Australian Government

Federal Register of Legislation

Scheduled Maintenance Saturday 23 August

Maintenance is scheduled between 9.00 - 11.30 pm AEST, Saturday 23 August 2025, and the site may be unavailable or slow during this time.

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

Latest version

View as made version

C2025C00176 (C82)

21 February 2025

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