Defence Act 1903

In force

Administered by

Attorney-General's Department
Department of Defence
Department of Veterans' Affairs
Department of the Prime Minister and Cabinet

Superseded version

View latest version

C2024C00671 (C80)

14 October 2024 - 10 December 2024

Table of contents

Part I—Introductory
- 1 Short title
- 3 Commencement of Act
- 4 Interpretation
- 5 Application of Act
- 5A Extension of Act to Territories
- 6 Application of the Criminal Code
- 7 Act does not appropriate money
Part II—Control and administration
- 8 The Minister
- 9 Command of the Defence Force
- 10 Administration of the Defence Force
- 11 Defence Instructions
- 12 Appointments
- 13 Acting appointments
- 14 Resignation
- 15 Termination of appointment
- 16 Remuneration and allowances
Part III—The Australian Defence Force
- Division 1—Constitution of the Australian Defence Force
- Division 2—Service in the Defence Force
- 22 Voluntary entry
- 23 Service in the Permanent Forces
- 24 Service in the Reserves
- 25 Training for Reserves
- 26 Volunteer service by Reserves
- 27 Service is not a civil contract
- Division 3—Calling out the Reserves
- 28 Governor General may call out Reserves
- 29 Period of service while covered by call out order
Part IIIAAA—Calling out the Defence Force to protect Commonwealth interests, States and self governing Territories
- Division 1—Introduction
  - 30 Simplified outline of this Part
  - 31 Definitions
- Division 2—Calling out the Defence Force
  - Subdivision A—Simplified outline of this Division
    - 32 Simplified outline of this Division
  - Subdivision B—Making call out orders
  - 33 Calling out the Defence Force to protect Commonwealth interests
  - 34 Contingent call out of the Defence Force to protect Commonwealth interests
  - 35 Calling out the Defence Force to protect States and Territories
  - 36 Contingent call out of the Defence Force to protect States and Territories
  - Subdivision C—Common provisions for making, varying and revoking call out orders
  - 37 Making, varying and revoking call out orders
  - 38 Commonwealth interests orders or variations that were not requested by a State or Territory
  - Subdivision D—Effect of making call out order
  - 39 Chief of Defence Force to utilise Defence Force as directed
  - 40 Assisting and cooperating with police forces of affected States and Territories
- Division 3—Special powers generally authorised by Minister
- Subdivision A—Introduction
  - 41 Simplified outline of this Division
  - 42 Application of this Division
  - 43 Powers that may be exercised under this Division and Division 4
  - 44 Location of exercise of powers
  - 45 International obligations
- Subdivision B—Special powers generally authorised by Minister
  - 46 Special powers generally authorised by Minister
- Division 4—Powers exercised in specified areas
- Subdivision A—Introduction
  - 47 Simplified outline of this Division
  - 48 Application of this Division
  - 49 International obligations
  - 50 Members to wear uniforms and identification when exercising powers
- Subdivision B—Declaration of specified area
  - 51 Declaration of specified area
- Subdivision C—Powers to search premises in specified area
  - 51A Authorisation to search premises in specified area
  - 51B Information to be given to occupier etc. and those searched
  - 51C Occupier etc. entitled to be present during search
- Subdivision D—Powers relating to means of transport and persons in specified area
  - 51D Powers relating to means of transport and persons in specified area
  - 51E General provisions relating to section 51D
- Division 5—Powers to protect declared infrastructure
- Subdivision A—Introduction
  - 51F Simplified outline of this Division
  - 51G International obligations
- Subdivision B—Infrastructure declaration
  - 51H Infrastructure declaration
- Subdivision C—Powers to protect declared infrastructure
  - 51J Application of this Subdivision
  - 51K Location of exercise of powers
  - 51L Powers to protect declared infrastructure
- Division 6—Provisions common to Divisions 3 to 5
- 51M Simplified outline of this Division
- 51N Use of reasonable and necessary force
- 51P Persons to be informed of certain matters if detained
- 51Q Action to be taken if things are seized
- 51R Offence for failing to comply with a direction
