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A Bill for an Act to effect by Act of the Parliament the posthumous promotion of Sir John Monash from the rank of General to the rank of Field Marshal
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Registered 22 Oct 2018
Introduced HR 22 Oct 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Defence (Honour General Sir John Monash) Amendment Bill 2018

 

No.      , 2018

 

(Ms McGowan)

 

 

 

A Bill for an Act to effect by Act of the Parliament the posthumous promotion of Sir John Monash from the rank of General to the rank of Field Marshal

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

4............ Objects of this Act.............................................................................. 2

5............ The promotion of General Sir John Monash....................................... 2

6............ Limitations on the operation of this Act.............................................. 3

Schedule 1—Amendments                                                                                                4

Defence Act 1903                                                                                                         4

 

 


A Bill for an Act to effect by Act of the Parliament the posthumous promotion of Sir John Monash from the rank of General to the rank of Field Marshal

The Parliament of Australia enacts:

1  Short title

                   This Act is the Defence (Honour General Sir John Monash) Amendment Act 2018.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Objects of this Act

                   Upon the centenary this year of the unique role of the late General Sir John Monash in commanding victorious Australian Forces in the First World War, the object of this Act is to honour the late General Monash by deeming him to have been promoted during his lifetime to the rank of Field Marshal upon the date of his return to the Active Duty List.

5  The promotion of General Sir John Monash

             (1)  The late General Sir John Monash is hereby deemed to have been promoted in the Australian Regular Army to the rank of Field Marshal on 1 January 1931, the date of his return to the Active Duty List.

             (2)  This Act authorises and permits the Executive, the Parliament, the Judicature, all Commonwealth bodies and all persons throughout the Commonwealth to recognise, describe and refer to the late General Sir John Monash by the title “Field Marshal” in substitution for the title “General” on and from the date of the commencement of this Act.

6  Limitations on the operation of this Act

             (1)  To avoid doubt:

                     (a)  no person may make any financial claim upon the Commonwealth arising out of or in any way related to the promotion of General Sir John Monash that is deemed to be effected by this Act; and

                     (b)  the seniority in rank, precedence or entitlements of any past or present member of the Australian Defence Force, or its predecessor Forces, is not impaired, improved or otherwise changed by the promotion of General Sir John Monash that is deemed to be effected by this Act; and

                     (c)  this Act does not require the making of any alteration of, or deletion from, or addition to, any existing record held by the Commonwealth that as at the date of commencement of this Act refers to the late Sir John Monash by the title “General”; and

                     (d)  this Act is not intended to change any practice, procedure or custom as to the promotion or address of members of the Australian Defence Force.

             (2)  Subsection 5(2) of this Act is not intended to create any enforceable duty at law upon any person to use the title “Field Marshal” in substitution for the title “General” when referring to the late General Sir John Monash and any contravention of that subsection:

                     (a)  does not create an offence or a civil penalty, under the law of the Commonwealth; and

                     (b)  shall not be used for any purpose in any civil action at law or in equity or in any administrative action or review.

Schedule 1Amendments

  

Defence Act 1903

1  After section 7

Insert:

7A  Defence (Honour General Sir John Monash) Amendment Act 2018

                         To avoid doubt, the Defence (Honour General Sir John Monash) Amendment Act 2018:

                     (a)  does not expressly or impliedly amend this Act or the regulations; and

                     (b)  may not be used in the interpretation of this Act or the regulations.