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Defence Act 1903

  • - C2004C03463
  • In force - Superseded Version
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Act No. 20 of 1903 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 25 Nov 2009
Start Date 31 Dec 1973
End Date 08 Feb 1976

DEFENCE ACT 1903
- Reprinted as at 19 December 1973 (HISTACT CHAP 2028 #DATE 19:12:1973)

DEFENCE ACT 1903-1973 - TABLE OF PROVISIONS

TABLE


DEFENCE ACT 1903-1973

TABLE OF PROVISIONS

PART I-INTRODUCTORY
Section
1. Short title
2. (Repealed)
3. Commencement of Act
4. Definitions
5. Application of Act
5A. Extension of Act to Territories
6. State Acts to cease to apply
7. Act does not appropriate money

PART II-ADMINISTRATION

8. Power to appoint Commands, Military Districts, &c.
8A. (Repealed)
9. Powers and duties of Inspector-General of Military Forces
9A. Salaries and allowances of certain officers of the Defence Force
10. Appointment and promotion of officers of the Military Forces
10A. Term of appointment
10B. Promotion for distinguished service
10C. Delegation of power to make appointments and promotions
11. Preference to be given to persons who have served in the ranks
11A. (Repealed)
12. Ex-member of Defence Force may bring suit for moneys due
13. Appointments do not create civil contract
14, 15. (Repealed)
16. Appointments held during pleasure
16A. Adjustment of ranks after war service
17. Resignation of officer
18. Appointment of warrant and non-commissioned officers
19. Seniority
20. (Repealed)
20A. Promotion of returned officers
21, 21A, 21B and 22. (Repealed)
23. Half-pay list
24. Unattached lists
25. Reserve of officers list
26. Retired list
27. Compulsory retirement
Discretion to extend
28. Council of Defence
Board of Administration for Military Forces
29. (Repealed)

PART III-THE DEFENCE FORCE

Division 1-Constitution of the Defence Force

30. Defence Force
31. Division of Military Forces
32. Permanent Military Forces
32A. Citizen Military Forces

Division 2-The Raising of the Defence Force and the
Enlistment and Discharge of Members thereof

33. Organization of Military Forces
34. Voluntary entry
35. Special force in time of war
35A. Native Forces
36. Period of enlistment
37. Oath on enlistment
38. (Repealed)
39. Discharge upon expiration of period of engagement
40. Discharge of members of Active Citizen Military Forces
40A. Enlistment of persons serving under articles of apprenticeship
40B. (Repealed)
41. Discharge of members of Permanent Military Force reserves at their
own request
42. Enlistment in Reserve Force
42A. Irregular appointments and enlistments
43. (Repealed)
44. Discharge or dismissal of soldiers
Division 3-The Service of the Forces

45. Service of the Permanent Military Forces
46. Calling out of the Regular Army Emergency Reserve for continuous
service
47. Calling out of the Regular Army Reserve for continuous service
48. Direction by prescribed authority
49. Application of certain regulations to the Reserves
50. Service of the Citizen Military Forces
50A. Calling out of the Citizen Forces in time of war or defence
emergency
50B. Service of the Citizen Forces after call out
50C. Territorial limits of service of Military Forces
50D. Citizen Military Forces to be returned to districts
51. Protection of States from domestic violence

Division 4-General Provisions

52, 53. (Repealed)
54. Military Forces serving outside Australia
54A. (Repealed)
55. Military Forces on war service subject to Army Act
56. (Repealed)
57. Provision for families of men killed, &c.
58. Responsibility of commanding officer

PART IV-LIABILITY TO SERVE IN THE DEFENCE FORCE IN TIME OF
WAR

59. Persons liable to serve in Defence Force in time of war
60. Proclamation calling upon persons to serve in time of war
61. Registration and allotment for service
61A. Persons exempt from service
61B. Entry into Defence Force for service
61C. Part not to apply to certain persons

PART V-CADETS

62. Cadets
62A. (Repealed)

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, &c., when required
66. Conveyance by railway and tramway
67. Registration and impressment of vehicles, &c.
68. Billeting and quartering
69. Authority to enter lands for training
70. Tolls
71. Stopping traffic
72. Regulations as to traffic

PART VII-OFFENCES

73. Falsifying pay rolls
Claiming or receiving pay improperly
Fraudulently obtaining or retaining pay
73A. Unlawfully giving or obtaining information as to defences
73B. Falsifying and forging parade states, orders, &c.
73C. Supplying inferior food, materials and equipment
73D. Possession of certain things an offence
73E. Application of sections 73C and 73D to bodies corporate
73F. Penalty
74. Refusing required information or giving false information
Refusing to make enrolment
75. Resisting draft, &c.
76. (Repealed)
77. Offences connected with desertion-Punishment
78. Absence for more than seven days deemed to be desertion
79. Unlawfully disposing of arms, &c.
80. Penalty for personating
80A. Falsely representing to be returned soldier, sailor or airman
80B. Making and disposal of service decorations
80C-80I. (Repealed)
81. Obstructing drill, &c.
82. Sketching, &c., of fortifications prohibited
Penalty for offending against provisions
Penalty in case of person found in or near forts with drawing
materials, &c.
Penalty in case of persons trespassing
83. Unauthorized use, possession or supply of uniforms and emblems
84. Penalty for bringing contempt on uniform
85. Penalty for contravening the Act in any way

PART VIII-COURTS-MARTIAL

86. Power to constitute courts-martial
87. Powers may be delegated
Delegation to be revocable
88. Laws applicable to courts-martial
89. Contempt of court
90. Court-martial not to punish civilians for contempt
91. Punishment for contempt of court
92. Contempt by members of Defence Force
93. Members of Permanent Forces to attend court-martial if ordered
94. Power to summon witnesses
95. Penalty for disobedience to summons
96. Counsel allowed
97. Powers of court-martial as to sentencing
98. Sentence of death in certain cases only-subject to approval of
Governor-General
99. Proceedings to be preserved
100. Proceedings of Court not void for form, no certiorari

PART IX-LEGAL PROCEDURE

101. Summary conviction
102. Members of Defence Force may be tried by civil court
103. Time for commencing prosecutions before courts-martial
104. (Repealed)
105. Trial for desertion at any time
106. Imprisonment may be awarded in lieu of penal servitude
107. Deduction of penalty from pay
108. Certain officers may punish
109. Time for commencement of prosecutions
110. On whose complaint prosecutions may be brought
110A. Company Roll Book
111. Subscription, arms, &c., vested in commanding officer
111A. Property of Rifle Club vested in Captain
112. Power to discharge or disrate members of Citizen Forces
113. Power to arrest and detain in military custody
114. Arrest of deserter and persons charged with offences
115. Warrants
116. Imprisonment for insubordination, &c.

PART X-MISCELLANEOUS

117. Right to volunteer for service beyond limits of the Commonwealth
117A. Civilians accompanying Forces subject to Act
118. Penalty against raising of Forces without authority
118A. Employer not to prevent employee from serving
119. Stoppage of pay in certain cases
120. Notice, &c., need not be in writing unless required herein
120A. Delegation not to lapse on Governor-General ceasing to hold office
121. Proof of warrant, &c.
122. Police to aid in arrest of deserters
123. (Repealed)
123A. Intoxicating liquor
123AA. Intoxicating liquor not to be supplied to cadets
123B. Religion
123BA. Affirmation in lieu of oath
123BB. Female members
123BC. Modifications of applied provisions
123C, 123D. (Repealed)
123E. Supply of uniforms
123F. Certain persons not permitted to serve

PART XI-REGULATIONS

124. Regulations
Part XII (sections 125-137) (Repealed)
Part XIII (sections 138-141) (Repealed)
Part XIV (sections 142-146) (Repealed)

PART XV-MILITARY COLLEGE

147. Military College
147A. Admission of students, &c.
147B, 148. (Repealed)
148A. Admission of certain persons to Military College
149, 150. (Repealed)
151. Pay and allowances
152. (Repealed)

SCHEDULES

FIRST SCHEDULE

State Acts ceasing to apply

SECOND SCHEDULE

Form of Oath or Affirmation on Enlistment

DEFENCE ACT 1903-1973 - SECT. 1.
Short title.

SECT

DEFENCE ACT 1903-1973
An Act to provide for the Naval and Military Defence and Protection of the Commonwealth and of the several States.

PART I-INTRODUCTORY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Defence Act 1903-1973.*
Section 2 repealed by No. 216, 1973, s. 3.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 3.
Commencement of Act.

SECT

3. This Act shall commence on a day to be fixed by proclamation.*

DEFENCE ACT 1903-1973 - SECT. 4.
Definitions.

SECT

Amended by No. 12, 1904, s. 2; No. 30, 1910, s. 4; No. 36, 1917, s. 2; No. 16, 1918, s. 2; No. 13, 1939, s. 3; No. 74, 1939, s. 3; No. 71, 1949, s. 3; No. 59, 1951, s. 3; No. 72, 1956, s. 3; No. 92, 1964, s. 4; No. 51, 1965, s. 4; and No. 216, 1973, s. 3.
4. In this Act, unless the contrary intention appears-

''Active Forces''-Includes all parts of the Defence Force other than the Reserve Forces.

''Active Service''-In relation to a person subject to military law, means the service rendered by that person-

(a) when he is attached to or forms part of a force which-

(i) is engaged in operations against an enemy;

(ii) is engaged in military operations in a country or place wholly or partly occupied by an enemy; or

(iii) is in military occupation of a foreign country; or

(b) during a period or in an area in respect of which the Governor-General, by notice in the Gazette, declares that the force to which he is attached or of which he forms part is, or persons serving during that period or in that area are, on active service.

''Air Force Act''-Means the Imperial Act called the Air Force Act as in force on the day on which the Air Force Act 1939 came into operation and as applied in relation to the Air Force and the members of that Force by section five of the Air Force Act 1923-1956, with such modifications, adaptations and exceptions as are prescribed under the last-mentioned Act.

''Aircraft''-Includes aeroplanes, seaplanes, balloons, kite balloons, airships and other machines for flying.

''Aircraft Material''-Includes any engines, fittings, guns, gear, instruments, ammunition, bombs or apparatus for use in connexion with aircraft, and any components or accessories of aircraft, and petrol and any other substance used for providing motive power for aircraft, and lubricating oil.

''Airman''-Means a member of the Air Force other than an officer.

''Army Act''-Means the Imperial Act called the Army Act as in force on the day on which the Defence Act 1956 came into operation.

''Australia''-Includes the Territories to which this Act extends.

''District Commandant''-Means the Commandant of a Military District and includes the officer commanding a Command.

''Inspector-General''-Means the Inspector-General of the Military Forces appointed under this Act.

''Member''-Includes any officer, sailor, soldier and airman.

''Military District''-Means a military district appointed under this Act.

''Naval, Military or Air Force Offence''-Means any offence against this Act, the Army Act, the Naval Discipline Act or the Air Force Act.

''Native Force''-Means a force consisting, or consisting mainly, of aboriginal inhabitants of a Territory.

''Non-commissioned Officer''-Means a soldier (other than a warrant officer) holding non-commissioned rank.

''Officer''-As regards the Military or Air Forces, means an officer commissioned or in pay as an officer of the Military or Air Forces and includes an officer appointed or promoted to war substantive, local, provisional, probational or temporary rank, and a person holding an honorary appointment as an officer, and as regards the Naval Forces, means any commissioned officer, and includes subordinate officers, but does not include petty officers.

''Sailor''-Means a member of the Naval Forces other than an officer.

''Service Decoration''-Means any order, medal, badge, clasp, bar or other insignia that was or may be conferred for valour, distinguished conduct or service, long service, good conduct, devotion to duty, efficiency, participation in a campaign or other warlike operation or for any other reason on a member of the Defence Force or of any armed force of any part of the Queen's dominions or of any Power allied or associated with the Commonwealth in any war or warlike operations in which the Commonwealth is or has been engaged, and includes the ribbon of any such order, medal, badge, clasp or other decoration and any colourable imitation, representation or miniature of any such order, medal, badge, clasp or other decoration.

''Soldier''-Means a member of the Military Forces other than an officer.

''Sub-district''-Means a portion of a Military District appointed a sub-district.

''The Citizen Forces''-Includes the Citizen Naval Forces, the Citizen Military Forces and the Citizen Air Force.

''The Commonwealth''-Includes the Territories to which this Act extends.

''The Naval Discipline Act'' has the same meaning as in the Naval Defence Act 1910-1964.

''The Reserve Forces''-Includes the Naval Emergency Reserve Forces, the Regular Army Emergency Reserve, the Regular Army Reserve, the Reserve Citizen Military Forces, the Air Force Emergency Force and the Air Force Reserve.

''This Act''-Includes all regulations made under this Act.

''Time of Defence Emergency''-Means the period between the publication of a proclamation declaring that a state of defence emergency exists in relation to Australia and the publication of a proclamation that that state of defence emergency no longer exists.

''Time of War''-Means any time during which a state of war actually exists, and includes the time between the issue of a proclamation of the existence of war or of danger thereof and the issue of a proclamation declaring that the war or danger thereof, declared in the prior proclamation, no longer exists.*

''War''-Means any invasion or apprehended invasion of, or attack or apprehended attack on, the Commonwealth or any Territory by an enemy or armed force.

''War Service''-Means active service, any naval, military or air-force service in time of war, and any naval, military or air-force between the issue of a proclamation declaring that by reason of the recent existence of a time of war it is necessary in the public interest that the Military Forces should be temporarily subject to the Army Act, and the issue of a proclamation declaring that such necessity no longer exists.

''War Substantive Rank''-Means rank conferred on a member of the Military Forces in time of war, to be held only during that time, and conferred instead of or in addition to, any other rank held by the member.

DEFENCE ACT 1903-1973 - SECT. 5.
Application of Act.

SECT

Substituted by No. 19, 1951, s. 4; amended by No. 92, 1964, s. 5; and No. 216, 1973, s. 3.
5.* This Act applies, subject to the Naval Defence Act 1910-1949 and the Air Force Act 1923-1950, to, and in relation to, all the Naval Forces, Military Forces and Air Force of the Commonwealth, and to all members of any of those Forces whether appointed or enlisted, or deemed to be enlisted, under this Act or under any other Act and whether serving within or beyond the territorial limits of Australia.

DEFENCE ACT 1903-1973 - SECT. 5A.
Extension of Act to Territories.

SECT

Sub-section (1) substituted by No. 216, 1973, s. 3.
5A. (1) Subject to sub-section (2), this Act extends to the external Territories as if each of those Territories were part of Australia.
Substituted by No. 59, 1951, s. 4; amended by No. 216, 1973, s. 3.

(2) Part IV of this Act does not extend to, or in relation to, the aboriginal inhabitants of a Territory administered under a Trusteeship Agreement.

DEFENCE ACT 1903-1973 - SECT. 6.
State Acts to cease to apply.

SECT

6. The State Acts and the Act of the Federal Council of Australasia specified in the First Schedule shall cease to apply to the Naval and Military Forces of the Commonwealth, or to any member thereof, but this section shall not affect-

(a) the previous operation of any of those Acts, or any thing duly done or suffered under any of them; or

(b) any right to appointment or employment in the Public Service of a State conferred by any of those Acts; or

(c) any penalty, forfeiture, or punishment, incurred in respect of any offence committed against any of those Acts; or

(d) any investigation, legal proceeding, or remedy in respect of any such penalty, forfeiture, or punishment;
and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment, may be imposed, as if this section had not been passed.

DEFENCE ACT 1903-1973 - SECT. 7.
Act does not appropriate money.

SECT

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

DEFENCE ACT 1903-1973 - SECT. 8.
Power to appoint Commands, Military Districts, &c.

SECT

PART II-ADMINISTRATION
Substituted by No. 13, 1939, s. 5; amended by No. 92, 1964, s. 6.
8. The Governor-General may-

(a) appoint a Military Officer to be Inspector-General of the Military Forces; and

* * * * * * * *

(f) appoint an officer of the Defence Force to command the whole or any portion of the Defence Force.
Section 8A repealed by No. 92, 1964, s. 7.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 9.
Powers and duties of Inspector-General of Military Forces.

SECT

Substituted by No. 12, 1904, s. 4; amended by No. 30, 1910, s. 4.
9. The Inspector-General shall have such seniority and powers and perform such duties as are prescribed or as the Governor-General directs, and if there is no Inspector-General, or if he is absent from the Commonwealth, or unable to exercise his powers or perform his duties those powers or duties may be exercised or performed by any person directed by the Governor-General to exercise or perform them.

DEFENCE ACT 1903-1973 - SECT. 9A.
Salaries and allowances of certain officers of the Defence Force.

SECT

Inserted by No. 33, 1970, s. 3.
9A. (1) An officer of the Defence Force who has been appointed as-

(a) Chairman, Chiefs of Staff Committee;

(b) Chief of Naval Staff in the Naval Forces of the Commonwealth;

(c) Chief of the General Staff in the Military Forces of the Commonwealth; or

(d) Chief of the Air Staff in the Air Force of the Commonwealth,
shall, while he holds that appointment, be paid such pay and annual allowance as the Parliament provides.

