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Defence (Parliamentary Candidates) Act 1969

  • - C2004C00073
  • In force - Superseded Version
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Act No. 60 of 1969 as amended, taking into account amendments up to Act No. 10 of 2001
An Act to make provision in relation to Members of the Defence Force who desire to become Candidates for election as Members of the Parliament of Australia or of a State or of certain other legislative or advisory Bodies
Administered by: Defence
Start Date 19 Apr 2001
End Date 09 Dec 2008

Defence (Parliamentary Candidates) Act 1969

Act No. 60 of 1969 as amended

This compilation was prepared on 19 April 2001
taking into account amendments up to Act No. 10 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part I—Preliminary                                                                                                                1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Repeal................................................................................................. 1

5............ Interpretation...................................................................................... 1

6............ Declared date...................................................................................... 3

Part II—Discharge etc. from Defence Force of parliamentary candidates               4

7............ Transfer of officers to Reserve........................................................... 4

8............ Discharge of enlisted members........................................................... 4

9............ Termination of continuous full‑time service....................................... 5

Part III—Re‑instatement of unsuccessful candidates                                       6

10.......... Re‑instatement of officers.................................................................. 6

11.......... Re‑instatement of enlisted members................................................... 7

12.......... Re‑instatement of members rendering continuous full‑time service... 8

13.......... Compulsory re‑instatement of officers.............................................. 8

14.......... Compulsory re‑instatement of enlisted members............................... 9

Part IV—Miscellaneous                                                                                                    11

16.......... Return of member, family and household effects etc. to place of enlistment          11

17.......... Refund of gratuity............................................................................ 12

18.......... Service of notice................................................................................ 12

19.......... Delegation......................................................................................... 13

22.......... Regulations....................................................................................... 13

Notes                                                                                                         15


An Act to make provision in relation to Members of the Defence Force who desire to become Candidates for election as Members of the Parliament of Australia or of a State or of certain other legislative or advisory Bodies

Part IPreliminary

 

1  Short title [see Note 1]

                   This Act may be cited as the Defence (Parliamentary Candidates) Act 1969.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

3  Repeal

                   The Defence (Parliamentary Candidates) Act 1966 is repealed.

5  Interpretation

             (1)  In this Act, unless the contrary intention appears:

appropriate service chief means:

                     (a)  in relation to a person who is or has been a member of the Navy—the Chief of Navy; or

                     (b)  in relation to a person who is or has been a member of the Army—the Chief of Army; or

                     (c)  in relation to a person who is or has been a member of the Air Force—the Chief of Air Force.

arm of the Defence Force means the Navy, the Army or the Air Force.

election includes general election.

enlisted member means a member who is not an officer.

member means a member of the Defence Force.

officer means a member who is an officer for the purposes of the Defence Act.

rank includes classification.

Reserve means:

                     (a)  the Naval Reserve; or

                     (b)  the Army Reserve; or

                     (c)  the Air Force Reserve.

Superannuation Rules means the Rules for the administration of the superannuation scheme established under the Military Superannuation and Benefits Act 1991.

the appropriate Reserve, in relation to an officer, means the Reserve that is appropriate to him having regard to the arm of the Defence Force of which he is a member.

the declared date, in relation to an election, means the date on which a notice under section 6 is published in the Gazette in relation to the election.

the Defence Act means the Defence Act 1903‑1966.

the Defence Force means the Defence Force of Australia.

the Defence Forces Retirement Benefits Act means the Defence Forces Retirement Benefits Act 1948‑1969.

the Defence Force Retirement and Death Benefits Act means the Defence Force Retirement and Death Benefits Act 1973.

             (2)  In the application of a provision to a person who has been transferred to a Reserve under section 7, to a person who has been discharged from the Defence Force under section 8 or to a person whose continuous full‑time service has been terminated under section 9, a reference in that provision to the relevant election shall be read as a reference to the election in relation to which he made the application in pursuance of which he was so transferred or discharged or his continuous full‑time service was so terminated.

