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Naval Defence Act 1910

Act No. 30 of 1910 as amended, taking into account amendments up to Act No. 135 of 2003
An Act relating to Naval Defence
Start Date 17 Jun 2004
End Date 05 Oct 2005
Date of repeal 01 Jul 2016
Repealed by Defence Legislation Amendment (First Principles) Act 2015

NAVAL DEFENCE ACT 1910



Compilation Information

A graphic exists here.

Naval Defence Act 1910 Act No. 30 of 1910 as amended

This compilation was prepared on 17 June 2004
taking into account amendments up to Act No. 135 of 2003
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



Long Title

An Act relating to Naval Defence

NAVAL DEFENCE ACT 1910
Part I—Introductory

NAVAL DEFENCE ACT 1910
- SECT 1
Short title [see Note 1]

This Act may be cited as the Naval Defence Act 1910.

NAVAL DEFENCE ACT 1910
- SECT 3
Interpretation

In this Act, unless the contrary intention appears:

member means an officer or sailor.

naval establishment includes any naval college, naval instructional establishment, ship, vessel or boat used for services auxiliary to naval defence, and any dock, shipyard, foundry, machine shop, work, office, or establishment, used in connexion with naval defence.

officer means a person appointed as an officer of the Navy, and includes a subordinate officer.

regulations means regulations relating to the Navy, whether made under this Act or the Defence Act.

sailor means a member of the Navy not being an officer.

subordinate officer means a person who holds the rank in the Navy of Acting Sub-Lieutenant, Midshipman or Cadet Midshipman.

the Defence Act means the Defence Act 1903.

time of defence emergency, time of war and war have the same meanings respectively as in the Defence Act.

NAVAL DEFENCE ACT 1910
- SECT 5A
Extension of Act to Territories

This Act extends to every Territory.

NAVAL DEFENCE ACT 1910
- SECT 5B
Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

NAVAL DEFENCE ACT 1910
- SECT 6
Act does not appropriate money

Nothing in this Act shall be taken as an appropriation of any public moneys.


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NAVAL DEFENCE ACT 1910
Part III—The Australian Navy

NAVAL DEFENCE ACT 1910
- SECT 19
Australian Navy

The Australian Navy consists of 2 parts:

(a)
the Permanent Navy; and
(b)
the Naval Reserve.

NAVAL DEFENCE ACT 1910
- SECT 20
Permanent Navy

The Permanent Navy consists of:

(a)
officers appointed to, and sailors enlisted in, the Permanent Navy; and
(b)
officers and sailors transferred to the Permanent Navy from:
(i)
the Naval Reserve; or
(ii)
the Australian Army; or
(iii)
the Australian Air Force.

NAVAL DEFENCE ACT 1910
- SECT 21
Naval Reserve

The Naval Reserve consists of:

(a)
officers appointed to, and sailors enlisted in, the Naval Reserve; and
(b)
officers and sailors transferred to the Naval Reserve from:
(i)
the Permanent Navy; or
(ii)
the Australian Army; or
(iii)
the Australian Air Force.

NAVAL DEFENCE ACT 1910
- SECT 24
Voluntary entry

Except as provided by Part IV of the Defence Act, the Navy shall be kept up by the appointment to the Navy, or the enlistment in the Navy, of persons who volunteer and are accepted for service in the Navy.

NAVAL DEFENCE ACT 1910
Part IV—The service of the Navy

NAVAL DEFENCE ACT 1910
- SECT 31
Service of the Permanent Navy

Members of the Permanent Navy are bound to render continuous full time naval service.

NAVAL DEFENCE ACT 1910
- SECT 32A
Service of the Naval Reserve

(1)
A member of the Naval Reserve is not bound to render continuous full time naval service otherwise than:

(a)
as provided in this section; or
(b)
as a result of a call out order under section 50D, 51A, 51B or 51C of the Defence Act.

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(2)
The regulations must set, or provide for the setting of, training periods for the Naval Reserve.

Note: Different training periods may be set for different parts of the Naval Reserve or for different classes of members of the Naval Reserve: see subsection 33(3A) of the Acts Interpretation Act 1901.

(2A)
A member of the Naval Reserve is bound to render, in each training period, naval service (other than continuous full time naval service) for such periods as are set by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all, or a specified part, of that service.

Note: Different service may be required of different parts of the Naval Reserve, or of different classes of members of the Naval Reserve, or in different periods: see subsection 33(3A) of the Acts Interpretation Act 1901.

(2B)
The regulations:

(a)
may make provision for different periods of naval service with respect to different parts, or different classes of members, of the Australian Naval Reserve; and
(b)
may make provision for exempting:
(i)
a particular member of the Australian Naval Reserve; or
(ii)
members within a specified class of members of the Australian Naval Reserve;

from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period.

(3)
A member of the Naval Reserve may, at any time, voluntarily undertake to render continuous full time naval service for a period specified by him and, if that undertaking is accepted, he is bound to render that form of service for that specified period, or for such period or periods within that specified period, as the Chief of Navy directs.

(4)
A member of the Naval Reserve may at any time voluntarily undertake to render naval service, other than continuous full time naval service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render naval service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the Chief of Navy directs.