(2) The last preceding sub-section shall not be taken to limit any power conferred by this Act or any other Act to make provision, by regulation, for the payment of allowances to an officer of the Defence Force holding an appointment referred to in the last preceding sub- section in respect of expenses of travelling or other expenses incurred by him in relation to his duties.

DEFENCE ACT 1903-1973 - SECT. 10.
Appointment and promotion of officers of the Military Forces.

SECT

Substituted by No. 92, 1964, s. 8.
10. (1) The Governor-General may, in accordance with such conditions and subject to such qualifications or requirements as are prescribed or provided for by the regulations-

(a) appoint persons to be officers of the Military Forces; and

(b) promote officers of the Military Forces,
and may issue commissions to persons so appointed.

(2) The conditions, qualifications and requirements referred to in the last preceding sub-section may be prescribed or provided for by the regulations with respect to-

(a) appointments and promotions generally;

(b) appointments or promotions-

(i) to specified ranks;

(ii) in specified parts of the Military Forces; or

(iii) of a specified kind; and

(c) persons or officers included within a specified class of persons or officers.

(3) The regulations may provide that a prescribed condition, qualification or requirement does not apply, or may be dispensed with, in such cases or circumstances as are prescribed or otherwise provided for by the regulations.

DEFENCE ACT 1903-1973 - SECT. 10A.
Term of appointment.

SECT

Substituted by No. 51, 1965, s. 5.
10A. (1) In appointing a person to be an officer of the Military Forces, the Governor-General (or his delegate under section ten C of this Act) shall specify the part of the Military Forces to which the appointment is made and-

(a) may express the appointment to be for a specified period of service in that part of the Military Forces; or

(b) may express the appointment to be for a specified period of service in one part of the Military Forces, to be followed by a specified period of service in another part of the Military Forces.

(2) Upon completion by an officer of the period of service for which he was appointed, or for which the term of his appointment is, under this section, to be deemed to have been extended, the appointment of the officer shall be terminated with all convenient speed, but until the appointment is so terminated he remains an officer of the part of the Military Forces in which he is serving.

(3) If the period of service in a part of the Military Forces for which an officer was appointed, or for which the term of his appointment is, under this section, to be deemed to have been extended, expires during a time of war, the term of his appointment as an officer of that part of the Military Forces shall be deemed to be extended until the end of the time of war.

(4) If the period of service in the Australian Regular Army or in the Regular Army Supplement for which an officer was appointed, or for which the term of his appointment is, under this section, to be deemed to have been extended, expires during a time of defence emergency or a time for which any part of the Regular Army Emergency Reserve is called out for continuous service, the term of his appointment as an officer of the Australian Regular Army or of the Regular Army Supplement, as the case may be, shall be deemed to be extended until the end of that time.

(5) If the period of Service in the Regular Army Emergency Reserve, in the Regular Army Reserve or in the Citizen Military Forces for which an officer was appointed, or for which the term of his appointment is, under this section, to be deemed to have been extended, expires during a time of defence emergency or a time for which the part of the force to which he belongs is called out for continuous service, the term of his appointment as an officer of the part of the Military Forces in which he is serving shall be deemed to be extended until the end of that time.

(6) The last two preceding sub-sections do not apply to or in relation to an officer who, but for his appointment as an officer, would have been liable to render a period of service under the National Service Act 1951-1965, but, if the period of service in the Regular Army Supplement of such an officer expires during a time of defence emergency, the term of his appointment as an officer of that force shall be deemed to be extended until the end of the time of defence emergency or until the expiration of five years after the date on which he presented himself, or but for his appointment as an officer would have been required to present himself, for service under that Act, whichever is the shorter period.

(7) The preceding provisions of this section do not affect any power expressly or impliedly conferred by any other provision of this Act to transfer an officer from one part of the Military Forces to another part of the Military Forces or to terminate the appointment of an officer before the expiration of the term of his appointment.

DEFENCE ACT 1903-1973 - SECT. 10B.
Promotion for distinguished service.

SECT

Inserted by No. 92, 1964, s. 8.
10B. The Governor-General may appoint a soldier to be an officer, or promote an officer to higher rank, for distinguished service in time of war or for marked ability or gallantry on active service notwithstanding that the member has not complied with a condition, qualification or requirement in relation to appointment or promotion to the rank concerned for which provision is made by or under this Act.

DEFENCE ACT 1903-1973 - SECT. 10C.
Delegation of power to make appointments and promotions.

SECT

Inserted by No. 92, 1964, s. 8.
10C. (1) The Governor-General may delegate to the Military Board or to an officer of the Military Forces any of the powers to appoint and promote officers of the Military Forces conferred upon him by sections ten and ten B of this Act.

(2) A delegation under this section may be made applicable to appointments or promotions of officers to specified ranks or to ranks of a specified kind and either in the Military Forces generally or in a specified part of the Military Forces.

(3) A delegation to an officer under this section may be made to a named officer, to the holder of a specified office or appointment or to an officer for the time being performing the duties of a specified office or appointment.

(4) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Governor-General.

(5) The Governor-General may, within three months after the making of an appointment or promotion by a delegate under this section, cancel the appointment or promotion.

(6) Whenever the Governor-General cancels an appointment or promotion, the officer whose appointment or promotion has been cancelled ceases, on the day on which he receives notice of the cancellation, to hold the rank or office to which he was appointed or promoted by the delegate.

DEFENCE ACT 1903-1973 - SECT. 11.
Preference to be given to persons who have served in the ranks.

SECT

11. In the first appointment of officers preference shall be given, in the case of equality of qualifications, to persons who have served in the Defence Force for three years without a commission.
Section 11A repealed by No. 92, 1964, s. 9.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 12.
Ex-member of Defence Force may bring suit for moneys due.

SECT

12. Any person who has been a member of the Defence Force may after having ceased to be a member recover from the Commonwealth by suit in any Court of competent jurisdiction any moneys which under his engagement or by any agreement with the Commonwealth are due to him.

DEFENCE ACT 1903-1973 - SECT. 13.
Appointments do not create civil contract.

SECT

13. No appointment or promotion of an officer under this Act shall create a civil contract between the King or the Commonwealth and the person appointed or promoted.
Sections 14 and 15 repealed by No. 92, 1964, s. 10.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 16.
Appointments held during pleasure.

SECT

16. Officers shall hold their appointments during the pleasure of the Governor-General, but the commission of an officer shall not be cancelled without the holder thereof being notified in writing of any complaint or charge made and of any action proposed to be taken against him, nor without his being called upon to show cause in relation thereto. Provided that no such notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or upwards.

DEFENCE ACT 1903-1973 - SECT. 16A.
Adjustment of ranks after war service.

SECT

Substituted by No. 71, 1949, s.4.
16A. (1) A member of the Military Forces who has been appointed or promoted to war substantive rank shall, on ceasing to be engaged on war service, revert to his true rank.

(2) Where a member of the Military Forces has been appointed or promoted to war substantive rank, and has ceased to be engaged on war service, the Governor-General may confer on that member such rank and seniority in the Military Forces as the Military Board recommends.

DEFENCE ACT 1903-1973 - SECT. 17.
Resignation of officer.

SECT

Substituted by No. 92, 1964, s. 11.
17. (1) An officer of the Military Forces may, by writing under his hand addressed to the Military Board, tender the resignation of his military office, but a resignation shall not be accepted, and is not effective, except as provided by this section.
Amended by No. 51, 1965, s. 6.

(2) The Military Board may, without reference to the Governor-General, reject the resignation of an officer if-

(a) it is tendered in time of war or in time of defence emergency;

(b) acceptance of the resignation would, in the opinion of the Board, seriously prejudice the ability of the Military Forces to carry out military operations that they are carrying out or may be required to carry out;

(c) in the case of an officer-

(i) who is engaged in, or has completed, a course of special training, a period of employment on special duties or a period of service outside Australia; or

(ii) who was appointed outside Australia and whose transport, or whose family's transport, was at the expense of the Commonwealth,

the officer has not completed a period of service that, under a determination of the Military Board, and in the circumstances, the officer is required to complete; or

(d) the officer would, but for his appointment as an officer, have been liable to render a period of service under the National Service Act 1951-1965.

(3) The Military Board shall forward to the Minister, for submission to the Governor-General, any resignation that has been tendered and has not been rejected in pursuance of the last preceding sub-section.

(4) Where the Minister considers that the resignation of the officer should not be accepted unless and until the officer has complied with a condition, the officer's resignation shall not be submitted to the Governor-General for acceptance until the officer has complied with that condition.

(5) The Governor-General may accept, or refuse to accept, the resignation of an officer, and whenever he accepts the resignation of an officer, shall specify in the instrument of acceptance the date upon which the resignation becomes effective.

DEFENCE ACT 1903-1973 - SECT. 18.
Appointment of warrant and non-commissioned officers

SECT

Substituted by No. 12, 1904, s. 5; amended by No. 30, 1910, s. 4.
18. Warrant officers and non-commissioned officers shall be appointed and shall hold their offices as prescribed.

DEFENCE ACT 1903-1973 - SECT. 19.
Seniority.

SECT

Substituted by No. 12, 1904, s. 6; and No. 92, 1964, s. 12.
19. The seniority of officers of the Military Forces and soldiers in their respective ranks and in relation to other members shall be as prescribed by, or determined in accordance with, the regulations or, in any case for which provision is not made by the regulations, as determined by the Military Board.
Section 20 repealed by No. 92, 1964, s. 12.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 20A.
Promotion of returned officers.

SECT

Inserted by No. 47, 1918, s. 3.
20A. Notwithstanding anything contained in this Act, an officer who is eligible for promotion to a higher rank, and who has served on active service abroad, shall, other things being equal, be granted preference in promotion to an officer of the same rank who is eligible for promotion to that higher rank, and who has not served on active service abroad.
Sections 21, 21A, 21B and 22 repealed by No. 92, 1964, s. 13.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 23.
Half-pay list.

SECT

Amended by No. 30, 1910, s. 4.
23. The Governor-General may place officers of the Permanent Military Forces on a half-pay list, and such officers may be re-employed with any corps or on the staff, and their seniority shall be as prescribed. No officer shall remain on the half-pay list for a longer period than one year, and if not then re-employed he shall be placed on the unattached list.

DEFENCE ACT 1903-1973 - SECT. 24.
Unattached lists.

SECT

Amended by No. 92, 1964, s. 14.
24. The Governor-General may place officers of the Defence Force upon an unattached list, and may appoint fit and proper persons to be officers on that list, and such officers may be employed for duty with any corps or on the staff.

DEFENCE ACT 1903-1973 - SECT. 25.
Reserve of officers list.

SECT

25. The Governor-General may form a reserve of officers and a list of such officers shall be kept, called the reserve of officers list, and all officers whose names are on the list shall be liable to service as prescribed.

DEFENCE ACT 1903-1973 - SECT. 26.
Retired list.

SECT

26. The Governor-General may place officers of the Defence Force on retired lists.

DEFENCE ACT 1903-1973 - SECT. 27.
Compulsory retirement.

SECT

Discretion to extend.
27. The ages for the compulsory retirement of officers and members of the Defence Force shall be as prescribed, but in special cases the Governor-General may extend the prescribed age of retirement for a period not exceeding two years.

DEFENCE ACT 1903-1973 - SECT. 28.
Council of Defence.

SECT

Substituted by No. 12, 1904, s. 7.
28. (1) The Governor-General may constitute a Council of Defence, which shall have such powers and functions as are prescribed.
Board of Administration for Military Forces.
Amended by No. 30, 1910, s. 4.

(2) The Governor-General may constitute a Board of Administration for the Military Forces, to be called the Military Board.
Amended by No. 30, 1910, s. 4.

(3) The Military Board shall have such powers and functions as are prescribed.
Section 29 repealed by No. 37, 1910, s. 5.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 30.
Defence Force.

SECT

PART III-THE DEFENCE FORCE

Division 1-Constitution of the Defence Force
Substituted by No. 92, 1964, s. 15.
30. The Defence Force consists of three arms, namely, the Naval Forces of the Commonwealth, the Military Forces of the Commonwealth and the Air Force of the Commonwealth.

DEFENCE ACT 1903-1973 - SECT. 31.
Division of Military Forces.

SECT

Substituted by No, 92, 1964, s. 15.
31. The Military Forces of the Commonwealth consist of two parts, namely, the Permanent Military Forces and the Citizen Military Forces.

DEFENCE ACT 1903-1973 - SECT. 32.
Permanent Military Forces.

SECT

Repealed by No. 30, 1910, s. 4; inserted by No. 92, 1964, s. 15.
32. (1) The Permanent Military Forces consist of four forces, namely, the Australian Regular Army, the Regular Army Supplement, the Regular Army Emergency Reserve and the Regular Army Reserve.

(2) The Australian Regular Army consists of officers appointed to, and of soldiers enlisted in, that force.
Substituted by No. 51, 1965, s. 7.

(3) The Regular Army Supplement consists of-

(a) officers appointed to, and soldiers enlisted in, that force;

(b) soldiers who, under the National Service Act 1951-1965, are to be deemed to have been enlisted in that force; and

(c) officers transferred to that force from any other part of the Permanent Military Forces or from the Citizen Military Forces.

(4) The Regular Army Emergency Reserve consists of soldiers enlisted in that force and of such officers as are appointed to that force or transferred to that force from any other part of the Permanent Military Forces or from the Citizen Military Forces.
Substituted by No. 51, 1965, s. 7.

(5) The Regular Army Reserve consists of-

(a) soldiers enlisted in that force;

(b) soldiers who, under the National Service Act 1951-1965, are to be deemed to have been enlisted in that force; and

(c) such officers as are appointed to that force or transferred to that force from any other part of the Permanent Military Forces.

DEFENCE ACT 1903-1973 - SECT. 32A.
Citizen Military Forces.

SECT

Substituted by No. 51, 1965, s. 8.
32A. (1) The Citizen Military Forces consist of two forces, namely, the Active Citizen Military Forces and the Reserve Citizen Military Forces.

(2) The Active Citizen Military Forces consist of officers appointed to, and of soldiers enlisted in that force, of officers transferred to that force from any part of the Permanent Military Forces or from the Reserve Citizen Military Forces, and of officers of the Military Forces who have been placed upon an unattached list.

(3) The Reserve Citizen Military Forces consist of officers appointed or transferred to that force from any part of the Permanent Military Forces or from the Active Citizen Military Forces.

DEFENCE ACT 1903-1973 - SECT. 33.
Division 2-The Raising of the Defence Force and the Enlistment and
Discharge of Members thereof

SECT

Organization of Military Forces.
Substituted by No. 92, 1964, s. 16.
33. The Military Forces shall be organized as prescribed or, where there is no provision or insufficient provision made by this Act or the regulations with respect to any matter relating to the organization of those Forces, as determined by the Military Board.

DEFENCE ACT 1903-1973 - SECT. 34.
Voluntary entry.

SECT

Repealed by No. 45, 1934, s. 2; inserted by No. 92, 1964, s. 16.
34. Except as provided by Part IV of this Act or by any other Act,* the Military Forces shall be kept up by the appointment to those Forces, or the enlistment in those Forces, of persons who volunteer and are accepted for service in those Forces.

DEFENCE ACT 1903-1973 - SECT. 35.
Special force in time of war.

SECT

Substituted by No. 92, 1964, s. 16.
35. In time of war, the Governor-General may authorize the raising of a military force for service in that time of war or for a specified period, and a force so raised is part of the Permanent Military Forces.

DEFENCE ACT 1903-1973 - SECT. 35A.
Native Forces.

SECT

Inserted by No. 59, 1951, s. 8. Sub-section (1) amended by No. 216, 1973, s. 3.

35A. (1) A native force raised in a Territory administered by the Commonwealth under a Trusteeship Agreement shall not be required to render service other than such service as is permitted under Article eighty-four of the Charter of the United Nations.

(2) The regulations may make provision for, and in relation to, the control, regulation and discipline of a native force, and may provide that the provisions of this Act shall apply to, and in relation to, the native force subject to such modifications, adaptations and exceptions as are prescribed.

DEFENCE ACT 1903-1973 - SECT. 36.
Period of enlistment.

SECT

Amended by No. 15, 1909, s. 7; No. 30, 1910, s. 4; No. 36, 1917, s. 7; No. 72, 1956, s. 4; and No. 92, 1964, s. 17.
36. A person who volunteers to serve as a soldier in the Military Forces shall, if accepted, be enlisted as a soldier in a specified part of those Forces and, upon enlistment, shall be engaged to serve for a prescribed period:

Provided that the regulations may prescribe that any member of the Military Forces may, at his option, on or before the expiration of his original enlistment or subsequent re-engagement, re-engage to serve for a further period without any fresh oath of enlistment, subject nevertheless to the veto of the Minister or other authority mentioned in the regulations and to such other conditions as are specified in the regulations, and such member who so re-engages shall sign before his commanding officer an agreement to re-engage in accordance with the said regulations to be endorsed upon or attached to the original oath of enlistment, and such member shall, during the period of such re-engagement, continue to be bound by his original oath of enlistment.

DEFENCE ACT 1903-1973 - SECT. 37.
Oath on enlistment.

