief of the Defence Force specifies a period of service in the Reserves for the member—that period; or

(b)otherwise—an indefinite period.

When member does not become a member of the Reserves

(3)However, the member does not become a member of the Reserves if:

(a)the Chief of the Defence Force directs that the member is not to become a member of the Reserves; or

(b)the member’s service is ended under section 23 (early end of service) other than because of redundancy in the Defence Force; or

(c)the member’s service is ended (however that ending is described) under the Act or the Defence Force Discipline Act 1982.

21End of service in the Reserves#

(1)A member’s period of service in the Reserves ends if the member has not been required to render service as a member of the Reserves:

(a)if the member’s period of service in the Reserves begins on or after commencement of this instrument—for a continuous period of 10 years; or

(b)if the member’s period of service in the Reserves began before commencement of this instrument—for a continuous period of 5 years.

(2)However, before service ends under subsection (1), the Chief of the Defence Force may direct that the service:

(a)continues indefinitely; or

(b)ends at another time.

22Retirement age#

(1)A member’s service (whether in the Permanent Forces or the Reserves) ends when the member reaches the member’s retirement age.

(2)Subsection (1) has effect subject to:

(a)section 18 (time of war or defence emergency); and

(b)any written direction by the Chief of the Defence Force allowing the member to serve beyond the member’s retirement age.

(3)There is no retirement age for an Admiral of the Fleet, a Field Marshal or a Marshal of the Royal Australian Air Force.

(4)Retirement ages for other members are as follows:

(a)for a member of the Permanent Forces who holds the rank of Admiral, General or Air Chief Marshal—63 years of age;

(b)for any other member of the Permanent Forces—60 years of age;

(c)for a member of the Reserves—65 years of age.

23Early end of service#

(1)The Chief of the Defence Force may end the service of a member for one or more of the following reasons:

(a)the member is medically unfit for service in the Defence Force;

(b)the member cannot usefully serve because of redundancy in the Defence Force;

(c)retention of the member’s service is not in the interests of the Defence Force;

(d)the member has engaged in sexual violence.

Note: For interests of the Defence Force, see subsection 5(2). For sexual violence, see section 24.

Notice requirements

(2)The Chief of the Defence Force must not end the service of a member under subsection (1) unless the member is given:

(a)notice of the ending of the member’s service; and

(b)at least 21 days after the date the notice is given to provide a written response.

(3)Without limiting subsection (2), if the Chief of the Defence Force is satisfied that a member has engaged in sexual violence, the Chief of the Defence Force must:

(a)give the member:

(i)notice of the ending of the member’s service; and

(ii)at least 21 days after the date the notice is given to provide a written response; and

(b)ensure that the notice sets out the reason mentioned in paragraph (1)(d) as a reason for the proposed ending of the member’s service (whether or not the notice sets out any other reason).

Note 1: For circumstances in which the Chief of the Defence Force may be satisfied that a member has engaged in sexual violence, see subsection 24(5).

Note 2: For notice to members, see section 32.

(4)However, subsections (2) and (3) do not apply if:

(a)the member’s appointment or enlistment is subject to a probationary period and that period has not ended; or

(b)the member:

(i)has failed to meet a condition of the member’s appointment or enlistment; or

(ii)has been sentenced to imprisonment for an offence (whether or not the sentence has been suspended); or

(iii)has been absent without leave for a continuous period of 3 months or more; or

(c)the member has pleaded guilty to, or been convicted of, an offence and the Chief of the Defence Force is satisfied that it is not in the interests of the Defence Force for notice to be given to the member under subsection (2) or (3).

Note: This subsection does not exclude or limit the operation of the common law relating to procedural fairness.

(5)To avoid doubt, even if notice is given to a member in accordance with subsection (2) or (3), the Chief of the Defence Force retains a discretion about whether to end the service of the member under subsection (1).

When service can be ended because of redundancy

(6)If subsection (2) applies, the Chief of the Defence Force must not end the service of the member on the grounds of redundancy (other than during a probationary period) earlier than 5 weeks after the date the notice is given, unless the member agrees to an earlier ending of the member’s service.

24Sexual violence#

What is sexual violence?

(1)A person engages in sexual violence if:

(a)the person engages in sexual activity that involves one or more other persons; and

(b)any of the following apply:

(i)the consent of one or more of those other persons is not freely given or obtained;

(ii)the consent of one or more of those other persons is withdrawn during the sexual activity;

(iii)one or more of those other persons is unable to give consent, whether because of the other person’s age or for any other reason.

(2)A person also engages in sexual violence if the person engages, attempts to engage, or threatens to engage, in any of the following conduct:

(a)sexual assault;

(b)sexual abuse;

(c)abuse that involves making or sharing an intimate image;

(d)sexual harassment or harassment on the ground of sex.

Note: For intimate image, sexually harass and harass on the ground of sex, see subsection 5(1).

(3)A person also engages in sexual violence if the person engages in conduct (the relevant conduct) that is the same as, or substantially similar to, conduct that constitutes an offence against Part 3, 3A, 4 or 5 of the Crimes Act 1900 (ACT) (as in force immediately before the commencement of this section), whether or not the person has been found guilty of, or been convicted of, an offence in relation to the relevant conduct by an Australian court.

(4)Subsections (1), (2) and (3) do not limit each other.

Being satisfied that a member has engaged in sexual violence

(5)Without limiting when the Chief of the Defence Force may be satisfied that a member has engaged in sexual violence for the purposes of section 23, the Chief of the Defence Force may be satisfied of that matter for those purposes if:

(a)both of the following apply:

(i)the Chief of the Defence Force is satisfied that an Australian court or an Australian tribunal has made a finding that the member engaged in certain conduct;

(ii)the Chief of the Defence Force is satisfied that engaging in the conduct constitutes engaging in sexual violence; or

(b)all of the following apply:

(i)the Chief of the Defence Force is satisfied that a person or body (other than an Australian court or an Australian tribunal), following the conclusion of a process that accorded procedural fairness to the member, has made a finding that the member engaged in certain conduct;

(ii)the Chief of the Defence Force is, on the basis of that finding and any other relevant information available to the Chief of the Defence Force, satisfied that the member engaged in the conduct;

(iii)the Chief of the Defence Force is satisfied that engaging in the conduct constitutes engaging in sexual violence.

25Service obligation debts#

(1)A member owes a debt (the service obligation debt) to the Commonwealth if:

(a)the Chief of the Defence Force changes a period of service for the member; and

(b)the member applied for the change; and

(c)the change means that the member will not complete a period of service that is covered by subsection (2).

(2)A period of service (the covered service) is covered by this subsection if the service is:

(a)an initial minimum period of service; or

(b)a period of service required under a return of service obligation.

(3)The amount of the service obligation debt is the amount worked out using:

(a)the initial obligation amount for the covered service; and

(b)the service debt calculation method for the covered service.

(4)The initial obligation amount for the covered service is the amount:

(a)determined by the Chief of the Defence Force for the covered service; and

(b)notified to the member:

(i)before the member began the initial minimum period of service; or

(ii)before the member began the training or other activities or events that gave rise to the return of service obligation.

(5)The service debt calculation method for the covered service is the method:

(a)determined by the Chief of the Defence Force for reducing the initial obligation amount for the covered service according to the portion of the covered service that has been completed; and

(b)notified to the member:

(i)before the member began the initial minimum period of service; or

(ii)before the member began the training or other activities or events that gave rise to the return of service obligation.

Covered service—before 1 October 2016

(6)If the covered service began before the commencement of the Defence Regulation 2016, the amount of the service obligation debt is the amount determined by the Chief of the Defence Force as if:

(a)the Defence (Personnel) Regulations 2002, as in force immediately before the commencement of the Defence Regulation 2016, continued in effect; and

(b)references in regulations 88 to 98 of the Defence (Personnel) Regulations 2002 to the Chief of the member’s service were references to the Chief of the Defence Force; and

(c)the service obligation debt were an amount covered by a condition that the member pay a specified amount of money.

Covered service—between 1 October 2016 and commencement of this instrument

(7)If the covered service began on or after the commencement of the Defence Regulation 2016 but before the commencement of this instrument, section 25 of the Defence Regulation 2016, as in force immediately before the commencement of this instrument, continues to apply on and after that commencement in relation to covered service that began before that commencement.

Waiver of service obligation debts

(8)The Chief of the Defence Force may waive all or part of a service obligation debt.

26Treating service as having ended for another reason#

(1)This section applies if:

(a)the service of a member of the Defence Force has ended, or been ended, for a particular reason; and

(b)the Chief of the Defence Force is satisfied that the member’s service could properly have ended, or been ended, for another reason.

(2)The Chief of the Defence Force may ensure that the member’s service is treated as having ended, or been ended, for the other reason:

(a)if the member is able to give consent—at the request or with the agreement of the member; or

(b)if the member is not able to give consent—at the request or with the agreement of a person covered by subsection (3).

(3)A person is covered by this subsection if the person:

(a)is a member of the member’s family; or

(b)has guardianship of the member under a law of the Commonwealth, State or Territory; or

(c)holds an enduring power of attorney or like power granted by the individual; or

(d)is appointed by a court, tribunal, board or panel (however described) under a law of the Commonwealth, a State or a Territory, and has power to make decisions for the member.

27Treating a member as having been medically unfit at time of joining Reserves#

(1)This section applies if:

(a)a member became a member of the Reserves; and

(b)the Chief of the Defence Force is satisfied that, at the time when the member became a member of the Reserves:

(i)the member was medically unfit for service in the Defence Force; and

(ii)the Chief of the Defence Force could have ended the member’s service in the Defence Force for that reason; and

(c)the member’s service in the Defence Force has ended.

(2)The Chief of the Defence Force may ensure that the member’s service is treated as having ended, or been ended, for that reason at the time the member joined the Reserves:

(a)if the member is able to give consent—at the request or with the agreement of the member; or

(b)if the member is not able to give consent—at the request or with the agreement of a person covered by subsection (3).

(3)A person is covered by this subsection if the person:

(a)is a member of the member’s family; or

(b)has guardianship of the member under a law of the Commonwealth, State or Territory; or

(c)holds an enduring power of attorney or like power granted by the individual; or

(d)is appointed by a court, tribunal, board or panel (however described) under a law of the Commonwealth, a State or a Territory, and has power to make decisions for the member.

28Treating a member’s service as having ended due to a prevailing discriminatory Defence policy#

(1)The Chief of the Defence Force may determine that a Defence Force policy is a discriminatory Defence Force policy for the purposes of this section.

(2)Subsection (3) applies if the Chief of the Defence Force is satisfied that a member’s service ended directly or indirectly due to a prevailing discriminatory Defence Force policy.

(3)The Chief of the Defence Force may ensure that the member’s service is treated as having ended, or been ended, due to a prevailing discriminatory Defence Force policy:

(a)if the member is able to give consent—at the request or with the agreement of the member; or

(b)if the member is not able to give consent—at the request or with the agreement of a person covered by subsection (4).

(4)A person is covered by this subsection if the person:

(a)is a member of the member’s family; or

(b)has guardianship of the member under a law of the Commonwealth, State or Territory; or

(c)holds an enduring power of attorney or like power granted by the individual; or

(d)is appointed by a court, tribunal, board or panel (however described) under a law of the Commonwealth, a State or a Territory, and has power to make decisions for the member.

Division 6 · Service in the Reserves

29Service in the Reserves#

A member of the Reserves is bound to render service (including periods of training) as required by the Chief of the Defence Force.

Division 7 · Suspension from duty

30Suspension from duty#

(1)The Chief of the Defence Force may suspend a member from duty if:

(a)the member:

(i)has been given notice, in accordance with subsection 23(2) or (3), of a proposed ending of the member’s service; and

(ii)has not been informed that the proposed ending of the member’s service will not proceed; or

(b)the member:

(i)has been given notice under section 100 of the Act of the return of a positive test result for a prohibited substance test; and

(ii)has not been informed that the member’s service will not be ended because of the result; or

(c)the Chief of the Defence Force has decided to end the member’s service under subsection 23(1), but the decision has not yet taken effect.

(2)The suspension may be:

(a)with pay, without pay or on part pay; and

(b)ended or varied at any time by the Chief of the Defence Force.

(3)The suspension ends if the member is informed:

(a)for a suspension under paragraph (1)(a) or (c)—that the proposed ending of the member’s service, or the decision to end the member’s service, will not proceed or take effect; or

(b)for a suspension under paragraph (1)(b)—that the member’s service will not be ended because of the positive test result.

(4)For suspension without pay or on part pay, the member must be given notice and at least 7 days after the date the notice is given to provide a written response.

Note: For notice to members, see section 32.

(5)The Chief of the Defence Force may retrospectively vary a suspension:

(a)if the suspension was without pay—by changing it to suspension with pay or on part pay; or

(b)if the suspension was on part pay—by increasing the amount of part pay or changing it to suspension with pay.

Division 8 · Forfeiture of pay—absent without leave

31Forfeiture of pay—absent without leave#

(1)If a member is absent from duty without leave, the member’s pay is forfeited to the Commonwealth.

(2)To avoid doubt, subsection (1) applies:

(a)whether or not the member has been charged with or convicted of a service offence in relation to the absence; and

(b)to a member detained in custody, including where the member is detained in a detention centre; and

(c)to a member detained in custody under a law of a foreign country.

Note: For detained in custody and detention centre, see subsection 5(1).

(3)However, the Chief of the Defence Force may determine that some or all pay that would otherwise be forfeited by the member under this section is not forfeited.