6  Declared date

             (1)  Where an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9, the Minister shall, when he is satisfied that the result of the relevant election is certain, declare, by notice published in the Gazette, that he is so satisfied.

             (2)  The Minister shall, before making a declaration under the last preceding subsection in relation to an election, have regard to any dispute, and any proceedings in relation to a dispute, with respect to the election.

             (3)  The Minister may, for the purposes of subsection (1), treat the result of an election as being certain if, at the expiration of thirty days after the return of the writ relating to the election, the validity of the election has not been disputed in accordance with law and the Minister has no reason to believe that it will be so disputed.


 

Part IIDischarge etc. from Defence Force of parliamentary candidates

 

7  Transfer of officers to Reserve

             (1)  Where:

                     (a)  an officer who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the appropriate service chief to be transferred to the appropriate Reserve; and

                     (b)  he satisfies the appropriate service chief that he intends, if he is so transferred, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;

the appropriate service chief may transfer him to the appropriate Reserve.

8  Discharge of enlisted members

                   Where:

                     (a)  an enlisted member who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the appropriate service chief to be discharged from that arm of the Defence Force; and

                     (b)  he satisfies the appropriate service chief that he intends, if he is so discharged, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;

the appropriate service chief may discharge him accordingly.

9  Termination of continuous full‑time service

                   Where:

                     (a)  a member of the Naval Reserve, the Army Reserve or the Air Force Reserve who is rendering continuous full‑time service applies to the appropriate service chief for the termination of that service; and

                     (b)  he satisfies the appropriate service chief that he intends, if that service is so terminated, to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or a prescribed legislative or advisory body for another Territory at an election specified by him in the application;

the appropriate service chief may terminate that service accordingly.


 

Part IIIRe‑instatement of unsuccessful candidates

 

10  Re‑instatement of officers

             (1)  The appropriate service chief may, upon application being made in writing to him by an officer who has been transferred to a Reserve under section 7 for his re‑instatement in the force of which he was a member immediately before he was so transferred (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the appropriate service chief, in special circumstances, allows), transfer the officer to that force with the rank held by him immediately before he was transferred to the Reserve.

             (2)  Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where an officer is, under the last preceding subsection, transferred to the force of which he was a member immediately before he was transferred to a Reserve under section 7 of this Act, he shall, upon being transferred to that force, be deemed to have continued to have been a member of that force during the period when he was a member of the Reserve but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.

             (3)  Where the last preceding subsection applies in relation to an officer who, immediately before he was transferred to a Reserve, was serving under an appointment for a specified period, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under that appointment.

             (4)  Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which an officer is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of the officer to long service leave or furlough.

11  Re‑instatement of enlisted members

             (1)  The appropriate service chief may, upon application being made in writing to him by a person who has been discharged from an arm of the Defence Force under section 8 for his re‑instatement in the force of which he was a member immediately before he was discharged (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the appropriate service chief, in special circumstances, allows), cause the person to be re‑enlisted in that force with the rank held by him immediately before he was discharged.

             (2)  Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is re‑enlisted in a force by virtue of the last preceding subsection, he shall, upon re‑enlistment, be deemed to have continued to have been a member of that force during the period commencing upon his being discharged and ending upon his re‑enlistment but, subject to the next succeeding subsection, he shall be deemed to have been absent on leave without pay during that period.

             (3)  Where the last preceding subsection applies in relation to a person, the period in respect of which he is, under that subsection, deemed to have been absent on leave without pay shall not be taken into account in calculating the period that he has served under the engagement under which he was serving immediately before he was discharged.

             (4)  Any form of oath or affirmation that a person is, by any law of Australia, required to take or make upon enlistment in an arm of the Defence Force may, in respect of a person who is re‑enlisted in that arm of the Defence Force by virtue of subsection (1), be modified appropriately.

             (5)  Notwithstanding subsection (3) or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.

