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Defence Legislation Amendment Act (No. 1) 1996

  • - C2004A05068
  • No longer in force
Act No. 56 of 1996 as made
An Act to amend various Acts relating to defence, and for related purposes
Originating Bill: Defence Legislation Amendment Bill (No. 1) 1996
Date of Assent 08 Nov 1996
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996

Making Information
- Assented to 8 November 1996

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - TABLE OF PROVISIONS

Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1-Amendment of Acts
Defence Force Discipline Act 1982
Defence Force (Home Loans Assistance) Act 1990

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - LONG TITLE

An Act to amend various Acts relating to defence,
and for related purposes

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - SECT 1
1 Short title

This Act may be cited as the Defence Legislation Amendment Act (No. 1) 1996.


(Minister's second reading speech made in-
House of Representatives on 26 June 1996
Senate on 21 August 1966)

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - SECT 2
2 Commencement

(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.


(2) Items 1 to 3 of Schedule 1 to this Act are taken to have commenced on 28 May 1992.

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - SECT 3
3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

DEFENCE LEGISLATION AMENDMENT ACT (No. 1) 1996 No. 56, 1996 - SCHEDULE 1

Schedule 1-Amendment of Acts
Defence Force Discipline Act 1982
1 Subsection 3(1) (paragraph (b) of the definition of Territory
offence)
Omit "Crimes Act, 1900 of the State of New South Wales, in its
application to the Jervis Bay Territory", substitute "Crimes Act
1900 of the Australian Capital Territory, in its application to the
Jervis Bay Territory".
2 Subparagraph 63(1)(a)(ia)
Omit "Crimes Act 1900 of the State of New South Wales, in its
application to the Jervis Bay Territory", substitute "Crimes Act
1900 of the Australian Capital Territory, in its application to the
Jervis Bay Territory".
3 Subparagraph 104(a)(ii)
Omit "Crimes Act 1900 of the State of New South Wales, in its
application to the Jervis Bay Territory", substitute "Crimes Act
1900 of the Australian Capital Territory, in its application to the
Jervis Bay Territory".
4 Certain actions under the Discipline Act etc. not unlawful
(1) To avoid any doubt about the lawfulness of certain things done
on or after 28 May 1992, it is declared that:
(a) a conviction, order, punishment or document made, granted,
issued or imposed under the Discipline Act on or after 28 May 1992
but before the commencement of this item; or
(b) anything else done under that Act or under or because of any
such conviction, order, punishment or document on or after 28 May
1992;
is not to be taken to be unlawful merely because of a reference in
that Act or any document to, or because of any act done by reference
to, the "Crimes Act 1900 of the State of New South Wales" or the
"Crimes Act, 1900 of the State of New South Wales".
(2) Expressions used in this item have the same meanings as in the
Discipline Act.
(3) In this item:
Discipline Act means the Defence Force Discipline Act 1982.
Defence Force (Home Loans Assistance) Act 1990
5 Section 3 (paragraph (a) of the definition of basic service
period)
Omit "6 years of effective full-time service", substitute:

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either:
(i) 5 years of effective full-time service; or
(ii) 5 years of composite service.
6 Section 3 (paragraph (b) of the definition of basic service
period)
Repeal the paragraph, substitute:
(b) in relation to a person covered by subparagraphs (b)(i), (ii)
and (iii) of that definition-either:
(i) 5 years of effective full-time service less the number of
years of effective full-time service completed before the person's
discharge; or
(ii) 5 years of composite service less the number of years of
composite service completed before the person's discharge; and
7 Section 3 (paragraph (c) of the definition of basic service
period)
After "the number of years of effective full-time service", insert
"or composite service".
8 Section 3 (paragraph (c) of the definition of basic service
period, table, column 1)
After "service", insert "or composite service".
9 Section 3 (paragraph (c) of the definition of basic service
period, table, column 1)
Omit "10 or fewer".
10 Section 3 (paragraph (c) of the definition of basic service
period, table, column 1)
Omit "11", substitute "11 or fewer".
11 Section 3 (paragraph (c) of the definition of basic service
period, table, column 2)
After "service", insert "or composite service".
12 Section 3 (paragraph (c) of the definition of basic service
period, table, column 2)
Omit "6".
13 Section 3 (subparagraph (b)(ii) of the definition of eligible
person)
Omit "6", substitute "5".
14 Section 3 (at the end of the definition of eligible person)
Add:
or (h) a person:
(i) who is a member of the Reserve Forces or the Emergency
Forces; and
(ii) who completes the training period applicable to the person;
and
(iii) to whom the DSH Act does not apply.
15 Section 3 (paragraph (c) of the definition of incapacitated
person)
Omit "6", substitute "5".
16 Section 3 (paragraph (c) of the definition of incapacitated
person)
After "full-time service", insert "or composite service".
17 Section 3 (paragraph (d) of the definition of incapacitated
person)
After "full-time service", insert "or composite service".
18 Section 3
Insert:
composite service, in relation to a person who has completed a
period of effective full-time service and a period of statutory
training obligation without a break between the periods, means a
period of service that is worked out as follows:
(Statutory training x Statutory ) + Effective full-time
( obligation years training factor) service years
where:
statutory training obligation years means the years of statutory
training obligation completed by a person.
statutory training factor is 0.625.
effective full-time service years means the years of effective
full-time service completed by a person.
Example 1: If a person completes 7 years of statutory training
obligation and 1 year of effective full-time service-the person's
years of composite service are:
(7 x 0.625) + 1 = 5.375 years
Example 2: If a person completes 4 years of statutory training
obligation and 1 year of effective full-time service-the person's
years of composite service are:
(4 x 0.625) + 1 = 3.5 years
Example 3: If a person completes 10 years of statutory training
obligation and 2 years of effective full-time service-the person's
years of composite service are:
(10 x 0.625) + 2 = 8.25 years
19 Section 3
Insert:

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statutory training obligation means a period of training in a 12
month period that has been rendered by a person because the person
is bound to render that training under the Defence Act 1903, the
Naval Defence Act 1910 or the Air Force Act 1923 or in accordance
with regulations made under the Defence Act 1903, the Naval Defence
Act 1910 or the Air Force Act 1923.
20 Section 3
Insert:
The Emergency Forces has the same meaning as in the Defence Act
1903.
21 Section 3
Insert:
The Reserve Forces has the same meaning as in the Defence Act
1903.
22 Section 3
Insert:
training period, in relation to a person covered by paragraph (h)
of the definition of eligible person, means:
(a) 5 years of effective full-time service; or
(b) a continuous period of 8 years of statutory training
obligation; or
(c) 5 years of composite service.
23 Paragraph 12(1)(c)
Omit "or a rejoining member", substitute ", a rejoining member or
a person covered by paragraph (h) of the definition of eligible
person".
24 Paragraph 14(1)(a)
Omit "$40,000", substitute "$80,000".
25 Paragraph 21(1)(b)
Omit "$40,000", substitute "$80,000".
26 Paragraph 21(2)(a)
Omit "$40,000", substitute "$80,000".
27 Paragraph 21(2)(e)
Omit "$40,000", substitute "$80,000".
28 Subsection 22(2)
Omit "$40,000", substitute "$80,000".
29 Subsection 23(3) (subparagraph (a)(i) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
30 Subsection 23(3) (subparagraph (b)(i) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
31 Subsection 23(3) (subparagraph (b)(ii) of the definition of
entitlement period)
Omit "effective full-time service" (wherever occurring),
substitute "subsidy service".
32 Subsection 23(3) (subparagraph (b)(iii) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
33 Subsection 23(3) (subparagraph (ba)(i) of the definition of
entitlement period)
Omit "effective full-time service" (wherever occurring),
substitute "subsidy service".
34 Subsection 23(3) (subparagraph (ba)(ii) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
35 Subsection 23(3) (sub-subparagraph (bb)(i)(A) of the definition
of entitlement period)
Omit "effective full-time service", substitute "subsidy service".
36 Subsection 23(3) (subparagraph (c)(i) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
37 Subsection 23(3) (subparagraph (d)(i) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
38 Subsection 23(3) (subparagraph (e)(i) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
39 Subsection 23(3) (subparagraph (f)(i) of the definition of
entitlement period)
Omit "effective full-time service", substitute "subsidy service".
40 Subsection 23(3)
Insert:
subsidy service means :
(a) effective full-time service; or
(b) statutory training obligation; or
(c) statutory training obligation added to effective full-time
service.
41 Subsection 24(4) (paragraph (a) of the definition of prescribed
member)
After "service", insert "or composite service".
42 Paragraph 26(1)(a)
Omit "$40,000", substitute "$80,000".
43 Paragraph 26(1)(a)
Omit "references to $80,000", substitute "references to $160,000".
44 Application
(1) The amendments made by items 5 to 13, 15, 16, 17 and 41 do not
apply to a person who is a subsidised borrower on the day this item
commences.
(2) The amendments made by items 29 to 40 only apply in relation
to the statutory training obligation of a person, who is a
subsidised borrower on the day this item commences, that is
commenced after that day.