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Defence Force Regulations 1952

Authoritative Version
SR 1952 No. 29 Regulations as amended, taking into account amendments up to Defence Force Amendment Regulations 2011 (No. 1)
Principal Regulations
Administered by: Defence
Registered 16 Mar 2011
Start Date 16 Mar 2011
End Date 03 Jun 2013
Date of repeal 01 Oct 2016
Repealed by Defence Regulation 2016
Table of contents.
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Collapse Part I Preliminary 
Part I Preliminary
1 Name of regulations [see Note 1]
3 Interpretation
3A Delegations
Expand Part II Command of Forces acting together 
Part II Command of Forces acting together
Expand Part 3 Aid to civilian authorities 
Part 3 Aid to civilian authorities
Expand Part IV Administration of oaths etc 
Part IV Administration of oaths etc
Expand Part V Powers of attorney 
Part V Powers of attorney
Expand Part VI Disposal of dead bodies of members of the Defence Force 
Part VI Disposal of dead bodies of members of the Defence Force
Expand Part VII Defence areas 
Part VII Defence areas
Expand Part VIII Attachment of members 
Part VIII Attachment of members
Expand Part IXA Salvage claims 
Part IXA Salvage claims
Expand Part X Visiting forces 
Part X Visiting forces
Expand Part XI Defence practice areas 
Part XI Defence practice areas
Expand Part XII Surveys 
Part XII Surveys
Expand Part 12A Provision of certain goods and services for Defence Force members 
Part 12A Provision of certain goods and services for Defence Force members
Expand Part XIII Suspension and forfeiture of salary and allowances 
Part XIII Suspension and forfeiture of salary and allowances
Expand Part XIIIA Delegations by the Minister 
Part XIIIA Delegations by the Minister
Expand Part XIV Payment of fines 
Part XIV Payment of fines
Expand Part 15 Redress of grievances 
Part 15 Redress of grievances
Expand Part 15A Defence Honours and Awards Appeals Tribunal 
Part 15A Defence Honours and Awards Appeals Tribunal
Expand Part XVI Miscellaneous 
Part XVI Miscellaneous

Defence Force Regulations 1952

Statutory Rules 1952 No. 29 as amended

made under the

This compilation was prepared on 16 March 2011
taking into account amendments up to SLI 2011 No. 22

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part I                            Preliminary                                                                 

                        1      Name of regulations [see Note 1]                                     7

                        3      Interpretation                                                                   7

                      3A      Delegations                                                                    7

Part II                           Command of Forces acting together                  

                        4      Joint orders                                                                    9

                        5      Powers of Navy or Army officers etc when acting with Air Force       9

                        6      Powers of Navy or Air Force officers etc when acting with Army       9

                        7      Powers of Army or Air Force officers etc when acting with Navy       10

                        8      Corresponding ranks                                                     11

                        9      Delegation of power to make joint order                         12

                       10      Joint orders by officers in command                              12

                       11      Orders and delegations not to lapse                               13

Part 3                          Aid to civilian authorities                                        

                    11A      Application of Part 3                                                     14

                    11B      Responsibility of Chief of Defence Force                       14

                    11C      Ministerial directions                                                      14

                    11D      Assistance to, and cooperation with, State etc                15

Part IV                        Administration of oaths etc                                    

                       15      Interpretation                                                                 16

                       16      Administration of oaths etc                                            17

                       17      Validity of administration of oaths etc                            17

                       18      Particulars in jurat                                                          17

                       19      Compliance with form provided by Commonwealth, State or Territory law sufficient   17

                       20      Affidavit admissable in evidence without proof of rank of officer administering it etc 18

                       21      False statements                                                           18

Part V                          Powers of attorney                                                   

                       22      Interpretation                                                                 19

                       23      Powers of attorney executed by members of the Defence Force under twenty‑one years       19

                       24      Attorney’s power limited                                                19

                       25      Effect of revocation etc                                                 19

Part VI                        Disposal of dead bodies of members of the Defence Force  