Division 9 · Notice to members

32Notice to members#

Scope of this section

(1)This section applies if this Part:

(a)requires notice of an action to be given to a member; or

(b)prohibits an action being taken unless notice is given to a member.

Content of notice

(2)The notice must:

(a)state that the action is proposed; and

(b)set out the reason for the proposal; and

(c)invite the member to provide a written response as to why the proposed action should not be taken; and

(d)invite the member to provide, as part of the written response, evidence of any current or past mental health condition of the member that may be relevant to a decision about whether to take the action; and

(e)set out the facts and circumstances necessary for the member to prepare the written response; and

(f)specify the period for providing the written response.

Note: For the purposes of paragraph (d): a current or past mental health condition of the member may be relevant to a decision about whether to take the action because, for example, the condition has affected the member’s past behaviour, or because the condition is relevant to how taking the action would affect the member.

When action can occur

(3)The action must not take place before one of the following occurs:

(a)the member provides the written response;

(b)the member states in writing that the member does not intend to provide the written response;

(c)the period for providing the written response ends.

Part 4 · Honorary ranks

33Honorary officer ranks#

(1)The Governor-General or the Chief of the Defence Force may appoint an officer or another person to an officers’ rank that is to be held as an honorary rank.

(2)An honorary rank does not confer or imply a right to command, other than any right to command which the Chief of the Defence Force confers on the officer or person.

(3)The Governor-General or the Chief of the Defence Force may at any time revoke an appointment to an officers’ rank made under this section.

34Honorary enlisted ranks#

(1)The Chief of the Defence Force may appoint an enlisted member or another person to an enlisted rank that is to be held as an honorary rank.

(2)An honorary rank does not confer or imply a right to command, other than any right to command which the Chief of the Defence Force confers on the enlisted member or person.

(3)The Chief of the Defence Force may at any time revoke an appointment to an enlisted rank made under this section.

Part 5 · Privileges after end of service

35Title after end of service#

(1)If a member’s service in the Defence Force has ended, the Chief of the Defence Force may grant to the former member an honorary title relating to the member’s former appointment.

(2)An honorary title does not confer or imply:

(a)a right to command; or

(b)a position in, or membership of, the Defence Force.

(3)The Chief of the Defence Force may at any time revoke the grant of an honorary title to a former member.

36Wearing of uniform after end of service#

(1)If a member’s service in the Defence Force has ended, the Chief of the Defence Force may:

(a)permit the former member to wear a uniform relating to the former member’s service; and

(b)specify conditions to which the permission is subject.

(2)The Chief of the Defence Force may at any time revoke permission for a former member to wear a particular uniform.

Part 6 · Defence honours and awards

37Defence honours#

(1)For the purposes of the definition of defence honour in section 110T of the Act, each item in the following table specifies a defence honour.

Defence honours
Item	Name of honour
1	Victoria Cross for Australia
2	Star of Gallantry
3	Distinguished Service Cross (Australia)
4	Conspicuous Service Cross
5	Nursing Service Cross
6	Medal for Gallantry
7	Distinguished Service Medal (Australia)
8	Conspicuous Service Medal
9	Commendation for Gallantry
10	Commendation for Distinguished Service

(2)To avoid doubt, a reference to an honour in an item of the table in subsection (1) includes a reference to any form in which the honour may be awarded.

Note: Some defence honours may be awarded in the form of a bar (instead of as a medal, star, cross or commendation).

38Defence awards#

(1)For the purposes of the definition of defence award in section 110T of the Act, each item in the following table specifies a defence award.

Defence awards
Item	Name of award
1	Naval General Service Medal 1915–62
2	General Service Medal 1918–62
3	1939–45 Star
4	Atlantic Star
5	Air Crew Europe Star
6	Africa Star
7	Pacific Star
8	Burma Star
9	Italy Star
10	France and Germany Star
11	Defence Medal
12	War Medal, 1939–45
13	Australia Service Medal 1939–45
14	Australian Active Service Medal 1945–1975
15	Korea Medal
16	United Nations Service Medal for Korea
17	General Service Medal 1962
18	Vietnam Medal
19	Vietnam Logistic and Support Medal
20	Australian Active Service Medal
21	International Force East Timor Medal
22	Afghanistan Medal
23	Iraq Medal
24	Australian Service Medal 1945–75
25	Australian General Service Medal for Korea
26	Australian Service Medal
27	Australian Operational Service Medal
28	Rhodesia Medal
29	Defence Force Service Medal
30	Reserve Force Decoration
31	Reserve Force Medal
32	Defence Long Service Medal
33	Australian Cadet Forces Service Medal
34	Champion Shots Medal
35	Army Best Shots Medal
36	Queen’s Medal for Champion Shots of the RAAF
37	Royal Navy Long Service and Good Conduct Medal
38	Royal Navy Volunteer Reserve Decoration
39	Royal Navy Reserve Decoration
40	Royal Naval Reserve Long Service and Good Conduct Medal
41	Royal Naval Volunteer Reserve Long Service and Good Conduct Medal
42	Royal Fleet Reserve Long Service and Good Conduct Medal
43	Meritorious Service Medal
44	Long Service and Good Conduct Medal (Army)
45	Efficiency Decoration
46	Efficiency Medal
47	Meritorious Service Medal (RAAF)
48	Long Service and Good Conduct Medal (RAAF)
49	Air Efficiency Award
50	Cadet Forces Medal
51	Australian Defence Medal
52	Anniversary of National Service 1951–1972 Medal

(2)To avoid doubt, a reference to an award in an item of the table in subsection (1) includes a reference to:

(a)any form in which the award may be awarded; and

(b)any clasp, accumulated service clasp, bar or accumulated service device that is related to or associated with the award.

Note: Some defence awards may be awarded in the form of a bar or clasp (instead of as a medal, star or decoration) or have a related or associated clasp, accumulated service clasp, bar or accumulated service device that is awarded to the recipient of the award.

39Disclosure of information about honours and awards#

Offence

(1)A person commits an offence if:

(a)the person discloses information; and

(b)the disclosure of information is not covered by subsection (2); and

(c)the information was obtained by the person as a member of the Defence Honours and Awards Appeals Tribunal, or as a person assisting the Tribunal; and

(d)the information is part of or relates to an application for review of a reviewable decision (within the meaning of section 110V of the Act), whether or not the application has been decided.

Penalty: 10 penalty units.

Permitted disclosure of information

(2)The disclosure of information by a person is covered by this subsection if the disclosure of information is:

(a)in the performance of the person’s duties as a member of the Tribunal, or as a person assisting the Tribunal; or

(b)permitted or required by the Act or by procedural rules made under section 110XH of the Act; or

(c)the subject of an order under section 110XD of the Act; or

(d)only by or to the person to whom the information relates; or

(e)authorised by the person to whom the information relates.

(3)To avoid doubt, for the purposes of subsection (1), the prosecution bears a legal burden of proving that the disclosure of information is not covered by subsection (2).

Part 7 · Stop sexual harassment directions

40Object of this Part#

The object of this Part is to provide a process for directions to stop sexual harassment against certain members and other people.

41Authorised application officers#

(1)The Chief of the Defence Force or the Secretary may, by written instrument, authorise one or more of the following to receive and deal with applications made under section 42:

(a)an officer of the Navy who holds a rank not below the rank of Commander;

(b)an officer of the Army who holds a rank not below the rank of Lieutenant-Colonel;

(c)an officer of the Air Force who holds a rank not below the rank of Wing Commander;

(d)an APS employee in the Department who is:

(i)classified as Executive Level 1 or higher; or

(ii)acting in a position usually occupied by an APS employee who is so classified.

(2)A person so authorised is an authorised application officer.

42Application for authorised application officer to deal with a sexual harassment dispute#

(1)In this instrument:

eligible defence member means a defence member within the meaning of the Defence Force Discipline Act 1982.

(2)If:

(a)an eligible defence member (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 of Part 3-5A of the Fair Work Act 2009 by one or more other persons (a respondent); and

(b)the aggrieved person was an eligible defence member at the time the sexual harassment allegedly occurred; and

(c)one or more respondents is an eligible defence member, and was an eligible defence member at the time the sexual harassment allegedly occurred;

the aggrieved person may apply to an authorised application officer for a stop sexual harassment direction to be made.

(3)If:

(b)the aggrieved person was an eligible defence member at the time the sexual harassment allegedly occurred; and

(c)the sexual harassment is alleged to have occurred at a Defence workplace;

the aggrieved person may apply to an authorised application officer for a stop sexual harassment direction to be made.

(4)If:

(a)a person (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 of Part 3-5A of the Fair Work Act 2009 by one or more other persons; and

(b)the Fair Work Commission would be prevented, by a declaration under section 527N of the Fair Work Act 2009, from making an order under section 527J of that Act in relation to the alleged harassment; and

(c)the activity to which the declaration applies is a naval, military or air force operation or practice (whether warlike or not warlike);

the aggrieved person may apply to an authorised application officer for a stop sexual harassment direction to be made.

43Dealing with an application#

(1)This section applies if a person (the applicant) makes an application under section 42 to an authorised application officer.

(2)The authorised application officer must either:

(a)deal with the application by:

(i)considering the application; and

(ii)deciding whether to issue a stop sexual harassment direction; or

(b)refer the application to another authorised application officer to deal with under paragraph (a).

Note: An authorised application officer may make an interim direction while the application is being considered (see section 44).

(3)However, an authorised application officer may decide not to deal with or refer the application under subsection (2) if the authorised application officer considers that:

(a)doing so would be, or could reasonably be expected to be, prejudicial to:

(i)Australia’s defence; or

(ii)Australia’s national security; or

(b)a declaration under section 527P (declarations by the Director-General of Security) or 527Q (declarations by the Director-General of ASIS) of the Fair Work Act 2009 would prevent the Fair Work Commission making an order under section 527J of that Act in respect of the allegation of sexual harassment made in the application.

Time limits for dealing with and making a decision on an application

(4)Subject to subsection (3), the authorised application officer to whom an application is made, or an authorised application officer to whom an application is referred under paragraph (2)(b), must start dealing with the application within 14 days of the making of the application.

(5)The authorised application officer who deals with the application must make a decision under subparagraph (2)(a)(ii) within 60 days of the making of the application.

(6)If the authorised application officer does not make the decision within the period mentioned in subsection (5), the authorised application officer is taken to have made, at the end of that period, a decision not to issue a stop sexual harassment direction in relation to the application.

Notice of decision not to issue a stop sexual harassment direction

(7)If an authorised application officer decides under subparagraph (2)(a)(ii) not to issue a stop sexual harassment direction in relation to the application, or decides under subsection (3) not to deal with or refer the application, the authorised application officer:

(a)must give written notice of the decision to the applicant as soon as practicable after the decision is made; and

(b)may give written notice of the decision to any other person who is responsible for dealing with the allegation of sexual harassment made in the application.

44Interim directions#

(1)This section applies if:

(a)a person (the applicant) makes an application under section 42; and

(b)an authorised application officer is considering the application.

(2)An authorised application officer may issue one or more interim directions under this section if the authorised application officer is satisfied that:

(a)there is a plausible allegation that the applicant has been sexually harassed in contravention of Division 2 of Part 3-5A of the Fair Work Act 2009; and

(b)the applicant has a reasonable apprehension that the applicant will continue to be subject to sexual harassment in contravention of that Division.

(3)An interim direction:

(a)must be in writing; and

(b)may apply to one or more people (who may include people other than the people alleged to have sexually harassed the applicant); and

(c)must set out the actions that the person, or each of the people, to whom it applies is required to do, or not to do, in order to comply with the interim direction.

(4)A copy of an interim direction:

(a)must be given to the applicant; and

(b)must be given to the person, or each person, to whom it applies; and

(c)may be given to the commanding officer or supervisor of the person, or each person, to whom it applies; and

(d)may be given to any other person who is responsible for dealing with the allegation of sexual harassment made in the application.

(5)The requirements set out in an interim direction under paragraph (3)(c) must be:

(a)reasonable; and

(b)necessary or desirable for the purpose of protecting the applicant from the risk of sexual harassment while the application is being considered.

(6)An interim direction continues in force until:

(a)an authorised application officer issues a stop sexual harassment direction in response to the application; or

(b)an authorised application officer decides not to issue a stop sexual harassment direction in response to the application; or

(c)the applicant withdraws the application; or

(d)the interim direction is revoked.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

45Stop sexual harassment directions#

(1)An authorised application officer may issue one or more stop sexual harassment directions if:

(a)a person (the applicant) makes an application under section 42; and

(b)the authorised application officer is satisfied that:

(i)the applicant has been sexually harassed in contravention of Division 2 of Part 3-5A of the Fair Work Act 2009 by one or more people; and

(ii)there is a risk that the applicant will continue to be sexually harassed in contravention of that Division by the person or people.

(2)A stop sexual harassment direction:

(a)must be in writing; and

(b)may apply to one or more people (who may include people other than the people alleged to have sexually harassed the applicant); and

(c)must set out the actions that the person, or each of the people, to whom it applies is required to do, or not to do, in order to comply with the direction; and

(d)may include recommendations to one or more people; and

(e)may specify a day on which the direction ceases to have effect, unless earlier revoked.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(3)A copy of a stop sexual harassment direction:

(a)must be given to the applicant; and

(b)must be given to the person, or each person, to whom the direction applies; and

(c)may be given to the commanding officer or supervisor of the person, or each person, to whom the direction applies; and

(d)may be given to any person who is responsible for dealing with the allegation of sexual harassment made in the application; and

(e)if the direction includes recommendations to one or more people under paragraph (2)(d)—must be given to that person, or to each such person.