SECT

Substituted by No. 92, 1964, s. 18.
37. (1) A person offering to be enlisted in any part of the Military Forces shall, if accepted, take and subscribe, before an officer or a Justice of the Peace, an oath in accordance with the appropriate form set out in the Second Schedule to this Act.

(2) The taking and subscribing of that oath by a person shall be regarded as the enlistment of that person in the Military Forces and binds him to serve in the Military Forces in accordance with the tenor of his oath until his service is lawfully terminated.
Section 38 repealed by No. 92, 1964, s. 18.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 39.
Discharge upon expiration of period of engagement.

SECT

Substituted by No. 51, 1965, s. 9.
39. (1) A soldier is entitled to be discharged-

(a) if he was voluntarily enlisted-upon the expiration of the period for which, on his original enlistment or subsequent re- engagement, he was engaged to serve;

(b) if he is rendering service in accordance with the National Service Act 1951-1965-upon the expiration of the period for which, under that Act, he is to be deemed to have been engaged or re-engaged to render service under that Act; and

(c) if he is rendering service under Part IV of this Act-upon the end of the time of war.

(2) If the period for which a voluntarily enlisted soldier is engaged to serve, or under this section is to be deemed to have been re-engaged to serve, expires during a time of war or a time of defence emergency, he shall, upon his completion of that engagement, be deemed to have been re-engaged to serve for the duration of that time.

(3) If the period for which a soldier of the Australian Regular Army or a voluntarily enlisted soldier of the Regular Army Supplement is engaged to serve, or under this section is to be deemed to have been re-engaged to serve, expires during a period for which any part of the Regular Army Emergency Reserve is called out for continuous service, he shall, upon his completion of that engagement, be deemed to have been re-engaged to serve for the duration of that last-mentioned period.

(4) If the period for which a soldier of the Regular Army Emergency Reserve or a voluntarily enlisted soldier of the Regular Army Reserve is engaged to serve, or under this section is to be deemed to have been re-engaged to serve, expires during a period for which the part of the force to which he belongs is called out for continuous service, he shall, upon his completion of that engagement, be deemed to have been re-engaged to serve for the duration of that last-mentioned period.

(5) When a soldier becomes entitled to be discharged, he shall be discharged with all convenient speed, but until he is discharged he remains a soldier of the part of the Military Forces in which he is serving.

(6) The preceding provisions of this section do not affect any power expressly or impliedly conferred by any other provision of this Act to discharge a soldier before the expiration of the period for which he is engaged to serve.

DEFENCE ACT 1903-1973 - SECT. 40.
Discharge of members of Active Citizen Military Forces.

SECT

Substituted by No. 92, 1964, s. 20.


40. (1) Except in time of war or in time of defence emergency, a voluntarily enlisted soldier of the Active Citizen Military Forces may claim his discharge before the expiration of the period of service for which he is engaged, if he has given not less than three months' notice in writing to his commanding officer of his intention to claim his discharge.

(2) Whenever a voluntarily enlisted soldier of the Active Citizen Military Forces claims his discharge as provided by the last preceding sub-section, he shall, with all convenient speed, be discharged, but until he is discharged he remains a soldier of those Forces.

DEFENCE ACT 1903-1973 - SECT. 40A.
Enlistment of persons serving under articles of apprenticeship.

SECT

Inserted by No. 47, 1918, s. 4; amended by No. 11, 1945, s. 35.
40A. In time of war any person who is employed under articles of apprenticeship may, notwithstanding any provision of or obligation under the articles, enlist in the Military Forces.
Section 40B repealed by No. 11, 1945, s. 35.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 41.
Discharge of members of Permanent Military Force reserves at their own
request.

SECT


Substituted by No. 92, 1964, s. 21.
41. (1) Except-

(a) in time of war or in time of defence emergency;

(b) during a period for which the part of the force to which he belongs is called out for continuous service; or

(c) in the case of a member of the Regular Army Emergency Reserve-during any period for which he has volunteered to render continuous full time military service,
a soldier of the Regular Army Emergency Reserve or of the Regular Army Reserve may claim his discharge before the expiration of the period of service for which he is engaged, if he has given not less than three months' notice in writing to his commanding officer of his intention to claim his discharge.

(2) Whenever a soldier of the Regular Army Emergency Reserve or of the Regular Army Reserve claims his discharge as provided by the last preceding sub-section, he shall be discharged with all convenient speed, but until he is discharged he remains a soldier of the Regular Army Emergency Reserve or of the Regular Army Reserve, as the case may be.
Added by No. 51, 1965, s. 10.

(3) The preceding provisions of this section do not apply to or in relation to a soldier of the Regular Army Emergency Reserve or of the Regular Army Reserve who is rendering service, or is liable to render service, in either of those forces by virtue of the National Service Act 1951-1965.

DEFENCE ACT 1903-1973 - SECT. 42.
Enlistment in Reserve Force.

SECT

Substituted by No. 92, 1964, s. 21.
42. A person who is discharged from the Active Military Forces may be enlisted as a soldier in the Regular Army Emergency Reserve or the Regular Army Reserve upon taking and subscribing, before an officer or a Justice of the Peace, an oath in accordance with the appropriate form set out in the Second Schedule to this Act.

DEFENCE ACT 1903-1973 - SECT. 42A.
Irregular appointments and enlistments.

SECT

Inserted by No. 36, 1917, s. 8.
Sub-section (1) amended by No. 51, 1965, s. 11.
42A. (1) Every person serving, or in pay, as an officer or soldier in the Military Forces, although not duly appointed or enlisted, shall, while so serving or in pay, be deemed for all purposes of this Act to be an officer or soldier in the part of those Forces in which he is serving and of the rank or grade in which he is serving or of the pay of which he is in receipt:

Provided that a person so serving or in pay as an officer, warrant officer, or non-commissioned officer may at any time be ordered to revert to his true rank or grade (if any).

(2) Except in time of war, a person serving or in pay as a soldier within the Commonwealth, but not duly appointed or enlisted, may claim to be discharged, and the claim shall with all reasonable speed be allowed:

Provided that until the claim is allowed he shall for all purposes of this Act be deemed to be a soldier in the Military Forces.
Section 43 repealed by No. 51, 1965, s. 12.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 44.
Discharge or dismissal of soldiers.

SECT

Substituted by No. 51, 1965, s. 13.
44. A soldier may at any time be discharged by such authority and for such reasons as are prescribed, notwithstanding-

(a) that he has not completed the period of service for which he is, or is to be deemed to have been, engaged or re-engaged to serve; or

(b) that he has not attained the age prescribed for his compulsory retirement.

DEFENCE ACT 1903-1973 - SECT. 45.
Service of the Permanent Military Forces.

SECT

Division 3-The Service of the Forces
Substituted by No. 92, 1964, s. 23.
Sub-section (1) substituted by No. 51, 1965, s. 14.
45. (1) Members of the Australian Regular Army and of the Regular Army Supplement are bound to render continuous full time military service for the respective terms for which-

(a) in the case of officers-they hold their appointments in that force; or

(b) in the case of soldiers-they are, or are to be deemed to have been, engaged or re-engaged to serve in that force,
unless their services are sooner lawfully terminated.
Sub-section (2) omitted by No. 51, 1965, s. 14.
* * * * * * * *

(3) Except as provided by the next succeeding sub-section and the next two succeeding sections, members of the Regular Army Emergency Reserve and of the Regular Army Reserve are not bound to serve continuously, but are bound to render military service for such periods as are fixed by or in accordance with the regulations.

(4) A member of the Regular Army Emergency Reserve may, at any time, voluntarily undertake to render continuous full time military 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 prescribed authority directs.

DEFENCE ACT 1903-1973 - SECT. 46.
Calling out of the Regular Army Emergency Reserve for continuous service.

SECT

Substituted by No. 92, 1964, s. 23.
46. (1) Where the Governor-General considers it desirable to do so, he may, by notice in the Gazette, call out the Regular Army Emergency Reserve, or any specified part of that force, for continuous service.

(2) Subject to the succeeding provisions of this section, while the Regular Army Emergency Reserve, or a part of that force, is called out for continuous service in pursuance of the last preceding sub-section, a member of that force, or of that part of that force, as the case may be, is bound to render continuous full time military service for such period or periods as the prescribed authority directs.

(3) Where a member of the Regular Army Emergency Reserve has completed a period of twelve consecutive months' full time military service, he shall be released from employment on that form of service with all convenient speed but, until he is so released, he remains bound, notwithstanding anything in the last preceding sub-section, to render that form of service.

(4) Where a member of the Regular Army Emergency Reserve has, whether in accordance with the last preceding sub-section or otherwise, been released from employment on continuous full time military service upon completion of a period of that form of service, then, except in time of war or in time of defence emergency, he is not liable to be again employed on continuous full time military service until the expiration of a period equal to the first-mentioned period.
Inserted by No. 51, 1965. s. 15.

(4A) The last two preceding sub-sections do not apply to or in relation to continuous full time military service voluntarily rendered by a member of the Regular Army Emergency Reserve as provided by sub-section (4) of the last preceding section.

(5) In time of war or in time of defence emergency, members of the Regular Army Emergency Reserve are bound to render continuous full time military service for such period or periods during that time as the prescribed authority directs.

DEFENCE ACT 1903-1973 - SECT. 47.
Calling out of the Regular Army Reserve for continuous service.

SECT

Substituted by No. 92, 1964, s. 23.
47. (1) In time of war or in time of defence emergency, the Minister may, by notice in the Gazette, call out the Regular Army Reserve, or any specified part of that force, for continuous service.

(2) Whenever the Regular Army Reserve, or a part of that force, is called out for continuous service in pursuance of the last preceding sub-section, a member of that force or part of that force, as the case may be, so called out is bound to render continuous full time military service for such period or periods during the time of war or the time of defence emergency as the prescribed authority directs.

DEFENCE ACT 1903-1973 - SECT. 48.
Direction by prescribed authority.

SECT

Repealed by No. 30, 1910, s. 4; inserted by No. 92, 1964, s. 23.
48. A direction by the prescribed authority under either of the last two preceding sections may be given with respect to different parts, or members within specified classes of members, of the Regular Army Emergency Reserve or of the Regular Army Reserve, as the case requires.

DEFENCE ACT 1903-1973 - SECT. 49.
Application of certain regulations to the Reserves.

SECT

Substituted by No. 92, 1964, s. 23.
49. Regulations made under this Act relating to the discipline and good government of members of the Military Forces, subject to such modifications and adaptations as are provided by the regulations, apply to and in relation to members of the Regular Army Emergency Reserve and members of the Regular Army Reserve, with such exceptions and subject to such modifications and adaptations as are provided by the regulations, with respect to any period for which they are required to render continuous full time military service, as if they were members of the Regular Army Supplement.

DEFENCE ACT 1903-1973 - SECT. 50.
Service of the Citizen Military Forces.

SECT

Substituted by No. 92, 1964, s. 23.
50. (1) Subject to this section and the next two succeeding sections, members of the Citizen Military Forces are not bound to serve continuously but are bound to render military service for such periods as are fixed by or in accordance with the regulations.

(2) The regulations may make provision for different periods of military training with respect to different parts, or members within specified classes of members, of those Forces.

(3) A member of the Citizen Military Forces may, at any time, voluntarily undertake to render continuous full time military 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 prescribed authority directs.

DEFENCE ACT 1903-1973 - SECT. 50A.
Calling out of the Citizen Forces in time of war or defence emergency.

SECT

Inserted by No. 92, 1964, s. 23.
50A. (1) In time of war or in time of defence emergency, the Governor-General may, by proclamation, call out the Citizen Forces, or any part of those Forces, for continuous full time service.

(2) The proclamation shall state the reason for the making of the proclamation.

(3) If the Parliament is in session at the date of publication of the proclamation, the Governor-General shall forthwith communicate to each House of the Parliament the reason for calling out those Forces or part of those Forces.

(4) If the Parliament is not in session at the date of the publication of the proclamation, it shall be summoned to meet within ten days after that date.

DEFENCE ACT 1903-1973 - SECT. 50B.
Service of the Citizen Forces after call out.

SECT

Inserted by No. 92, 1964, s. 23.
50B. Whenever the Citizen Forces are, or part of the Citizen Forces is, called out for continuous full time service under the last preceding section, a member of those Forces or part of those Forces so called out is bound to render continuous full time naval, military or air-force service, as the case may be, for such period or periods as the prescribed authority directs, until the publication of a proclamation notifying that the employment of those Forces on that service, or, with respect to members of a part of those Forces, the employment of that part of the Forces on that service, is no longer required.

DEFENCE ACT 1903-1973 - SECT. 50C.
Territorial limits of service of Military Forces.

SECT

Substituted by No. 51, 1965, s. 16.
50C. Members of the Military Forces may be required to serve either within or beyond the territorial limits of Australia.

DEFENCE ACT 1903-1973 - SECT. 50D.
Citizen Military Forces to be returned to districts.

SECT

Inserted by No. 92, 1964, s. 23.
50D. Where any part of the Citizen Military Forces is employed on continuous full time military service, it shall, forthwith, after it ceases to be so employed, be returned to the locality of the Command or Military District to which it belongs.

DEFENCE ACT 1903-1973 - SECT. 51.
Protection of States from domestic violence.

SECT

See section 119 of the Constitution.
Amended by No. 36, 1914, s. 8; No. 59, 1951, s. 10; and No. 92, 1964, s. 24.
51. Where the Governor of a State has proclaimed that domestic violence exists therein, the Governor-General, upon the application of the Executive Government of the State, may, by proclamation, declare that domestic violence exists in that State, and may call out the Permanent Forces (other than Reserve Forces) and in the event of their numbers being insufficient may also call out such of the Reserve Forces and the Citizen Forces as may be necessary for the protection of that State, and the services of the Forces so called out may be utilized accordingly for the protection of that State against domestic violence:

Provided always that the Reserve Forces or the Citizen Forces shall not be called out or utilized in connexion with an industrial dispute.

DEFENCE ACT 1903-1973 - SECT. 54.
Military Forces serving outside Australia.

SECT

Division 4-General Provisions
Sections 52 and 53 repealed by No. 92, 1964, s. 25.
* * * * * * * *
Repealed by No. 30, 1910, s. 4; inserted by No. 92, 1964, s. 26.
54. Members of the Military Forces, whether on war service or not, while-

(a) serving beyond the territorial limits of Australia;

(b) on their way from Australia for the purpose of so serving; or

(c) on their way to Australia after so serving or after war service,
shall be deemed to be on war service and are subject to the Army Act with such modifications and adaptations as are prescribed.
Section 54A repealed by No. 92, 1964, s. 26.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 55.
Military Forces on war service subject to Army Act.

SECT

Substituted by No. 36, 1917, s. 15; amended by No. 93, 1966, s. 3.
55. The Military Forces shall at all times, whilst on war service, whether within or without the limits of the Commonwealth, be subject to the Army Act save so far as it is inconsistent with this Act and subject to such modifications and adaptations as are prescribed, including the imposition of a fine not exceeding Forty dollars for an offence either in addition to or in substitution for the punishment provided by the Army Act, and the increase or reduction of the amount of a fine provided by the Army Act:

Provided that the regulations shall not increase the fine for any offence so that it exceeds Forty dollars.
Section 56 repealed by No. 30, 1910, s. 4.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 57.
Provision for families of men killed, &c.

SECT

Amended by No. 30, 1910, s. 4; and No. 36, 1917, s. 16.
57. When any member of the Military Forces is killed on war service or on duty, or dies, or becomes incapacitated from earning his living from wounds or disease contracted on war service or on duty provision shall be made for his widow and family or for himself, as the case may be, out of the Consolidated Revenue Fund at the prescribed rates.*

DEFENCE ACT 1903-1973 - SECT. 58.
Responsibility of commanding officer.

SECT

Amended by No. 74, 1939, s. 3; and No. 216, 1973, s. 3.
58. The commanding officer of every corps, ship's company or air-force unit or station shall be responsible for the safe keeping and good order of all articles, the property of the Commonwealth, supplied to his corps, ship's company or air-force unit or station, and the value of any of those articles may, if lost or damaged while in possession of the corps, ship's company or air-force unit or station otherwise than through fair wear and tear or unavoidable accident, be recovered by the commanding officer by action in any Federal or State Court of competent jurisdiction from the member by whom the loss or damage was occasioned.

DEFENCE ACT 1903-1973 - SECT. 59.
Part IV substituted by No. 51, 1965, s. 17.

SECT

PART IV-LIABILITY TO SERVE IN THE DEFENCE FORCE IN TIME OF WAR
Persons liable to serve in Defence Force in time of war.
Substituted by No. 51, 1965, s. 17.
59. All male persons (except those who are exempt from service under this Part or to whom this Part does not apply) who-

(a) have resided in Australia for not less than six months;

(b) are British subjects; and

(c) have attained the age of eighteen years but have not attained the age of sixty years,
are liable, when called upon under the next succeeding section, to serve in the Defence Force.

DEFENCE ACT 1903-1973 - SECT. 60.
Proclamation calling upon persons to serve in time of war.

SECT

Substituted by No. 51, 1965, s. 17.
60. (1) In time of war the Governor-General may, by proclamation, call upon persons specified in the last preceding section to serve in the Defence Force in accordance with this Act for the duration of the time of war.