NAVAL DEFENCE ACT 1910
- SECT 33
Limits of service

Members of the Navy may be required to serve either within or beyond the territorial limits of Australia.

NAVAL DEFENCE ACT 1910
Part V—Cadets

NAVAL DEFENCE ACT 1910
- SECT 38
Establishment and constitution of the Australian Navy
Cadets

(1)
The body known immediately before the commencement of this subsection as the Naval Reserve Cadets is continued in existence with the new name, Australian Navy Cadets.

(2)
The Australian Navy Cadets consists of:


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(a)
persons appointed in accordance with the regulations to be officers in that body;
(b)
persons appointed in accordance with the regulations to be instructors in that body; and
(c)
subject to subsections (5) and (6), persons who volunteer, and are accepted, in accordance with the regulations as cadets in that body.
(3)
A person appointed to be an officer or instructor in the Australian Navy Cadets does not become a member of the Navy by virtue of that appointment.

(4)
A cadet is not a member of the Navy.

(5)
A person is not entitled to volunteer, or to be accepted, as a cadet unless he:

(a)
has attained such age as is prescribed; and
(b)
has not attained the age of 18 years.
(6)
A person ceases to be a cadet when he attains the age of 19 years.

(7)
The regulations may make provision for or in relation to the organization, maintenance, regulation, control and discipline of the Australian Navy Cadets and, in particular, for and in relation to the periods and conditions of service of members, other than conditions of service with respect to which determinations under section 58B of the Defence Act may be made.

(8)
In subsection (7), member means an officer, instructor or cadet in the Australian Navy Cadets.

NAVAL DEFENCE ACT 1910
- SECT 39
Administration of the Australian Navy Cadets

Subject to the regulations, to any determinations in force under section 58B of the Defence Act and to the directions of the Minister, the Chief of Navy shall administer the Australian Navy Cadets.

NAVAL DEFENCE ACT 1910
Part VI—Special powers in relation to Naval ships, Naval establishments and civil employment

NAVAL DEFENCE ACT 1910
- SECT 40
Interpretation

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

authorized person means a person appointed by the Minister in writing to be an authorized person for the purposes of this Part.

Commonwealth authority means a company or other body corporate incorporated under a law of the Commonwealth or of a State or Territory, being a company or body corporate in which the Commonwealth has a controlling interest.

determination means a determination made under section 42A.

industrial award means an award within the meaning of the Workplace Relations Act 1996.

NAVAL DEFENCE ACT 1910
- SECT 42
Employment of persons in civil capacity

The authorized person may, on behalf of the Commonwealth, engage persons for employment in a civil capacity (whether within or without Australia) in or in connexion with a naval establishment or otherwise in connexion with the Navy.

NAVAL DEFENCE ACT 1910
- SECT 42A
Determination of conditions of employment

(1)
The authorized person may, by instrument in writing, determine the terms and conditions (including rates of pay and allowances) applicable to the employment of persons under section 42.

(3)
A determination takes effect from the date on which it is made or, if it is expressed to take effect from another date specified in the determination, from that other date.

(4)
A determination:


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(b)
shall not be expressed to take effect from a date before the date on which the determination is made in any case where, if it so took effect:
(i)
the rights of a person (other than the Commonwealth) existing at the date on which it is made would be affected in a manner prejudicial to that person; or
(ii)
liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date on which it is made;

and where, in a determination, provision is made in contravention of this subsection, that provision is void and of no effect.

(5)
A determination may make provision for or in relation to terms or conditions of employment by applying, adopting or incorporating, with or without modification:

(a)
the provisions of any Act, or of any regulations, as in force at a particular time or as in force from time to time; or
(b)
any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.
(6)
Determinations shall be deemed not to be Statutory Rules within the meaning of the Statutory Rules Publication Act 1903.

(7)
Nothing in this section affects the application of the Workplace Relations Act 1996 in relation to persons employed under the last preceding section.

NAVAL DEFENCE ACT 1910
- SECT 42C
Public Service Act not to apply

(1)
Subject to the next succeeding subsection, the Public Service Act 1999 does not apply to persons employed under section 42 of this Act.

(2)
Section 75 of the Public Service Act 1999 applies in relation to a person employed under section 42 of this Act as if he were an APS employee, within the meaning of that Act, employed in the Department.

NAVAL DEFENCE ACT 1910
- SECT 42D
Transfer of persons where functions are to be performed by a
Commonwealth authority

(1)
Where the Minister certifies in writing that a function that has been performed by persons employed under section 42 is to be performed by a Commonwealth authority, the authorized person may, by writing published in the Gazette, declare that specified persons or classes of persons are in the employment of the Commonwealth authority.

(2)
A person specified in, or in a class of persons specified in, a declaration under subsection (1):

(a)
on the day specified in the declaration for the purpose of this subsection, ceases to be employed under section 42; and
(b)
from and including that day, is employed by the Commonwealth authority specified in the declaration.
(3)
For the purpose of facilitating a transfer of persons to the employment of a Commonwealth authority, the Commonwealth authority may, notwithstanding anything in any other law (other than an industrial award), determine special terms or conditions of employment that are to apply in relation to the persons (other than terms and conditions with respect to superannuation).

