Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Defence Act 1903
In force
Administered by
Attorney-General's Department
Department of Defence
Department of Veterans' Affairs
Department of the Prime Minister and Cabinet
Superseded version
Click for more info
View latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2005C00217
21 March 2005
-
05 October 2005
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part I—Introductory
1 Short title [see Note 1]
3 Commencement of Act [see Note 1]
4 Interpretation [see Note 2]
5 Application of Act
5A Extension of Act to Territories
6 Application of the Criminal Code
7 Act does not appropriate money
Collapse
Part II—Administration
8 Powers of Minister in relation to Defence Force
9 Command of Defence Force and arms of Defence Force
9A Administration of Defence Force
9AA Vice Chief of the Defence Force
9B Remuneration and allowances
9BA Tenure of office
9C Acting appointments
28 Council of Defence
Collapse
Part III—The Defence Force
Collapse
Division 1—Constitution of the Defence Force
30 Defence Force
31 Australian Army
32 Regular Army
32A Army Reserve
32B Attachment etc. of members of an arm of the Defence Force to another arm
Collapse
Division 2—The raising of the Army
34 Voluntary entry
Collapse
Division 3—The service of the Army
45 Service of the Regular Army
50 Service of the Army Reserve
50C Territorial limits of service of Army
Collapse
Division 4—The calling out of the Forces
50D Calling out the Reserves
50E Period of service during call out
Collapse
Part IIIAAA—Utilisation of Defence Force to protect Commonwealth interests, and States and self-governing Territories, against domestic violence
Collapse
Division 1—Calling out and directing utilisation of Defence Force
51 Interpretation
51A Order about utilising Defence Force to protect Commonwealth interests against domestic violence
51B Order about utilising Defence Force to protect State against domestic violence
51C Order about utilising Defence Force to protect self-governing Territory against domestic violence
51D Chief of Defence Force to utilise Defence Force as directed
51E Ministerial directions
51F Assistance to, and cooperation with, State etc.
51G Restriction on certain utilisation of Defence Force
Collapse
Division 2—Powers to recapture buildings and free hostages etc.
51H Application of this Division and Division 4
51I Special powers of members of the Defence Force
Collapse
Division 3—General security area powers
Collapse
Subdivision A—Application of this Division and Division 4
51J Application of this Division and Division 4
Collapse
Subdivision B—Powers that may be exercised anywhere in a general security area
51K Declaration of general security area
51L Authorisation to search premises in the general security area for dangerous things
51M Copy of search authorisation to be given to occupier etc.
51N Occupier etc. entitled to be present during search
51O Search of means of transport in the general security area for dangerous things
51P Search of persons in the general security area for dangerous things
Collapse
Subdivision C—Powers that may be exercised only in relation to a designated area in the general security area
51Q Declaration of designated area
51R Control of movement in relation to a designated area in the general security area
51S Members to wear uniforms and identification when exercising powers
Collapse
Division 4—Provisions common to Divisions 2 and 3
Collapse
Subdivision A—Use of reasonable and necessary force
51T Use of reasonable and necessary force
51U Persons to be informed of offence if detained
Collapse
Subdivision B—Action to be taken if dangerous things are seized
51V Action to be taken if dangerous things are seized
Collapse
Subdivision C—Members not entitled to exercise powers if obligations not complied with
51W Members not entitled to exercise powers if obligations not complied with
Collapse
Division 5—Miscellaneous
51X Publication of order and report
51XA Review of operation of Part
51Y Part additional to other Defence Force utilisation and powers
Collapse
Part IIIAA—Superannuation benefit
52 Determination of benefit
53 Trustee of scheme providing superannuation benefit
Collapse
Part IIIA—Remuneration, allowances and other benefits
Collapse
Division 1—Determinations by the Minister
58A Interpretation
58B Minister may make determinations
58C Tabling, disallowance etc. of determinations
58E Delegation
Collapse
Division 2—The Defence Force Remuneration Tribunal
58F Interpretation
58G Establishment of Defence Force Remuneration Tribunal
58H Functions and powers of Tribunal
58HA Hearings in relation to discriminatory determinations
58HB Review of discriminatory determinations
58J Reports by Tribunal
58K Procedure of Tribunal
58KA Single member may conduct Tribunal’s business
58KB Procedure where single member is conducting Tribunal’s business
58KC Review of action etc. of single member
58KD Determinations giving effect to agreement between the parties
58L Terms and tenure of office
58M Resignation
58N Termination of appointment
58P Acting appointments
58Q Fees and allowances
Collapse
Division 3—The Defence Force Advocate
58R Interpretation
58S Defence Force Advocate
58T Functions of Advocate
58U Tenure and terms of office
58V Resignation
58W Termination of appointment
58X Acting Defence Force Advocate
58Y Fees and allowances
Collapse
Part IV—Liability to serve in the Defence Force in time of war
Collapse
Division 1—Liability to serve
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
Collapse
Division 2—Determination of conscientious belief
61CA Application for determination of conscientious belief
61CB Secretary must refer application
61CC Function of Conscientious Objection Tribunals
61CD Parties to the hearing of an application
61CE Notice of determination to be given to parties
Collapse
Division 3—Establishment and membership of Conscientious Objection Tribunals
61CF Establishment of Conscientious Objection Tribunals
61CG Period of appointment of members
61CH Remuneration and allowances of members
61CJ Other terms and conditions
61CK Leave of absence
61CL Resignation
61CM Removal from office
61CN Member of a Tribunal unavailable to complete proceeding
61CO Acting appointments
Collapse
Division 4—Procedures of Conscientious Objection Tribunals
61CP Tribunals’ way of operating
61CQ Powers of Tribunals
61CR Procedure of Tribunals
61CS Majority decision
61CT Procedure where opinion of members equally divided
61CU Hearings
61CV Onus of proof
61CW Protection of members and persons giving evidence etc.