(2) A proclamation under this section shall call upon persons in the order in which they are included in the classes of persons set out in the next succeeding sub-section, but a proclamation may divide, according to age, any such class of persons and call upon persons included in those divisions in the order of those divisions.

(3) The classes of persons referred to in the last preceding sub- section are as follows:-

Class I-Persons of the age of eighteen years and upwards, but under thirty-five years, who are unmarried or are widowers without children;

Class II-Persons of the age of thirty-five years and upwards but under forty-five years, who are unmarried or are widowers without children;

Class III-Persons of the age of eighteen years and upwards but under thirty-five years, who are married or are widowers with children;

Class IV-Persons of the age of thirty-five years and upwards, but under forty-five years, who are married or are widowers with children; and

Class V-Persons of the age of forty-five years and upwards, but under sixty years.

(4) In the last preceding sub-section, ''widowers'' includes persons who have obtained a divorce, or have been divorced, and have not subsequently married.

(5) If the Parliament is not sitting at the date of publication of a proclamation under this section, it shall be summoned to meet within ten days after that date.

DEFENCE ACT 1903-1973 - SECT. 61.
Registration and allotment for service.

SECT

Substituted by No. 51, 1965, s. 17.
Sub-section (1) amended by No. 216, 1973, s. 3.
61. (1) The regulations may make provision for and in relation to-

(a) the registration of persons who are or may become liable to serve in the Defence Force in time of war;

(b) the deferment of the service of persons, or persons included in classes of persons, who have been called upon under the last preceding section to serve in the Defence Force;

(c) medical and other examinations of persons who have been so called upon;

(d) the exemption from liability to serve in the Defence Force of persons whose conscientious beliefs do not allow them to engage in any form of naval, military or air-force service, and the exemption from liability to be required to engage in naval, military or air-force duties of a combatant nature of persons whose conscientious beliefs do not allow them to engage in such duties;

(e) determination of questions whether persons are exempt from liability to render service on the ground of conscientious beliefs and the investing of any court of a State with federal jurisdiction, and the conferring of jurisdiction on any court of a Territory, to determine such questions;

(f) the choice, by ballot or otherwise, from persons who have been called upon to serve in the Defence Force of those persons who are required so to serve; and

(g) the allotment of persons required so to serve for service in a part of the Naval Forces, the Military Forces or the Air Force.

(2) For the purposes of this section, a conscientious belief is a conscientious belief whether the ground of the belief is or is not of a religious character and whether the belief is or is not part of the doctrines of a religion.

DEFENCE ACT 1903-1973 - SECT. 61A.
Persons exempt from service.

SECT

Substituted by No. 51, 1965, s. 17.
61A. (1) The following persons are exempt from service in the Defence Force in time of war so long as the employment, condition or status on which the exemption is based continues:-

(a) persons subject to a prescribed mental or physical disability;

(b) members and officers of the Parliament of the Commonwealth or of a State;

(c) judges of federal or State courts and police, stipendiary or special magistrates of the Commonwealth or of a State;

(d) ministers of religion;

(e) members of a religious order who devote the whole of their time to the duties of the order;

(f) persons who are students at a college maintained solely for training persons to become members of a religious order; and

(g) persons who are students at a theological college as defined by the regulations or are theological students as prescribed.
Amended by No. 93, 1966, s. 3.

(2) A person who, in pursuance of section sixty of this Act, has been called upon to serve in the Defence Force and is, by virtue of this section, exempt from service shall, notwithstanding the exemption, do any act that such a person is required, by or under the regulations, to do.

Penalty: Forty dollars.

DEFENCE ACT 1903-1973 - SECT. 61B.
Entry into Defence Force for service.

SECT

Substituted by No. 51, 1965, s. 17.
61B. (1) A person who, in accordance with the regulations, is allotted for service in a part of the Naval Forces, the Military Forces or the Air Force shall, as from the time at which he presents himself for service in that part, be deemed to have been enlisted in that part and to have been engaged to serve in that part for the duration of the time of war.

(2) A person who, in pursuance of section sixty of this Act, has been called upon to serve in the Defence Force and fails, when required by or under the regulations, to present himself for examination or service or to do any other act required to be done by persons so called upon remains liable to do that act, notwithstanding that the time originally appointed for the doing of that act has expired or that he has been convicted for failing to do that act.

DEFENCE ACT 1903-1973 - SECT. 61C.
Part not to apply to certain persons.

SECT

Inserted by No. 51, 1965, s. 17.
61C. Nothing in this Part applies to-

(a) a person whose presence in Australia is occasioned solely by his employment in the service of a Government outside Australia;

(b) an official of the United Nations in a category specified by the Secretary-General of the United Nations under section seventeen of the General Convention on the Privileges and Immunities of the United Nations which was adopted by the General Assembly of the United Nations on the thirteenth day of February, One thousand nine hundred and forty-six;

(c) an official of a specialized agency as defined by section one of the International Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations which was adopted by the General Assembly of the United Nations on the twenty-first day of November, One thousand nine hundred and forty-seven, in a category specified by the specialized agency under section eighteen of that Convention, except such an official who is an Australian citizen, unless his name has been placed on the list compiled and approved under section twenty of the Convention;

(d) a prescribed official, or an official included in a prescribed class of officials, of any other international organization;

(e) members of the Defence Force; or

(f) aboriginal natives of Australia, as defined by the regulations, other than a class of aboriginal natives as so defined that is specified in the regulations.

DEFENCE ACT 1903-1973 - SECT. 62.
Cadets.

SECT

PART V-CADETS
Substituted by No. 59, 1951, s. 12.
62. (1) There shall be an Australian Cadet Corps, which shall consist of persons under the age of eighteen years who are voluntarily enrolled in that Corps.

(2) Subject to the regulations, the training and conditions of service of members of the Australian Cadet Corps shall be as the Military Board determines.
Section 62A repealed by No. 59, 1951, s. 12.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 63.
General powers for defence purposes.

SECT

PART VI-SPECIAL POWERS IN RELATION TO DEFENCE
Sub-section (1) amended by No. 15, 1909, s. 13; No. 30, 1910, s. 4; No. 37, 1910, s. 9; No. 74, 1939, s. 3; and No. 35, 1948, s. 4.
63.* (1) The Governor-General may-

* * * * * * * *

(b) Construct and maintain forts and defence works;

(c) Lay down mines;

(d) Establish and maintain arms and ammunition factories;

(da) Establish and maintain factories for the manufacture of naval, military and air-force equipment and uniforms;

* * * * * * * *

(dc) Establish and maintain horse depots, and farms and stations for the breeding of horses; and

(e) Acquire, construct, and maintain artillery and rifle ranges; and

(f) Subject to the provisions of this Act do all matters and things deemed by him to be necessary or desirable for the efficient defence and protection of the Commonwealth or of any State.
Sub-section (2) omitted by No. 35, 1948, s. 4.
* * * * * * * *
Added by No. 15, 1909, s. 13; amended by No. 37, 1910, s. 9; No. 36, 1917, s. 17; No. 74, 1939, s. 3; No. 35, 1948, s. 4; and No. 216, 1973, s. 3.

(3) All appointments in the Departments of Defence, the Navy, the Army and Air (other than appointments under the Public Service Act 1922-1973 and appointments in a civil capacity under section forty-one of the Naval Defence Act 1910-1934) shall be appointments in the Naval Military or Air Forces, and members of the Permanent Naval Military or Air Forces who have served not less than five years therein or have served on active service as prescribed shall, in cases of equality of qualifications, have preference over other applicants for those appointments.

DEFENCE ACT 1903-1973 - SECT. 64.
Control of railways in time of war.

SECT

Amended by No. 12, 1904, s. 8; and No. 74, 1939, s. 3.
64. The Governor-General may in time of war authorize any officer to assume control of any railway for transport for naval, military or air-force purposes.

DEFENCE ACT 1903-1973 - SECT. 65.
Railways to carry troops, &c., when required.

SECT

Amended by No. 74, 1939, s.3.
65. The principal railway official in any State or the owner, controller, or manager of any railway or tramway in any State shall when required by the Governor-General, and as prescribed, convey and carry members of the Defence Force, together with their horses, guns, ammunition, forage, baggage, aircraft, aircraft material and stores from any place to any place on the railway or tramway, and shall provide all engines, carriages, trucks and rolling-stock necessary for the purpose.

DEFENCE ACT 1903-1973 - SECT. 66.
Conveyance by railway and tramway.

SECT

66. Members of the Defence Force when on duty in uniform or carrying a rifle shall, subject to the Regulations, be conveyed over the railways and tramways of the Commonwealth or of any State for the purpose of attending musters, parades, and rifle practices, and returning therefrom, on production of a pass signed by a District Commandant or commanding officer, or other officer deputed by either of them.

DEFENCE ACT 1903-1973 - SECT. 67.
Registration and impressment of vehicles, &c.

SECT

Substituted by No. 15, 1909, s.14; amended by No. 5, 1912, s. 7; and No. 74, 1939, s. 3.
67. The owner of any vehicle, horse, mule, bullock, aircraft, aircraft material, boat or vessel, or of any goods, required for naval, military or air-force purposes, shall, when required to do so by an officer authorized in that behalf by the regulations, furnish it for those purposes, and shall be recompensed therefor in the manner prescribed, and the owners of any vehicles, horses, mules, bullocks, aircraft, aircraft material, boats or vessels may be required by the regulations to register them periodically.

DEFENCE ACT 1903-1973 - SECT. 68.
Billeting and quartering.

SECT

68. Members of the Defence Force may in time of war as prescribed be billeted, quartered or cantoned, but nothing in this Act shall authorize the quartering of billeting of any member of the Defence Force in any house solely occupied by women or by women and children.

DEFENCE ACT 1903-1973 - SECT. 69.
Authority to enter lands for training.

SECT

Substituted by No. 15, 1909, s. 15.
Sub-section (1) amended by No. 3, 1915, s. 6; and No. 74, 1939, s. 3.
69. (1) The Governor-General may give a general or particular authority to the Defence Force, or any part thereof, to enter upon and survey any lands or use them for training, manoeuvres, or other naval, military or air-force exercises or purposes, and compensation shall be made, in the manner prescribed, for any damage or loss sustained by the owner or occupier of the lands, by reason of such entry survey or use.
Added by No. 3, 1915, s. 6; amended by No. 93, 1966, s. 3.

(2) Any person who removes or interferes with any survey mark placed upon any land by any member of the Defence Force, who has surveyed the land in pursuance of sub-section (1) of this section, shall be guilty of an offence.

Penalty: Forty dollars.

DEFENCE ACT 1903-1973 - SECT. 70.
Tolls.

SECT

Amended by No. 74, 1939, s. 3; and No. 80, 1950, s. 3.
70. No toll or due, whether demandable by virtue of any Act or State Act or otherwise, at any wharf, landing place, aerodrome, bridge gate, or bar on a public road shall be demanded or taken in respect of-

(a) Any member of the Defence Force on march or duty or any prisoner under his charge;

(b) Any horse ridden or used by any member of the Defence Force on march or duty or by any prisoner under his charge;

(c) Any vehicle employed only in conveying members of the Defence Force on march or duty or any prisoner under their charge or conveying naval, military or air-force arms, stores, baggage, aircraft or aircraft material; or

(d) Any animal drawing any such vehicle.

DEFENCE ACT 1903-1973 - SECT. 71.
Stopping traffic.

SECT

71. The officer in charge of any artillery or rifle range may stop all traffic, during artillery or rifle practice, on any road or waterway crossing the line of fire or in dangerous proximity thereto.

DEFENCE ACT 1903-1973 - SECT. 72.
Regulations as to traffic.

SECT

Amended by No. 15, 1909, s. 16; and No. 93, 1966, s. 3.
72. No ships boats or persons shall come or remain within the prescribed distance of any ship battery gun or person engaged in artillery or rifle practice, or shall remain in any position so as to obstruct such practice.

Penalty: One hundred dollars.

DEFENCE ACT 1903-1973 - SECT. 73.
Falsifying pay rolls.

SECT

PART VII-OFFENCES*
Substituted by No. 36, 1917, s. 18.
73. (1) Any member of the Defence Force who-

(a) except as prescribed, knowingly claims pay on account of any drill with his corps for any man belonging to any corps; or

(b) knowingly claims pay for any member of the Defence Force not present; or

(c) knowingly includes in any parade state, or other return, the name of any person who is not a member of the Defence Force,
shall be guilty of an offence.
Claiming or receiving pay improperly.

(2) Any member of the Defence Force who-

(a) except as prescribed, knowingly claims or receives pay on account of any drill performed in any corps, other than his own proper corps; or

(b) knowingly claims or receives pay on account of any drill or duty not performed,
shall be guilty of an offence.
Fraudulently obtaining or retaining pay.

(3) Any member of the Defence Force who-

(a) knowingly obtains by means of any false pretence any pay or money belonging or payable to any other member of the Defence Force; or

(b) knowingly retains or keeps in his possession with intent to apply it to his own use any pay or money belonging or payable to any other member of the Defence Force,
shall be guilty of an offence.

DEFENCE ACT 1903-1973 - SECT. 73A.
Unlawfully giving or obtaining information as to defences.

SECT

Inserted by No. 36, 1917, s. 18.
Sub-section (1) amended by No. 74, 1939, s. 3.
73A. (1) Any member of the Defence Force or officer in the Public Service of the Commonwealth who communicates to any person otherwise than in the course of his official duty any plan, document, or information relating to any fort, battery, field work, fortification, or defence work, or to any defences of the Commonwealth, or to any factory, or air-force aerodrome or establishment or any other naval, military or air-force information, shall be guilty of an offence.
Amended by No. 74, 1939, s. 3.

(2) Any person who unlawfully obtains any plan, document, or information relating to any fort, battery, field work, fortification, or defence work, or air-force aerodrome or establishment, or to any of the defences of the Commonwealth or any other naval, military or air-force information, shall be guilty of an offence.

DEFENCE ACT 1903-1973 - SECT. 73B.
Falsifying and forging parade states, orders, &c.

SECT

Inserted by No. 36, 1917, s. 18.
73B. Any person who-

(a) knowingly signs a false parade state roll or pay list or return; or

(b) forges or utters, knowing it to be forged, any warrant or order under this Act; or

(c) falsely personates any other person at any parade or on any occasion when the latter is required by this Act to do any act or to attend at any place,
shall be guilty of an offence.

DEFENCE ACT 1903-1973 - SECT. 73C.
Supplying inferior food, materials and equipment.

SECT

Inserted by No. 36, 1917, s. 18.
Sub-section (1) amended by No. 4, 1941, s. 3.
73C. (1) Any contractor, purveyor or other person, and any employee of a contractor, purveyor or other person, who supplies to the Commonwealth or any officer of the Commonwealth for use by the Defence Force-

(a) any article of food which is inferior in quality to or less in quantity than that specified in the contract, agreement or order under which it is to be supplied; or

(b) any material, equipment, or beast of draught or burden which is inferior to that specified in the contract, agreement or order under which it is to be supplied,
shall be guilty of an offence, unless he proves that he supplied the article, material, equipment or beast without intent to defraud and that he neither knew nor had reasonable means of knowing that the article was so inferior or less in quantity or that the material, equipment or beast was so inferior.
Amended by No. 4, 1941, s. 3.

(2) Any officer of the Commonwealth who receives for use by the Defence Force any article of food, or any material, equipment, or beast of draught or burden supplied in contravention of this section, shall be guilty of an offence, unless he proves that he received the article, material, equipment or beast without intent to defraud, and that he neither knew nor had reasonable means of knowing that it was supplied in contravention of this section.

DEFENCE ACT 1903-1973 - SECT. 73D.
Possession of certain things an offence.

SECT

Substituted by No. 4, 1941, s. 4.
73D. (1) Any contractor who has in his possession-

(a) any goods (being goods of a like kind to goods which he has contracted to supply to the Commonwealth for use by the Defence Force or any portion thereof, or being goods of a like kind to goods which are suitable to form a constituent part of, or to be used in the manufacture or production of, goods so contracted to be supplied)-

(i) to which is applied, without lawful authority, any mark or design or the impression of any seal or stamp indicating that the goods have been inspected by or on behalf of the Commonwealth or have been accepted by or on behalf of the Commonwealth for delivery for such use;

(ii) to which is applied any mark or design or the impression of any seal or stamp so nearly resembling any such mark, design or impression as is referred to in the last preceding sub-paragraph as to be likely to lead to the belief that the goods had been so inspected or accepted; or

(iii) on which any mark or design or the impression of any seal or stamp applied by authority of the Commonwealth has, without lawful authority, been altered, added to or effaced or has in any way been falsified; or

(b) any die, device, seal or stamp capable of making any such mark, design or impression as is referred to in the last preceding paragraph,
shall be guilty of an offence, unless he proves that he had possession of the goods, die, device, seal or stamp without intent to defraud and that, in relation to any such goods, the mark, design or impression was applied without his knowledge and without his having the means of knowing of its application.

(2) For the purposes of this section-

(a) a mark or design shall be deemed to be applied to goods if it is impressed on, or annexed or affixed to, the goods; and

(b) a mark, design or impression shall be deemed to be applied to goods if-

(i) it is applied to the goods themselves; or

(ii) it is applied to any container, covering, label or thing in or with which the goods are had in possession.