NAVAL DEFENCE ACT 1910
Part VII—Miscellaneous
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NAVAL DEFENCE ACT 1910
- SECT 44B
Delegation

(3)
The Chief of Navy may, by instrument in writing, delegate to an officer all or any of his powers under section 32A.

(4)
The authorized person may, by instrument in writing, delegate to a person all or any of his powers under Part VI.

(5)
A delegation under this section may be made either generally or otherwise as provided in the instrument of delegation.

(6)
A power delegated under this section shall, when exercised by the delegate, be deemed, for the purposes of this Act, to have been exercised by the person who made the delegation.

(6A)
The delegate is, in the exercise of a power delegated under this section, subject to the directions of the person who made the delegation.

(7)
A delegation under this section does not prevent the exercise of a power by the person who made the delegation.

(8)
A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation.

(9)
A document purporting to be a copy of an instrument of delegation under this section and purporting to bear the signature, or a facsimile of the signature, of the person who made the delegation and an endorsement in writing that the delegation is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Act, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was on the date specified, in force.

(10)
In this section, authorized person has the same meaning as in section 40.

NAVAL DEFENCE ACT 1910
- SECT 44E
Intoxicating liquor not to be supplied to Australian Navy
Cadets

(1)
A person is guilty of an offence if:

(a)
the person sells or supplies intoxicating liquor to another person; and
(b)
the person is a member of the Australian Navy Cadets, is under such age as is prescribed, and is in uniform.

Maximum penalty: $40.

(2)
Subsection (1) does not apply if the liquor is sold or supplied by direction of a duly qualified medical practitioner.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

(3)
An offence under subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

NAVAL DEFENCE ACT 1910
- SECT 45
Regulations

(1)
The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for securing the good government of the Navy, or for carrying out or giving effect to this Act, and in particular prescribing matters for or in relation to:

(a)
the good government of naval establishments;
(b)
the discipline of persons (not being defence members or defence civilians within the meaning of the Defence Force Discipline Act 1982) employed in or in connexion with naval establishments;
(c)
the regulation and control of shipping in time of war or for the purposes of any naval operation or practice;
(d)
the fixing of charter rates and establishment charges in respect of ships requisitioned for naval purposes; and
(e)
the imposition of penalties, not exceeding a fine of $2,000 or imprisonment for a period not exceeding 12 months, or both, for offences against the regulations.

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(3)
The power to make regulations contained in this section is in addition to any power to make regulations contained in the Defence Act.

NAVAL DEFENCE ACT 1910
Notes to the Naval Defence Act 1910

Note 1

The Naval Defence Act 1910 as shown in this compilation comprises Act No. 30, 1910 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 22 September 1999 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


Naval Defence Act 1910


30, 1910


25 Nov 1910


25 Nov 1910



Naval Defence Act 1911


16, 1911


22 Dec 1911


22 Dec 1911



Naval Defence Act 1912


21, 1912


24 Dec 1912


24 Dec 1912



Naval Defence Act 1918


45, 1918


25 Dec 1918


25 Dec 1918



Statute Law Revision Act 1934


45, 1934


6 Aug 1934


6 Aug 1934


S. 8


Commonwealth Public Service Act 1948


35, 1948


26 June 1948


1 Sept 1948 (see Gazette 1948, p. 3115)



Naval Defence Act 1949


72, 1949


28 Oct 1949


1 Jan 1950



Naval Defence Act 1952


14,1952


30 May 1952


30 May 1952



Naval Defence Act 1964


93, 1964


6 Nov 1964


6 Nov 1964


Ss. 5, 15(2), 17 and 18


Naval Defence Act 1965


53, 1965


7 June 1965


7 June 1965


S. 2(2)


Statute Law Revision (Decimal Currency) Act 1966


93, 1966


29 Oct 1966


1 Dec 1966



Naval Defence Act 1968


24, 1968


22 May 1968


22 May 1968


S. 5(2)-(6)


Naval Defence Act 1971


14, 1971


5 Apr 1971


Ss. 3 and 4: 1 Jan 1973 (see Gazette 1972, No. 125, p 4)
Remainder: Royal Assent


Ss. 4 and 5


Statute Law Revision Act 1973


216, 1973


19 Dec 1973


31 Dec 1973


Ss. 9(1) and 10


Defence Force Re-organization Act 1975


96, 1975


9 Sept 1975


Ss. 62, 63(a), (b), 64, 71, 73-77, 83, 85 and 88: 28 Oct 1975 (see Gazette 1975, No. G42, p. 2) (a)
Ss. 63(c), (d), 65-70, 72, 79-82, 84, 86 and 89: 9 Feb 1976 (see Gazette 1975, No. G42, p. 2) (a)
Ss. 78 and 87: 9 Feb 1976 (see Gazette 1976, No. S24) (a)


Ss. 65(2), (4), (5), 68(2), (3), 69(2), 72(2), 74(2), 76(2), 81(2) and 82(2)
S. 65(3) (am. by 164, 1984, s. 120)


as amended by






Defence Legislation Amendment Act 1984


164, 1984


25 Oct 1984


(see 164, 1984 below)