61CX Fees for persons giving evidence
61CY Failure of witness to attend
61CZ Refusal to be sworn or to answer questions etc.
61CZA Contempt of Tribunal
Collapse
Division 5—Reviews and appeals
61CZB Review of determinations of Conscientious Objection Tribunals
61CZC AAT Act to apply subject to modification
61CZD Appeals from AAT
61CZE Operation etc. of decision subject to appeal
Collapse
Part V—Cadets
62 Australian Army Cadets
Collapse
Part VI—Special powers in relation to defence
63 General powers for defence purposes [see Note 3]
64 Control of railways in time of war
65 Railways to carry troops etc. when required
66 Conveyance by railway and tramway
67 Registration and impressment of vehicles etc.
68 Billeting and quartering
70 Tolls
Collapse
Part VII—Offences
73A Unlawfully giving or obtaining information as to defences
73F Penalty
79 Unlawfully disposing of arms etc.
80A Falsely representing to be returned soldier, sailor or airman
80B Improper use of service decorations
82 Sketching etc. of fortifications prohibited
83 Unauthorised use, possession or supply of emblems or flags
84 Penalty for bringing contempt on uniform
Collapse
Part VIII—Offences in relation to service tribunals
86 Failure of witness to appear
88 False or misleading evidence
89 Contempt of service tribunals etc.
90 Failure to comply with order under section 140 of the Defence Force Discipline Act 1982
Collapse
Part VIIIA—Testing for prohibited substances
Collapse
Division 1—Preliminary
91 Application of Part
92 Object of Part
93 Definitions
93A Authorised person
93B Determinations about prohibited substances and prohibited substance tests
Collapse
Division 2—Testing for prohibited substances
94 Requirement to undergo a prohibited substance test
95 Conduct of testing
96 Notice to person required to provide a sample
Collapse
Division 3—Return of a positive test result
98 Application
100 Notice to be given of a positive test result
101 Termination or discharge
102 Form and date of effect of termination or discharge
103 Reduction in rank
104 Warning if a prohibited substance test returns a positive result
Collapse
Division 4—Miscellaneous
106 Failure to provide sample
107 Unauthorised acts in relation to sample
108 Finding made as a result of testing not admissible in certain criminal proceedings
109 Defence Instructions
110 Other administrative action not precluded
Collapse
Part IX—Legal procedure
111 Subscription, arms etc. vested in commanding officer
111A Property of Rifle Club vested in Captain
Collapse
Part IXA—Provisions relating to the forces of other countries
Collapse
Division 1—Interpretation
116A Interpretation
Collapse
Division 2—Attachment of personnel and mutual powers of command
116B Attachment to the Defence Force of members of the forces of another country and vice versa
116C Forces serving together
116D Corresponding ranks
Collapse
Division 3—Absentees without leave
116E Interpretation
116F Apprehension of absentees without leave
116G Detention of illegal absentee
116H Disposal of person in custody
116J Evidence for the purposes of this Division
116K Proof of facts by certificate
Collapse
Division 4—Miscellaneous
116M Delegation
116N Orders
Collapse
Part IXB—Public areas of defence land
116P Interpretation
116Q Public areas of defence land
116R Delegation
116S Appointment of rangers
116T Rangers ex officio
116U Identity cards
116V Powers of arrest
116W General powers of rangers
116X Seizure and forfeiture
116Y Assaulting etc. rangers
116ZA Officers and employees of governments and authorities
116ZB Prosecution of offences
116ZC Concurrent operation of State and Territory laws
116ZD By-laws
Collapse
Part IXC—Salvage claims
117 Interpretation
117A Salvage claims by crew of Naval ships
117AA Apportionment of salvage between the Commonwealth and crew members
117AB Apportionment of salvage amongst crew members
Collapse
Part X—Miscellaneous
117B Members and former members may bring actions for money due in respect of service
118 Penalty against raising forces without authority
118A Employer not to prevent employee from serving
118B Enlistment of apprentices in time of war
119 Forfeiture or suspension of salary in certain circumstances
120 Notice etc. need not be in writing unless required herein
120A Delegation
120B Attachment of salaries of members
121 Proof of order
122 Appointments etc. not invalid because of defect etc. in connection with appointment
122AA Taxation consequences of disposals of assets to defence companies
122A Immunity of Australian Defence Industries Pty Ltd from certain State and Territory laws
123 Immunity from certain State and Territory laws
123A Intoxicating liquor
123AA Intoxicating liquor not to be supplied to cadets
123B Religion
123F Certain persons not permitted to serve in Defence Force
123G Orders in relation to rifle ranges
Collapse
Part XI—Regulations
Collapse
124 Regulations [see Note 3]
Notes to the STYLEREF ShortT \* MERGEFORMAT Defence Act 1903