(4)Without limiting the requirements that may be set out in a stop sexual harassment direction under paragraph (2)(c), a stop sexual harassment direction may require any of the following:

(a)a respondent to cease engaging in specified behaviour;

(b)regular monitoring of behaviour;

(c)the provision of information, support and training to workers;

(d)a safety risk assessment of a workplace;

(e)a review of workplace policies or culture.

(5)Without limiting the recommendations that may be included in a stop sexual harassment direction under paragraph (2)(d), a stop sexual harassment direction may recommend management, administrative or disciplinary action.

(6)If a stop sexual harassment direction specifies a day on which the direction ceases to have effect, the direction ceases to have effect on that day.

46Review by Chief of the Defence Force or Secretary#

(1)This section applies if:

(a)a person (the applicant) makes an application under section 42; and

(b)an authorised application officer makes any of the following decisions (a reviewable decision):

(i)a decision not to issue a stop sexual harassment direction in relation to the application;

(ii)a decision to issue a stop sexual harassment direction in relation to the application, if the applicant is dissatisfied with the direction;

(iii)a decision not to deal with the application, or not to refer the application to another authorised application officer, under subsection 43(3).

(2)The applicant may, within 21 days after the reviewable decision was given to the applicant, ask either the Chief of the Defence Force or the Secretary (the reviewer) to review the reviewable decision.

(3)A request under subsection (2) must be in writing.

(4)If the applicant makes a request under subsection (2), the reviewer:

(a)must start dealing with the request within 14 days of the applicant making the request; and

(b)must reconsider the reviewable decision; and

(c)may, while reconsidering the reviewable decision, exercise any powers of an authorised application officer under section 44 (interim directions); and

(d)must make a decision on the review within 60 days of the applicant making the request; and

(e)must affirm, vary or set aside the reviewable decision; and

(f)if the reviewable decision is set aside—may make such other decision as the reviewer thinks appropriate; and

(g)may exercise any of the powers of an authorised application officer under this Part for the purposes of giving effect to the reviewer’s decision on the review.

(5)If the reviewer does not make a decision on the review within the period mentioned in paragraph (4)(d), the reviewer is taken to have made, at the end of that period, a decision to affirm the reviewable decision.

47Withdrawing application or request#

(1)A person who has made an application under section 42 may withdraw the application at any time by giving written notice to an authorised application officer.

(2)A person who has made a request under subsection 46(2) may withdraw the request at any time by giving written notice to the person to whom the request was made.

Part 8 · Redress of grievances

48Objects of this Part#

The objects of this Part include:

(a)providing a process for a member to seek redress of a grievance the member has about a decision, act or omission that relates to the member’s service in the Defence Force; and

(b)ensuring (as far as is practicable) that the correct and preferable action is taken to redress the member’s grievance.

49Chief of the Defence Force may authorise person to receive complaints#

(1)The Chief of the Defence Force may, by written instrument, authorise one or more of the following to receive complaints made under this Part:

(a)an officer;

(b)an APS employee in the Department who is:

(i)an SES employee; or

(ii)an acting SES employee; or

(iii)classified as APS Level 6 or equivalent or higher; or

(iv)acting in a position usually occupied by an APS employee who is so classified.

(2)A person so authorised is an authorised complaint recipient.

50Making a complaint#

A member may make a complaint under this Part if the member considers:

(a)that a decision, act or omission in relation to the member’s service is adverse or detrimental to the member; and

(b)that the adverse or detrimental effect of the decision, act or omission is capable of being redressed by:

(i)the Chief of the Defence Force, or another member of the Defence Force; or

(ii)the Secretary or an employee of the Department; or

(iii)a delegate of, or a person authorised by, the Chief of the Defence Force or Secretary.

51Manner of making complaint#

(1)A complaint by a member under this Part must:

(a)be made in a form approved by the Chief of the Defence Force; and

(b)include information about the decision, act or omission concerned; and

(c)specify the redress sought; and

(d)be given to the member’s commanding officer or to an authorised complaint recipient.

Timeframe—end of service related complaint

(2)If the complaint relates to a decision to end the member’s service, it must be made:

(a)within 21 days after the member was notified of the decision; or

(b)if the Inspector-General ADF is satisfied that exceptional circumstances exist—within the time allowed by the Inspector-General ADF.

Timeframe—all other complaints

(3)If the complaint does not relate to a decision to end the member’s service, it must be made:

(a)within 6 months after the member:

(i)was notified of the decision, act or omission concerned; or

(ii)could reasonably be expected to have known about the decision, act or omission; or

(b)if the Inspector-General ADF is satisfied that exceptional circumstances exist—within the time allowed by the Inspector-General ADF.

Approved form

(4)The Chief of the Defence Force may, in writing, approve a form for the purposes of making a complaint under this Part.

52No action to be taken for certain complaints#

(1)A commanding officer or authorised complaint recipient who is given a complaint by a member must not take any action under this Part if the commanding officer or authorised complaint recipient is satisfied that the complaint is in relation to any of the following:

(a)a decision or act under this Part, or an omission to make a decision or do an act under this Part;

(b)a decision, act or omission of the Inspector-General ADF;

(c)a decision, report, finding or recommendation of an inquiry under the Defence (Inquiry) Regulations 2018;

(d)a decision to give, or not to give, a particular assessment, grade or rating as the result of a performance appraisal;

(e)a decision, judgment or order made by a summary authority, civil or criminal court, a service tribunal or the Defence Force Discipline Appeal Tribunal;

(f)a liability arising under section 68 or 69 of the Public Governance, Performance and Accountability Act 2013;

(g)an act that is part of the administrative process for making a decision, other than as part of a complaint about the decision;

(h)a decision by the Administrative Review Tribunal or another tribunal.

(2)A commanding officer or authorised complaint recipient who is given a complaint may refer the complaint to the Inspector-General ADF for consideration of whether the complaint is in relation to any of the matters in subsection (1).

(3)If a complaint has been referred under subsection (2), the Inspector-General ADF must consider whether the complaint is in relation to any of the matters in subsection (1) and notify the person who referred the complaint of that finding.

(4)If a commanding officer or authorised complaint recipient who is given a complaint by a member decides to take no further action under this Part, the commanding officer or authorised complaint recipient must notify both the member and the Inspector-General ADF of that decision, and the reasons for the decision.

Note: A reason for the decision could include a finding by the Inspector-General ADF under subsection (3) that the complaint is in relation to any of the matters in subsection (1).

53Notifying Inspector-General ADF of complaint#

(1)Subject to section 52, a commanding officer or an authorised complaint recipient who is given a complaint under this Part by a member must, within 14 days after receiving the complaint:

(a)notify the Inspector-General ADF of the complaint; and

(b)notify the member, in writing, that the Inspector-General ADF has been notified of the complaint.

(2)The commanding officer or authorised complaint recipient may also give the Inspector-General ADF any other information or material that the commanding officer or authorised complaint recipient considers relevant.

(3)If the member is not notified in accordance with paragraph (1)(b), the member may give the complaint to the Inspector-General ADF.

54Action to consider complaint or redress grievance#

(1)Subject to section 52, a commanding officer or authorised complaint recipient must also consider whether to take other action in relation to the complaint.

(2)The commanding officer or authorised complaint recipient may do any of the following:

(a)take action to redress the member’s grievance;

(b)refer the complaint to another person for consideration;

(c)refer the complaint to another person who is capable of redressing the member’s grievance;

(d)refer the complaint to be dealt with under another complaint handling procedure.

55Inspector-General ADF to consider complaint#

(1)If a complaint is made by a member under this Part, the Inspector-General ADF must consider the complaint.

(2)Subsection (1) has effect subject to section 57 of this instrument and subsection 110DB(1) of the Act.

Note: Subsection 110DB(1) of the Act provides that the Inspector-General ADF may end an inquiry or investigation if the Inspector-General ADF is satisfied that it is not warranted having regard to all the circumstances.

(3)In considering the complaint, the Inspector-General ADF may adopt any procedure that the Inspector-General ADF considers appropriate in the circumstances.

56Action by Inspector-General ADF#

(1)After considering the complaint, the Inspector-General ADF:

(a)must inform either the member’s commanding officer or a more senior officer in the member’s chain of command of the findings and any recommendations made by the Inspector-General ADF in relation to the complaint; and

(b)may inform any of the following of the findings or recommendations made by the Inspector-General ADF in relation to the complaint:

(i)the Minister;

(ii)the Chief of the Defence Force;

(iii)a service chief;

(iv)the Secretary;

(v)a member of the Defence Force;

(vi)an employee of the Department;

(vii)any other person the Inspector-General ADF considers is affected by a finding.

(2)The Inspector-General ADF may give a report about the complaint, including the findings and any recommendations by the Inspector-General ADF, to:

(a)any person mentioned in subsection (1); or

(b)if the report includes recommendations that the Inspector-General ADF considers would affect another person—to the other person.

(3)Recommendations made by the Inspector-General ADF may include, but are not limited to, action that the Inspector-General ADF considers should be taken to redress the adverse or detrimental effect of the decision, act or omission concerned.

(4)The Inspector-General ADF must inform the member of the following:

(a)the findings made by the Inspector-General in relation to the complaint;

(b)who has been informed of the findings;

(c)whether other persons have been given a report about the complaint, and if so who has been given the report.

57Inspector-General ADF not to consider certain complaints#

(1)If the Inspector-General ADF is satisfied that a complaint is in relation to any of the matters mentioned in subsection 52(1), the Inspector-General-ADF must not give any further consideration to the complaint.

(2)The Inspector-General ADF may decide not to consider the complaint, or to stop considering the complaint, if in the Inspector-General ADF’s opinion:

(a)the commanding officer or authorised complaint recipient who received the complaint has satisfactorily resolved the complaint, or will be able to satisfactorily resolve the complaint; or

(b)the member’s grievance has already been considered under this Part or another complaint handling procedure; or

(c)it would be more appropriate for the member’s grievance to be dealt with under another complaint handling procedure; or

(d)the member did not make reasonable efforts to resolve the member’s grievance before submitting the complaint under this Part; or

(e)the complaint does not include sufficient information about a decision, act or omission to enable the complaint to be considered; or

(f)the complaint is frivolous or vexatious; or

(g)consideration of the complaint is not warranted having regard to all the circumstances.

(3)If the Inspector-General ADF decides not to consider the complaint, the Inspector-General ADF must notify the member, in writing, of:

(a)the decision; and

(b)the reasons for the decision.

58Correct and preferable action to redress member’s grievance#

(1)This section applies if a commanding officer or an authorised complaint recipient is deciding what action (if any) to take under section 54 in relation to a complaint made by a member under this Part.

(2)This section also applies if the Inspector-General ADF is:

(a)deciding whether to consider, or to continue considering, a complaint made by a member under this Part; or

(b)considering such a complaint; or

(c)deciding what action to take after considering such a complaint.

(3)The commanding officer or authorised complaint recipient, and the Inspector-General ADF, must have regard to the object of this Part mentioned in paragraph 48(b) (which is to ensure, as far as is practicable, that the correct and preferable action is taken to redress members’ grievances).

59Withdrawing complaint#

(1)A member may withdraw a complaint made under this Part at any time by giving written notice to:

(a)the Inspector-General ADF; and

(b)the commanding officer or authorised complaint recipient to whom the complaint was given.

(2)If a complaint is withdrawn, and the Inspector-General ADF has not been notified of the complaint, the commanding officer or authorised complaint recipient (as appropriate) is not required to notify the Inspector-General ADF of the complaint.

60Victimisation#

Offence—causing detriment to another person

(1)A member, or an employee of the Department, commits an offence if:

(a)the member or employee engages in conduct that causes detriment to another person; and

(b)the member or employee intends to cause the detriment because the other person:

(i)has made, or proposes to make, a complaint under this Part; or

(ii)has redressed, or proposes to redress, a member’s grievance about a decision, act or omission that relates to that member’s service in the Defence Force; or

(iii)has taken, or proposes to take, any other action under this Part.

Penalty: 10 penalty units.

Offence—threatening to cause detriment to another person

(2)A member, or an employee of the Department, commits an offence if:

(a)the member or employee makes a threat to another person (the second person) to cause detriment to the second person or to a third person; and

(b)the member or employee:

(i)intends the second person to fear that the threat will be carried out; or

(ii)is reckless as to causing the second person to fear that the threat will be carried out; and

(c)the member or employee makes the threat because a person:

(i)has made, or proposes to make, a complaint under this Part; or

(ii)has redressed, or proposes to redress, a member’s grievance about a decision, act or omission that relates to the member’s service in the Defence Force; or

(iii)has taken, or proposes to take, any other action in relation to this Part.

Penalty: 10 penalty units.

(3)For the purposes of subsection (2), a threat may be:

(a)express or implied; or

(b)conditional or unconditional.

(4)In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

Part 9 · Medical and dental treatment

61Provision of medical and dental treatment#

(1)The Commonwealth must arrange provision to a member of the Defence Force rendering continuous full time service of medical and dental treatment necessary to keep the member fit for the performance of the member’s duties.

(2)The provision of treatment under subsection (1) is not required to comply with a law of a State or Territory if it complies with a Defence Instruction.

(3)The Commonwealth must arrange for the supply of pharmaceuticals required for the provision of treatment under subsection (1), including arranging associated activities such as transport, storage and possession of the pharmaceuticals.

(4)The supply of pharmaceuticals (and associated activities) under subsection (3) is not required to comply with a law of a State or Territory if it complies with a Defence Instruction.

62Recovery of the costs of treatment in certain circumstances#

(1)If:

(a)the Commonwealth provides medical or dental treatment to a member under section 61 in relation to an illness or injury; and

(b)the Secretary is satisfied that the member may have an enforceable claim for damages against a person for the illness or injury;

the Secretary may, in writing, require the member to pay an amount to the Commonwealth for the treatment.