DEFENCE ACT 1903-1973 - SECT. 73E.
Application of sections 73C and 73D to bodies corporate.

SECT

Inserted by No. 4, 1941, s. 4.
73E. Where a person to whom section seventy-three C or section seventy-three D of this Act applies is a body corporate, the body and every person being a director or a person concerned in the management of the body shall, in respect of any act or fact specified in either of those sections, be guilty of an offence unless-

(a) in the case of the body, it proves-

(i) that the act or fact took place or existed without the knowledge of any director, or of any person concerned in the management, of the body; and

(ii) that no such director or person concerned had reasonable means of preventing the act or fact taking place or coming into existence; or

(b) in the case of a person being a director or person concerned in the management of the body, he proves-

(i) that the act or fact took place or existed without his knowledge; and

(ii) that he did not have reasonable means of preventing the act or fact taking place or coming into existence.

DEFENCE ACT 1903-1973 - SECT. 73F.
Penalty.

SECT

Inserted by No. 4, 1941, s. 4.
73F. (1) An offence under any of the six last preceding sections may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.
Amended by No. 93, 1966, s. 3.

(2) The punishment for an offence under any of the six last preceding sections shall be-

(a) if the offence is prosecuted summarily-a fine not exceeding Two hundred dollars or imprisonment for six months or both; or, in the case of a body corporate, a fine not exceeding Two thousand dollars; or
(b) if the offence is prosecuted upon indictment-a fine of any amount or imprisonment for any term, or both.

DEFENCE ACT 1903-1973 - SECT. 74.
Refusing required information or giving false information.

SECT

Sub-section (1) amended by No. 36, 1917, s. 19; and No. 93, 1966, s. 3.
74. (1) Any person, of whom information is required by any officer or person in order to enable him to comply with the provisions of this Act relating to enlistment or enrolment, who refuses or neglects (without just cause, proof whereof shall lie upon him) to give such information, or gives false information, shall be guilty of an offence.

Penalty: Imprisonment for twelve months or Forty dollars for each item of information demanded and refused or neglected to be given or falsely given, or both.
Refusing to make enrolment.
Amended by No. 93, 1966, s. 3.

(2) Any person appointed in that behalf who (without just cause, proof whereof shall lie upon him) refuses or neglects to make any enrolment, or to make or transmit, in the prescribed manner, any prescribed roll or return, or copy thereof, shall be liable to a penalty not exceeding One hundred dollars.
Added by No. 36, 1917, s. 19.

(3) Where an offence against this section is tried by court-martial the court may, in lieu of sentencing the offender to imprisonment sentence him to detention for the same period as that for which he might have been sentenced to imprisonment or for any less period.

DEFENCE ACT 1903-1973 - SECT. 75.
Resisting draft, &c.

SECT

Substituted by No. 47, 1918, s. 19; amended by No. 93, 1966, s. 3.
75. Any person who-

(a) when called upon in pursuance of this Act to enlist, fails to attend at the time and place appointed for medical examination or enlistment; or

(b) counsels or aids any person, who is liable to enlist in the Defence Force, to fail to enlist or to evade enlistment; or

(c) counsels or aids any person who has enlisted or who is liable to enlist in any part of the Defence Force not to perform any duty he is required by this Act to perform; or

(d) conceals or assists in concealing any person who is liable to enlist in the Defence Force,
shall be guilty of an offence.

Penalty: One hundred dollars, or imprisonment for six months, or both.
Section 76 repealed by No. 51, 1965, s. 18.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 77.
Offences connected with desertion-Punishment.

SECT

Amended by No. 47, 1918, s. 10; and No. 93, 1966, s. 3.
77. Any person who-

(a) procures or persuades any member of the Defence Force to desert; or

(b) aids or assists any member of the Defence Force in deserting; or

(c) knowing any person to be a deserter from the Defence Force, conceals him or aids or assists him in concealing himself,
shall be guilty of an offence.

Penalty: One hundred dollars, or imprisonment for six months, or both.

DEFENCE ACT 1903-1973 - SECT. 78.
Absence for more than seven days deemed to be desertion.

SECT

Substituted by No. 92, 1964, s. 28.
78. Where-

(a) a member of a Reserve Force, having been called out for continuous full time naval, military or air-force service and required so to serve;

(b) a member of the Citizen Forces, having been required to serve in pursuance of a proclamation under Part III of this Act; or

(c) a person, having been required to serve in pursuance of Part IV of this Act,
absents himself, without leave, from the unit or place at which he is required to be present, for a longer period than seven days, he shall be deemed to be a deserter and is liable to the punishment provided by the Naval Discipline Act, this Act or the Air Force Act, as the case may be.

DEFENCE ACT 1903-1973 - SECT. 79.
Unlawfully disposing of arms, &c.

SECT

Sub-section (1) amended by No. 15, 1909, s. 17; No. 36, 1914, s. 9; No. 74, 1939, s. 3; and No. 93, 1966, s 3.
79. (1) Any person who-

(a) unlawfully disposes of or removes or

(b) fails to deliver up when lawfully required so to do or

(c) has in his possession, except for lawful cause (the proof of which shall lie upon him),
any arms accoutrements or other naval, military or air-force articles belonging to the Commonwealth or to any corps, unit or station, shall be liable to a penalty not exceeding Forty dollars, and may be ordered by the Court by which he is tried to be imprisoned for a period not exceeding three months unless in the meantime he delivers up the article or pays its value.
Inserted by No. 50, 1932, s. 2; amended by No. 74, 1939, s. 3.

(1A) In any prosecution under this section for failure to deliver up when lawfully required so to do any arms, accoutrements or other naval, military or air-force articles belonging to the Commonwealth or to any corps, unit or station-

(a) if it is proved to the satisfaction of the Court that any such article was in the possession of the defendant at any time prior to the time at which he was required to deliver up the article, he shall be deemed, in the absence of proof by him of the lawful disposal of the article, to have continued in possession of the article up to the time when he was required to deliver up the article; and

(b) inability to deliver up the article shall not be a defence unless the defendant proves to the satisfaction of the Court that such inability did not arise from any negligence or wrongful act or omission on his part.
Added by No. 15, 1909, s. 17; amended by No. 216, 1973, s. 3.

(2) When an order has been made under this section the Court may by warrant in writing authorize any Commonwealth Police Officer or member of the Police Force of a State or Territory to take possession of the article and to deliver it to an officer or as the Court thinks fit to direct.
Added by No. 15, 1909, s. 17; amended by No. 216, 1973, s. 3.

(3) Any Commonwealth Police Officer or member of the Police Force of a State or Territory having any warrant under this section may in the day time enter any building, premises, or place where the article is or is supposed to be, and may break open any part of the building, premises, or place, or any chest, receptacle, or thing therein, and may seize or take possession of the article and deliver it in accordance with the warrant.

DEFENCE ACT 1903-1973 - SECT. 80.
Penalty for personating.

SECT

Amended by No. 93, 1966, s. 3.
80. Any person who fraudulently personates or represents himself to be a member of the Defence Force, with the intent to obtain free conveyance by any railway or tramway or to evade payment of any toll or due, shall be liable to a penalty not exceeding Twenty dollars.

DEFENCE ACT 1903-1973 - SECT. 80A.
Falsely representing to be returned soldier, sailor or airman.

SECT

Inserted by No. 36, 1917, s. 21.
Sub-section (1) amended by No. 74, 1939, s. 3; and No. 93, 1966, s. 3.
80A. (1) Any person who falsely represents himself to be a returned soldier, sailor or airman shall be guilty of an offence.

Penalty: Two hundred dollars or imprisonment for six months or both.
Amended by No. 74, 1939, s. 3; and No. 80, 1950, s. 3.

(2) For the purposes of this section-

(a) ''returned soldier'' means a person who has served abroad during any war as a member of any Military Force raised in Australia or in any other part of the British Empire, or as a member of the Military Forces of any Ally of Great Britain;

(b) ''returned sailor'' means a person who has served abroad during any war as a member of any Naval Force raised in Australia or in any other part of the British Empire, or as a member of the Naval Forces of any Ally of Great Britain; and

(c) ''returned airman'' means a person who has served abroad during any war as a member of any Air Force, air service or flying corps raised in Australia or in any other part of the British Empire or as a member of the air forces of any Ally of Great Britain.
Amended by No. 74, 1939, s. 3.

(3) In any proceedings for an offence against this section the averment of the prosecutor that the defendant is not a returned soldier, sailor or airman shall be deemed to be proved in the absence of proof to the contrary.

DEFENCE ACT 1903-1973 - SECT. 80B.
Making and disposal of service decorations.

SECT

Substituted by No. 51, 1965, s. 19.
Sub-section (1) amended by No. 93, 1966, s. 3.
80B. (1) Except as provided by or under this section, a person shall not-

(a) make, sell, supply, offer to sell or supply or display for sale or supply a service decoration;

(b) exchange, pledge or otherwise dispose of a service decoration; or

(c) buy, receive in exchange or by way of pledge or otherwise, or have in his possession a service decoration.

Penalty: One hundred dollars.

(2) Nothing in the last preceding sub-section prevents-

(a) the disposal of a service decoration to the Commonwealth;

(b) the disposition by will, or the acquisition by devolution in the case of an intestacy, of a service decoration; or

(c) a member of the family of a person upon whom a service decoration has been conferred, or a banker or other person to whom the decoration has been entrusted for safe-keeping, having the decoration in his possession.
Amended by No. 93, 1966, s. 3.

(3) A person on whose behalf or at whose place of business a service decoration is sold, supplied or offered or displayed for sale or supply in contravention of sub-section (1) of this section is, unless he proves that the sale, supply, offer or display was contrary to his instructions, guilty of an offence punishable, upon conviction, by a fine not exceeding One hundred dollars.

(4) The Minister, or a person or an authority authorized in writing by the Minister to grant permits under this sub-section, may grant permits in writing-

(a) to specified persons to make and sell or otherwise dispose of service decorations; or

(b) to public institutions and bona fide collectors to acquire, retain and dispose of service decorations,
subject to and in accordance with such conditions and restrictions as the Minister or the authorized person or authority thinks fit to impose.
Amended by No. 93, 1966, s. 3.

(5) A person shall not-

(a) unless he is lawfully entitled to wear a service decoration (proof of which lies upon him), buy, wear or make use of that decoration;

(b) falsely represent himself to be a person who is entitled to wear or to have in his possession a service decoration; or

(c) deface or destroy, by melting or otherwise, a service decoration.

Penalty: One hundred dollars.

(6) Where a person has committed an offence against this section, any service decoration in respect of which the offence was committed is forfeited.
Sections 80C-80I repealed by No. 51, 1965, s. 19.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 81.
Obstructing drill, &c.

SECT

Amended by No. 74, 1939, s. 3; and No. 93, 1966, s. 3.
81. Any person who unlawfully obstructs or interferes with any portion of the Defence Force, or any member thereof, in the performance of any naval, military or air-force service or duty, shall be liable to a penalty not exceeding Forty dollars.

DEFENCE ACT 1903-1973 - SECT. 82.
Sketching, &c., of fortifications prohibited.

SECT

Sub-section (1) amended by No. 74, 1939, s. 3; No. 93, 1966, s. 3; and No. 216, 1973, s. 3.
Penalty for offending against provisions.
82. (1) Any person who, without lawful authority, makes or attempts to make any sketch drawing photograph picture or painting of any fort battery fieldwork fortification aircraft air-force establishment aircraft material or any naval, military or air-force work of defence in the Commonwealth or of any portion thereof shall be liable to a penalty not exceeding Two hundred dollars or, at the discretion of the Court, to be imprisoned, for any period not exceeding six months; and all sketches, drawings, photographs, pictures, and paintings, and all tools and all materials or apparatus for sketching, drawing, photographing, or painting found in his possession, shall be forfeited and may be destroyed, sold, or otherwise disposed of as the Governor-General directs.
Penalty in case of person found in or near forts with drawing materials, &c.
Amended by No. 74, 1939, s. 3; and No. 93, 1966, s. 3.

(2) Any person who, without lawful authority, enters or approaches any fort battery fieldwork fortification aircraft air-force establishment aircraft material or any naval, military or air-force work of defence with sketching drawing photographing or painting materials or apparatus in his possession, with the intention of committing any breach of the provisions of this section, shall be liable to a penalty not exceeding One hundred dollars, and all tools and materials or apparatus for sketching drawing photographing or painting found in his possession shall be forfeited and may be destroyed, sold, or otherwise disposed of, as the Governor-General directs.
Penalty in case of persons trespassing.
Amended by No. 36, 1917, s. 22; No. 74, 1939, s. 3; and No. 93, 1966, s. 3.

(3) Any person who trespasses on any fort battery fieldwork fortification air-force establishment or any naval, military or air-force work of defence, or on any land reserved for or forming part thereof, and whether any erection fort fortification or work of any kind is thereon or not, or any building or land reserved or set apart for or used in connexion with the administration, accommodation, or training of any part of the Defence Force, or any aircraft, shall be liable to a penalty not exceeding Forty dollars.
Amended by No. 216, 1973, s. 3.

(4) Any member of the Defence Force, Commonwealth Police Officer or member of the Police Force of a State, may, without warrant, arrest any person who he has reasonable ground to believe has committed an offence against this section, and take him before a Court of summary jurisdiction to be dealt with according to law.

DEFENCE ACT 1903-1973 - SECT. 83.
Unauthorized use, possession or supply of uniforms and emblems.

SECT

Substituted by No. 71, 1949, s. 15.
Sub-section (1) amended by No. 93, 1966, s. 3.
83. (1) A person shall not, without lawful authority-

(a) use, wear or have in his possession; or

(b) make, supply or offer to supply,
any uniform or emblem to which this section applies or any colourable imitation, representation or miniature of any such uniform or emblem.

Penalty: One hundred dollars.
Amended by No. 92, 1964, s. 29.

(2) This section applies to any uniform or emblem of the Naval, Military or Air Forces of the Commonwealth, or any other part of the King's dominions, or, in time of war or in time of defence emergency, of any ally of His Majesty, and to such other uniforms and emblems related to the defence of the Commonwealth in respect of any war in which His Majesty is or has been engaged as are specified by the Minister, by notice in the Gazette, to be uniforms or emblems to which this section applies.*

(3) An authority for the purpose of sub-section (1) of this section may be given by the Naval Board, the Military Board or the Air Board, or by a person thereto authorized in writing by any of those Boards, and shall be subject to such limitations (if any) as are specified in the authority.
Amended by No. 93, 1966, s. 3.

(4) A person on whose behalf or at whose place of business an article is supplied or offered in contravention of this section, whether contrary to the instructions of that person or not, shall be guilty of an offence, and shall, on conviction, be liable to a fine not exceeding One hundred dollars.

(5) The wearing of a uniform or emblem to which this section applies in the course of a stage play, a music hall or circus performance or a bona fide military representation, or in the making of a cinema film, shall not be an offence against this section.

(6) Where an offence against this section has been committed, the court may, if it thinks fit, order the forfeiture of any uniform or emblem in respect of which that offence was committed.

(7) In this section-

''emblem'' includes a badge, a regimental or other distinctive mark and an armlet; and

''uniform'' includes an accoutrement or other part of a uniform.

DEFENCE ACT 1903-1973 - SECT. 84.
Penalty for bringing contempt on uniform.

SECT

Amended by No. 93, 1966, s. 3.
84. Any person who wears any uniform of the Defence Force, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such a manner or under such circumstances as to be likely to bring contempt upon that uniform, or employs any other person so to wear that uniform or dress shall be liable to a penalty not exceeding Forty dollars.

DEFENCE ACT 1903-1973 - SECT. 85.
Penalty for contravening the Act in any way.

SECT

Amended by No. 47, 1918, s. 11; and No. 93, 1966, s. 3.
85. Any person who contravenes any provision of this Act, or the Regulations, shall, when no other penalty is provided, be liable to a penalty not exceeding Twenty dollars for each offence.

DEFENCE ACT 1903-1973 - SECT. 86.
Power to constitute courts-martial.

SECT

PART VIII-COURTS-MARTIAL*
Sub-section (1) amended by No. 36, 1917, s. 23; and No. 74, 1939, s. 3.
86. (1) The Governor-General may-

(a) convene courts-martial;

(b) appoint officers to constitute courts-martial; and

(c) confirm the finding, or finding and sentence of any court- martial, or in the case of a military or air-force court-martial send back the finding and sentence or either of them for revision;

(d) mitigate or remit the punishment or any part of the punishment awarded by any sentence, or commute the punishment for any less punishment to which the offender might have been sentenced by the court-martial; and

(e) suspend the execution or currency of any sentence on such terms and conditions (if any) as he thinks fit.
Added by No. 36, 1917, s. 23; amended by No. 74, 1939, s. 3.

(2) Nothing in this section shall affect the powers conferred by the Army Act in regard to the Military Forces or the Naval Discipline Act in regard to the Naval Forces or the Air Force Act in regard to the Air Force of convening courts-martial and confirming the findings and sentences of those courts.