Naval Defence Amendment Act 1979


133, 1979


23 Nov 1979


Ss. 4 and 7: 1 Jan 1985 (see s. 2(2) and Gazette 1981, No. S273, p. 2)
Remainder: Royal Assent


S. 7


Statute Law Revision Act 1981


61, 1981


12 June 1981


Part XV (ss. 61-72): 30 Sept 1983 (see Gazette 1983, No. S222) (b)


S. 72


Statute Law (Miscellaneous Amendments) Act
(No. 2) 1982


80, 1982


22 Sept 1982


Part LXXVII (s. 280): Royal Assent (c)


S. 280(2) and (3)


Defence Force (Miscellaneous Provisions) Act 1982


153, 1982


31 Dec 1982


3 July 1985 (see s. 2 and Gazette 1985, No. S255)


S. 96


as amended by






Defence Legislation Amendment Act 1984


164, 1984


25 Oct 1984


(see 164, 1984 below)



Statute Law (Miscellaneous Provisions) Act (No. 1) 1983


39, 1983


20 June 1983


S. 3: 18 July 1983 (d)


S. 7(1)


Conciliation and Arbitration Amendment Act (No. 2) 1983


115, 1983


16 Dec 1983


S. 41: 1 June 1984 (see Gazette 1984, No. S201) (e)



Defence Legislation Amendment Act 1984


164, 1984


25 Oct 1984


Ss. 1, 2, 16-19,
Part XIV (ss. 115 and 116) and 120: Royal Assent
Ss. 23-70 and 72-78: 3 July 1985 (see s. 2(4) and Gazette 1985, No. S255)
S. 71: 31 Dec 1982 (see s. 2(3))
Ss. 82, 83 and 87-89: 1 July 1983
Ss. 84 and 86: 1 Oct 1972
Part XI (ss. 108 and 109): 1 Jan 1985
Part XV (ss. 117-119): 1 Aug 1984 (see s. 2(8))
S. 121: 1 Jan 1982
Remainder: 22 Nov 1984


Ss. 120(1), (3), 121 and 122


Statute Law (Miscellaneous Provisions) Act (No. 2) 1984


165, 1984


25 Oct 1984


S. 3: 22 Nov 1984 (f)


S. 6(1)


Statute Law (Miscellaneous Provisions) Act (No. 1) 1985


65, 1985


5 June 1985


S. 3: 3 July 1985 (g)



Statute Law (Miscellaneous Provisions) Act (No. 1) 1986


76, 1986


24 June 1986


S. 3: Royal Assent (h)


S. 9


Defence Legislation Amendment Act 1987


65, 1987


5 June 1987


Ss. 58, 61(1), 62 and 69(1): Royal Assent (j)
Ss. 59, 60, 61(2), 63-68, 69(2) and 70: 1 July 1988 (see Gazette 1988, No. S173) (j)


Ss. 64(2)-(5)


Industrial Relations (Consequential Provisions) Act 1988


87, 1988


8 Nov 1988


Ss. 1 and 2: Royal Assent
Remainder: 1 Mar 1989 (see s. 2(2) and Gazette 1989, No. S53)



Defence Legislation Amendment Act 1988


100, 1988


2 Dec 1988


Ss. 5 and 16: 1 July 1988 (see s. 2 and Gazette 1987, No. S173)
Remainder: Royal Assent



Naval Defence Amendment Act 1988


101, 1988


2 Dec 1988


2 Dec 1988



Defence Legislation Amendment Act (No. 2) 1988


104, 1988


6 Dec 1988


S. 18: 1 Sept 1989 (see Gazette 1989, No. S268)
S. 25: 1 Oct 1972
Ss. 29 and 36: 1 July 1978
Part IX (ss. 52 and 53): 18 Dec 1987
Remainder: Royal Assent



Defence Legislation Amendment Act 1990


75, 1990


22 Oct 1990


S. 3: (k)



Defence Legislation Amendment Act (No. 2) 1990


21, 1991


5 Feb 1991


Ss. 10-13 and 16-18: 1 July 1990
Remainder: Royal Assent



Prime Minister and Cabinet Legislation Amendment Act 1991


199, 1991


18 Dec 1991


18 Dec 1991



Qantas Sale Act 1992


196, 1992


21 Dec 1992


Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (l)
Schedule (Part 5): 30 Aug 1995 (see Gazette 1995, No. S324) (l)


S. 2(6) (am. by 60, 1993, s.4; 168, 1994, s. 3)


as amended by






Qantas Sale Amendment Act 1993


60, 1993


3 Nov 1993


10 Mar 1993



Qantas Sale Amendment Act 1994


168, 1994


16 Dec 1994


S. 3 (item 17): Royal Assent (m)



Defence Legislation Amendment Act 1995


43, 1995


15 June 1995


Schedule 5: 1 Nov 1995 (see Gazette 1995, No. S361) (n)



Workplace Relations and Other Legislation Amendment Act 1996


60, 1996


25 Nov 1996


Schedule 19 (item 32): Royal Assent (o)