                       26      Definitions                                                                    21

                       27      Disposal of dead bodies of members of the Defence Force            21

                       28      State law not to apply                                                    21

                       29      Post mortems and certificates of death                          22

                       30      Persons to furnish particulars on request                        22

                       31      War graves                                                                   22

Part VII                       Defence areas                                                           

                       32      Interpretation — Part VII                                                 24

                       33      Regulations to bind the Crown                                       24

                       34      Entry upon and use of land                                            25

                       35      Prohibited areas                                                            25

                       36      Compensation                                                               26

                       37      Smoking etc in protected place                                      27

                       38      Canteens                                                                      27

                    38A      Transport etc in the Woomera Area                                 28

Part VIII                      Attachment of members                                         

                       39      Attachment of members                                                29

                       40      Delegation by a service chief                                         29

Part IXA                     Salvage claims                                                          

                    43A      Apportionment of salvage amongst crew members         31

Part X                          Visiting forces                                                           

                       44      Declaration of countries to which Part IXA of the Act applies            32

                       45      Form of warrant                                                             33

                       46      Sentences imposed by service tribunals of other countries 33

                       47      Evidence of facts by certificate                                     34

Part XI                        Defence practice areas                                           

                       48      Interpretation of Part XI                                                  35

                       49      Declaration of defence practice area                              35

                       50      Tabling and disapproval of declarations                         36

                       51      Authorisation to carry out a defence operation or practice 37

                       52      Notice to public of operation or practice                         37

                       53      Offences relating to a defence practice area                   38

                       54      Removal from defence practice area                              41

                       55      Duties etc of authorized officers                                    41

                       56      Obstructing or hindering member of Defence Force etc   41

                       57      Compensation for loss, injury or damage                       42

                    57A      Review of decisions: compensation                               43

                    57B      Delegation by Secretary                                                45

                  57BA      Delegation of power to authorise defence operation or practice involving Defence Force only                                                                                    45

                  57BB      Delegation of power to authorise joint defence operation or practice 46

                  57BC      Delegation of power to permit conduct that may disturb or interfere with the operation of equipment                                                                     47

                    57C      Other defence operations and practices                         48

Part XII                       Surveys                                                                       

                       58      Authority to enter land                                                   49

Part 12A                    Provision of certain goods and services for Defence Force members       

Division 1                    Interpretation                                                                  

                    58A      Definition for Part 12A                                                   50

Division 2                    Furniture and electricity                                                  

                    58C      Provision of furniture                                                     50

                    58D      Provision of electricity                                                   50

Division 3                    Medical and dental treatment                                          

                    58E      Interpretation                                                                 51

                     58F      Provision of medical and dental treatment                      51

                    58G      Recovery of the costs of treatment in certain circumstances 52

Part XIII                      Suspension and forfeiture of salary and allowances   

                       59      Interpretation                                                                 54

                       60      Suspension of salary and allowances                             56

                       61      Certificate of commanding officer                                  56

                       62      Effect of suspension                                                     57

                       63      Cessation of suspension: absence without leave            57

                       64      Cessation of suspension — civil custody                       58

                       65      Forfeiture of salary and allowances — absence without leave           59

                       66      Forfeiture of salary and allowances — civil custody        59

                       67      Forfeiture of salary and allowances — imprisonment       60

                       68      Forfeiture of salary and allowances — detention under service law    60

                       69      Conviction quashed or set aside                                    61

                       70      Death of a member during suspension                           62

                       71      Review of decisions                                                      63

                       72      Recovery of forfeited amounts                                      64

Part XIIIA                  Delegations by the Minister                                   

                    72A      Delegations of power to make determinations                65

Part XIV                     Payment of fines                                                       

                       73      Re‑imbursement of the Commonwealth                           67

Part 15                       Redress of grievances                                            

                       74      Interpretation                                                                 68

                       75      Making a complaint                                                       68

                       76      Exceptional circumstances — complaints                       70

                       77      Inquiry into complaint                                                    70

                       78      Delayed inquiries                                                           71

                       79      Suspension of consideration of complaint                      71

                       80      Resumption of consideration of complaint                     72

                       81      Decision on complaints                                                 72

                       82      Referral of complaint if member not satisfied with decision 73

                       83      Exceptional circumstances — referred complaints          73

                       84      Suspension of consideration of referred complaints       73

                       85      Resumption of consideration of referred complaints       74

                       86      Decision on referred complaints                                     74

                       87      Further referral of officer’s complaints                            75

                       88      Exceptional circumstances — complaints referred to Chief of the Defence Force      75

                       89      Suspension of consideration of complaints referred to Chief of the Defence Force   75

                       90      Resumption of consideration of complaints referred to Chief of the Defence Force   76

                       91      Decision on complaints referred to Chief of the Defence Force        76

                       92      Offences in relation to complaints                                  77

                       93      Delegations                                                                  77

Part 15A                    Defence Honours and Awards Appeals Tribunal          

                    93A      Definitions                                                                    79