DEFENCE ACT 1903-1973 - SECT. 87.
Powers may be delegated.

SECT

Sub-section (1) amended by No. 13, 1939, s. 6; and No. 74, 1939, s. 3.
87. (1) The Governor-General may delegate any of his powers under the preceding section, either generally or in relation to any particular case or class of cases, or to any locality, place or district, or to any Command, Military District or sub-district.
Delegation to be revocable.

(2) The delegation shall be revocable by the Governor-General at will, and shall not prevent the exercise of any power by the Governor-General.

(3) No revocation of a delegation shall affect anything done under the delegation prior to the revocation.

DEFENCE ACT 1903-1973 - SECT. 88.
Laws applicable to courts-martial.

SECT

Substituted by No. 72, 1956, s. 5.
88. Subject to this Act and to such modifications and adaptations as are prescribed, the provisions of the Army Act and the Rules of Procedure made under that Act in relation to-

(a) the composition, procedure (including the reception of evidence) and powers of courts-martial in the Queen's Regular Land Forces;

(b) the confirmation, revision, effect and consequences of the findings and sentences of those courts-martial; and

(c) the mitigation, remission, commutation and suspension of sentences imposed by those courts-martial,
shall apply in relation to courts-martial in the Military Forces and their findings and sentences.

DEFENCE ACT 1903-1973 - SECT. 89.
Contempt of court.

SECT

89. Any person who wilfully interrupts or disturbs the proceedings of a court-martial, or uses insulting language towards the court or the members thereof, or who by writing or speech uses words calculated to improperly influence the court or the members thereof or the witnesses before the court, shall be guilty of contempt of court, whether the act committed was committed in the court or outside the court.

DEFENCE ACT 1903-1973 - SECT. 90.
Court-marital not to punish civilians for contempt.

SECT

Substituted by No. 36, 1917, s. 25.
90. (1) No person, other than a member of the Defence Force, or a person liable to trial by court-martial, shall be proceeded against before a court-martial for contempt of court.

(2) If a person, not being a member of the Defence Force, commits any act amounting to contempt of court within the view or hearing of a court-martial he may forthwith be arrested pursuant to the order of the President of the court-martial, and taken before a civil court having jurisdiction to try him for the offence to be dealt with according to law.
Amended by No. 74, 1939, s. 3.

(3) Nothing in this section or in sections ninety-one, ninety-two or ninety-five shall prevent the application to a member of the Defence Force on war service of any provision of the Army Act or of the Naval Discipline Act or of the Air Force Act (as the case may be).

DEFENCE ACT 1903-1973 - SECT. 91.
Punishment for contempt of court.

SECT

Amended by No. 36, 1917, s. 26; No. 93, 1966, s. 3; and No. 216, 1973, s. 3.
91. Contempt of court shall be punishable as follows:-

(a) On conviction before a court-martial or court of summary jurisdiction by fine not exceeding Forty dollars or by imprisonment or detention not exceeding two months;

(b) On conviction before the High Court or a Supreme Court or a Judge thereof by fine or imprisonment or detention in the discretion of the court.

DEFENCE ACT 1903-1973 - SECT. 92.
Contempt by members of Defence Force.

SECT

Substituted by No. 36, 1917, s. 27; amended by No. 216, 1973, s. 3.
92. A court-martial may, by writing under the hand of the President, order any member of the Defence Force or a person liable to trial by court-martial, guilty of contempt of court within the hearing or view of the court, to be imprisoned or to undergo detention for a period not exceeding twenty-one days.

DEFENCE ACT 1903-1973 - SECT. 93.
Members of Permanent Forces to attend court-martial if ordered.

SECT

93. Members of the Permanent Forces may be ordered to attend any court-martial to give evidence and produce documents.

DEFENCE ACT 1903-1973 - SECT. 94.
Power to summon witnesses.

SECT

94. A court-martial or the president may summon witnesses to give evidence and produce documents, or may require any person other than the accused to give evidence and produce documents.

DEFENCE ACT 1903-1973 - SECT. 95.
Penalty for disobedience to summons.

SECT

Amended by No. 93, 1966, s. 3.
95. Every person who has been lawfully ordered or summoned to attend a court-martial to give evidence or produce documents, and who not being a member of the Permanent Forces has been paid or tendered reasonable expenses of his attendance, or who is before the court and who without just cause (proof whereof shall lie upon him)-

(a) Disobeys the order or summons to so appear; or

(b) Refuses to be sworn as a witness; or

(c) Refuses or fails to answer any question which he is required by the court to answer; or

(d) Refuses or fails to produce any documents which he is required by the court to produce
shall be liable to a penalty not exceeding Two hundred dollars.

DEFENCE ACT 1903-1973 - SECT. 96.
Counsel allowed.

SECT

Amended by No. 36, 1917, s. 28; and No. 74, 1939, s. 3.
96. Every person who is tried by court-martial may be assisted in his defence by counsel. And if the offence charged be punishable by death he shall be entitled to be defended by counsel assigned by and at the expense of the Crown unless on war service the authority convening the court or the President thereof, by writing under his hand (which shall be conclusive) declares that military or air-force exigencies or the necessities of discipline (the nature of which exigencies or necessities shall be specified in the declaration) render it impossible or inexpedient to procure the attendance of counsel.

DEFENCE ACT 1903-1973 - SECT. 97.
Powers of court-martial as to sentencing.

SECT

Amended by No. 36, 1917, s. 29; and No. 74, 1939, s. 3.
97. Every court-martial may sentence any member of the Defence Force found guilty of any naval, military or air-force offence to the punishment provided for the offence and may in addition-

(a) Dismiss or discharge him from the Defence Force; or

(b) Forfeit his seniority of rank or reduce his grade or rank; and

(c) Order him to pay such amount as is sufficient to make good any loss of or damage to any article vested in the Commonwealth or in the commanding officer of his corps occasioned by his wilful default or neglect and any expenses occasioned by the offence.

DEFENCE ACT 1903-1973 - SECT. 98.
Sentence of death in certain cases only-subject to approval of
Governor-General.

SECT


Amended by No. 74, 1939, s. 3.
98.** No member of the Defence Force shall be sentenced to death by any court-martial except for mutiny, desertion to the enemy, or traitorously delivering up to the enemy any garrison, fortress, post, guard, or ship, vessel, or boat, or aircraft, or traitorous correspondence with the enemy; and no sentence of death passed by any court-martial shall be carried into effect until confirmed by the Governor-General.

DEFENCE ACT 1903-1973 - SECT. 99.
Proceedings to be preserved.

SECT

Sub-section (1) amended by No. 12, 1904, s. 9; and No. 45, 1934, s. 2.
99. (1) The proceedings of a court-martial shall after promulgation be forwarded to the Minister for transmission to the Attorney-General for record.
Sub-section (2) omitted by No. 45, 1934, s. 2.
* * * * * * * *

(3) Any person who has been tried by a court-martial shall be entitled, within six months from the date of the final decision, to a copy of the proceedings on payment of the prescribed fee.

DEFENCE ACT 1903-1973 - SECT. 100.
Proceedings of Court not void for form, no certiorari.

SECT

100. No proceedings of any court-martial constituted or appointed under this Act shall be set aside or deemed void for want of form, or be removed by certiorari or otherwise into any civil Court.

DEFENCE ACT 1903-1973 - SECT. 101.
Summary conviction.

SECT

PART IX-LEGAL PROCEDURE
101. All offences against this Act, other than indictable offences, shall be punishable on summary conviction.

DEFENCE ACT 1903-1973 - SECT. 102.
Members of Defence Force may be tried by civil court.

SECT

Amended by No. 36, 1917, s. 30.
102. Any member of the Defence Force charged with any offence against this Act (whether committed before or after he became a member) may be tried and punished either by court-martial or by a civil Court.

DEFENCE ACT 1903-1973 - SECT. 103.
Time for commencing prosecutions before courts-martial.

SECT

Substituted by No. 36, 1917, s. 31.
Sub-section (1) amended by No. 74, 1939, s. 3.
103. (1) A person shall not be tried by court-martial for any offence against the Army Act, the Naval Discipline Act or the Air Force Act, except mutiny, desertion, or fraudulent enlistment, unless the trial begins within three years after the commission of the offence.

(2) A person shall not be tried by court-martial for an offence against this Act, except mutiny, desertion or fraudulent enlistment or an indictable offence, unless the trial begins within three years after the commission of the offence.
Amended by No. 74, 1939, s. 3.

(3) A person charged with any naval, military or air-force offence, except mutiny, desertion, or fraudulent enlistment, committed while a member of the Defence Force, may, subject to this section, if committed when not on war service, be tried and punished by court-martial if the trial begins while he remains a member or within six months after he ceases to be a member, or, if committed when on war service, if the trial begins while he remains on war service or within six months after he ceases to be on war service.
Section 104 repealed by No. 36, 1917, s. 31.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 105.
Trial for desertion at any time.

SECT

105. Any person who is or has been a member of the Defence Force may be tried at any time by court-martial for the offence of desertion.

DEFENCE ACT 1903-1973 - SECT. 106.
Imprisonment may be awarded in lieu of penal servitude.

SECT

Amended by No. 74, 1939, s. 3; and No. 216, 1973, s. 3.
106. Where the punishment for any offence against the Army Act, the Naval Discipline Act or the Air Force Act is penal servitude the court may, in lieu of sentencing the offender to penal servitude, sentence him to imprisonment for the same period as that for which he might have been sentenced to penal servitude or for any less period.

DEFENCE ACT 1903-1973 - SECT. 107.
Deduction of penalty from pay.

SECT

Amended by No. 74, 1939, s. 3.
107. The amount of any pecuniary penalty incurred or of any sum of money ordered by any Court to be paid by any member of the Defence Force in respect of any naval, military or air-force offence may be deducted from any pay due or which subsequently becomes due to the offender.

DEFENCE ACT 1903-1973 - SECT. 108.
Certain officers may punish.

SECT

Sub-section (1) substituted by No. 59, 1951, s. 13; amended by No. 92, 1964, s. 30; and No. 93, 1966, s. 3.
108. (1) The regulations may authorize the officer commanding a corps, ship, unit or air force station to punish an offence against this Act or the regulations committed by a member of the Defence Force when not on war service-

(a) by a fine not exceeding Forty dollars;

(b) in the case of loss of, or damage or destruction to, any arms, ammunition, equipment, clothing, instruments or regimental necessaries caused by the offence-

(i) where the articles are on issue to the member-by a deduction from pay not exceeding Forty dollars; or

(ii) where the articles are not on issue to the member-by a deduction from pay not exceeding Ten dollars;

(c) where the member is employed on continuous full time naval, military or air-force service-

(i) by forfeiture of not more than fourteen days' pay; or

(ii) by confinement to barracks or on board ship, as the case requires, for a period not exceeding twenty-one days, seven days of which may be imprisonment or detention; and

(d) where the member is not employed on continuous full time naval, military or air-force service-by reduction in rank or dismissal.
Added by No. 36, 1917, s. 32.

(2) Except when on war service, a member of the Defence Force, before being dismissed or reduced, may, if he so requests, be tried by court-martial.
Added by No. 36, 1917, s. 32; amended by No. 74, 1939, s. 3.

(3) When on war service commanding officers shall have all the powers conferred by the Army Act, the Naval Discipline Act and the Air Force Act respectively subject to such modifications and adaptations as are prescribed.

DEFENCE ACT 1903-1973 - SECT. 109.
Time for commencement of prosecutions.

SECT

Substituted by No. 36, 1914, s. 11.
Sub-section (1) amended by No. 36, 1917, s. 33.
109. (1) A civil prosecution for any offence, other than an indictable offence, may be commenced at any time within one year after the commission of the offence.
Amended by No. 74, 1939, s. 3.

(2) Nothing in this section shall limit the right to take proceedings by way of civil action in relation to any property of the Commonwealth or of any corps, unit or air-force station.

DEFENCE ACT 1903-1973 - SECT. 110.
On whose complaint prosecutions may be brought.

SECT

Substituted by No. 5, 1912, s. 8.
Sub-section (1) amended by No. 36, 1917, s. 34.
110. (1) A civil prosecution for an offence against this Act or the Regulations may be brought in any court of summary jurisdiction.
Amended by No. 36, 1917, s. 34.

(2) A civil prosecution against an officer of the Military Forces shall be brought by or by the authority of the District Commandant.
Amended by No. 36, 1917, s. 34.

(3) A civil prosecution against an officer of the Naval Forces shall be brought by or by the authority of the Commanding Officer of one of His Majesty's ships or the District Naval Officer.
Inserted by No. 74, 1939, s. 3.

(3A) A civil prosecution against an officer of the Air Force shall be brought by or by the authority of the Air Board.
Amended by No. 36, 1917, s. 34; and No. 74, 1939, s. 3.

(4) The averment of the prosecutor that he was authorized by the District Commandant or the Commanding Officer of one of His Majesty's ships or the District Naval Officer or the Air Board to bring the prosecution shall be sufficient, and shall not be controverted or questioned by the Court or by the defendant.
Substituted by No. 59, 1951, s. 14; amended by No. 216, 1973, s. 3.

(5) A civil prosecution against a soldier, sailor or airman may be brought by-

(a) the commanding officer or adjutant of the unit to which the soldier belongs;

(b) the commanding officer of the vessel to which the sailor belongs; or

(c) the commanding officer or adjutant of the unit to which the airman belongs,
or by a prescribed officer.

DEFENCE ACT 1903-1973 - SECT. 110A.
Company Roll Book.

SECT

Inserted by No. 47, 1918, s. 12.
Sub-section (1) amended by No. 74, 1939, s. 3.
110A. (1) A Company or Flight Roll Book shall be kept by such persons as the Regulations prescribe.
Amended by No. 74, 1939, s. 3.

(2) The entries in the Company or Flight Roll Book shall relate to such matters and be made by such persons as the Regulations prescribe.
Amended by No. 74, 1939, s. 3.

(3) The production of the Company or Flight Roll Book shall be prima facie evidence of the entries contained therein.

DEFENCE ACT 1903-1973 - SECT. 111.
Subscription, arms, &c., vested in commanding officer.

SECT

Sub-section (1) amended by No. 12, 1904, s. 10; No. 36, 1917, s. 35; and No. 74, 1939, s. 3.
111. (1) For the purposes of legal proceedings, all moneys subscribed by or for or otherwise appropriated to the use of any corps or part thereof, or ship's company or part thereof, or air-force unit or station or part thereof, and all arms, ammunition, accoutrements, clothing, musical instruments, or other things, belonging to or used by any corps or part thereof, or ship's company or part thereof, or air-force unit or station or part thereof, and not being the private property of a member of the corps or ship's company or air-force unit or station, as the case may be, shall be deemed to be the property of the commanding officer of the corps or ship's company or air-force unit or station, as the case may be.

No gift, sale, alienation, or pawning, or attempted gift, sale, alienation, or pawning of any such moneys, arms, ammunition, accoutrements, musical instruments, or other things, by any person, shall be effectual to pass the property therein without the consent of the commanding officer.

If any property belonging to or used by or for the Defence Force is not appropriated to any particular corps or part thereof, or ship's company or part thereof, or air-force unit or station or part thereof, or it is uncertain to which corps or part thereof or ship's company or part thereof, or air-force unit or station or part thereof, it belongs, it shall be deemed to be the property of the District Commandant or District Naval Officer or the Air Board as the case may be.

An action or suit shall not abate or be determined by the death, resignation, or removal of the District Commandant or District Naval Officer or any commanding officer, but may proceed in the name of his successor.
Added by No. 71, 1949, s. 16.

(2) For the purposes of this section, ''corps'' includes unit.

DEFENCE ACT 1903-1973 - SECT. 111A.
Property of Rifle Club vested in Captain.

SECT

Inserted by No. 37, 1910, s. 10.
111A. For the purposes of legal proceedings, all arms, ammunition, or other military articles, belonging to or used by any Rifle Club, shall be deemed to be the property of the Captain of the Rifle Club.

DEFENCE ACT 1903-1973 - SECT. 112.
Power to discharge or disrate members of Citizen Forces.

SECT

Amended by No. 30, 1910, s. 4; No. 36, 1917, s. 36; No. 74, 1939, s. 3; No. 19, 1951, s. 10; No. 59, 1951, s. 15; and No. 216, 1973, s. 3.
112. When not on war service any commanding officer, if authorized by the Regulations so to do, may disrate or discharge any sailor, soldier or airman of the Citizen Forces (not being a person who is rendering service in accordance with the National Service Act 1951*) for any good cause, but the sailor, soldier or airman, before being so disrated or discharged, shall be notified, in writing, of the charge against him, and shall be given an opportunity of showing cause against it.

DEFENCE ACT 1903-1973 - SECT. 113.
Power to arrest and detain in military custody.

SECT

Amended by No. 36, 1917, s. 37; No. 74, 1939, s. 3; and No. 92, 1964, s. 31.
113. Any member of the Defence Force when not on war service charged with any naval, military or air-force offence when on duty or wearing his uniform may be arrested, pursuant to the order of any person authorized by the regulations to issue such order, by any other member of the Defence Force, and detained in custody until he can be tried for the offence, but in the case of members of the Reserve Forces or the Citizen Forces such arrest or custody shall not continue longer than while the corps, ship's company or air-force unit to which such member belongs shall then remain under arms or on duty, or if not then on duty, until such member shall have resumed civilian attire, which he shall, without unnecessary delay, be permitted to do.