S. 2(2), (6) (am. by 77, 1996, Sch. 3) [items 1, 2])


as amended by






Workplace Relations and Other Legislation Amendment Act (No. 2) 1996


77, 1996


19 Dec 1996


Schedule 3 (items 1, 2): (p)



Defence Legislation
Amendment Act (No. 1) 1997


No. 1, 1997


19 Feb 1997


Schedule 1 (items 14-20) and Schedule 3 (items 3, 4): 30 Apr 1997 (see Gazette 1997, No. S91) (q)
Schedule 2 (items 29-46): Royal Assent (q)



Defence Legislation Amendment Act (No. 1) 1999


116, 1999


22 Sept 1999


Schedule 2 (items 13-24): 22 Mar 2000 (r)
Schedule 3 (item 2): Royal Assent (r)


Sch. 2 (item 24) [see Table A]


Public Employment (Consequential and Transitional) Amendment Act 1999


146, 1999


11 Nov 1999


Schedule 1 (items 687-691): 5 Dec 1999 (see Gazette 1999, No. S584) (s)



Defence Legislation Amendment (Flexible Career Practices) Act 2000


113, 2000


5 Sept 2000


5 Mar 2001


S. 4 [see Table A]


Defence Legislation Amendment (Aid to Civilian Authorities) Act 2000


119, 2000


12 Sept 2000


12 Sept 2000



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


10, 2001


22 Mar 2001


Schedule 2 (items 12-15, 19, 27-31, 67, 68, 75-77): 22 Mar 2002
Schedule 3: 19 Apr 2001 (see s. 2(4))
Schedule 4: Royal Assent
Remainder: 19 Apr 2001


Sch. 2 (items 91-95) [see Table A]


Defence Legislation Amendment (Application of Criminal Code) Act 2001


141, 2001


1 Oct 2001


S. 4: Royal Assent
Schedule 1 (items 107-109): 15 Dec 2001


S. 4 and Sch. 1 (item 109) [see Table A]
S. 2(2) (am. by 135, 2003, Sch. 2 (item 28))


as amended by






Defence Legislation Amendment Act 2003


135, 2003


17 Dec 2003


Schedule 2 (item 28): (t)



Defence Legislation Amendment Act 2003


135, 2003


17 Dec 2003


Schedule 2 (items 33-38): 17 June 2004


Sch. 2 (item 38) [see Table A]



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(a) The Naval Defence Act 1910 was amended by sections 62-89 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 Naval Defence Act 1910 was amended by Part XV (sections 61-72) only of the Statute Law Revision Act 1981, subsection 2(2) of which provides as follows:

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

(c) The Naval Defence Act 1910 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:

(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(d) The Naval Defence Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:

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

(e) The Naval Defence Act 1910 was amended by section 41 only of the Conciliation and Arbitration Amendment Act (No. 2) 1983, subsection 2(2) of which provides as follows:

(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, subsection 22(3) and sections 27, 39, 40, 41 and 43 shall come into operation on a date, or respective dates, to be fixed by Proclamation.

(f) The Naval Defence Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

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

(g) The Naval Defence Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

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

(h) The Naval Defence Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:

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

(j) The Naval Defence Act 1910 was amended by sections 58-70 only of the Defence Legislation Amendment Act 1987, subsections 2(1) and (6) of which provide as follows:

(1) Sections 1, 2, 3, 9 and 10, subsection 13(1), sections 23, 24 and 25, subsection 26 (1), sections 27, 29, 31, 33, 34, 35, 36, 42, 43, 44, 45, 52, 53, 54, 55 and 58, subsection 61(1), section 62, subsection 69(1) and Parts IX and X shall come into operation on the day on which this Act receives the Royal Assent.
(6) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(k) The Naval Defence Act 1910 was amended by section 3 only of the Defence Legislation Amendment Act 1990, subsections 2(1) and (2) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), the amendment of section 9, and the repeal of sections 32C and 33, of the Defence Act 1903, and the repeal of section 23 of the Naval Defence Act 1910, made by section 3 commence on a day to be fixed by Proclamation.

In pursuance of section 2(2) the date of commencement for the repeal of section 23 was 15 December 1990 (see Gazette 1990, No. S312).
(l) The Naval Defence Act 1910 was amended by the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:

(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule—the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule—the day is not earlier than the 100% sale day.

(m) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it

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receives the Royal Assent.

(n) The Naval Defence Act 1910 was amended by the Defence Legislation Amendment Act 1995, subsection 2(2) of which provides as follows:

(2) Schedule 1 (except items 3 and 11.3), items 29 and 30 of Schedule 2, and Schedule 5 commence on a day to be fixed by Proclamation.

(o) The Naval Defence Act 1910 was amended by Schedule 19 (item 32) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(1) of which provides as follows:

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

(p) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:

(4) The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.

The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.
(q) The Naval Defence Act 1910 was amended by Schedule 1 (items 14-20), Schedule 3 (items 3 and 4) and Schedule 2 (items 29-46) only of the Defence Legislation Amendment Act (No. 1) 1997, subsections 2(1) and (2) of which provide as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), Schedules 1 and 3 commence on a day or days to be fixed by Proclamation.