12  Re‑instatement of members rendering continuous full‑time service

             (1)  The appropriate service chief may, upon application being made in writing to him by a person whose continuous full‑time service has been terminated under section 9 for his re‑instatement as a member rendering continuous full‑time service (being application made not later than two months after the date that is the declared date in relation to the relevant election or within such further period as the appropriate service chief, in special circumstances, allows), cause the person to be accepted for further continuous full‑time service in the part of the Defence Force in which he was serving immediately before his continuous full‑time service was terminated, for such period as is agreed upon between the appropriate service chief and the person, with the rank held by him immediately before his continuous full‑time service was terminated.

             (2)  Except as provided by Rules 62 and 63 of the Superannuation Rules, section 80 of the Defence Forces Retirement Benefits Act and by sections 52 and 54 of the Defence Force Retirement and Death Benefits Act, where a person is, under the last preceding subsection, accepted for further continuous full‑time service, he shall be deemed to have been absent on leave without pay during the period commencing upon the termination of his continuous full‑time service and ending on the commencement of the further continuous full‑time service.

             (3)  Notwithstanding the last preceding subsection or anything contained in any other law of Australia, the period in respect of which a person is, under this section, deemed to have been absent on leave without pay shall be treated as a period of service in calculating the entitlement of that person to long service leave or furlough.

13  Compulsory re‑instatement of officers

             (1)  Where:

                     (a)  an officer has been transferred to a Reserve under section 7;

                     (b)  the appropriate service chief is satisfied that:

                              (i)  he was not nominated in the relevant election; or

                             (ii)  having been nominated in the relevant election, he failed to be elected in that election; and

                     (c)  he has not made application having effect for the purposes of section 10 for re‑instatement in the force of which he was a member immediately before he was transferred to a Reserve;

the appropriate service chief may, by notice in writing served on him before the expiration of a period of one month after the date that is the declared date in relation to the relevant election, require him to make to the appropriate service chief, not later than the expiration of a period of two months after the declared date, application in writing for his re‑instatement in the force of which he was a member immediately before he was transferred to the Reserve.

             (2)  If, at the expiration of the period of two months after the declared date, the officer has not made application in writing to the appropriate service chief for re‑instatement in the force of which he was a member immediately before he was transferred to a Reserve, he shall be deemed to have made such an application on the last day of that period and section 10 applies in relation to him accordingly.

14  Compulsory re‑instatement of enlisted members

             (1)  Where:

                     (a)  a person has been discharged from the Defence Force under section 8;

                     (b)  the appropriate service chief is satisfied that:

                              (i)  he was not nominated in the relevant election; or

                             (ii)  having been nominated in the relevant election, he failed to be elected in that election; and

                     (c)  he has not made application having effect for the purposes of section 11 for re‑instatement in the force of which he was a member immediately before he was discharged;

the appropriate service chief may, by notice in writing served on him before the expiration of a period of one month after the date that is the declared date in relation to the relevant election, require him to make to the appropriate service chief, not later than the expiration of a period of two months after the declared date, application in writing for his re‑instatement in the force of which he was a member immediately before his discharge.

             (2)  If, at the expiration of the period of two months after the declared date, the person has not made application in writing to the appropriate service chief for re‑instatement in the force of which he was a member immediately before he was discharged, he shall be deemed to have made such an application on the last day of that period and on that day to have been re‑enlisted, in accordance with section 11, in the force of which he was a member immediately before he was discharged, and that section applies in relation to him accordingly.

             (3)  Any requirement of any other law of Australia that a person enlisting in an arm of the Defence Force shall take an oath or make an affirmation does not apply in relation to the re‑enlistment of a person by virtue of the last preceding subsection.


 

Part IVMiscellaneous

 

16  Return of member, family and household effects etc. to place of enlistment

             (1)  Where an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9, the appropriate service chief shall, if he so requests, arrange for him to travel, at the expense of the Defence Force, from the place where he is serving when he is so transferred or discharged, or his continuous full‑time service is terminated, to the place at which he resided immediately before he became a member or to such other place as is agreed upon between him and the appropriate service chief.