(2)The amount must not exceed the expense incurred by the Commonwealth.

(3)The amount is a debt due to the Commonwealth.

(4)Without limiting the means by which the debt may be recovered, the Commonwealth may deduct the amount from the member’s salary and allowances.

(5)Subsection (1):

(a)applies regardless of when the illness or injury occurred or when the enforceable claim for damages may have arisen; and

(b)continues to apply to a person who ceases to be a member at any time after receiving the treatment.

Part 10 · Oaths and affirmations etc. for members serving overseas

63Oaths and affirmations etc. for members outside Australia#

(1)A competent officer may do the following for a member of the Defence Force who is serving outside Australia:

(a)administer an oath or affirmation;

(b)take an affidavit;

(c)witness the signing of a document.

(2)Any writing by the competent officer evidencing the oath, affirmation, affidavit or witnessing must include the signature, name and rank of the competent officer.

(3)However, the competent officer is not required to state the place where the oath or affirmation is administered, the affidavit is sworn or the document is witnessed.

(4)The oath, affirmation, affidavit or witnessing has effect:

(a)if it is substantially in accordance with a form provided by the Commonwealth, a State or a Territory; and

(b)for the purposes of any law of the Commonwealth, a State or a Territory.

(5)For the purposes of this Part, a reference to a member of the Defence Force includes a reference to:

(a)a person who accompanies a part of the Defence Force; or

(b)a member of the Defence Force who is a prisoner of war, interned or in custody in a place outside Australia.

64Meaning of competent officer#

Each of the following is a competent officer:

(a)an officer;

(b)a member of the naval, military or air force of Canada, New Zealand, the United Kingdom or the United States of America who holds a rank equivalent to an officer;

(c)in relation to a member of the Defence Force who is a prisoner of war, interned or in custody in a place outside Australia—the person who is the official representative of prisoners of war or other persons detained or interned in that place.

Part 11 · Certification of deaths

65Minister may issue death certificates#

(1)The Minister may issue a death certificate for a member of the Defence Force if the Minister is satisfied that, while on service, the member:

(a)has died; or

(b)has become missing and is presumed to have died.

(2)The certificate must state:

(a)the date on which the member died or is presumed to have died; or

(b)a date before or after which the member died or is presumed to have died.

(3)The death certificate is prima facie evidence of the death, and time of death, of the member.

(4)For the purposes of this Part, a reference to a member of the Defence Force includes a reference to:

(a)a person who accompanies a part of the Defence Force; or

(b)a member of the Defence Force who is a prisoner of war, interned or in custody in a place outside Australia.

66Cancellation and correction of death certificates#

(1)If the Minister is satisfied that a death certificate (the original certificate) is incorrect, the Minister must:

(a)require the return of the original certificate; and

(b)either:

(i)cancel the original certificate; or

(ii)issue a corrected death certificate.

(2)Subsection (1) applies whether the original certificate is incorrect in respect of:

(a)a particular set out in the certificate; or

(b)the death of the member.

(3)If the original certificate is not returned, cancelling the original certificate or issuing a corrected death certificate does not affect the rights of a person acting in good faith in reliance on the original certificate.

Offences

(4)A person commits an offence if:

(a)the person has possession or control of a death certificate; and

(b)the Minister requires the person to return the death certificate; and

(c)the person fails to comply with the requirement as soon as practicable.

Penalty: 10 penalty units.

(5)A person commits an offence if:

(a)the person has possession or control of a death certificate; and

(b)either:

(i)the Minister requires the person to return the death certificate; or

(ii)the person knows that the Minister will require the person to return the death certificate; and

(c)the person makes use of, or purports to act in reliance on, the death certificate.

Penalty: 10 penalty units.

67Dealing with property#

(1)This section applies if a death certificate for a member is in effect.

(2)Leave of a court is not required for the distribution or administration of the member’s estate if:

(a)probate of the member’s will has been granted or is proposed to be granted; or

(b)administration of the member’s estate has been granted or is proposed to be granted.

(3)No bond, surety or other security must be required in relation to money or other property forming part of the member’s estate that would not have been required if the member’s death had been proved conclusively.

68No civil or criminal liability for reliance on certificate or cancellation#

A person is not subject to any civil or criminal liability only because the person has paid money or transferred property in good faith in reliance on a certificate or cancellation under this Part.

Part 12 · Defence areas

Division 1 · Application of Part

69Application#

(1)This Part does not apply to a person if, immediately before the repeal of the Defence Force Regulations 1952, Part VII of that instrument applied to the person.

Note: For the application of Part VII of the Defence Force Regulations 1952, see subsection 72TB(1) of the Act.

(2)Despite the repeal of the Defence Force Regulations 1952, Part VII of that instrument continues to apply in accordance with subsection 72TB(1) of the Act.

Division 2 · Defence areas

70Declaration of defence area#

(1)The Minister may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a defence area for use for a defence purpose.

(2)The declaration must:

(a)specify the defence purpose for which the area is required; and

(b)specify whether entry into a defence area is to be:

(i)prohibited at all times; or

(ii)prohibited during particular periods as determined under subsection 71(1).

(3)The Minister must not declare an area unless:

(a)the area is Commonwealth land; or

(b)for land that is not Commonwealth land—the consent in writing of the occupier of the land has been obtained; or

(c)it is necessary or expedient, in the interests of the safety or defence of Australia, to use the area for the purpose of:

(i)testing defence materiel; or

(ii)carrying out a defence operation or practice; or

(d)the area is a depot, factory, laboratory, store or other facility used by or on behalf of the Commonwealth in relation to defence materiel.

(4)The area may be used for the defence purpose specified in the declaration.

71Prohibition of entry into defence area#

(1)If entry into a defence area is to be prohibited during particular periods, the Chief of the Defence Force or the Secretary may determine a period when entry is prohibited.

Note: For example, entry may be prohibited while a defence operation or practice takes place.

(2)The Chief of the Defence Force or the Secretary must cause such notice to be given of a prohibition of entry into the area as is reasonably required, having regard to:

(a)whether entry is prohibited at all times; and

(b)the need to protect persons and property that might be affected by activities in the defence area; and

(c)the nature of the activities to be undertaken in the area; and

(d)the equipment to be used in those activities, and the risk to persons or property that is likely to arise from that use; and

(e)the forms of communication available for notifying the public.

Offence

(3)A person commits an offence if:

(a)the person is in a defence area; and

(b)at the time the person is in the area, entry into the area is prohibited.

Penalty: 20 penalty units.

Defence

(4)Subsection (3) does not apply if the person has permission from one of the following to be in the defence area at that time:

(a)a person authorised by the Chief of the Defence Force or the Secretary to grant permission;

(b)an officer participating in an activity being undertaken in the defence area at that time.

Note 1: See section 74 for requirements concerning permission.

Note 2: A defendant bears an evidential burden in relation to a matter mentioned in subsection (4) (see section 13.3 of the Criminal Code).

72Requirement to remove property from defence area#

(1)If entry to a defence area is not prohibited at all times, the Chief of the Defence Force or the Secretary may direct that a person is required to ensure that an item of movable property is not present in the area during a period that entry is prohibited.

(2)To avoid doubt, a direction may identify the person to whom it applies by reference to a class of persons, and the property to which it applies by reference to a class of property.

Note: For example, a direction may require owners of vehicles, vessels and aircraft to ensure these items are not present.

(3)A direction may apply to a particular period during which entry is prohibited, or to all such periods.

(4)The Chief of the Defence Force or the Secretary must cause such notice to be given of the direction as is reasonably required, having regard to:

(a)the persons to whom the requirement applies; and

(b)the kind of property to which the requirement applies; and

(c)the period during which the requirement applies; and

(d)the forms of communication available for notifying the persons affected.

Offence

(5)A person commits an offence if:

(a)a direction under this section requires the person to ensure an item of movable property is not present in a defence area during a period; and

(b)the person fails to comply with the direction.

Penalty: 20 penalty units.

Defence

(6)Subsection (5) does not apply if the person has permission from one of the following for the item of property to be in the defence area during that period:

(a)a person authorised by the Chief of the Defence Force or the Secretary to grant permission;

(b)an officer participating in an activity being undertaken in the defence area during that period.

Note 1: See section 74 for requirements concerning permission.

Note 2: A defendant bears an evidential burden in relation to a matter mentioned in subsection (6) (see section 13.3 of the Criminal Code).

73Installation of equipment#

(1)The Chief of the Defence Force may authorise the installation, placement or construction of equipment (including a structure) for defence purposes within a defence area, including on the sea-bed or in the subsoil beneath an area.

(2)If entry to the area is not prohibited at all times, the Chief of the Defence Force must cause such notice to be given of the location of the equipment, and of activities that would be likely to interfere with the operation of the equipment, as is reasonably required having regard to:

(a)the nature of the equipment; and

(b)the risk of damage to the equipment; and

(c)the risk of other interference with the operation of the equipment; and

(d)the forms of communication available for notifying persons in reasonable proximity to the equipment.

Offence

(3)A person commits an offence if the person interferes with the operation of equipment installed, placed or constructed in a defence area as authorised under this section.

Penalty: 20 penalty units.

Defence

(4)Subsection (3) does not apply if the person has permission from one of the following to engage in conduct that might or will interfere with the operation of the equipment:

(a)a person authorised by the Chief of the Defence Force or the Secretary to grant permission;

(b)an officer participating in a kind of activity for which the equipment was installed.

Note 1: See section 74 for requirements concerning permission.

Note 2: A defendant bears an evidential burden in relation to a matter mentioned in subsection (4) (see section 13.3 of the Criminal Code).

74Permission requirements#

(1)Permission for the purposes of subsection 71(4), 72(6) or 73(4) must be given in writing and must specify the period for which the permission is effective.

(2)Permission may be subject to conditions (including conditions in relation to the conduct of the person to whom the permission is given) that are reasonably required for:

(a)the protection of persons and property in the defence area; or

(b)the safety or defence of Australia; or

(c)the protection of official secrets.

Offence

(3)A person commits an offence if:

(a)the person is given permission for the purposes of subsection 71(4), 72(6) or 73(4); and

(b)the person engages in conduct that is in breach of a condition of the permission.

Penalty: 20 penalty units.

75Removal from defence area#

(1)A person may be removed from a defence area if the person:

(a)is in the defence area in contravention of subsection 71(3); or

(b)fails to comply with a condition of permission given to the person for the purposes of subsection 71(4) or 73(4).

(2)An item of movable property may be removed from a defence area if:

(a)a person contravenes subsection 72(5) in relation to the item; or

(b)a condition of permission given for the purposes of subsection 72(6) in relation to the item is not complied with.

(3)The person or item may be removed by or under the direction of:

(a)a member of the Defence Force; or

(b)a police officer; or

(c)an Australian Government officer; or

(d)a person authorised by the Minister.

(4)The power of removal is without prejudice to any proceedings that may be taken against a person.

76Offence of obstructing or hindering#

(1)A person commits an offence if:

(a)the person obstructs or hinders another person; and

(b)the other person is:

(i)a member of the Defence Force; or

(ii)a police officer; or

(iii)an Australian Government officer; or

(iv)a person authorised by the Minister for the purposes of paragraph 75(3)(d); and

(c)the other person is exercising a power under section 75 to remove a person or item of movable property.

Penalty: 20 penalty units.

(2)A person commits an offence if:

(a)the person obstructs or hinders another person; and

(b)the other person is acting under a direction given under subsection 75(3).

Penalty: 20 penalty units.

77Other defence operations and practices#

Nothing in this Division affects the power of the Commonwealth to undertake defence operations and practices outside of defence areas.

78Division binds the Crown#

This Division binds the Crown in each of its capacities.

Division 3 · Compensation

79Compensation for loss or damage#

(1)The Commonwealth is liable to pay a reasonable amount of compensation to a person who suffers any of the following forms of loss or damage as a result of the operation of this Part:

(a)a personal injury;

(b)damage to property;

(c)a loss of income.

(2)Without limiting how the loss or damage may be caused by the operation of this Part, subsection (1) applies if the person:

(a)is ordinarily resident in a place when it is declared a defence area under section 70, and suffers the loss or damage because of the declaration; or

(b)suffers the loss or damage because of the use of land for an activity in a defence area.

(3)If the Commonwealth and the person do not agree on the amount of compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

80Compensation for acquisition of property#

(1)If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Part 13 · Defence aviation areas

Division 1 · General

81Application#

This Part is made for the purposes of Part IXD of the Act.

82Interpretation#

For the purposes of this Part:

(a)a reference to the height of a building, structure or object on land is to be read as a reference to the height of the highest point of the building, structure or object above the lowest point of the natural ground level of the land covered by the building, structure or object; and

(b)a reference to the height of a building, structure or object at sea is to be read as a reference to the height of the highest point of the building, structure or object above mean sea level; and

(c)a reference to a structure or building includes a reference to any thing attached or fixed to the building or structure; and

(d)a reference to constructing a building or structure includes a reference to:

(i)causing or permitting a building or structure to be constructed, altered or extended; or

(ii)bringing a building or structure into a defence aviation area; and

(e)a reference to bringing an object into, or having an object within, a defence aviation area includes a reference to causing or permitting an object to be assembled, altered or extended within a defence aviation area; and

(f)a reference to the marking or lighting of a building, structure or object is to be read as a reference to marking or lighting the building, structure or object in such manner that the existence of the building, structure or object can be recognised by day and by night from an aircraft; and

(g)a reference to an object, building or structure hazardous to aircraft or to aviation-related communications, navigation or surveillance is to be read as a reference to an object, building or structure:

(i)that is, may become, or may be operated to be, an obstacle or hazard to aircraft; or

(ii)that interferes, or may interfere, with the control of aircraft; or

(iii)that interferes, or may interfere, with aviation-related communications, navigation or surveillance required for the control of aircraft or for the defence of Australia; or

(iv)that poses a risk to the security of the aircraft, or to aviation-related communications, navigation or surveillance required for the control of aircraft.

