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Defence Reserve Service (Protection) Act 2001
In force
Administered by
Department of Defence
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C2004A00776
22 March 2001
-
18 April 2001
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Table of contents
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Part 1—Introduction
1 Short title
2 Commencement
3 Overview of the Act
4 Act binds the Crown
5 Application of Criminal Code
6 Act extends to the external Territories
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Part 2—Interpretation
7 Definitions
8 Meaning of absent on defence service
9 Meaning of dependant
10 Meaning of contract of employment
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Part 3—Which protections and benefits apply to the different kinds of defence service
11 Which protections and benefits apply to the different kinds of defence service
12 Defence service following voluntary undertaking
13 Continuous full time service following a call out
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Part 4—Protection against discrimination because of defence service
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Division 1—Overview of Part
14 Overview of Part
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Division 2—Discrimination in employment
15 Refusing to employ a person
16 Dismissing etc. an employee
17 Hindering employee from serving in Reserves
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Division 3—Discrimination in partnerships
18 Refusing to offer partnership to another person etc.
19 Hindering fellow partner from serving in Reserves
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Division 4—Discrimination against commission agents
20 Refusing to engage commission agent
21 Terminating etc. contract for services
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Division 5—Discrimination against contractors
22 Refusing to engage contractor
23 Terminating etc. contract for services
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Part 5—Employment protection
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Division 1—Overview of Part
24 Overview of Part
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Division 2—Leave during defence service
25 No requirement to take leave during defence service
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Division 3—Effect of defence service on contract of employment
26 Contract suspended (rather than terminated)
27 Applying to resume employment after defence service
28 Employer must re-employ member
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Division 4—Effect of defence service on particular entitlements of members
29 Which entitlements this Division applies to
30 Continuous full-time defence service
31 Other defence service
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Division 5—Termination of employment after resumption of employment etc.
32 Termination after resuming employment etc.
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Division 6—No additional obligations on employers
33 No additional obligations on employers
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Part 6—Partnership protection
34 Overview of Part
35 Dissolving partnerships etc. involving a serving member
36 Dissolving partnerships etc. involving former member
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Part 7—Education protection
37 Overview of Part
38 Member enrolled in course while rendering defence service
39 Obligations of body administering education institution
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Part 8—Financial liability protection
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Division 1—Overview
40 Overview of part
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Division 2—Which financial liabilities this Part applies to
41 Financial liabilities that arise before call out day
42 Option exercised on or after call out day
43 Rates etc. on land
44 Part does not apply to security holder already exercising remedies
45 Part does not apply to bankruptcy or insolvency of member or dependant
46 Part does not apply to trustees or representatives
47 Liability exists even if payment not yet due
48 Liability may have arisen before commencement of this Act
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Division 3—Payments postponed and proceedings stayed
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Subdivision A—Postponement
49 Payments postponed
50 Rescheduling payments
51 Rescheduling if member or dependant dies
52 Higher rate of interest not payable
53 Interest payable on postponed payments under an agreement
54 Interest payable on payment of postponed rates etc. on land
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Subdivision B—Proceedings stayed
55 Proceedings stayed but rights not otherwise prejudiced
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Subdivision C—Court may order all or part of Division does not apply
56 Court may order that all or part of Division not apply
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Division 4—General matters
57 Powers of security holder not affected
58 Instruments made on or after member’s call out day not affected
59 Joint liability
60 Postponement etc. not to be taken into account for purposes of statutes of limitations etc.
61 Certain rights of member or dependant preserved
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Part 9—Bankruptcy protection
62 Overview of Part
63 Bankruptcy proceedings against member or dependant not allowed
64 Orders court may make relating to bankruptcy of member or dependant
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Part 10—Loans and guarantees to returned members
65 Overview of Part
66 Prescribed authority may make loans and give guarantees
67 Amount of loan or guarantee
68 Terms and conditions of loan or guarantee
69 Interest on loan
70 Pre-conditions for loan or guarantee
71 Review by Administrative Appeals Tribunal
72 Agreements between prescribed authorities and States etc.
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Part 11—Enforcement and remedies
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Division 1—Civil enforcement
73 Actions for loss or damage
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Division 2—Orders that courts may make
74 Orders for compensation after offence
75 Injunctions for contravention of this Act
76 Court may make other orders if transaction or proceeding in contravention of this Act
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Part 12—Other matters
77 Jurisdiction of courts
78 Unincorporated bodies
79 Delegation
80 Severability: additional effect of Act
81 Regulations