- 51S Exercise of powers when certain obligations not complied with
- Division 7—Expedited orders and declarations
- 51T Simplified outline of this Division
- 51U Making expedited orders and declarations
- 51V Effect of expedited order or declaration
- 51W Effect of expedited order on Ministerial authorisation
- Division 8—Miscellaneous
- Subdivision A—Simplified outline of this Division
  - 51X Simplified outline of this Division
- Subdivision B—Applicable criminal law
  - 51Y Applicable criminal law
  - 51Z Defence of superior orders in certain circumstances
- Subdivision C—Other provisions
  - 51ZA Publication of order and report
  - 51ZB Independent review of this Part
  - 51ZC Instruments that are not legislative instruments
  - 51ZD Effect on other Defence Force utilisation and powers
Part IIIAA—Superannuation
- 52 Determination of benefit
- 52A Department’s employer superannuation contributions
- 52B Providing information to CSC in relation to invalidity
- 53 Trustee of scheme providing superannuation benefit
Part IIIA—Remuneration, allowances and other benefits
- Division 1—Determinations by the Minister
- Division 2—The Defence Force Remuneration Tribunal
- Division 3—The Defence Force Advocate
Part IV—Liability to serve in the Defence Force in time of war
- Division 1—Liability to serve
- Division 2—Determination of conscientious belief
- Division 3—Establishment and membership of Conscientious Objection Tribunals
- Division 4—Procedures of Conscientious Objection Tribunals
- Division 5—Reviews and appeals
Part V—Australian Defence Force Cadets
- 62 Australian Defence Force Cadets
- 62A Direction and administration of the Cadets
- 62B Chief of the Defence Force may make determinations
- 62C Relationship to the Defence Force
- 62D Acceptance is not a civil contract
- 62E Annual report
Part VI—Special powers in relation to defence
- 63 General powers for defence purposes
- 64 Control of railways in time of war
- 65 Railways to carry troops etc. when required
- 66 Conveyance by railway and tramway
- 67 Registration and impressment of vehicles etc.
- 68 Billeting and quartering
- 70 Tolls
Part VIA—Security of defence premises
- Division 1—Preliminary
  - 71 Simplified outline
  - 71A Definitions
- Division 2—Defence security officials
- Division 3—Powers exercisable with consent at defence access control points and on defence premises
- Division 4—Powers exercisable without consent at defence access control points and on defence premises
- Division 5—Seizure
  - 72 Power to seize things on defence premises
- Division 6—Matters relating to exercise of powers under Part
- Division 7—Other matters
Part VIB—The Woomera Prohibited Area
- 72T Definitions
- 72TA The Woomera Prohibited Area
- 72TB Application of this Part and Part VII of the Defence Force Regulations 1952
- 72TC Offence—being in the Woomera Prohibited Area without permission
- 72TD Standing permission
- 72TE Permits
- 72TF Minister’s permission
- 72TG Offence—failing to comply with conditions
- 72TH Minister may suspend permission
- 72TJ Minister may give directions
- 72TK Compensation for acquisition of property
- 72TL Compensation for loss or damage
- 72TM Review of decisions
- 72TN Delegation
- 72TO Infringement notices
- 72TP The Woomera Prohibited Area Rules
Part VII—Offences
- 73A Unlawfully giving or obtaining information as to defences
- 73F Penalty
- 79 Unlawfully disposing of arms etc.
- 80A Falsely representing to be returned soldier, sailor or airman
- 80B Improper use of service decorations
- 82 Sketching etc. of fortifications prohibited
- 83 Unauthorised use, possession or supply of emblems or flags
- 84 Penalty for bringing contempt on uniform
Part VIII—Offences in relation to service tribunals
- 86 Failure of witness to appear
- 88 False or misleading evidence
- 89 Contempt of service tribunals etc.
- 90 Failure to comply with order under section 140 of the Defence Force Discipline Act 1982
Part VIIIA—Testing for prohibited substances
- Division 1—Preliminary
- Division 2—Testing for prohibited substances
- Division 3—Return of a positive test result
- Division 4—Miscellaneous
Part VIIIB—Inspector General of the Australian Defence Force
- Division 1—Establishment and functions of the Inspector General of the Australian Defence Force
- Division 2—Administrative provisions about the Inspector General of the Australian Defence Force