Division 2 · Requirements in relation to defence aviation areas

Subdivision A · Height restrictions

83Buildings and structures above specified height restrictions#

(1)A person commits an offence if:

(a)the person constructs a building or structure within an area; and

(b)the area is a defence aviation area; and

(c)the building or structure exceeds the height restriction applying to the building or structure within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; and

(d)the person does not have a valid approval under section 88 to construct the building or structure at a height that exceeds the height restriction applying to the building or structure.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

84Buildings and structures that generate plumes or air turbulence above specified height restrictions#

(1)A person commits an offence if:

(a)the person constructs a building or structure within an area; and

(b)the area is a defence aviation area; and

(c)the building or structure generates plumes or air turbulence, or causes plumes or air turbulence to be generated, above the height restriction applying to the building or structure within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; and

(d)the person does not have a valid approval under section 88 to construct the building or structure.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

85Objects in defence aviation areas above specified height restrictions#

(1)A person commits an offence if:

(a)the person brings into, or has within, a defence aviation area an object; and

(b)the area is a defence aviation area; and

(c)the object exceeds the height restriction applying to the object within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; and

(d)the person does not have a valid approval under section 88 to bring into, or have within, the defence aviation area the object at a height that exceeds the height restriction applying to the object.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

86Objects that generate plumes or air turbulence above specified height restrictions#

(1)A person commits an offence if:

(a)the person brings into, or has within, a defence aviation area an object; and

(b)the area is a defence aviation area; and

(c)the object generates plumes or air turbulence, or causes plumes or air turbulence to be generated, above the height restriction applying to the object within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; and

(d)the person does not have a valid approval under section 88 to bring into, or have within, the defence aviation area the object.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

87Applications for approval#

(1)A person may apply to the Minister for approval to construct a building or structure, or bring into or have within a defence aviation area an object, that:

(a)exceeds the height restriction (the relevant height restriction) applying to the building, structure or object within the defence aviation area, or part of the defence aviation area, specified in a Ministerial declaration for the defence aviation area; or

(b)is likely to:

(i)generate plumes or air turbulence above the relevant height restriction; or

(ii)cause plumes or air turbulence to be generated above the relevant height restriction.

(2)An application for approval must:

(a)be in writing and signed by, or on behalf of, the applicant; and

(b)be given to the Minister; and

(c)specify the height of the building, structure or object; and

(d)state the purpose for which the building, structure or object is proposed to be used; and

(e)state whether in connection with the building, structure or object any object hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance;

is proposed, or is likely, to be brought into the defence aviation area; and

(f)specify the height of any other objects that may reasonably be expected to be within the defence aviation area in connection with the building, structure or object; and

(g)be accompanied by plans, including elevation views, that show the shape, size, position, geographic coordinates and material of the building, structure or object and the contours of the land on which the building, structure or object will be located; and

(h)include a detailed description of measures to prevent or reduce any hazards to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance;

that may reasonably be expected to be caused by the building, structure or object; and

(i)if the building, structure or object is likely to generate plumes or air turbulence, or to cause plumes or air turbulence to be generated, above the relevant height restriction—include a detailed description of the likely plumes or air turbulence and the measures to prevent or reduce any hazards to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance;

that may reasonably be expected to be caused by the plumes or air turbulence.

(3)The Minister may, by notice in writing, require an applicant to provide such further information with respect to an application as is reasonably required for a proper consideration of the application.

(4)The Minister is not required to consider, or further consider, the application until the further information is provided.

88Grant or refusal of approval#

(1)The Minister may, by instrument in writing, grant, or refuse to grant, approval to construct a building or structure, or bring into or have within a defence aviation area an object.

(2)An approval may be subject to such conditions as the Minister considers necessary to prevent or reduce hazards to:

(a)aircraft; or

(b)aviation-related communications, navigation or surveillance.

(3)Without limiting subsection (2), an approval may be subject to such conditions with respect to any or all of the following:

(a)the position of the building, structure or object;

(b)its shape, size or height;

(c)the manner of its construction;

(d)the materials of which it is to be constructed;

(e)the purpose for which it may be used;

(f)the manner in which it is to be marked;

(g)the height of any apparatus to be used in its construction;

(h)the manner in which that apparatus is to be marked.

(4)The conditions must be specified in the approval.

(5)The Minister must not:

(a)refuse to grant approval; or

(b)grant approval subject to conditions; or

(c)impose, either at the time of approval or by subsequent variation, conditions with respect to the marking or lighting of a building, structure or object;

except for the purpose of preventing or reducing hazards to:

(d)aircraft; or

(e)aviation-related communications, navigation or surveillance.

89Conditions of approval to be complied with#

A person commits an offence if:

(a)an approval is granted under section 88; and

(b)the approval is subject to a condition; and

(c)the person fails to comply with the condition.

Penalty: 20 penalty units.

Subdivision B · Hazards and hazardous use of objects, buildings and structures

90Hazardous objects#

(1)A person commits an offence if:

(a)the person brings an object into an area or has an object within an area; and

(b)the area is a defence aviation area; and

(c)the object is hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to bring into, or have within, the defence aviation area the object.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

91Hazardous buildings or structures#

(1)A person commits an offence if:

(a)the person constructs a building or structure within an area or has a building or structure within an area; and

(b)the area is a defence aviation area; and

(c)the building or structure is hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to construct, or have within the area, the building or structure.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

92Use of objects, buildings or structures that is hazardous#

(1)A person commits an offence if:

(a)the person uses an object, building or structure in an area; and

(b)the area is a defence aviation area; and

(c)the object, building or structure is used in a manner that is hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to use the object, building or structure in that manner in the defence aviation area.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

93Objects that attract hazardous animals#

(1)A person commits an offence if:

(a)the person brings an object into an area or has an object within an area; and

(b)the area is a defence aviation area; and

(c)the object is likely to attract animals that are hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to bring into, or have within, the defence aviation area the object.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3)A person commits an offence if:

(a)the person uses an object within an area; and

(b)the area is a defence aviation area; and

(c)the use of the object is likely to attract animals that are hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to use the object in that manner in the defence aviation area.

Penalty: 20 penalty units.

(4)Strict liability applies to paragraphs (3)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

94Buildings or structures that attract hazardous animals#

(1)A person commits an offence if:

(a)the person constructs a building or structure within an area; and

(b)the area is a defence aviation area; and

(c)the building or structure is likely to attract animals that are hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to construct the building or structure.

Penalty: 20 penalty units.

(2)Strict liability applies to paragraphs (1)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3)A person commits an offence if:

(a)the person uses a building or structure within an area; and

(b)the area is a defence aviation area; and

(c)the use of the building or structure is likely to attract animals that are hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance; and

(d)the person does not have a valid approval under section 96 to use the building or structure in that manner in the defence aviation area.

Penalty: 20 penalty units.

(4)Strict liability applies to paragraphs (3)(b) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

95Applications for approval#

(1)A person may apply to the Minister for approval to do any of the following:

(a)bring into, or have within, a defence aviation area an object of a kind mentioned in paragraph 90(1)(c) or 93(1)(c);

(b)use an object, building or structure in a defence aviation area in the manner mentioned in paragraph 92(1)(c), 93(3)(c) or 94(3)(c);

(c)construct a building or structure within a defence aviation area, or have within a defence aviation area a building or structure, of a kind mentioned in paragraph 91(1)(c) or 94(1)(c).

(2)An application must be in the form approved by the Minister and must contain the information required by the form.

(4)The Minister is not required to consider, or further consider, the application until the further information is provided.

96Grant or refusal of approval#

(1)The Minister may, by instrument in writing, grant, or refuse to grant, an approval for the purposes of subsection 95(1).

(2)An approval may be subject to such conditions as the Minister considers necessary to prevent or reduce hazards to:

(a)aircraft; or

(b)aviation-related communications, navigation or surveillance.

(3)Without limiting subsection (2), an approval may be subject to conditions with respect to any or all of the following:

(a)the time when the object may be brought into the defence aviation area;

(b)the period during which it may remain in the defence aviation area;

(c)the position of the building, structure or object;

(d)the building, structure or object’s shape or size;

(e)the purpose for which the building, structure or object may be used;

(f)the manner in which the building, structure or object may be used (including the speed at which the object may travel);

(g)the times during which the building, structure or object may be used;

(h)the manner in which the building, structure or object is to be marked;

(i)the types of animals that may be kept or must not be kept in the building or structure.

(4)The conditions must be specified in the approval.

(5)The Minister must not:

(a)refuse to grant approval; or

(b)grant approval subject to conditions; or

(c)impose, either at the time of approval or by subsequent variation, conditions with respect to the marking or lighting of a building, structure or object;

except for the purpose of preventing or reducing hazards to:

(d)aircraft; or

(e)aviation-related communications, navigation or surveillance.

97Conditions of approval to be complied with#

A person commits an offence if:

(a)an approval is granted under section 96; and

(b)the approval is subject to a condition; and

(c)the person fails to comply with the condition.

Penalty: 20 penalty units.

Subdivision C · Buildings, structures or objects may be removed or marked etc.

98Removal or marking etc. of buildings, structures or objects#

(1)If there is within a defence aviation area:

(a)a building, structure or object (including trees or other natural obstacles) that exceeds the height restriction applying to the building, structure or object within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; or

(b)a building, structure or object (including trees or other natural obstacles) that generates plumes or air turbulence, or causes plumes or air turbulence to be generated, above the height restriction applying to the building, structure or object within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; or

(c)any other building, structure or object (including trees or other natural obstacles) that constitutes, may constitute or the use of which may constitute a hazard to:

(i)aircraft operating in, or in the vicinity of, the defence aviation area; or

(ii)aviation-related communications, navigation or surveillance;

the Minister may, by notice in writing, give directions with respect to:

(d)the removal (in whole or in part), within a time of not less than 28 days specified in the notice, of the whole or a specified part of the building, structure or object; or

(e)the marking, lighting, screening, modification or relocation of the building, structure or object within a time specified in the notice.

(2)The Minister may give a direction under subsection (1) only if the Minister is reasonably satisfied that it is necessary to do so for the purpose of preventing or reducing hazards to:

(a)aircraft; or

(b)aviation-related communications, navigation or surveillance.

(3)The time specified in a notice must be a reasonable time in all the circumstances.

(4)The powers conferred by subsection (1) may be exercised in relation to a building, structure or object (including trees or other natural obstacles) whether or not approval has been granted under section 88 or 96.

(5)A notice under subsection (1) in relation to a building, structure or object (including trees or other natural obstacles) may be given to any person whom the Minister reasonably believes occupies, or has an interest in, the land on which the building, structure or object is situated.

(6)A notice under subsection (1) must not be given to a person unless it is reasonable that the person should be required to comply with the requirement of the notice.

(7)A notice under subsection (1) may be given in relation to a building, structure or object (including trees or other natural obstacles) regardless of when the building, structure or object was first in the defence aviation area.

(8)A person commits an offence if:

(a)a notice is given to the person under this section; and

(b)the person fails to comply with a direction in the notice within the time period specified in the notice.

Penalty: 20 penalty units.

99Removal or marking of buildings, structures or objects in urgent situations#

(1)This section applies if the Minister is satisfied on reasonable grounds that:

(a)a building, structure or object (including trees or other natural obstacles) within a defence aviation area; or

(b)plumes or air turbulence generated by a building, structure or object (including trees or other natural obstacles) within a defence aviation area; or

(c)the use of a building, structure or object (including trees or other natural obstacles) within a defence aviation area;

constitutes, contributes to or results in, a serious and imminent risk to aircraft or aviation-related communications, navigation or surveillance.

(2)Despite section 98, the Minister may, by notice in writing, give directions with respect to the following:

(a)the removal of the whole or a specified part of the building, structure or object (including trees or other natural obstacles) within a time specified in the notice;

(b)the marking, lighting, screening, modification or relocation of the building, structure or object (including trees or other natural obstacles) within a time specified in the notice.

(3)The time specified in the notice must be reasonable in all the circumstances.

Note: The notice may require immediate compliance if the circumstances are sufficiently serious.

(4)A notice under subsection (2) must not be given to a person unless it is reasonable that the person should be required to comply with the requirement of the notice.

(5)A notice under subsection (2) may be given in relation to a building, structure or object (including trees or other natural obstacles) regardless of when the building, structure or object was first in the defence aviation area.

(6)A person commits an offence if:

(a)a notice is given to the person under this section; and

(b)the person fails to comply with a direction in the notice within the time period specified in the notice.

Penalty: 20 penalty units.

Division 3 · Monitoring

100Provisions subject to monitoring under the Regulatory Powers Act#

For the purposes of subsection 117AE(1) of the Act, the following provisions of this Part are prescribed:

(a)section 83;

(b)section 84;

(c)section 85;

(d)section 86;

(e)section 89;

(f)section 90;

(g)section 91;

(h)section 92;

(i)section 93;

(j)section 94;

(k)section 97;

(l)section 98;

(m)section 99.

101Information subject to monitoring under the Regulatory Powers Act#

For the purposes of subsection 117AE(2) of the Act, the following provisions of this Part are prescribed:

(a)section 87;

(b)section 95.