             (2)  Where:

                     (a)  at the time a person makes application having effect for the purposes of section 7, 8 or 9, he is serving at a place outside Australia;

                     (b)  members of his family who are dependent upon him are at that time living at or near the place where he is so serving or at or near a place outside Australia at which he previously served; and

                     (c)  he has been transferred to a Reserve under section 7, discharged under section 8 or his continuous full‑time service has been terminated under section 9, or the appropriate service chief proposes so transferring or discharging him or terminating his continuous full‑time service under whichever of those sections is applicable;

the appropriate service chief shall, if the person so requests:

                     (d)  arrange for those members of his family to travel, at the expense of the Defence Force, from the place where they are living referred to in paragraph (b) to the place at which the person resided immediately before he became a member or to such other place in Australia as is agreed upon between the person and the appropriate service chief; and

                     (e)  arrange for such household furniture and such effects of the person and of those members of his family at the place at which they are so living as the appropriate service chief approves to be brought from that place to the place at which the person resided immediately before he became a member or to such other place as is agreed upon between the person and the appropriate service chief.

             (3)  For the purposes of this section, a member of the family of a person is dependent upon him if he is wholly or substantially so dependent.

17  Refund of gratuity

             (1)  Where:

                     (a)  an officer has been transferred to a Reserve under section 7, an enlisted member has been discharged from the Defence Force under section 8 or the continuous full‑time service of a member has been terminated under section 9; and

                     (b)  subsection (2) of section 10, subsection (2) of section 11 or subsection (2) of section 12 has effect in relation to him;

he shall pay to Australia an amount equal to the amount of any gratuity paid to him upon his being transferred to a Reserve, upon his being discharged or upon his continuous full‑time service being terminated and shall be deemed not to have received that gratuity.

             (2)  An amount payable by a person to Australia under this section may be recovered from the person in any court of competent jurisdiction as a debt due to Australia.

             (3)  In this section, gratuity includes bounty, but does not include a gratuity paid under the Defence Forces Retirement Benefits Act.

18  Service of notice

                   A notice by the Chief of Navy, the Chief of Army or the Chief of Air Force under section 13 or 14 may be served on a person:

                     (a)  by delivering the notice to the person; or

                     (b)  by posting the notice by registered post to the person at the address of the person as shown in the records of the arm of the Defence Force of which he is or was a member.

19  Delegation

             (1)  The Chief of Navy, the Chief of Army or the Chief of Air Force may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers or functions under this Act, other than this power of delegation.

             (2)  A power or function so delegated, when exercised or performed by the delegate, shall for the purposes of this Act, be deemed to have been exercised by the Chief of Navy, the Chief of Army or the Chief of Air Force, as the case requires.

             (3)  A delegation under this section does not prevent the exercise of a power or the performance of a function by the Chief of Navy, the Chief of Army or the Chief of Air Force, as the case may be.

             (4)  A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of Chief of Navy, Chief of Army or Chief of Air Force, as the case may be.

22  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Notes to the Defence (Parliamentary Candidates) Act 1969

Note 1

The Defence (Parliamentary Candidates) Act 1969 as shown in this compilation comprises Act No. 60, 1969 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 22 March 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Defence (Parliamentary Candidates) Act 1969

60, 1969

5 Sept 1969

5 Sept 1969

 

Defence (Parliamentary Candidates) Act 1973

84, 1973

19 June 1973

1 Oct 1972

as amended by

 

 

 

 

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

S. 9(1)

Election Candidates (Public Service and Defence Force) Act 1974

59, 1974

27 Sept 1974

Parts II and III (ss. 3–10): 27 Aug 1974
Remainder: Royal Assent

Defence Force Re‑organization Act 1975

96, 1975

9 Sept 1975

Ss. 139(a), (c), (d), 140–143, 144(a), (b), (d), 145, 146(a), (b), (d), (e), 147(b), (c), 149, 151 and 152: 9 Feb 1976 (see Gazette 1975, No. G42) (a)
Ss. 138, 139(b), 144(c), 146(c), 147(a), 148, 150, 153 and 154: 28 Oct 1975 (see Gazette 1975, No. G42) (a)