                    93B      Meaning of defence honour                                            79

                    93C      Meaning of defence award                                             79

                    93D      Disclosure of information                                              79

                    93E      Remuneration                                                                80

                     93F      Travel allowance                                                            80

Part XVI                     Miscellaneous                                                           

                       94      Administration fee: deduction from salary                       81

                       95      Body corporate declared for the purposes of subsection 123 (2) of the Act  81

Schedule 1                  Form of warrant                                                           82

Schedule 2                  Charge for each day on which member was an in‑patient at a service or Repatriation hospital in a State                                                                      84

Schedule 3                  Defence honours and awards                                       86

Part 1                             Defence honours                                                           86

Part 2                             Defence awards                                                            87

Notes                                                                                                          90

 


Part I                  Preliminary

  

1              Name of regulations [see Note 1]

                These regulations are the Defence Force Regulations 1952.

3              Interpretation

         (1)   In these Regulations, unless the contrary intention appears:

affidavit includes an affirmation, statutory or other declaration, acknowledgment or examination.

oath includes an affirmation or declaration.

sworn includes affirmed or declared.

the Act means the Defence Act 1903.

         (2)   In these Regulations, a term used in relation to the Navy, the Army or the Air Force has the same meaning as in the Naval Forces Regulations, the Australian Military Regulations or the Air Force Regulations, as the case may be.

3A           Delegations

         (1)   The Minister may delegate, in writing, any of his or her powers under these Regulations to:

                (a)    an officer of the Navy who holds the rank of Commodore, or a higher rank; or

               (b)    an officer of the Army who holds the rank of Brigadier, or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Air Commodore, or a higher rank; or

               (d)    the Secretary of the Department; or

                (e)    an SES employee performing duty in the Department; or

                (f)    any other APS employee who, for the time being, is performing duties in the Department at a classification for which the minimum rate of salary exceeds the maximum rate of salary that applies to the Executive Level 2 classification in the Department.

         (2)   The Minister may also delegate, in writing, his or her powers under regulation 58G to:

                (a)    an officer of the Navy who holds the rank of Captain; or

               (b)    an officer of the Army who holds the rank of Colonel; or

                (c)    an officer of the Air Force who holds the rank of Group Captain; or

               (d)    an APS employee (except the Secretary of the Department or an APS employee mentioned in paragraph (1) (e) or (f)) who, for the time being, is performing duties in the Department at a classification for which the minimum rate of salary exceeds the maximum rate of salary that applies to the Executive Level 1 classification in the Department.

Note   For the effect of a delegation, see s. 34AB of the Acts Interpretation Act 1901.


 

Part II                 Command of Forces acting together

  

4              Joint orders

                When a member or part of the Navy, a member or part of the Army and a member or part of the Air Force, or a member or part of one of those arms of the Defence Force and a member or part of another of those arms of the Defence Force, are acting together, the Chief of the Defence Force may make an order declaring that the members or parts are acting together.

5              Powers of Navy or Army officers etc when acting with Air Force

                When:

                (a)    a member or part of the Navy and a member or part of the Army; or

               (b)    a member or part of either of those arms of the Defence Force;

are or is acting together with a member or part of the Air Force under an order made pursuant to this Part:

                (c)    an officer, or a sailor holding the rank of leading seaman or a higher rank, in the Navy who is so acting, or who is a member of the part of the Navy so acting; or

               (d)    an officer, warrant officer or non‑commissioned officer in the Army who is so acting, or who is a member of the part of the Army so acting;

shall be entitled to exercise powers of command in relation to that member or part of the Air Force as if he held in the Air Force a rank that is a corresponding rank in relation to the rank held by him in the Navy or the Army.

6              Powers of Navy or Air Force officers etc when acting with Army

                When:

                (a)    a member or part of the Navy and a member or part of the Air Force; or

               (b)    a member or part of either of those arms of the Defence Force;

are or is acting together with a member or part of the Army under an order made pursuant to this Part:

                (c)    an officer, or a sailor holding the rank of leading seaman or a higher rank, in the Navy who is so acting, or who is a member of the part of the Navy so acting; or

               (d)    an officer, warrant officer or non‑commissioned officer in the Air Force who is so acting, or who is a member of the part of the Air Force so acting;

shall be entitled to exercise powers of command in relation to that member or part of the Army as if he held in the Army a rank that is a corresponding rank in relation to the rank held by him in the Navy or the Air Force.