Division 4 · Compensation

102Compensation for diminution of land value, loss or damage#

(1)For the purposes of paragraph 124(1)(r) of the Act, the Commonwealth is, subject to subsection (2) of this section, liable to pay a reasonable amount of compensation to a person if:

(a)the value of land is diminished as a result of a Ministerial declaration and the person has an interest in the land; or

(b)because of the removal under this Part of a building, structure or object (including trees or other natural obstacles) from a defence aviation area the person suffers loss or damage, or incurs expense, as a direct result of that removal; or

(c)because of the marking or lighting under this Part of a building, structure or object (including trees or other natural obstacles) in a defence aviation area the person suffers loss or damage, or incurs expense, as a direct result of that marking or lighting.

(2)Paragraphs (1)(b) and (c) do not apply in relation to a building, structure or object if:

(a)the building, structure or object was constructed within a defence aviation area without a valid approval under section 88 or 96; or

(b)the person brings the object into, or has the object within, a defence aviation area without a valid approval under section 88 or 96; or

(c)the person uses the object in a defence aviation area in a manner that is hazardous to:

(i)aircraft; or

(ii)aviation-related communications, navigation or surveillance;

without a valid approval under section 88 or 96; or

(d)an approval in force under section 88 or 96 in relation to the building, structure or object, or a condition to which such an approval is subject, is contravened.

103Compensation for acquisition of property#

Division 5 · Review of decisions

104Review by Administrative Review Tribunal#

Applications may be made to the Administrative Review Tribunal for review of:

(a)a decision under subsection 88(1) to refuse to grant approval for the purposes of subsection 87(1); or

(b)a decision under subsection 88(2) to impose a condition for the purposes of subsection 87(1); or

(c)a decision under subsection 96(1) to refuse to grant approval for the purposes of subsection 95(1); or

(d)a decision under subsection 96(2) to impose a condition on an approval for the purposes of subsection 95(1); or

(e)a direction under subsection 98(1) or 99(2) to remove a building, structure or object; or

(f)a direction under subsection 98(1) or 99(2) with respect to the marking, lighting, screening, modification or relocation of a building, structure or object.

Part 14 · Counter-UXS measures

Division 1 · Preliminary

105Definitions#

In this instrument:

authorised person means a person:

(a)who is:

(i)a member of the Australian Defence Force; or

(ii)an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or

(iii)a member of the police force or police service of a State or Territory; or

(iv)authorised by the Secretary or the Chief of the Defence Force under subsection 108(1) to be an authorised person; or

(v)authorised by the Head of ASA under subsection 108(3) to be an authorised person; or

(vi)authorised by the Director-General of ASD under subsection 108(5) to be an authorised person; and

(b)who has appropriate training, qualifications, skills or experience in conducting counter-UXS measures.

defence asset means any of the following:

(a)a vehicle, vessel (within the meaning of the Navigation Act 2012) or aircraft (within the meaning of the Civil Aviation Act 1988) that:

(i)is owned by the Commonwealth for use by the Australian Defence Force or the Department; or

(ii)belongs to, or is operated by, a visiting force (within the meaning of the Defence (Visiting Forces) Act 1963);

(b)an asset declared for the purposes of this paragraph by the Minister under section 109 of this instrument.

defence contractor means a person who is engaged to perform either or both of the following kinds of services for the Department, the Australian Defence Force, the ASA or the ASD:

(a)security services;

(b)services in relation to counter-UXS measures.

protected defence area means any of the following:

(a)a defence area;

(b)a defence aviation area;

(c)defence premises (within the meaning of subsection 71A(1) of the Act);

(d)any of the following that is in Australia, and is owned or occupied by the Commonwealth for use by the ASA or the ASD:

(i)an area of land or any other place (whether or not it is enclosed or built on);

(ii)a building or other structure;

(e)a defence prohibited area as mentioned in subsection 144(2);

(f)a defence practice area as mentioned in subsection 144(3);

(g)an area of land declared by the Minister under section 116Q of the Act;

(h)a restricted area within the meaning of the Defence (Special Undertakings) Act 1952;

(i)naval waters within the meaning of the Control of Naval Waters Act 1918;

(j)a Commonwealth explosives area within the meaning of section 13 of the Explosives Act 1961;

(k)an area declared for the purposes of this paragraph by the Minister under section 110 of this instrument.

106Meaning of counter-UXS measures#

For the purposes of this instrument, counter-UXS measures include, but are not limited to, the following measures:

(a)measures to identify a UXS device;

(b)measures to detect and track a UXS device;

(c)measures to disable a UXS device;

(d)measures to interfere with, or manipulate, the operation of a UXS device (including diverting or re-routing the device);

(e)measures to take control of a UXS device;

(f)measures to modify a UXS device;

(g)measures to seize, capture or detain a UXS device;

(h)measures to destroy a UXS device;

(i)measures to exploit a UXS device (including using the device for defence purposes).

107Meaning of UXS device#

For the purposes of this instrument, a UXS device is an uncrewed device that:

(a)does not have a person onboard the device; and

(b)either:

(i)is autonomous; or

(ii)is remotely operated; and

(c)moves:

(i)on the ground; or

(ii)on water; or

(iii)underwater; or

(iv)in the air.

Note: UXS devices include devices such as the following:

(a) uncrewed aerial systems (UAS);

(b) uncrewed maritime systems (UMS);

(d) uncrewed underwater vehicles (UUV);

(e) uncrewed surface vessels (USV);

(f) uncrewed ground vehicles (UGV).

108Authorised person#

APS employee in the Department and Defence contractors

(1)The Secretary or the Chief of the Defence Force may, in writing, appoint:

(a)a specified person; or

(b)a person holding, occupying, or performing the duties of, a specified office or position;

to be an authorised person for the purposes of subparagraph (a)(iv) of the definition of authorised person in section 105.

(2)The Secretary or the Chief of the Defence Force must not appoint a person under subsection (1) unless the person is:

(a)an APS employee in the Department; or

(b)a Defence contractor performing services for the Department or the Australian Defence Force.

Employees of ASA and Defence contractors

(3)The Head of ASA may, in writing, appoint:

(a)a specified person; or

(b)a person holding, occupying, or performing the duties of, a specified office or position;

to be an authorised person for the purposes of subparagraph (a)(v) of the definition of authorised person in section 105.

(4)The Head of ASA must not appoint a person under subsection (3) unless the person is:

(a)an employee of ASA; or

(b)a Defence contractor performing services for ASA.

Employees of ASD and Defence contractors

(5)The Director-General of ASD may, in writing, appoint:

(a)a specified person; or

(b)a person holding, occupying, or performing the duties of, a specified office or position;

to be an authorised person for the purposes of subparagraph (a)(vi) of the definition of authorised person in section 105.

(6)The Director-General of ASD must not appoint a person under subsection (5) unless the person is:

(a)an employee of ASD; or

(b)a Defence contractor performing services for ASD.

109Minister may declare defence asset#

For the purposes of paragraph (b) of the definition of defence asset in section 105, the Minister may, in writing, declare a thing to be a defence asset if the Minister reasonably believes that it is in the interests of the defence of Australia or national security to make the declaration.

110Minister may declare protected defence area#

For the purposes of paragraph (k) of the definition of protected defence area in section 105, the Minister may, by legislative instrument, declare an area of land, sea or airspace in Australia, to be a protected defence area if the Minister reasonably believes that it is in the interests of the defence of Australia or national security to make the declaration.

Division 2 · Counter-UXS Measures

111Counter UXS measures#

Scope of this section

(1)This section applies if:

(a)a UXS device:

(i)has entered, or will enter or is reasonably likely to enter, a protected defence area; or

(ii)is in the vicinity of a protected defence area; and

(b)an authorised person reasonably believes that the UXS device:

(i)poses a safety or security threat to the area, or any person or thing in the area; or

(ii)may compromise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations.

(2)This section also applies if an authorised person reasonably believes that a UXS device:

(a)poses a safety or security threat to a defence asset; or

(b)constitutes a risk to a defence asset in a way that may compromise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations.

Authorised person may take counter-UXS measures

(3)The authorised person may take counter-UXS measures that are reasonable and safe in the circumstances:

(a)to prevent, eliminate, minimise or otherwise deal with the threat; or

(b)to protect Australia’s defence or security interests, or Australia’s defence activities or operations.

(4)In taking counter-UXS measures under subsection (3), an authorised person must:

(a)have regard to any guidelines or directions issued by the Minister in relation to counter-UXS measures; and

(b)act consistently with the obligations of Australia under any agreement between Australia and another country, or other countries, relating to the safety of air navigation or maritime navigation.

(5)Subsection (3) applies only to the extent that the counter-UXS measures do not constitute an offence under the Criminal Code Act 1995.

No limitation of executive power etc.

(6)This section is not intended to exclude or limit the executive power of the Commonwealth or the operation of any other law of the Commonwealth, or the law of a State or Territory, in relation to counter-UXS measures.

Division 3 · Miscellaneous

112Personal information#

An authorised person is authorised to do any of the following:

(a)collect personal information (including sensitive information) for purposes related to the taking of counter-UXS measures;

(b)collect, for purposes related to the taking of counter-UXS measures, personal information about an individual in connection with counter-UXS activities from a source other than the individual;

(c)use the personal information for purposes related to the taking of counter-UXS measures;

(d)disclose the personal information to one or more of the following persons or bodies, for the purposes of the performance of the functions of the person or body:

(i)an intelligence or security agency;

(ii)the Australian Federal Police or the police force or police service of a State or Territory;

(iii)the Director of Public Prosecutions of the Commonwealth or a State or Territory;

(iv)the Australian Border Force;

(v)the Civil Aviation Safety Authority;

(vi)Airservices Australia;

(vii)the Australian Maritime Safety Authority;

(viii)a foreign government, or an international body, with which the Department has a written agreement providing for the sharing of information.

Note: Collection, use or disclosure of personal information made in accordance with this section is taken to be authorised by an Australian law for the purposes of the Australia Privacy Principles, including paragraph 3.4(a) and subparagraph 3.6(a)(ii) of Australian Privacy Principle 3, paragraph 6.2(b) of Australian Privacy Principle 6 and paragraph 8.2(c) of Australian Privacy Principle 8.

113Retrieving information contained in UXS devices in lawful possession of authorised person#

(1)An authorised person is authorised to collect information contained in a UXS device that is in the lawful possession of the authorised person, and may do so by any means the authorised person considers appropriate in the circumstances.

(2)Subsection (1) applies only to the extent that the collection of the information does not constitute an offence under the Criminal Code Act 1995.

114Authorised person may inspect etc. UXS devices#

(1)An authorised person may inspect, examine, dismantle, take measurements of, or conduct tests on, a UXS device that is in the lawful possession of the authorised person.

(2)Subsection (1) applies only to the extent that the conduct mentioned in that subsection does not constitute an offence under the Criminal Code Act 1995.

115Agencies and bodies may disclose information about UXS devices to Department or Australian Defence Force#

(1)This section applies if an agency or body collects information (including personal information or sensitive information) or data in relation to a UXS device.

(2)The agency or body is authorised to disclose the information and data to the Department or the Australian Defence Force for purposes relevant to the taking of counter-UXS measures in accordance with this Part.

116Persons assisting#

An authorised person may, in exercising powers or performing functions under this Part, be assisted by other persons with relevant training, qualifications, skills or experience.

117Compensation for loss or damage#

(1)Subject to subsection (3), the Commonwealth is liable to pay a reasonable amount of compensation to a person who suffers any of the following forms of loss or damage as a result of an authorised person taking counter-UXS measures:

(a)a personal injury;

(b)damage to property;

(c)a loss of income.

(2)If the Commonwealth and the person do not agree on the amount of compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)Subsection (1) does not apply to the following loss or damage:

(a)damage to a UXS device that is used in the commission of an offence against a law of the Commonwealth, a State or Territory;

(b)loss of income by an operator or owner of a UXS device that is used in the commission of an offence against a law of the Commonwealth, a State or Territory.

118Compensation for acquisition of property#

Part 15 · Provisions relating to the forces of other countries

119Countries to which provisions of Part IXA of the Act apply#

For the purposes of subsection 116A(2) of the Act, each of the countries specified in the following table is declared to be a country to which each provision of Part IXA of the Act applies.

Countries to which each provision of Part IXA of the Act applies
Country
Albania
Argentina
Austria
Bahrain
Bangladesh
Belgium
Brazil
Brunei Darussalam
Bulgaria
Cambodia
Canada
Chile
China
Croatia
Cyprus
Czechia
Denmark
Egypt
Estonia
Fiji
Finland
France
Germany
Greece
Hungary
Iceland
India
Indonesia
Iraq
Ireland
Israel
Italy
Japan
Jordan
Kenya
Kuwait
Laos
Latvia
Lebanon
Lithuania
Luxembourg
Malaysia
Maldives
Malta
Mexico
Mongolia
Montenegro
Morocco
Mozambique
Nepal
Netherlands
New Zealand
North Macedonia
Norway
Oman
Pakistan
Papua New Guinea
Peru
Philippines
Poland
Portugal
Qatar
Republic of Korea
Romania
Saudi Arabia
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Syria
Thailand
Timor-Leste
Tonga
Türkiye
Ukraine
United Arab Emirates
United Kingdom
United States of America
Uruguay
Vietnam
Zimbabwe

120Form of warrant#

For the purposes of section 116F of the Act, the form in Schedule 2 of this instrument is prescribed as the form of a warrant.