S. 155

Statute Law Revision Act 1981

61, 1981

12 June 1981

S. 115: Royal Assent (b)
S. 116: 30 Sept 1983 (see Gazette 1983, No. S222) (b)

Defence Force Superannuation Legislation Amendment Act 1991

126, 1991

2 Sept 1991

Ss. 4(1), 15, 18 and 22: 1 July 1990
Remainder: Royal Assent

Defence Legislation Amendment Act (No. 1) 1997

1, 1997

19 Feb 1997

Schedules 1 and 3: 30 Apr 1997 (see Gazette 1997, No. S91)
Remainder: Royal Assent

Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001

10, 2001

22 Mar 2001

Schedule 2 (items 56–59, 94, 95):
19 Apr 2001 (c)

Sch. 2 (items
94, 95) [see Table A]


(a)     The Defence (Parliamentary Candidates) Act 1969 was amended by sections 139–154 only of the Defence Force Re‑organization Act 1975, section 2 of which provides as follows:

                    2   This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.

(b)    The Defence (Parliamentary Candidates) Act 1969 was amended by sections 115 and 116 only of the Statute Law Revision Act 1981, subsections 2(1) and (2) of which provide as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

                 (2)   Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation.

(c)     The Defence (Parliamentary Candidates) Act 1969 was amended by Schedule 2 (items
56–59) only of the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title .....................................

am. No. 59, 1974

Part I

 

S. 4 .....................................

rep. No. 216, 1973

S. 5 .....................................

am. No. 84, 1973; No. 96, 1975; No. 61, 1981; No. 126, 1991; No. 1, 1997; No. 10, 2001

S. 6 .....................................

am. No. 96, 1975

Part II

 

Ss. 7, 8 ...............................

am. No. 59, 1974; No. 96, 1975; No. 1, 1997; No. 10, 2001

S. 9 .....................................

am. No. 59, 1974; No. 96, 1975; No. 61, 1981; No. 1, 1997;
No. 10, 2001

Part III

 

Ss. 10–12 ...........................

am. No. 84, 1973; No. 96, 1975; No. 126, 1991; No. 1, 1997

S. 13 ...................................

am. No. 96, 1975; No. 1, 1997 

S. 14 ...................................

am. No. 96, 1975; No. 61, 1981; No. 1, 1997 

S. 15 ...................................

am. No. 84, 1973

 

rep. No. 96, 1975

Part IV

 

S. 16....................................

am. No. 96, 1975; No. 1, 1997

S. 17....................................

am. No. 96, 1975

S. 18 ...................................

am. No. 96, 1975; No. 1, 1997

S. 19 ...................................

rs. No. 96, 1975

 

am. No. 1, 1997

Ss. 20, 21 ...........................

rep. No. 96, 1975 

 

 


Table A

Application, saving or transitional provisions

Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (No. 10, 2001)

Schedule 2

94  Saving—old regulations

(1)        Regulations that were in effect under any Act immediately before the commencement of this item continue to have effect after that time as if members of an arm of the Defence Force who were members of a particular part or component of that arm immediately before the commencement of this item were still members of that part or component after that time, even if that part or component no longer exists.

Example: Assume that, immediately before the commencement of this item, regulations imposed training obligations on members of the Air Force Specialist Reserve. Those obligations would continue to apply to former members of that Reserve after commencement, even though the Air Force Specialist Reserve itself is no longer mentioned in the Air Force Act 1923 and the members have now become members of the Air Force Reserve.

(2)        However, regulations that continue in effect under this item do so only to the extent that they are not amended or revoked by later regulations.

95  Regulations about transitional matters

(1)        The regulations may make provision in relation to other saving and transitional matters in connection with the amendments made by this Schedule.

(2)        In particular, such regulations may deal with the status, after the commencement of the amendments, of persons who were members of the Defence Force immediately before that time.

(3)        Subitem (2) does not limit the scope of subitem (1).