7              Powers of Army or Air Force officers etc when acting with Navy

                When:

                (a)    a member or part of the Army and a member or part of the Air Force; or

               (b)    a member or part of either of those arms of the Defence Force;

are or is acting together with a member or part of the Navy under an order made pursuant to this Part:

                (c)    an officer, warrant officer or non‑commissioned officer in the Army who is so acting, or who is a member of the part of the Army so acting; or

               (d)    an officer, warrant officer or non‑commissioned officer in the Air Force who is so acting, or who is a member of the part of the Air Force so acting;

shall be entitled to exercise powers of command in relation to that member or part of the Navy as if he held in the Navy a rank that is a corresponding rank in relation to the rank held by him in the Army or the Air Force.

8              Corresponding ranks

         (1)   For the purposes of these Regulations, a rank specified in an item in the following table is a corresponding rank in relation to any other rank specified in that item:

 

Column 1

Column 2

Column 3

Column 4

Item

Navy

Army

Air Force

1

Admiral of the Fleet

Field Marshal

Marshal of the Royal Australian Air Force

2

Admiral

General

Air Chief Marshal

3

Vice‑Admiral

Lieutenant‑General

Air Marshal

4

Rear‑Admiral

Major‑General

Air Vice‑Marshal

5

Commodore

Brigadier

Air Commodore

6

Captain

Colonel

Group Captain

7

Commander

Lieutenant‑Colonel

Wing Commander

8

Lieutenant‑
Commander

Major

Squadron Leader

9

Lieutenant

Captain

Flight Lieutenant

10

Sub‑Lieutenant

Lieutenant

Flying Officer

11

Acting Sub‑Lieutenant

Second Lieutenant

Pilot Officer

12

Midshipman

Officer Cadet

Officer Cadet

13

Warrant Officer

Warrant Officer, Class 1

Warrant Officer

14

Chief Petty Officer

Warrant Officer, Class 2

Flight Sergeant

15

 

Staff Sergeant

 

16

Petty Officer

Sergeant

Sergeant

17

Leading Seaman

Corporal

Corporal

18

 

Lance Corporal

 

19

Able Seaman

 

Leading Aircraftman

20

Seaman

Private

Aircraftman

         (2)   Any reference in an item in the table in subregulation (1) to a rank in an arm of the Defence Force shall be read as including a reference to any other rank, in the same arm of the Defence Force, not specified in that table, that under the law governing that arm of the Defence Force is equivalent to the rank specified in that item.

9              Delegation of power to make joint order

         (1)   The Chief of the Defence Force may, by instrument, delegate to any person, either generally or in relation to a particular locality specified in the instrument of delegation, the power conferred upon him by this Part, so that the delegated power may be exercised, either generally or in relation to that locality, as the case may be, as fully and effectually by the delegate as by the delegant.

         (2)   A delegation under this regulation is revocable at will and does not prevent the exercise by the delegant of the delegated power.

10            Joint orders by officers in command

         (1)   When a member or part of the Navy, a member or part of the Army and a member or part of the Air Force, or a member or part of one of those arms of the Defence Force and a member or part of another of those arms of the Defence Force, are acting together, and reference to the appropriate authorities or persons empowered under the preceding provisions of this Part to make an order declaring that the members or parts are so acting would occasion undue delay, the respective officers in command of each member or part of the arms of the Defence Force may make that order if:

                (a)    in the case of a body of the Navy, the officer in command of that body is not below the rank of Lieutenant‑ Commander;

               (b)    in the case of a body of the Army the officer in command of that body is not below the rank of Major; and

                (c)    in the case of a body of the Air Force, the officer in command of that body is not below the rank of Squadron‑ Leader.

         (2)   Where an officer makes an order under this regulation, he shall report the fact and the circumstances to the appropriate authority or his delegate, as the case requires, who may confirm, cancel or vary the order.

11            Orders and delegations not to lapse

                An order or a delegation made under this Part does not lapse or become ineffective by reason only that a person who made, or participated in making, the joint order or the delegation has ceased to hold an office by the authority of which he made, or participated in making, the joint order or the delegation.