121Sentences imposed by foreign service tribunals#

(1)This section applies if a sentence is imposed on a member of the Defence Force by a foreign service tribunal of a country to which section 116B of the Act applies, while the member is attached to the forces of that country.

(2)The sentence may, to the extent to which it has not been enforced outside Australia, be enforced in Australia as if it had been imposed by a court martial convened under the Defence Force Discipline Act 1982.

(3)This section does not authorise carrying out a sentence of death or corporal punishment.

122Prima facie evidence of facts by certificate#

(1)The Minister may, in writing, certify that:

(a)on a specified date, a named person was a member of the Defence Force attached to the forces of a specified country, being a country in relation to which section 116B of the Act applies; and

(b)on the specified date, a foreign service tribunal of the specified country passed a sentence set out in the certificate on the named person; and

(c)the sentence, or a part of it specified in the certificate, has not been enforced.

(2)The certificate is, in legal proceedings within Australia, prima facie evidence of the matters certified.

Part 16 · Prohibited words and letters

123Prohibited words#

The following are prohibited words:

(a)Active Reserve;

(b)Air Force;

(c)Air Force Reserve;

(d)Army Reserve;

(e)Australian Air Force;

(f)Australian Air Force Reserve;

(g)Australian Army;

(h)Australian Army Reserve;

(i)Australian Defence Force;

(j)Australian Defence Force Reserves;

(k)Australian Flying Corps;

(l)Australian Imperial Forces;

(m)Australian Military Forces;

(n)Australian Navy;

(o)Australian Regular Army;

(p)Defence Force;

(q)Defence Force Reserves;

(r)Defence Reserves;

(s)Her Majesty’s Australian Ship;

(t)His Majesty’s Australian Ship;

(u)High Readiness Reserve;

(v)HMA Ship;

(w)Naval Reserve;

(x)Permanent Air Force;

(y)Permanent Military Forces;

(z)Regular Army;

(za)Royal Australian Air Force;

(zb)Royal Australian Naval Reserve;

(zc)Royal Australian Navy;

(zd)Specialist Reserve;

(ze)Standby Reserve.

124Prohibited letters#

The following are prohibited letters:

(a)ADF;

(b)AFC;

(c)AIF;

(d)AMF;

(e)ARA;

(f)HMAS;

(g)RAAF;

(h)RAN;

(i)RANR.

125Use of prohibited words or letters#

(1)A person commits an offence if:

(a)the person uses prohibited words or prohibited letters; and

(b)the use is in connection with:

(i)a trade, business, calling or profession; or

(ii)an organisation or body of persons; and

(c)the use is not in accordance with a consent obtained under section 127.

Penalty: 10 penalty units.

(2)Strict liability applies to paragraph (1)(c).

126Application for consent#

(1)A person may apply to the Minister for consent to use prohibited words or prohibited letters in connection with:

(a)a trade, business, calling or profession of the applicant; or

(b)an organisation or body of persons.

(2)An application under subsection (1) must:

(a)be in writing; and

(b)set out the prohibited words or prohibited letters to which the application relates; and

(c)set out the proposed use of the prohibited words or prohibited letters.

127Refusal or approval for consent#

(1)The Minister must decide whether to approve or refuse an application made under section 126 within a period of 120 days starting on the day after the Minister receives the application.

(2)Without limiting the matters to which the Minister may have regard when deciding whether to approve the application, the Minister must have regard to the following:

(a)either:

(i)the trade, business, calling or profession of the applicant; or

(ii)the purposes, constitution and structure of the applicant;

(b)if the applicant has previously been given consent to use prohibited words or prohibited letters—the way in which the applicant used the prohibited words or prohibited letters to which the consent related;

(c)the period for which consent is sought.

(3)The Minister may request that the applicant give the Minister further information in connection with the application within a specified period.

(4)If a request for further information is given to an applicant, the period in subsection (1) does not include any day in the period:

(a)beginning on the day the request is given; and

(b)ending on the day the person gives the information.

(5)If the information is not provided by the applicant within the period specified in the request, the Minister may refuse the application.

(6)The Minister is taken to have refused the application if the Minister does not notify the applicant of a decision within the period specified in subsection (1).

128Consent to use prohibited words or letters may be subject to conditions#

Consent may be given subject to conditions, including but not limited to conditions about the following matters:

(a)notifying the Minister about any change to:

(i)the purposes, constitution or structure of the applicant; or

(ii)the trade, business, calling or profession of the applicant; or

(iii)any other matter, to the extent that the change may affect the ability of the applicant to use the prohibited words or prohibited letters in the applicant’s trade, business, calling or profession;

(b)the period for which consent is given;

(c)the way in which the applicant may, or may not, use the prohibited words or prohibited letters to which the consent relates;

(d)the protection and use of the prohibited words or prohibited letters to which the consent relates.

129Review by Administrative Review Tribunal#

An application may be made to the Administrative Review Tribunal for review of:

(a)a decision of the Minister under section 127 to refuse an application for consent; or

(b)a decision of the Minister under section 128 relating to a condition.

130How this Part applies in relation to non-legal persons#

(1)This Part applies to an entity of the following kind as if it were a person, but with the changes set out in this section:

(a)a partnership;

(b)an unincorporated body or association.

Obligations or duties

(2)If this Part purports to impose on the entity an obligation or duty to do a thing, the obligation or duty:

(a)is imposed on each person who is an accountable person for the entity at the time the obligation or duty arises or is in operation and is so imposed in the person’s capacity as an accountable person for the entity; and

(b)may, on behalf of the entity, be discharged by any person who is an accountable person for the entity at the time the obligation or duty arises or is in operation.

(3)If this Part purports to impose on the entity an obligation or duty not to do a thing, the obligation or duty is imposed on each person who is an accountable person for the entity at the time the obligation or duty arises or is in operation and is so imposed in the person’s capacity as an accountable person for the entity.

Permissions or rights

(4)If this Part purports to confer on the entity a permission or right to do a thing, the permission or right:

(a)is conferred on each person who is an accountable person for the entity at the time the permission or right may be exercised and is so conferred in the person’s capacity as an accountable person for the entity; and

(b)may, on behalf of the entity, be exercised by any person who is an accountable person for the entity at the time the permission or right may be exercised.

Offences

(5)An offence against this Part does not apply to the entity but is instead committed by each accountable person for the entity:

(a)who did the relevant acts or made the relevant omissions; and

(b)in relation to each physical element of the offence that has a fault element—where that fault element exists in relation to the accountable person.

Accountable person

(6)A person is an accountable person for an entity at a particular time if:

(a)in the case of a partnership—the person is a partner in the partnership at that time; or

(b)in the case of an unincorporated body or association—the person is a member of the governing body or committee of management (however described) of the unincorporated body or association at that time.

Effect of change in composition of a partnership

(7)For the purposes of this Part, a change in the composition of a partnership does not affect the continuity of the partnership.

No limit on operation of ancillary provisions

(8)This section does not limit the operation of Division 11 of the Criminal Code in relation to an offence against this Part.

Part 17 · War graves

131Meaning of War Graves administrator#

A War Graves administrator is any of the following:

(a)the Director of War Graves;

(b)an officer of the Defence Force in charge of a unit specifically raised for the purpose of the registration of, or inquiries concerning, the graves of deceased members of the Defence Force.

132War graves#

(1)A War Graves administrator may establish or cause to be established such cemeteries as are required for the burial of bodies of persons who have died:

(a)while on service as members of the Defence Force; or

(b)as a result of service as members of the Defence Force.

(2)A War Graves administrator may authorise and direct the exhumation and the reinterment, cremation or other disposal of the body of:

(a)a member of the Defence Force who has died while on service; or

(b)a person who, immediately before the person’s death, was a dependant of a member of the Defence Force on service, and whose grave is located in the Terendak Military Cemetery in Malaysia.

(3)A War Graves administrator may enter a cemetery and inspect, maintain or execute any work in connection with the grave of persons who have died as mentioned in subsection (1).

(4)A War Graves administrator may authorise a person to perform a function or exercise a power under subsection (3).

133Interaction with State and Territory laws#

This Part applies despite any law of a State or Territory.

Part 18 · Australian Defence Force Cadets

134State and Territory laws relating to equipment#

(1)This section applies if, apart from this section, a law of a State or a Territory requires a cadet to obtain or hold a licence or other permission to possess, use or transport an item of equipment that is:

(a)the property of the Commonwealth; and

(b)used for the performance of the cadet’s duties as a cadet.

Examples: A firearm, ammunition or a ceremonial sword.

(2)The requirement in the law of the State or Territory does not apply in relation to the cadet, except to the extent that it is a requirement to obtain or hold a licence or permission to operate a vehicle.

Part 19 · Delegations

135Delegation of Minister’s powers#

(1)The Minister may, in writing, delegate one or more of the Minister’s powers or functions under a provision of this instrument specified in an item of the following table to a person or officeholder specified in the item.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation of Minister’s powers
Item	Provision	Person or officeholder
1	Part 11	(a) an officer of the Navy who holds a rank not below the rank of Commander; or(b) an officer of the Army who holds a rank not below the rank of Lieutenant Colonel; or(c) an officer of the Air Force who holds a rank not below the rank of Wing Commander; or(d) an SES employee performing duty in the Department
2	Parts 13 and 16	(a) an officer of the Navy who holds a rank that is not below the rank of Lieutenant Commander; or(b) an officer of the Army who holds a rank that is not below the rank of Major; or(c) an officer of the Air Force who holds a rank that is not below the rank of Squadron Leader; or(d) an APS employee in the Department who is:(i) an SES employee; or(ii) an acting SES employee; or(iii) classified as APS Level 6 or higher or equivalent; or(iv) acting in a position usually occupied by an APS employee who is so classified
3	Part 14	(a) the Secretary; or(b) the Chief of the Defence Force

(2)A person performing functions or exercising powers under a delegation under subsection (1) must comply with any written directions of the Minister under subsection (3).

(3)The Minister may, in writing, give directions for the purposes of subsection (2).

(4)The Minister must, before delegating a function or power to a person who is not an SES employee, acting SES employee or equivalent, have regard to whether the person has appropriate training, qualifications, skills or experience to perform the function or exercise the power.

(5)The Minister must, before delegating a function or power to a person holding, occupying, or performing the duties of a specified office or position, have regard to whether the office or position is sufficiently senior for the person to perform the function or exercise the power.

136Delegation of Secretary’s powers#

(1)The Secretary may, in writing, delegate one or more of the Secretary’s powers or functions under a provision of this instrument specified in an item of the following table to a person or officeholder specified in the item.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation of Secretary’s powers
Item	Provision	Person or officeholder
1	Section 46	(a) an officer of the Navy who holds a rank not below the rank of Rear Admiral; or(b) an officer of the Army who holds a rank not below the rank of Major General; or(c) an officer of the Air Force who holds a rank not below the rank of Air Vice-Marshal; or(d) an SES employee who holds an SES Band 2 position, or an equivalent or higher position, in the Department
2	Part 9	(a) an officer of the Navy who holds a rank not below the rank of Commodore; or(b) an officer of the Army who holds a rank not below the rank of Brigadier; or(c) an officer of the Air Force who holds a rank not below the rank of Air Commodore; or(d) an SES employee performing duty in the Department
3	Part 12	(a) an officer of the Navy who holds a rank not below the rank of Lieutenant Commander; or(b) an officer of the Army who holds a rank not below the rank of Major; or(c) an officer of the Air Force who holds a rank not below the rank of Squadron Leader; or(d) an APS employee in the Department who is:(i) an SES employee; or(ii) an acting SES employee; or(iii) classified as APS Level 6 or higher or equivalent; or(iv) acting in a position usually occupied by an APS employee who is so classified

(2)A person performing functions or exercising powers under a delegation under subsection (1) must comply with any written directions of the Secretary under subsection (3).

(3)The Secretary may, in writing, give directions for the purposes of subsection (2).

(4)The Secretary must, before delegating a function or power to a person who is not an SES employee, acting SES employee or equivalent, have regard to whether the person has appropriate training, qualifications, skills or experience to perform the function or exercise the power.

(5)The Secretary must, before delegating a function or power to a person holding, occupying, or performing the duties of a specified office or position, have regard to whether the office or position is sufficiently senior for the person to perform the function or exercise the power.

137Delegation of Chief of the Defence Force’s powers#

(1)The Chief of the Defence Force may, in writing, delegate one or more of the Chief of the Defence Force’s powers or functions under a provision of this instrument specified in an item of the following table to a person or officeholder specified in the item.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation of Chief of the Defence Force’s powers
Item	Provision	Person or officeholder
1	Parts 3, 4 and 5 (other than paragraph 23(4)(c))	(a) an officer; or(b) a member enlisted in the Navy who holds a rank not below the rank of Chief Petty Officer; or(c) a member enlisted in the Army who holds a rank not below the rank of Warrant Officer Class 2; or(d) a member enlisted in the Air Force who holds a rank not below the rank of Flight Sergeant; or(e) an APS employee in the Department who is:(i) an SES employee; or(ii) an acting SES employee; or(iii) classified as APS Level 4 or higher or equivalent; or(iv) acting in a position usually occupied by an APS employee who is so classified
2	Paragraph 23(4)(c)	(a) an officer of the Navy who holds a rank not below the rank of Captain; or(b) an officer of the Army who holds a rank not below the rank of Colonel; or(c) an officer of the Air Force who holds a rank not below the rank of Group Captain
3	Section 46	(a) an officer of the Navy who holds a rank not below the rank of Rear Admiral; or(b) an officer of the Army who holds a rank not below the rank of Major General; or(c) an officer of the Air Force who holds a rank not below the rank of Air Vice Marshal; or(d) an SES employee who holds an SES Band 2 position, or an equivalent or higher position, in the Department
4	Part 8	(a) an officer of the Navy who holds a rank not below the rank of Commodore; or(b) an officer of the Army who holds a rank not below the rank of Brigadier; or(c) an officer of the Air Force who holds a rank not below the rank of Air Commodore; or(d) an SES employee performing duty in the Department
5	Part 12	(a) an officer of the Navy who holds a rank not below the rank of Lieutenant Commander; or(b) an officer of the Army who holds a rank not below the rank of Major; or(c) an officer of the Air Force who holds a rank not below the rank of Squadron Leader; or(d) an APS employee in the Department who is:(i) an SES employee; or(ii) an acting SES employee; or(iii) classified as APS Level 6 or higher or equivalent; or(iv) acting in a position usually occupied by an APS employee who is so classified

(2)A person performing functions or exercising powers under a delegation under subsection (1) must comply with any written directions of the Chief of the Defence Force under subsection (3).