DEFENCE ACT 1903-1973 - SECT. 114.
Arrest of deserter and persons charged with offences.

SECT

Substituted by No. 36, 1917, s. 38; amended by No. 216, 1973, s. 3.
114. Any member of the Defence Force who absconds or deserts and any person liable to be tried by Court Martial for any offence committed by him may be arrested within or beyond the Commonwealth by a member of the Defence Force or by a Commonwealth Police Officer or a member of the Police Force of a State or Territory, or of the country in which the member is found, pursuant to any warrant under the hand of any officer authorized by the regulations to issue the warrant, and shall be dealt with in the manner prescribed or as directed by the warrant.

DEFENCE ACT 1903-1973 - SECT. 115.
Warrants.

SECT

Sub-section (1) substituted by No. 36, 1917, s. 39; amended by No. 216, 1973, s. 3.
115. (1) Warrants for the temporary detention in any prison or other authorized place of any person charged with an offence triable by court-martial, and warrants for the commitment to any prison or other authorized place of any person sentenced to imprisonment or detention, may be issued by any prescribed officer.
Substituted by No. 36, 1917, s. 39; amended by No. 216, 1973, s. 3.

(2) The District Commandant, the President of a court-martial, or any officer authorized by the regulations, shall be authorized to issue warrants for temporary detention, and the President of a court-martial or any officer authorized by the regulations shall be authorized to issue warrants for the commitment of persons sentenced by a court-martial to imprisonment or detention.

(3) The governor of a prison to whom any warrant, issued in pursuance of this section, is directed shall take cognizance of it without proof of the signature of the person by whom it purports to be signed.
Amended by No. 74, 1939, s. 3.

(4) This section shall not affect any power under any law to detain any person in naval, military or air-force custody.

DEFENCE ACT 1903-1973 - SECT. 116.
Imprisonment for insubordination, &c.

SECT

Amended by No. 36, 1917, s. 40; No. 74, 1939, s. 3; and No. 216, 1973, s. 3.
116. Any member of the Defence Force sentenced to imprisonment or detention for any naval, military or air-force offence may, if the Governor-General by regulation or otherwise directs, be imprisoned or undergo detention in any place appointed by the Governor-General instead of in a prison.

DEFENCE ACT 1903-1973 - SECT. 117.
Right to volunteer for service beyond limits of the Commonwealth.

SECT

PART X-MISCELLANEOUS
117. Nothing contained in this Act shall prevent any member of the Defence Force from volunteering to serve in any Force that may be raised by the Commonwealth to augment any of the King's Regular or other Forces, or to occupy or to defend any place beyond the limits of the Commonwealth.

DEFENCE ACT 1903-1973 - SECT. 117A.
Civilians accompanying Forces subject to Act.

SECT

Inserted by No. 36, 1917, s. 41; amended by No. 71, 1949, s. 17.
117A. A person, not being a member of the Defence Force, who accompanies any part of the Military Forces, whether within or beyond Australia, shall be subject to this Act as if he were a member of the Military Forces in the following manner:-

(a) if he accompanies the Military Forces by order of the Governor-General or the Minister in an official capacity equivalent to that of an officer or if he holds a pass from the officer commanding the part of the Military Forces to which he is attached, entitling him to be treated on the footing of an officer-as an officer;

(b) in all other cases-as a soldier.

DEFENCE ACT 1903-1973 - SECT. 118.
Penalty against raising of Forces without authority.

SECT

Amended by No. 74, 1939, s. 3; and No. 216, 1973, s. 3.
118. Any person who induces or attempts to induce any other person to enlist or engage to serve in any naval, military or air force the raising of which has not been authorized by the Governor-General shall upon conviction be liable to imprisonment for any period not exceeding six months.

DEFENCE ACT 1903-1973 - SECT. 118A.
Employer not to prevent employee from serving.

SECT

Inserted by No. 36, 1917, s. 42; amended by No. 93, 1966, s. 3.
118A. (1) An employer shall not prevent any employee and a parent or guardian shall not prevent any son or ward from rendering the personal service required of him under Parts III and IV of this Act.

Penalty: Two hundred dollars.
Amended by No. 80, 1950, s. 3; and No. 93, 1966, s. 3.

(2) An employer shall not in any way penalize or prejudice in his employment any employee for rendering or being liable to render the personal service required of him under Parts III and IV of this Act or for voluntarily enlisting or attempting to enlist in any force raised for active service either within or without the limits of the Commonwealth, either by reducing his wages or dismissing him from his employment or in any other way.

Penalty: Two hundred dollars.

(3)** The rendering of the personal service or the enlistment referred to in this section shall not terminate a contract of employment, but the contract shall be suspended during the absence of the employee for the purposes referred to in this section; but nothing in this section shall render the employer liable to pay an employee for any time when he is absent from employment for the purposes referred to in this section.

(4) In any proceedings for an offence against this section it shall lie upon the employer to show that any employee proved to have been dismissed or to have been prejudiced or penalized in his employment or to have suffered a reduction of wages, was so dismissed penalized or prejudiced in his employment or reduced for some reason other than that of having rendered the personal service required of him under Parts III and IV of this Act or of having voluntarily enlisted or attempted to enlist in a force raised for active service, either within or without the limits of the Commonwealth.

(5) The Court may direct that the whole or any part of the penalty recovered from an employer for an offence against this section shall be paid to the employee.
Added by No. 92, 1964, s. 32; amended by No. 51, 1965, s. 20.

(6) This section does not apply in relation to personal service required of a person under Part III of this Act if the person is a member, and the service is Defence service, within the meaning of Part II of the Defence (Re-establishment) Act 1965.

DEFENCE ACT 1903-1973 - SECT. 119.
Stoppage of pay in certain cases.

SECT

Substituted by No. 36, 1917, s. 43; amended by No. 47, 1918, s. 13; and No. 216, 1973, s. 3.
119. No member of the Defence Force shall, except as prescribed, receive any pay or allowances while under any charge of which he is afterwards convicted by any Court or by his Commanding Officer, or while under sentence of imprisonment, detention or field punishment by any Court or by his Commanding Officer, or during absence from duty without leave.

DEFENCE ACT 1903-1973 - SECT. 120.
Notice, &c., need not be in writing unless required herein.

SECT

120. It shall not be necessary for any order or notice under this Act to be in writing, unless by this Act required to be so, provided it be communicated to the person who is to obey or be bound by it, either directly by the officer or person making or giving it, or by some other person by his order.

DEFENCE ACT 1903-1973 - SECT. 120A.
Delegation not to lapse on Governor-General ceasing to hold office.

SECT

Inserted by No. 36, 1917, s. 44.
120A. A delegation by the Governor-General in accordance with the provisions of this Act shall not be deemed to be revoked or to have lapsed by the fact that the Governor-General has ceased to hold office.

DEFENCE ACT 1903-1973 - SECT. 121.
Proof of warrant, &c.

SECT

121. The production of an appointment, warrant, or order in writing purporting to be granted or made according to the provisions of this Act, or of any of the State Acts mentioned in the First Schedule, shall be prima facie evidence of the appointment, warrant, or order, without proving the signature or seal thereto, or the authority of the person granting or making the appointment, warrant, or order.

DEFENCE ACT 1903-1973 - SECT. 122.
Police to aid in arrest of deserters.

SECT

Amended by No. 5, 1912, s. 10; No. 36, 1917, s. 45; and No. 216, 1973, s. 3.
122. Any written order or warrant for the arrest of any deserter or absconder from the Defence Force, issued by any person authorized by the regulations to issue it, may be executed within or beyond the Commonwealth by any member of the Defence Force or by a Commonwealth Police Officer or a member of the Police Force of a State, of a Territory or of the country in which the member is found.
Section 123 repealed by No. 216, 1973, s. 3.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 123A.
Intoxicating liquor.

SECT

Substituted by No. 51, 1965, s. 21; amended by No. 216, 1973, s. 3.
123A. In or at a military camp, unit, mess, canteen or other military establishment, or at a gathering of members of the Military Forces (with or without guests) approved by the Military Board, or by an officer authorized by the Military Board to give such an approval, it is lawful, notwithstanding any provision of the law of a State or Territory, for-

(a) a person to have in his possession, sell or supply intoxicating liquor; or

(b) a person, being a member of the Military Forces or of a mess or a guest of such a member, to consume, buy or have in his possession intoxicating liquor,
in accordance with such conditions as the Military Board determines.

DEFENCE ACT 1903-1973 - SECT. 123AA.
Intoxicating liquor not to be supplied to cadets.

SECT

Substituted by No. 59, 1951, s. 16; amended by No. 93, 1966, s. 3.
123AA. A person shall not sell or supply intoxicating liquor to a member of the Australian Cadet Corps while he is in uniform, except by direction of a duly qualified medical practitioner.

Penalty: Forty dollars.

DEFENCE ACT 1903-1973 - SECT. 123B.
Religion.

SECT

Inserted by No. 15, 1909, s. 18; amended by No. 216, 1973, s. 3.
123B. No member of the Defence Force who has conscientious objection shall be compelled to answer any question as to his religion, nor shall any regulation or other order compel attendance at any religious service.

DEFENCE ACT 1903-1973 - SECT. 123BA.
Affirmation in lieu of oath.

SECT

Inserted by No. 92, 1964, s. 33.
123BA. (1) Where, under this Act, a person is required to take an oath in accordance with the appropriate form set out in the Second Schedule to this Act and that person conscientiously objects to take an oath, he may make an affirmation in accordance with the appropriate form set out in that Schedule instead of taking an oath.

(2) An affirmation so made has the same force and effect and entails the same consequences as the taking of the oath.

DEFENCE ACT 1903-1973 - SECT. 123BB.
Female members.

SECT

Inserted by No. 92, 1964, s. 33.
123BB. The regulations may provide that specified provisions of this Act do not apply to or in relation to female members of the Military Forces or that provisions of this Act do so apply subject to such modifications and adaptations as are provided by the regulations.

DEFENCE ACT 1903-1973 - SECT. 123BC.
Modifications of applied provisions.

SECT

Inserted by No. 92, 1964, s. 33.
123BC.** Where by this Act it is provided that provisions of this Act or of the Army Act apply or may be applied subject to such modifications as are provided by the regulations, the regulations may make provisions in addition to or in substitution for any of the provisions that may be so modified.
Section 123C repealed by No. 216, 1973, s. 3; section 123D repealed by No. 59, 1951, s. 17.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 123E.
Supply of uniforms.

SECT

Inserted by No 37, 1910, s. 11; amended by No. 74, 1939, s. 3; and No. 216, 1973, s. 3.
123E. Uniforms shall be supplied free of charge to all members of the Citizen Forces.

DEFENCE ACT 1903-1973 - SECT. 123F.
Certain persons not permitted to serve.

SECT

Inserted by No. 59, 1951, s. 18.
123F. (1) A person shall not be permitted to serve in the Defence Force if-

(a) that person has been convicted of a crime which, in the opinion of the Naval Board, the Military Board or the Air Board, is such as to render that person unsuitable for service in the Defence Force; or

(b) the service of that person in the Defence Force might, in the opinion of the Naval Board, the Military Board or the Air Board, be prejudicial to the security of the Commonwealth.

(2) The last preceding sub-section has effect notwithstanding the National Service Act 1951.*

DEFENCE ACT 1903-1973 - SECT. 124.
Regulations.

SECT

PART XI-REGULATIONS
Sub-section (1) amended by No. 12, 1904, s. 11; No. 15, 1909, s. 10; No. 37, 1910, s. 12; No. 3, 1915, s. 7; No. 36, 1917, s. 46; No. 47, 1918, s. 14; No. 1, 1927, s. 2; No. 74, 1939, s. 3; No. 71, 1949, s. 18; No. 19, 1951, s. 11; No. 59, 1951, s. 19; No. 98, 1952, s. 2; No. 20, 1953, s. 3; No. 92, 1964, s. 34; No. 51, 1965, s. 22; No. 93, 1966, s. 3; and No. 216, 1973, s. 3.
124.** (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 discipline and good government of the Defence Force, or for carrying out or giving effect to this Act, and in particular prescribing matters providing for and in relation to-

(a) The enlistment, appointment, promotion, discharge, and dismissal of members of the Defence Force;

* * * * * * * *

(ca) The conditions of service and training of persons rendering service under the National Service Act 1951;

(d) The fixing of the rates of pay of members of the Defence Force who are paid for their services;

(da) The deduction from the pay of any member of the Military Forces of such reasonable sums as the Minister thinks fit for the support of any person who in the opinion of the Minister is wholly or partly dependent upon, or has a claim for maintenance against the member, and the payment of such sums to or for the benefit of any such person;

(db) The suspension, variation or cancellation by the prescribed authority of any allotment of pay made by a member of the Military Forces;

(e) The requiring from officers and others holding positions the nature of which in the opinion of the Minister renders it necessary for such officers and others to give security for their fidelity to give such security and for fixing the amount and nature of such security;

(f) The leave of absence and furlough of members of the Defence Force;

(g) The convening, composition, procedure, and powers of courts-martial and courts of inquiry and the revision and confirmation of the findings and sentences of courts-martial, and the mitigation, remission and commutation of the punishments;

(ga) The execution of sentences of courts-martial and the suspension of the execution or currency thereof;

(gb) The validity and effect within Australia of sentences passed outside Australia upon, or punishments imposed outside Australia upon, members of the Defence Force who have been placed at the disposal of the service authorities of a country in relation to which section twenty-four of the Defence (Visiting Forces) Act 1963 applies;

(h) The insurance of their lives by married members of the Permanent Forces for the benefit of their wives and families;

(i) The maintenance, control, regulation, and training of cadet corps;

(j) The formation and management of rifle clubs;

(k) The formation, incorporation and management of rifle associations;

(l) The formation and management of a council consisting of representatives of rifle associations;

(m) The furnishing of means of conveyance and transport in time of war;

(n) The regulation of the quartering or billeting of members of the Defence Force in time of war;

(na) The regulation, control or prohibition of the construction or use of buildings, erections or installations, the use of apparatus, machines or vehicles, and the removal in whole or in part of buildings, erections, installations, apparatus, trees or other natural obstacles, within prescribed areas, being areas in which the regulation, control, prohibition or removal is necessary for the defence of the Commonwealth;

(nb) The declaration as a prohibited area of a place (including a place owned by, or held in right of, the Commonwealth or a State) used or intended to be used for a purpose of defence, the prohibition of a person entering, being in or remaining in the prohibited area without permission and the removal of any such person from the area;

(nc) The prohibition of the use, except as prescribed, of a word, group of letters, object or device which is descriptive or indicative of-

(i) a part of the Naval Forces, Military Forces or Air Forces of a part of the King's dominions; or

(ii) a service or body of persons associated with the defence of the Commonwealth;

(o) The establishment and conduct of canteens;

(oa) The management and disposal of the funds and property of units of the Military Forces, including the funds and property of messes;

(p) The regulation of artillery and rifle practice;

(pa) The regulation or prohibition of the emission of smoke from factories or other buildings within the prescribed distance from any gun, fort, searchlight, signal station, observation post, or other work of defence during, or immediately before any naval, military or air force practice;

(q) The preservation of the public safety in or at any naval, military or air-force operation or practice;

* * * * * * * *

(qb) The post mortem examination and disposal of the bodies of members of the Defence Force who die while on service;

(qba) The provision and maintenance of, and the execution of work in connexion with, the graves of persons who have died-

(i) while on service as members of the Defence Force; or

(ii) as a result of service as members of the Defence Force;

(qc) Prisoners of war;

(qd) The command and discipline of bodies of the Naval, Military and Air Forces, or of any two of those Forces, when acting together;

(qe) The administration of oaths to, the taking of affidavits of, and the attestation of the execution of documents by, members of the Defence Force while on service outside Australia;

(qf) The execution and revocation of powers of attorney by persons under the age of twenty-one years who are members of the Defence Force and the validity and effect of powers of attorney executed by such persons;

(r) The payment of reasonable compensation for any loss, injury, or damage suffered by reason of the exercise of any of the powers under Part VI of this Act;

(ra) The regulation and control of aerial navigation;

(s) The fixing of penalties for breaches of the regulations, but so that except in the case of a breach of any regulation made under paragraph (ra) no period of imprisonment shall exceed three months and no pecuniary penalty shall exceed Forty dollars; and

(t) The payment of compensation to wives and families of members of the Defence Forces as provided in Part III Division 4 of this Act.
Substituted by No. 98, 1952, s. 2.

(2) The regulations may make provision for or in relation to the certification or proof of the death-

(a) of a member of the Defence Force who died, or is presumed to have died, while on service; and

(b) of a person, not being a member of the Defence Force, who died, or is presumed to have died, while in the hands of an enemy or in other circumstances which make proof of death difficult, being circumstances arising out of-

(i) a war in which the Commonwealth has been or is engaged;

(ii) the war-like operations in Korea after the twenty-sixth day of June, One thousand nine hundred and fifty, or in Malaya after the twenty-eighth day of June, One thousand nine hundred and fifty; or

(iii) such other war or war-like operations as are prescribed.
Omitted by No. 59, 1951, s. 19; inserted by No. 98, 1952, s. 2; amended by No. 20, 1953, s. 3.

