Defence Act 1903No. 20, 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Superseded version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

C2016C00540 C66

10 March 2016 - 30 June 2016

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
- 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
- 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
- Division 3A—Powers in the Australian offshore area etc.
- Division 3B—Powers relating to aircraft
- Division 4—Provisions common to Divisions 2 to 3B
- Division 4A—Applicable criminal law
  - 51WA Applicable criminal law
  - 51WB Defence of superior orders in certain circumstances
- Division 5—Miscellaneous
Part IIIAA—Superannuation
- 52 Determination of benefit
- 52A Department’s employer superannuation contributions
- 52B Providing information to CSC in relation to invalidity
- 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 VIIID—Director of Defence Counsel Services
- 110ZA Director of Defence Counsel Services
- 110ZB Functions and powers of the Director of Defence Counsel Services
- 110ZC Delegation
- 110ZD Protection from action
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

Federal Register of Legislation

Federal Register of Legislation annual survey

Defence Act 1903No. 20, 1903

Federal Register of Legislation annual survey

Defence Act 1903No. 20, 1903

Legislation text