(3)The Chief of the Defence Force may, in writing, give directions for the purposes of subsection (2).

(4)The Chief of the Defence Force must, before delegating a function or power to a person who is not an SES employee, acting SES employee or equivalent, have regard to whether the person has appropriate training, qualifications, skills or experience to perform the function or exercise the power.

(5)The Chief of the Defence Force must, before delegating a function or power to a person holding, occupying, or performing the duties of a specified office or position, have regard to whether the office or position is sufficiently senior for the person to perform the function or exercise the power.

Part 20 · Transitional provisions

Division 1 · Provisions relating to this instrument as originally made

138Processes begun under the Defence Regulation2016#

Subject to this Division, the Defence Regulation 2016 continues to apply in relation to an application made, or a process begun, under that instrument before its repeal.

139Processes begun under Defence Force Regulations1952 or Defence (Personnel) Regulations2002#

The Defence Force Regulations 1952 and the Defence (Personnel) Regulations 2002 continue to apply in relation to an application made, or a process begun, under those instruments before their repeal.

140Authorisations made under the Defence Regulation2016#

(1)An authorisation that was in force under section 37B of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 41 of this instrument.

(2)An authorisation that was in force under section 39 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 49 of this instrument.

(3)An authorisation that was in force under section 81 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 132 of this instrument.

141Delegations made under the Defence Regulation2016#

(1)A delegation by the Minister that was in force under section 82 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 135 of this instrument.

(2)A delegation by the Secretary that was in force under section 83 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 136 of this instrument.

(3)A delegation by the Chief of the Defence Force that was in force under section 84 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 137 of this instrument.

142Appointments made under the Defence Regulation2016#

(1)An appointment of a person that was in force under Part 2 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under Part 2 of this instrument.

(2)An appointment of a person that was in force under Part 3 of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under Part 3 of this instrument.

143Applications relating to prohibited words or letters#

(1)An application for consent to use prohibited words made under section 77 of the Defence Regulation 2016 that was made, but not decided, immediately before the commencement of this instrument is taken, after that day, to be an application under section 126 of this instrument.

(2)A consent to use prohibited words or prohibited letters, given under the Defence Regulation 2016, that has not expired before commencement of this instrument has effect after that day, as if it were given under section 128 of this instrument.

144Defence areas#

Defence areas under the Defence Force Regulations 1952

(1)An authorisation under regulation 34 of the Defence Force Regulations 1952 continues in effect despite the repeal of that instrument, and may be revoked as if that instrument had not been repealed.

(2)Part VII of the Defence Force Regulations 1952 continues to apply in relation to a prohibited area that was, immediately before the repeal of that instrument, declared under subregulation 35(1) of that instrument.

(3)Part XI of the Defence Force Regulations 1952 continues to apply in relation to a defence practice area that was, immediately before the repeal of that instrument, declared under subregulation 49(1) of that instrument.

(4)A claim for compensation relating to an authorisation mentioned in subsection (1), or relating to an area mentioned in subsection (2) or (3), may be dealt with under the Defence Force Regulations 1952 as if that instrument had not been repealed, even if the authorisation or the declaration of the area has been revoked before the claim arises.

Defence areas under the Defence Regulation 2016

(5)A declaration that was in effect under Part 11 of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under this instrument.

(6)A permission or authorisation that was in effect under Part 11 of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under this instrument.

(7)A claim for compensation relating to a declaration mentioned in subsection (5) may be dealt with under the Defence Regulation 2016 as if that instrument had not been repealed, even if the authorisation or the declaration of the area has been revoked before the claim arises.

145Defence aviation areas#

(1)An approval for an object, building or structure, or for the use of an object, building or structure, within a defence aviation area that was in effect under Part 11A of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under this instrument.

(2)A notice or direction made by the Minister under Part 11A of the Defence Regulation 2016 with respect to an object, building or structure within a defence aviation area, or with respect to the use of an object, building or structure, within a defence aviation area, that was in effect immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under this instrument.

(3)A claim for compensation relating to an approval mentioned in subsection (1) may be dealt with under the Defence Regulation 2016 as if that instrument had not been repealed, even if the approval or the declaration of the defence aviation area has been revoked before the claim arises.

146Retirement age#

(1)If, immediately before the repeal of the Defence (Personnel) Regulations 2002, a member’s compulsory retirement age under that instrument (the existing retirement age) was not:

(a)for a member other than a chaplain—the compulsory retirement age specified for the member in Schedule 1 of that instrument; or

(b)for a chaplain—the compulsory retirement age specified for the chaplain in subregulation 116(1) of that instrument;

then the member’s retirement age for the purpose of section 22 of this instrument is the existing retirement age.

(2)A member who, immediately before the repeal of the Defence (Personnel) Regulations 2002, was able to make an election under that instrument in relation to the member’s compulsory retirement age may make the election as if that instrument had not been repealed. If the member does so, the member’s retirement age for the purpose of section 22 of this instrument is in accordance with the election.

(3)The Chief of the Defence Force may revoke an extension of a compulsory retirement age that was made under subregulation 11(1) or 12(1) of the Defence (Personnel) Regulations 2002. If the extension is revoked, the retirement age of a member whose compulsory retirement age was extended is to be determined as if the extension had been revoked before the repeal of that instrument.

147Medical and dental treatment#

If, immediately before the repeal of the Defence Regulation 2016, the Minister would have been able to require a member to pay an amount to the Commonwealth for treatment provided to the member under section 50 of that instrument, the Secretary may exercise the power in subsection 62(1) of this instrument as if the treatment had been provided under section 61 of this instrument.

148Suspension from duty#

A suspension for a member from duty that was in effect under section 28 of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under section 30 of this instrument.

149Privileges after end of service#

(1)An honorary title granted by the Chief of the Defence Force that was in effect under section 33 of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under section 35 of this instrument.

(2)A permission granted by the Chief of the Defence Force that was in effect under section 34 of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under section 36 of this instrument.

150Stop sexual harassment directions#

(1)A stop sexual harassment direction that was in force under section 37F of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 45 of this instrument.

(2)An interim stop sexual harassment direction that was in force under section 37E of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 44 of this instrument.

151Certification of deaths#

A death certificate that was in effect under Part 10 of the Defence Regulation 2016 immediately before the commencement of this section continues in effect (and may be dealt with) on and after that commencement as if it had been made under Part 11 of this instrument.

152Counter-UXS measures#

(1)A declaration by the Minister of a defence asset that was in force under section 68TD of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 109 of this instrument.

(2)A declaration by the Minister of a protected defence area that was in force under section 68TE of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under section 110 of this instrument.

(3)A claim for compensation relating to an authorised person taking counter-UXS measures under Part 11B of the Defence Regulation 2016 may be dealt with under the Defence Regulation 2016 as if that instrument had not been repealed, even if the claim relates to a declaration of protected defence area that has been revoked before the claim arises.

(4)An authorisation that was in force under Part 11B of the Defence Regulation 2016 immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under Part 14 of this instrument.

Schedule 1 · Oath and affirmation

Note: See subsections 11(6) and (8).

1Form of oath#

The oath is as follows:

I, (insert full name of person) swear that I will well and truly serve His Majesty King Charles the Third, His Heirs and Successors according to law, as a member of the

(insert Royal Australian Navy, Australian Army, or Royal Australian Air Force)

(insert

for the period of (number of years), and any extensions of that period,

until retiring age,)

and that I will resist His enemies and faithfully discharge my duty according to law.

SO HELP ME GOD!

(person’s signature)

Taken and subscribed before me on (insert date)

(insert signature, name and title of the person before whom the oath is taken and subscribed)

2Form of affirmation#

The affirmation is as follows:

I, (insert full name of person) promise that I will well and truly serve His Majesty King Charles the Third, His Heirs and Successors according to law, as a member of the

(insert Australian Navy, Australian Army, or Australian Air Force)

(insert

for the period of (number of years), and any extensions of that period,

until retiring age,)

and that I will resist His enemies and faithfully discharge my duty according to law.

(person’s signature)

Made and subscribed before me on (insert date)

(insert signature, name and title of the person before whom the affirmation is made and subscribed)

3Persons before whom oath or affirmation may be taken or made#

The oath or affirmation may be taken or made before any of the following:

(a)an officer of the Navy, Army or Air Force;

(b)an enlisted member who holds a rank not below the rank of Warrant Officer Class 2 (or equivalent);

(c)a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations.

Schedule 2 · Form of warrant

Note: See section 120.

Commonwealth of Australia

Defence Act 1903

TO each member or special member of the Australian Federal Police, each member of the police force of a State or Territory and each member of the Defence Force.

WHEREAS section 116F of the Defence Act 1903 provides that where the designated authority of a country in relation to which that section applies, by writing, signed by the designated authority, requests an officer authorized by the Chief of the Defence Force, by order in writing, for the purposes of Division 3 of Part IXA of that Act, for assistance in the apprehension of a member of the forces of that country, not being an Australian citizen, who is an absentee without leave from those forces, the authorized officer may, in the authorized officer’s discretion, issue a warrant in accordance with the prescribed form authorising a member or a special member of the Australian Federal Police or a member of the police force of a State or Territory or any member of the Defence Force to arrest that absentee:

AND WHEREAS , the Chief of the Defence Force, by order in writing dated , authorized me for the purposes of Division 3 of Part IXA of that Act:

AND WHEREAS the designated authority of , a country to which section 116F of the Defence Act 1903 applies, has, by writing signed by the designated authority, made a request to me for assistance in the apprehension of a member of the forces of that country, being a person described in the Schedule to this warrant, who is an absentee without leave from those forces:

AND WHEREAS that person is not an Australian citizen:

NOW THEREFORE I, , an officer of the Defence Force, by this warrant authorise you to arrest the person described in the Schedule to this warrant.

SCHEDULE

Full name:	Rank:
Number:
Unit or station:
Date of birth:
Citizenship:	Gender:	Race:
Height:	Weight:	Build:
Complexion:	Colour of eyes:	Colour of hair:
Other distinguishing marks or features:
Date on which and place from which absent without leave:
Date of warrant:
	(Signature of authorized officer)
	(Rank and appointment)

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Defined terms · 54

History · 1 version

Key facts

1Name#

2Commencement#

3Authority#

4Objects of this instrument#

5Definitions#

6Appointment as service chief#

7Acting appointments#

8Resignation#

9Termination of appointment as service chief#

10Remuneration and allowances#

11Appointment and enlistment#

12Increase in rank#

13Reduction in rank#

14Transfer between arms of the Defence Force#

15Transfer from Permanent Forces to Reserves#

16Voluntary transfer from Reserves to Permanent Forces#

17Voluntary change#

18Time of war or defence emergency#

19Defence Force discipline#

20Becoming member of Reserves after service in Permanent Forces#

21End of service in the Reserves#

22Retirement age#

23Early end of service#

24Sexual violence#

25Service obligation debts#

26Treating service as having ended for another reason#

27Treating a member as having been medically unfit at time of joining Reserves#

28Treating a member’s service as having ended due to a prevailing discriminatory Defence policy#

29Service in the Reserves#

30Suspension from duty#

31Forfeiture of pay—absent without leave#

32Notice to members#

33Honorary officer ranks#

34Honorary enlisted ranks#

35Title after end of service#

36Wearing of uniform after end of service#

37Defence honours#

38Defence awards#

39Disclosure of information about honours and awards#

40Object of this Part#

41Authorised application officers#

42Application for authorised application officer to deal with a sexual harassment dispute#

43Dealing with an application#

44Interim directions#

45Stop sexual harassment directions#

46Review by Chief of the Defence Force or Secretary#

47Withdrawing application or request#

48Objects of this Part#

49Chief of the Defence Force may authorise person to receive complaints#

50Making a complaint#

51Manner of making complaint#

52No action to be taken for certain complaints#

53Notifying Inspector-General ADF of complaint#

54Action to consider complaint or redress grievance#

55Inspector-General ADF to consider complaint#

56Action by Inspector-General ADF#

57Inspector-General ADF not to consider certain complaints#

58Correct and preferable action to redress member’s grievance#

59Withdrawing complaint#

60Victimisation#

61Provision of medical and dental treatment#

62Recovery of the costs of treatment in certain circumstances#

63Oaths and affirmations etc. for members outside Australia#

64Meaning of competent officer#

65Minister may issue death certificates#

66Cancellation and correction of death certificates#

67Dealing with property#

68No civil or criminal liability for reliance on certificate or cancellation#

69Application#

70Declaration of defence area#

71Prohibition of entry into defence area#

72Requirement to remove property from defence area#

73Installation of equipment#

74Permission requirements#

75Removal from defence area#

76Offence of obstructing or hindering#

77Other defence operations and practices#