(3) For the purposes of paragraphs (qb), (qba), (qe) and (qf) of sub-section (1) of this section and for the purposes of the last preceding sub-section-

(a) a member of the Defence Force shall be deemed to be on service while he is a prisoner of war or interned in a place outside Australia; and

(b) a person, not being a member of the Defence Force, who accompanies a part of the Defence Force shall be deemed to be a member of, and on service with, that part of the Defence Force.
Sub-section (4) omitted by No. 59, 1951, s. 19.
* * * * * * * *
Part XII (ss. 125-137) repealed by No. 51, 1965, s. 23; Parts XIII and XIV (ss. 138-146) repealed by No. 19, 1951, s. 12.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 147.
Part XV inserted by No. 15, 1909, s. 20.

SECT

PART XV-MILITARY COLLEGE
Military College.
Substituted by No. 37, 1910, s. 20.
Sub-section (1) amended by No. 92, 1964, s. 36.
147. (1) There shall be established a Military College under a Commandant, assisted by a staff as prescribed, for the education of candidates for commissions in the Military Forces.

(2) The Commandant shall in each year furnish to the Minister, for presentation to Parliament, a report on the Military College.

DEFENCE ACT 1903-1973 - SECT. 147A.
Admission of students, &c.

SECT

Substituted by No. 92, 1964, s. 37.
147A.** (1) The regulations may make provision for or in relation to-

(a) the admission to the Military College or any other military instructional institution of persons, including persons who are not British subjects or are not ordinarily resident in Australia, for instruction and training;

(b) the ranks and status of students at a military instructional institution;

(c) the instruction, training, conditions of service, discipline, discharge and removal of students at a military instructional institution;

(d) the organization and administration of the Military College and other military instructional institutions; and

(e) the conditions of service of members employed in connexion with the Military College or any other military instructional institution.

(2) The regulations may make different provisions with respect to different classes of persons undergoing instruction at the Military College or any other military instructional institution and may provide that specified provisions of this Act do not apply to or in relation to students at the Military College or other military instructional institution or do so apply subject to such modifications and adaptations as are provided by the regulations.
Section 147B repealed by No. 92, 1964, s. 37; section 148 repealed by No. 51, 1965, s. 24.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 148A.
Admission of certain persons to Military College.

SECT

Inserted by No. 71, 1949, s. 19.
148A. A member of the Defence Force-

(a) who has not attained the age of twenty-seven years;

(b) who has passed the prescribed examination; and

(c) is approved by the Governor-General,
may be admitted, as prescribed, to the Military College.
Sections 149 and 150 repealed by No. 37, 1910, s. 21.
* * * * * * * *

DEFENCE ACT 1903-1973 - SECT. 151.
Pay and allowances.

SECT

Inserted by No. 15, 1909, s. 20.
151. Officers attending the Military College shall receive such pay and allowances as may be prescribed.
Section 152 repealed by No. 37, 1910, s. 21.
* * * * * * * *

-----------

DEFENCE ACT 1903-1973 - FIRST SCHEDULE

SCH


SCHEDULES

FIRST SCHEDULE
Section 6 ------------------------------------------------------------------------------ --
Date or Number of Act Title of Act Where Act passed ------------------------------------------------------------------------------ --
31 Vict. No. 5 The Volunteer Force Regulation Act of 1867 New South Wales 34 Vict. No. 19 The Military and Naval Forces Regulation
Act New South Wales No. 1,083 Defences and Discipline Act 1890 Victoria No. 1,248 Defences and Discipline Act 1891 Victoria 48 Vict. No. 27 55 Vict. No. 17 The Defence Acts 1884 to 1896 Queensland 60 Vict. No. 33 49 Vict. No. 16 The Defence Act 1885 53 Vict. No. 36 The Defence Act 1889 61 Vict. No. 8 The Defence Amendment Act 1897
The Defence Act 1900
Tasmania 55 Vict. No. 7 Safety of Defences Act 1891 57 Vict. No. 18 The Defence Act 1893 56 Vict. No. 4 The Safety of Defences Act 1892 58 Vict. No. 2 The Defence Forces Act 1894 Western Australia 59 Vict. No. 4 The Uniforms Act No. 307 The Naval Discipline Act 1884 South Australia No. 643 The Defences Act 1895 South Australia 57 Vict. No. 1 Federal Garrison Act 1893 Federal Council
of Australasia ------------------------------------------------------------------------------ --

DEFENCE ACT 1903-1973 - SECOND SCHEDULE

SCH

Substituted by No. 92, 1964, s. 39.
SECOND SCHEDULE
Sections 37, 42 and 76

FORM OF OATH ON ENLISTMENT

I, , do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a soldier in the for the period , or until my service is sooner lawfully terminated, that I will resist Her enemies and that in all matters appertaining to my service I will faithfully discharge my duty according to law.

SO HELP ME GOD)

Section 123BA

FORM OF AFFIRMATION ON ENLISTMENT

I, , do solemnly and sincerely promise and declare that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, as a soldier in the for the period , or until my service is sooner lawfully terminated, that I will resist Her enemies and that in all matters appertaining to my service I will faithfully discharge my duty according to law.
Third Schedule repealed by No. 92, 1964, s. 39.
* * * * * * * *
------------------------------------------------------------------------------ --

DEFENCE ACT 1903-1973 - NOTES


NOTES
1. The Defence Act 1903-1973 comprises the Defence Act 1903 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Defence Act 1903 No. 20, 1903 22 Oct 1903 1 Mar 1904 (see
Gazette 1904, p.
119)
Defence Act 1904 No. 12, 1904 9 Dec 1904 9 Dec 1904
Defence Act 1909 No. 15, 1909 13 Dec 1909 1 Jan 1911 (see
Gazette 1910, p.
1571)
Naval Defence Act 1910 No. 30, 1910 25 Nov 1910 25 Nov 1910
Defence Act 1910 No. 37, 1910 1 Dec 1910 1 Dec 1910
Defence Act 1911 No. 15, 1911 22 Dec 1911 22 Dec 1911
Defence Act 1912 No. 5, 1912 4 Sept 1912 4 Sept 1912
Defence Act 1914 No. 36, 1914 21 Dec 1914 21 Dec 1914 (a)
Defence Act 1915 No. 3, 1915 30 Apr 1915 Ss. 4 and 7: 1 Aug
1914
Remainder: 30 Apr
1915
Defence Act 1917 No. 36, 1917 25 Sept 1917 S. 6: 1 Aug 1914
Remainder: 25 Sept
1917
Defence Act 1918 No. 16, 1918 19 June 1918 S. 8: 1 Aug 1914
Remainder: 19 June
1918
Defence Act (No. 2) 1918 No. 47, 1918 25 Dec 1918 25 Dec 1918
Defence Act 1927 No. 1, 1927 8 Apr 1927 8 Apr 1927
Defence Act 1932 No. 50, 1932 21 Nov 1932 21 Nov 1932
Statute Law Revision Act
1934 No. 45, 1934 6 Aug 1934 6 Aug 1934
Defence Act 1939 No. 13, 1939 21 June 1939 6 July 1939 (see
Gazette 1939, p.
1263)
Defence Act (No. 2) 1939 No. 38, 1939 26 Sept 1939 26 Sept 1939
Defence Act (No. 3) 1939 No. 70, 1939 15 Dec 1939 15 Dec 1939
Air Force Act 1939 No. 74, 1939 15 Dec 1939 15 Dec 1939
Defence Act 1941 No. 4, 1941 4 Apr 1941 Ss. 3 and 4: 3 Sept
1939
Remainder: Royal
Assent
Re-establishment and
Employment Act 1945 No. 11, 1945 28 June 1945 27 Aug 1945 (see
Gazette 1945, p.
1859)
Defence (Transitional
Provisions) Act 1947 No. 78, 1947 11 Dec 1947 Ss. 1, 2 and 3:
Royal Assent
Remainder: 1 Jan
1948
Commonwealth Public
Service Act 1948 No. 35, 1948 26 June 1948 1 Sept 1948 (see
Gazette 1948, p.
3115)
Defence Act 1949 No. 71, 1949 28 Oct 1949 1 Jan 1950
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Defence Act 1951 No. 19, 1951 19 July 1951 19 July 1951
Defence Act (No. 2) 1951 No. 59, 1951 11 Dec 1951 S. 6: 1 Jan 1950
Remainder: Royal
Assent
Defence Act 1952 No. 98, 1952 18 Nov 1952 16 Dec 1952
Defence Act 1953 No. 20, 1953 9 Apr 1953 9 Apr 1953
Defence Act 1956 No. 72, 1956 29 Oct 1956 29 Oct 1956
Defence Act 1964 No. 92, 1964 6 Nov 1964 6 Nov 1964
Defence Act 1965 No. 51, 1965 7 June 1965 (b)
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Defence Act 1970 No. 33, 1970 23 June 1970 Ss. 1 (1), 2 and 4:
Royal Assent
Remainder: 1 Oct
1970
(see Gazette 1970,
p. 6551)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) By section 2 of the Defence Act 1915, section 7 of the Defence Act 1914 is deemed to have commenced on 1 August 1914.

(b) By section 2 of the Defence Act 1965, that Act, other than the amendment made by paragraph 3 (b) and sections 12, 20 and 23, commenced on the day on which it received the Royal Assent. Those provisions commenced on dates fixed by Proclamation. The date fixed in respect of the amendment made by paragraph 3 (b) and sections 20 and 23 was 5 November 1965 (see Gazette 1965, p. 4841). The date fixed in respect of section 12 was 17 September 1970 (see Gazette 1970, p. 5842).
The operation of the Defence Act 1903-1973 is affected by the Supply and Development Act 1939-1974. See note 6.

As to application to the Defence Act 1903-1973 to the Naval Forces and the Air Force, see section 5 of the Naval Defence Act 1910-1973 and section 3 of the Air Force Act 1923-1973.

See sections 16, 24 and 25 of the Defence (Visiting Forces) Act 1963-1973 as to the application of that Act and of the Defence Act to the Defence Force and to certain other Naval, Military and Air Forces.
2.-S. 4. definition ''Time of War''-For Proclamations relating to the 1939-1945 war, of the existence of danger of war and of the existence of war, see Gazette 1939, pp. 1845 and 1849, or Statutory Rules 1939, pp. 781 and 782. For a Proclamation declaring that war no longer exists, see Gazette 1952, p. 2481.
3.-Ss. 5, 112 and 123F (2)-Persons presenting themselves for service under section 27 of the National Service Act 1951-1973 are to be deemed to have been enlisted for service in the Regular Army Supplement.
4.-S. 34-See the National Service Act 1951-1973.
5.-S. 57-The Compensation (Australian Government Employees) Act makes provision for the payment of compensation to members of the Defence Force by reason of injury or disease, or loss or destruction of, or damage to, certain property, occurring in circumstances connected with their employment. That Act does not apply in relation to service of a member of the Defence Force in respect of which provision for the payment of pension is made by the Repatriation Act, the Repatriation (Far East Strategic Reserve) Act, the Repatriation (Special Overseas Service) Act, the Interim Forces Benefits Act or the Native Members of the Forces Benefits Act. The Defence Forces Retirements Benefits Act and the Defence Force Retirement and Death benefits Act make provision for retirement and death benefits for members of the Defence Force.
6.-S. 63-For additional powers of the Governor-General in relation to Defence, see section 41 of the Naval Defence Act 1910-1973. Sub-section 45 (3) of the Naval Defence Act 1910-1973 provides that the power to make regulations contained in that section is in addition to any power to make regulations contained in the Defence Act.

Certain powers conferred by section 63 of the Defence Act are suspended during the continuance in operation of the Supply and Development Act 1939-1973 (See section 14 of that Act).
7.-Part VII-Section 49 of the Courts-Martial Appeals Act 1955-1973 provides that a member of the Defence Force who contravenes or fails to comply with a provision of section 43, 44, 45, 46 or 47 of that Act shall be deemed to have committed an offence against the Defence Act.
8.-S. 83 (2)-For a notice specifying certain badges to be emblems to which this section applies, see Gazette 1956, p. 77, or Statutory Rules 1901-1956, Vol. V, p. 5364.
9.-Part VIII-The Courts-Martial Appeals Act 1955-1973 provides for appeals from courts-martial to a Courts-Martial Appeal Tribunal.
10.-S. 98-Sub-section 59 (6) of the Courts-Martial Appeals Act 1955-1973 provides that section 59 of that Act is in addition to and not in derogation of the provisions of section 98 of the Defence Act.
11.-S. 118A (3)-Sections 8 and 140 of the Re-establishment and Employment Act 1945-1973 provide as follows:

''8. Sub-section (3) of section one hundred and eighteen A of the Defence Act 1903-1945 shall, in so far as it is inconsistent with this Division, be inoperative.'' (The Division referred to is Division 1 of Part II).

''140. Sub-section (3) of section one hundred and eighteen A of the Defence Act 1903-1951 is, in so far as it is inconsistent with this Division, inoperative.'' (The Division referred to is Division 2 of Part XI).
12.-S. 123BC-Sub-section 33 (2) of the Defence Act 1964 provides as follows:

''(2) It is hereby declared that the Defence Act 1903, or that Act as amended, in so far as it enacted that provisions of that Act, or of that Act as amended, or of any other law, applied, or might be applied, subject to such modifications as were provided by the regulations, authorized the making of regulations making provisions in addition to, or in substitution for, any of the provisions that might be so modified.''
13.-S. 124-Section 20 of the Defence Act 1949 provides as follows:

''20. (1) Regulations one, one B, six and twelve of the National Security (Military Forces) Regulations, and the National Security (Prisoners of War) Regulations, as in force immediately prior to the commencement of this Act, shall be in force by virtue of this Act but may be amended or repealed by regulations made under the Principal Act as amended by this Act.

''(2) A person shall not contravene, or fail to comply with, any provision of any regulation in force by virtue of this section.

Penalty: One hundred pounds or imprisonment for six months.

''(3) Each order or other instrument, made, given or issued under any provision of the National Security (Military Forces) Regulations as in force immediately prior to the commencement of this Act shall, if a corresponding provision is in force by virtue of this Act, be in force or subsisting as if made, given or issued, under those Regulations as in force by virtue of this Act and those Regulations as so in force shall apply to it accordingly.

''(4) Each order or other instrument made, given or issued under any provision of the National Security (Prisoners of War) Regulations as in force immediately prior to the commencement of this Act shall be in force or subsisting as if made, given or issued under those Regulations as in force by virtue of this Act and those Regulations shall apply to it accordingly.

''(5) Each order or other instrument in force by virtue of either of the last two preceding sub-sections may be amended or revoked by the authority having power under any Regulations in force by virtue of this Act to make, give or issue orders or instruments with respect to the matter dealt with by that order or instrument.''

Regulations 1, 1B, 6 and 12 of the National Security (Military Forces) Regulations were repealed by Statutory Rules 1962, No. 26 (made on 8 March 1962; notified in the Gazette on 15 March 1962; printed in Statutory Rules 1962, p. 127).

The National Security (Prisoners of War) Regulations were repealed by Statutory Rules 1957, No. 53 (made on 25 September 1957; notified in the Gazette on 3 October 1957; printed in Statutory Rules 1957, p. 207).

Sections 3 and 4 of the Defence Act 1952 provide as follows:

''3. Regulations made under the Principal Act as amended by this Act may-

(a) repeal the National Security (War Deaths) Regulations; and

(b) make provision for or in relation to the validity and effect of certificates issued under, or having effect by virtue of, the National Security (War Deaths) Regulations.

''4. The regulations made under the Principal Act prescribing matters providing for and in relation to the certification of death of members of the Defence Force shall be deemed to have been at all times, and to be, as valid and effectual as if made under the Principal Act as amended by this Act.''

The Principal Act referred to in sections 3 and 4 of the Defence Act 1952 is the Defence Act 1903-1951.

The National Security (War Deaths) Regulations were, by section 5 of the Defence Transition (Residual Provisions) Act 1952, kept in force until midnight on 30 June 1953, but were repealed by the Defence (Certification of Deaths) Regulations (Statutory Rules 1953, No. 61), which came into operation on 25 June 1953. The Defence (Certification of Deaths) Regulations are printed in Statutory Rules 1901-1956, Vol. II, p. 2143.
14.-Ss. 124 (1) and 147A-Sub-sections 40 (3) and (4) of the Defence Act 1964 provide as follows:

''(3) All regulations made under the Principal Act that were in force immediately before the date of commencement of this Act continue in force except in so far as they are inconsistent with the Principal Act as amended by this Act, but any such regulation may be amended or repealed by regulations under the Principal Act as amended by this Act.

''(4) Any reference in the regulations continued in force by the last preceding sub-section to the Regular Army Special Reserve shall be read as a reference to the Regular Army Supplement.''

Sub-section 45 (3) of the Naval Defence Act 1910-1973 provides that the power to make regulations contained in that section is in addition to any power to make regulations contained in the Defence Act.