(r) The Naval Defence Act 1910 was amended by Schedule 2 (items 13-23) and Schedule 3 (item 2) only of the Defence Legislation Amendment Act (No. 1) 1999, subsections 2(1)-(3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), the items in Schedules 1 and 2 commence on a day or days to be fixed by Proclamation.
(3) If an item in Schedule 1 or 2 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(s) The Naval Defence Act 1910 was amended by Schedule 1 (items 687-691) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.

(t) Subsection 2(1) (item 9) of the Defence Legislation Amendment Act 2003 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information


Column 1


Column 2


Column 3


Provision(s)


Commencement


Date/Details


9. Schedule 2, item 28


Immediately after the commencement of section 2 of the Defence Legislation Amendment (Application of Criminal Code) Act 2001


1 October 2001



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Table of Amendments

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


Provision affected


How affected


Part I



S. 2


am. No. 14, 1952



rs. No. 93, 1964



am. No. 24, 1968



rep. No. 216, 1973


S. 3


am. No. 45, 1918; No. 14, 1952



rs. No. 93, 1964



am. No. 216, 1973; No. 96, 1975; No. 133, 1979; No. 153,1982; No. 65, 1987; No. 104, 1988


S. 4


rep. No. 93, 1964


S. 5


am. No. 45, 1918; No. 14, 1952



rs. No. 93, 1964



am. No. 53, 1965; No. 96, 1975; No. 133, 1979



rep. No. 153, 1982


S. 5A


ad. No. 93, 1964



am. No. 216, 1973


S. 5B


ad. No. 141, 2001


S. 7


rep. No. 96, 1975


Part II


rep. No. 10, 2001


Heading to Div. 1 of Part II


ad. No. 43, 1995



rep. No. 10, 2001


S. 8


am. No. 45, 1918



rs. No. 93, 1964



am. No. 96, 1975; No. 133, 1979; No. 39, 1983



rep. No. 10, 2001


S. 9


rs. No. 93, 1964; No. 53, 1965



am. No. 96, 1975; No. 61, 1981; No. 39, 1983; No. 65, 1987; No. 43, 1995



rep. No. 10, 2001


S. 10


rs. No. 93, 1964



am. No. 216, 1973



rep. No. 153, 1982


S. 11


am. No. 45, 1918



rs. No. 93, 1964



am. No. 96, 1975



rs. No. 39, 1983



am. No. 1, 1997; No. 113, 2000



rep. No. 10, 2001


Heading to s. 12


rs. No. 43, 1995



rep. No. 10, 2001


S. 12


rs. No. 93, 1964



am. No. 76, 1986; No. 43, 1995; No. 1, 1997



rep. No. 10, 2001


S. 13


rs. No. 93, 1964; No. 96, 1975



am. No. 133, 1979; No. 39, 1983; No. 65, 1987; Nos. 100 and 104, 1988; No. 1, 1997; No. 113, 2000



