Australian Government

Federal Register of Legislation

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Superseded version

View latest version

View as made version

C2014C00592

09 August 2014 - 24 March 2015

Table of contents

Part I—Introductory
- 1 Short title
- 3 Commencement of Act
- 4 Interpretation
- 5 Application of Act
- 5A Extension of Act to Territories
- 6 Application of the Criminal Code
- 7 Act does not appropriate money
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
Part III—The Defence Force
- Division 1—Constitution of the Defence Force
- Division 2—The raising of the Army
- 34 Voluntary entry
- 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
- Division 4—The calling out of the Forces
- 50D Calling out the Reserves
- 50E Period of service during call out
Part IIIAAA—Utilisation of Defence Force to protect Commonwealth interests and States and self governing Territories
- 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
  - 51AA Order about utilising Defence Force in the offshore area etc. to protect Commonwealth interests
  - 51AB Order about utilising Defence Force to protect Commonwealth interests against violence if specified circumstances arise
  - 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
  - 51CA Expedited call out
  - 51CB Declaration of designated critical infrastructure
  - 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
- Division 2—Powers to recapture locations or things, prevent or end acts of violence and protect persons from acts of violence
  - 51H Application of this Division and Division 4
  - 51I Special powers of members of the Defence Force
- Division 2A—Powers to protect designated critical infrastructure
  - 51IA Application of this Division and Division 4
  - 51IB Powers to protect designated critical infrastructure
- Division 3—General security area powers
  - Subdivision A—Application of this Division and Division 4
    - 51J Application of this Division and Division 4
  - 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
  - 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
- Division 3A—Powers in the Australian offshore area etc.
- Subdivision A—Preliminary
  - 51SA Application of this Division and Division 4
  - 51SB Geographic application
  - 51SC International obligations
  - 51SD Definitions
- Subdivision B—Special powers of members of the Defence Force
  - 51SE Special powers of members of the Defence Force
- Subdivision C—Powers that may be exercised anywhere in an offshore area
  - 51SF Declaration of offshore general security area
  - 51SG Authorisation to search facilities in the offshore general security area for dangerous and other things
  - 51SH Copy of offshore search authorisation to be given to occupier etc.
  - 51SI Occupier etc. entitled to be present during search
  - 51SJ Search of vessel or aircraft in the offshore general security area for dangerous or other things
  - 51SK Search of persons in the offshore general security area for dangerous and other things
- Subdivision D—Powers that may be exercised only in relation to an offshore designated area in the offshore general security area
  - 51SL Declaration of offshore designated area
  - 51SM Control of movement in relation to an offshore designated area in the offshore general security area
  - 51SN Members to wear uniforms and identification when exercising powers
- Subdivision E—Other powers
  - 51SO Power to require person to answer questions or produce documents
  - 51SP Power to require person to operate facility, vessel or aircraft or machinery or equipment
  - 51SQ Geographical jurisdiction for offences
- Division 3B—Powers relating to aircraft
- 51SR Application of this Division and Division 4
- 51SS Geographical application
- 51ST Special powers of members of the Defence Force
- Division 4—Provisions common to Divisions 2 to 3B
- Subdivision A—Use of reasonable and necessary force
  - 51T Use of reasonable and necessary force
  - 51U Persons to be informed of offence if detained
- Subdivision B—Action to be taken if things are seized
  - 51V Action to be taken if things are seized
- 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
- Division 4A—Applicable criminal law
- 51WA Applicable criminal law
- 51WB Defence of superior orders in certain circumstances
- Division 5—Miscellaneous
- 51X Publication of order and report
- 51XA Review of operation of Part
- 51XB Instruments that are not legislative instruments
- 51Y Part additional to other Defence Force utilisation and powers
Part IIIAA—Superannuation benefit
- 52 Determination of benefit
- 53 Trustee of scheme providing superannuation benefit
Part IIIA—Remuneration, allowances and other benefits
- Division 1—Determinations by the Minister
- Division 2—The Defence Force Remuneration Tribunal
- Division 3—The Defence Force Advocate
Part IV—Liability to serve in the Defence Force in time of war
- Division 1—Liability to serve
- Division 2—Determination of conscientious belief
- Division 3—Establishment and membership of Conscientious Objection Tribunals
- Division 4—Procedures of Conscientious Objection Tribunals
- Division 5—Reviews and appeals
Part V—Cadets
- 62 Australian Army Cadets
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 etc. when required
- 66 Conveyance by railway and tramway
- 67 Registration and impressment of vehicles etc.
- 68 Billeting and quartering
- 70 Tolls
Part VIA—Security of defence premises
- Division 1—Preliminary
  - 71 Simplified outline
  - 71A Definitions
- Division 2—Defence security officials
- Division 3—Powers exercisable with consent at defence access control points and on defence premises
- Division 4—Powers exercisable without consent at defence access control points and on defence premises
- Division 5—Seizure
  - 72 Power to seize things on defence premises
- Division 6—Matters relating to exercise of powers under Part
- Division 7—Other matters
Part VIB—The Woomera Prohibited Area
- 72T Definitions
- 72TA The Woomera Prohibited Area
- 72TB Application of this Part and Part VII of the Defence Force Regulations 1952
- 72TC Offence—being in the Woomera Prohibited Area without permission
- 72TD Standing permission
- 72TE Permits
- 72TF Minister’s permission
- 72TG Offence—failing to comply with conditions
- 72TH Minister may suspend permission
- 72TJ Minister may give directions
- 72TK Compensation for acquisition of property
- 72TL Compensation for loss or damage
- 72TM Review of decisions
- 72TN Delegation
- 72TP The Woomera Prohibited Area Rules
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
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
Part VIIIA—Testing for prohibited substances
- Division 1—Preliminary
- Division 2—Testing for prohibited substances
- Division 3—Return of a positive test result
- Division 4—Miscellaneous
Part VIIIB—Inspector General of the Australian Defence Force
- Division 1—Establishment and functions of the Inspector General of the Australian Defence Force
- Division 2—Administrative provisions about the Inspector General of the Australian Defence Force
- Division 3—Other matters
Part VIIIC—Defence Honours and Awards Appeals Tribunal
- Division 1—Preliminary
  - 110T Definitions
- Division 2—Establishment and functions of Defence Honours and Awards Appeals Tribunal
- Division 3—Review of decisions by the Tribunal
- Division 4—Inquiries by the Tribunal
  - 110W Minister may direct Tribunal to hold inquiry
- Division 5—General provisions relating to operation of the Tribunal
- Division 6—Tribunal members
- Division 7—Miscellaneous
  - 110Z Regulations
Part IX—Legal procedure
- 111 Subscription, arms etc. vested in commanding officer
- 111A Property of Rifle Club vested in Captain
Part IXA—Provisions relating to the forces of other countries
- Division 1—Interpretation
  - 116A Interpretation
- Division 2—Attachment of personnel and mutual powers of command
- Division 3—Absentees without leave
- Division 4—Miscellaneous
  - 116M Delegation
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
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
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
- 121A Validation of declaration and past acts in relation to the Woomera Prohibited Area
- 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
- 122B Exercise of rights and discharge of duties and obligations by legal officers
- 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
- 123H Tactical payment scheme for activities of the Defence Force outside Australia
- 123J Delegations in relation to the tactical payment scheme
Part XI—Regulations
- 124 Regulations
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Uncommenced amendments [none]
- Endnote 6—Modifications [none]
- Endnote 7—Misdescribed amendments [none]
- Endnote 8—Miscellaneous [none]