- Division 3—Other matters
Part VIIIC—Defence Honours and Awards Appeals Tribunal
- Division 1—Preliminary
  - 110T Definitions
- Division 2—Establishment and functions of Defence Honours and Awards Appeals Tribunal
- Division 3—Review of decisions by the Tribunal
- Division 4—Inquiries by the Tribunal
  - 110W Minister may direct Tribunal to hold inquiry
- Division 5—General provisions relating to operation of the Tribunal
- Division 6—Tribunal members
- Division 7—Miscellaneous
  - 110Z Regulations
Part VIIID—Director of Defence Counsel Services
- 110ZA Director of Defence Counsel Services
- 110ZB Functions and powers of the Director of Defence Counsel Services
- 110ZC Delegation
- 110ZD Protection from action
Part IX—Legal procedure
- 111 Subscription, arms etc. vested in commanding officer
- 111A Property of Rifle Club vested in Captain
Part IXAA—Performing work for or providing training to a foreign military organisation or government body
- Division 1—Introduction
- Division 2—Foreign work restricted individuals working for a foreign military organisation or government body
  - 115A Offence—foreign work restricted individuals working for a foreign military organisation or government body
- Division 3—Other individuals providing training to a foreign military organisation or government body
  - 115B Offence—other individuals providing training to a foreign military organisation or government body
- Division 4—Foreign work authorisations
- Division 5—Other matters
  - 115N Delegation by Minister
  - 115P Review of this Part
Part IXA—Provisions relating to the forces of other countries
- Division 1—Interpretation
  - 116A Interpretation
- Division 2—Attachment of personnel and mutual powers of command
- Division 3—Absentees without leave
- Division 4—Miscellaneous
  - 116M Delegation
Part IXB—Public areas of defence land
- 116P Interpretation
- 116Q Public areas of defence land
- 116R Delegation
- 116S Appointment of rangers
- 116T Rangers ex officio
- 116U Identity cards
- 116V Powers of arrest
- 116W General powers of rangers
- 116X Seizure and forfeiture
- 116Y Assaulting etc. rangers
- 116ZA Officers and employees of governments and authorities
- 116ZB Prosecution of offences
- 116ZC Concurrent operation of State and Territory laws
- 116ZCA Infringement notices
- 116ZD By laws
Part IXC—Salvage claims
- 117 Interpretation
- 117A Salvage claims by crew of Naval ships
- 117AA Apportionment of salvage between the Commonwealth and crew members
- 117AB Apportionment of salvage amongst crew members
Part IXD—Defence aviation areas
- 117AC Defence aviation areas
- 117AD Regulations in relation to defence aviation areas
- 117AE Monitoring powers
- 117AF Modifications of Part 2 of the Regulatory Powers Act
- 117AG Appointment of inspectors for defence aviation areas
- 117AH Delegation of powers of Secretary or Chief of Defence Force
Part X—Miscellaneous
- 117B Members and former members may bring actions for money due in respect of service
- 118 Penalty against raising forces without authority
- 118A Employer not to prevent employee from serving
- 118B Enlistment of apprentices in time of war
- 119 Forfeiture or suspension of salary in certain circumstances
- 120 Notice etc. need not be in writing unless required herein
- 120A Delegation
- 120B Attachment of salaries of members
- 121 Proof of order
- 121A Validation of declaration and past acts in relation to the Woomera Prohibited Area
- 122 Appointments etc. not invalid because of defect etc. in connection with appointment
- 122AA Taxation consequences of disposals of assets to defence companies
- 122B Exercise of rights and discharge of duties and obligations by legal officers
- 123 Immunity from certain State and Territory laws
- 123AA Immunity in relation to certain assistance
- 123A Intoxicating liquor
- 123B Religion
- 123F Certain persons not permitted to serve in Defence Force
- 123G Orders in relation to rifle ranges
- 123H Tactical payment scheme for activities of the Defence Force outside Australia
- 123J Delegations in relation to the tactical payment scheme
Part XI—Regulations
- 124 Regulations
Schedule 1—Ranks and corresponding ranks
- 1 Ranks and corresponding ranks
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

Defence Act 1903

Legislation text