rep. No. 10, 2001


S. 13A


ad. No. 43, 1995



am. No. 1, 1997; No. 116, 1999; No. 113, 2000



rep. No. 10, 2001


Heading to Div. 2 of Part II


ad. No. 43, 1995



rep. No. 10, 2001


S. 13B


ad. No. 43, 1995



am. No. 1, 1997



rep. No. 10, 2001


S. 13C


ad. No. 43, 1995



am. No. 116, 1999



rep. No. 10, 2001


S. 13D


ad. No. 43, 1995



rep. No. 10, 2001


S. 13E


ad. No. 43, 1995



rep. No. 10, 2001


Heading to s. 13F


am. No. 116, 1999



rep. No. 10, 2001


S. 13F


ad. No. 43, 1995



am. No. 116, 1999



rep. No. 10, 2001


S. 13G


ad. No. 43, 1995



rep. No. 10, 2001


S. 13H


ad. No. 43, 1995



am. No. 1, 1997



rep. No. 10, 2001


S. 13J


ad. No. 43, 1995



rep. No. 10, 2001


S. 13K


ad. No. 43, 1995



am. No. 1, 1997; No. 116, 1999



rep. No. 10, 2001


Heading to s. 13L


am. No. 116, 1999



rep. No. 10, 2001


S. 13L


ad. No. 43, 1995



am. No. 1, 1997; No. 116, 1999



rep. No. 10, 2001


S. 13M


ad. No. 43, 1995



am. No. 1, 1997



rs. No. 116, 1999



rep. No. 10, 2001


S. 13N


ad. No. 43, 1995



rep. No. 10, 2001


S. 14


am. No. 45, 1918



rs. No. 93, 1964



am. No. 216, 1973; No. 96, 1975



rep. No. 75, 1990


Ss. 15, 16


rep. No. 93, 1964


Heading to s. 17


rs. No. 43, 1995



rep. No. 10, 2001


S. 17


am. No. 216, 1973; No. 96, 1975; No. 133, 1979; No. 39, 1983; No. 43, 1995



rep. No. 10, 2001


S. 17A


ad. No. 96, 1975



am. No. 61, 1981; No. 39, 1983; No. 1, 1997



rep. No. 10, 2001


Div. 2A of Part II


ad. No. 1, 1997



rep. No. 10, 2001


S. 17B


ad. No. 1, 1997



am. No. 113, 2000



rep. No. 10, 2001


Div. 3 of Part II


ad. No. 43, 1995



rep. No. 10, 2001


S. 18


am. No. 216, 1973; No. 96, 1975



rep. No. 65, 1987



ad. No. 43, 1995



rep. No. 10, 2001


Part III



Heading to Part III


am. No. 96, 1975


S. 19


rs. No. 93, 1964



am. No. 96, 1975; No. 133, 1979; No. 61, 1981



rs. No. 10, 2001


S. 20


rs. No. 93, 1964



am. No. 216, 1973



rs. No. 65, 1987



am. No. 1, 1997



rs. No. 10, 2001


S. 21


am. No. 21, 1912; No. 14, 1952



rs. No. 93, 1964



am. No. 216, 1973; No. 61, 1981



rs. No. 65, 1987



am. No. 1, 1997



rs. No. 10, 2001


S. 22


rs. No. 93, 1964



am. No. 216, 1973



rs. No. 61, 1981; No. 65, 1987



am. No. 1, 1997



rep. No. 10, 2001


S. 23


rep. No. 45, 1934



ad. No. 93, 1964



am. No. 96, 1975



rep. No. 75, 1990


S. 24


am. No. 14, 1952



rs. No. 93, 1964; No. 53, 1965



am. No. 96, 1975; No. 133, 1979


S. 24A


ad. No. 14, 1952



am. No. 216, 1973



rep. No. 96, 1975


S. 25


rs. No. 93, 1964



am. No. 216, 1973; No. 96, 1975; No. 39, 1983



rs. No. 65, 1987



rep. No. 10, 2001


S. 25A


ad. No. 16, 1911



rep. No. 96, 1975


S. 26


rs. No. 93, 1964



am. No. 96, 1975



rs. No. 65, 1987



rep. No. 10, 2001


S. 26A


ad. No. 113, 2000



rep. No. 10, 2001


S. 27


am. No. 216, 1973



rep. No. 96, 1975



ad. No. 65, 1987



rep. No. 10, 2001


S. 28


am. No. 45, 1918



rs. No. 93, 1964; No. 53, 1965



am. No. 216, 1973; No. 96, 1975; No. 133, 1979; No. 61, 1981



rs. No. 65, 1987



am. No. 100, 1988; No. 75, 1990; No. 1, 1997



rep. No. 10, 2001


S. 29


am. No. 14, 1952



rs. No. 93, 1964



am. No. 216, 1973; No. 133, 1979; No. 61, 1981



rs. No. 65, 1987



rep. No. 10, 2001


S. 29A


ad. No. 65, 1987



rep. No. 10, 2001


S. 30


rs. No. 53, 1965



am. No. 216, 1973; No. 96, 1975; No. 39, 1983; No. 65, 1987; No. 1, 1997



rep. No. 10, 2001


S. 30A


ad. No. 1, 1997



rep. No. 10, 2001


Part IV



Heading to Part IV


am. No. 96, 1975


Heading to s. 31


am. No. 10, 2001


S. 31


rs. No. 93, 1964; No. 53, 1965



am. No. 216, 1973



rs. No. 61, 1981



am. No. 10, 2001


S. 32


am. No. 14, 1952



rs. No. 93, 1964



am. No. 133, 1979; No. 61, 1981; No. 164, 1984



rs. No. 65, 1987



am. No. 1, 1997; No. 119, 2000



rep. No. 10, 2001


S. 32AA


ad. No. 164, 1984



am. No. 1, 1997



rep. No. 10, 2001


Heading to s. 32A


am. No. 10, 2001


S. 32A


ad. No. 93, 1964



am. No. 96, 1975; No. 61, 1981; No. 164, 1984; No. 65, 1987; No. 1, 1997; No. 119, 2000; No. 10, 2001


S. 33


rs. No. 216, 1973



am. No. 96, 1975


S. 34


rs. No. 93, 1964



am. No. 216, 1973; No. 96, 1975



rep. No. 153, 1982


S. 35


rep. No. 93, 1964


S. 36


am. No. 21, 1912



rep. No. 93, 1964


S. 37


rs. No. 16, 1911



am. No. 21, 1912



rep. No. 93, 1964


Part V



Part V


rs. No. 14, 1952; No. 14, 1971


Heading to s. 38


am. No. 135, 2003


S. 38


rs. No. 14, 1952; No. 14, 1971



am. No. 96, 1975; No. 133, 1979; No. 135, 2003


Heading to s. 39


am. No. 135, 2003


S. 39


rs. No. 14, 1952; No. 14, 1971; No. 96, 1975



am. No. 133, 1979; No. 1, 1997; No. 135, 2003


Part VI



Heading to Part VI


rs. No. 24, 1968


S. 40


rep. No. 14, 1952



ad. No. 24, 1968



rs. No. 96, 1975



am. No. 101, 1988; No. 196, 1992; No. 146, 1999


Ss. 40A, 40B


ad. No. 21, 1912



rep. No. 14, 1952


S. 41


am. No. 35, 1948; No. 24, 1968; No. 96, 1975; No. 104, 1988



rep. No. 21, 1991


S. 42


rep. No. 93, 1964



ad. No. 24, 1968



am. No. 96, 1975; No. 133, 1979; No. 146, 1999


S. 42A


ad. No. 24, 1968



am. No. 96, 1975; No. 133, 1979; No. 115, 1983; Nos. 87 and 104, 1988; No. 199, 1992; No. 60, 1996


S. 42B


ad. No. 24, 1968



am. No. 216, 1973; No. 96, 1975; No. 133, 1979



rep. No. 65, 1985


S. 42C


ad. No. 24, 1968



am. No. 96, 1975; No. 133, 1979; No. 80, 1982; No. 146, 1999


S. 42D


ad. No. 24, 1968



rep. No. 216, 1973



ad. No. 101, 1988


S. 42E


ad. No. 24, 1968



am. No. 96, 1975



rep. No. 39, 1983


S. 43


rs. No. 93, 1964



am. No. 96, 1975; No. 133, 1979



rep. No. 65, 1987


S. 44


rs. No. 93, 1964



am. No. 96, 1975



rep. No. 153, 1982


S. 44A


ad. No. 16, 1911



rs. No. 93, 1964



rep. No. 153, 1982


Part VII



S. 44B


ad. No. 16, 1911



am. No. 21, 1912



rep. No. 93, 1964



ad. No. 39, 1983



am. No. 164, 1984; No. 76, 1986; No. 65, 1987; No. 1, 1997; No. 116, 1999; No. 10, 2001


S. 44C


ad. No. 72, 1949



rep. No. 216, 1973


S. 44D


ad. No. 14, 1952



am. No. 93, 1966; No. 216, 1973



rs. No. 96, 1975



rep. No. 165, 1984


Heading to s. 44E


am. No. 135, 2003


S. 44E


ad. No. 14, 1952



am. No. 93, 1966; No. 96, 1975; No. 133, 1979



rs. No. 141, 2001



am. No. 135, 2003


S. 45


am. No. 72, 1949; No. 14, 1952; No. 93, 1966; No. 216, 1973; No. 96, 1975; No. 153, 1982; No. 39, 1983; No. 165, 1984


The First and Second
Schedules


rep. No. 93, 1964


The Schedule


ad. No. 93, 1964



am. No. 216, 1973



rep. No. 65, 1987



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Table A

Table A

Application, saving or transitional provisions

Defence Legislation Amendment Act (No. 1) 1999 (No. 116, 1999)

Schedule 2

24 Saving

Sections 13K and 13M of the Naval Defence Act 1910 as in force before the commencement of this item continue to apply to an officer of the Navy who was given a notice before that commencement under subsection 13K(1) of that Act as so in force.

Defence Legislation Amendment (Flexible Career Practices) Act 2000 (No. 113, 2000)

4 Application of amendments
The amendments made by items 3, 4, 5, 8, 9 and 11 of Schedule 1 do not apply in relation to appointments made before the commencement of this Act.

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

Schedule 2

91 Saving—appointments under the Naval Defence Act

Although item 67 repeals Part II of the Naval Defence Act 1910, that Part continues to apply, in relation to a person who held an appointment under subsection 8(1) of that Act immediately before that item commenced, as if the repeal had not happened.

92 Saving—enlistments under the Naval Defence Act

Although item 69 repeals sections 25 to 30A of the Naval Defence Act 1910, those sections continue to apply, in relation to a person who was enlisted under subsection 25(3) of that Act immediately before that item commenced, as if the repeal had not happened.

93 Most of the old provisions may be superseded by new regulations

(1) However, the repealed provisions mentioned in items 89, 90, 91 and 92 continue to apply under those items only to the extent that they are consistent with regulations made after the repeal for the purposes of section 124 of the Defence Act 1903.
(2) If such regulations are made, then:

(a)
to the extent of the inconsistency, those provisions permanently cease to apply from the time that the inconsistency arises; and
(b)
the regulations apply despite being inconsistent with those provisions.
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).

Defence Legislation Amendment (Application of Criminal Code) Act 2001 (No. 141, 2001)

4 Application of amendments
(1)
Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)
For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Schedule 1

109 Saving—regulations

Regulations that were in effect for the purposes of section 44E of the Naval Defence Act 1910 immediately before the commencement of this item continue to have effect after that time as if they had been made for the purposes of section 44E of that Act, as in force after that time.

Defence Legislation Amendment Act 2003 (No. 135, 2003)

Schedule 2

38 Transitional—Australian Navy Cadets

To avoid doubt:

(a)
appointments to the Naval Reserve Cadets in force under paragraph 38(2)(a) or (b) of the Naval Defence Act 1910 immediately before the commencement of item 33 of this Schedule continue to have effect after that commencement as if they were appointments to the Australian Navy Cadets; and
(b)
persons who are cadets in the Naval Reserve Cadets under section 38 of the Naval Defence Act 1910 immediately before the commencement of item 33 of this Schedule continue as cadets in the Australian Navy Cadets immediately after that commencement, subject to the limitations imposed by that section (as amended).