 

Part 3                 Aid to civilian authorities

11A         Application of Part 3

                This Part applies if the Defence Force is called out under any lawful authority other than Part IIIAAA of the Act.

11B         Responsibility of Chief of Defence Force

         (1)   If the Defence Force is called out to protect Commonwealth interests in Australia against domestic violence, the Chief of the Defence Force must utilise the Defence Force in a way that is reasonable and necessary to protect the Commonwealth interest.

         (2)   If the Defence Force is called out to protect a State or self‑governing Territory against domestic violence, the Chief of the Defence Force must utilise the Defence Force in a way that is reasonable and necessary to protect the State or Territory.

11C         Ministerial directions

         (1)   In utilising the Defence Force in accordance with regulation 11B, the Chief of the Defence Force must comply with any direction that the Minister gives from time to time as to the way in which the Defence Force is to be utilised.

         (2)   However, in utilising the Defence Force in accordance with subregulation (1), the Chief of the Defence Force must not:

                (a)    stop or restrict any protest, dissent, assembly or industrial action except where there is a reasonable likelihood of the death of, or serious injury to, persons or serious damage to property; or

               (b)    utilise the Reserves unless the Minister, after consulting the Chief of the Defence Force, is satisfied that sufficient members of the Permanent Forces are not available.

11D         Assistance to, and cooperation with, State etc

         (1)   Subject to regulation 11C and subregulation (2), in utilising the Defence Force in accordance with regulation 11B, the Chief of the Defence Force must, as far as is reasonably practicable, ensure that:

                (a)    the Defence Force is utilised to assist the State or Territory and cooperates with the police force of the State or Territory; and

               (b)    the Defence Force is not utilised for any particular task unless a member of the police force of the State or Territory, or an officer of a civil authority designated by the Minister (the civil authority), gives a written request to the Chief of the Defence Force requesting that the Defence Force be utilised for the task.

         (2)   Subregulation (1) does not require or permit the Chief of the Defence Force to transfer to any extent command of the Defence Force to the State or Territory, or to the police force or member of the police force of the State or Territory, or to the civil authority or officer of the civil authority.


 

Part IV                Administration of oaths etc

  

15            Interpretation

         (1)   In this Part, unless the contrary intention appears:

competent officer means:

                (a)    an officer:

                          (i)    of the Defence Force;

                         (ii)    of the naval, military or air force of the United Kingdom, Canada or New Zealand; or

                        (iii)    of the naval, military or air force of a country determined by the Minister by notice published in the Gazette;

                        who holds a rank, or a rank equivalent to a rank, not below:

                        (iv)    in the case of a Naval officer — Lieutenant;

                         (v)    in the case of a Military officer — Captain; or

                        (vi)    in the case of an Air Force officer — Flight Lieutenant;

               (b)    an air force officer who holds a rank below that of Flight Lieutenant while he is in charge of a unit or detachment of the Royal Australian Air Force; and

                (c)    in relation to a member of the Defence Force who is a prisoner of war or interned in a place outside Australia, a person who is a British subject and is, for the time being, the official representative of prisoners of war or other persons detained or interned in that place.

         (2)   For the purposes of this Part:

                (a)    a reference to a member of the Defence Force includes a reference to a person who, not being a member of the Defence Force, accompanies a part of the Defence Force; and

               (b)    a reference to a member of the Defence Force on service outside Australia includes a reference to a member of that Force who is a prisoner of war or interned in a place outside Australia.

16            Administration of oaths etc

                A competent officer may administer oaths to, take affidavits of, and attest the execution of documents by a member of the Defence Force while on service outside Australia.

17            Validity of administration of oaths etc

                The administration of an oath, the taking of an affidavit or the attestation of the execution of a document by a competent officer in pursuance of this Part is valid and effectual for the purposes of a matter arising in or under a law of the Commonwealth or of a State or Territory.

18            Particulars in jurat

         (1)   A competent officer who, in pursuance of this Part, administers an oath, takes an affidavit or attests the execution of a document, shall legibly write, type or stamp in the jurat or attestation of the document in respect of which the power is exercised, after his signature, his name and rank, and, in the case of an officer of an air force below the rank of Flight Lieutenant, the fact that he is in charge of a unit or detachment of the Royal Australian Air Force.

         (2)   It is not necessary to state the place where the oath is administered, the affidavit is sworn or the document is attested.

19            Compliance with form provided by Commonwealth, State or Territory law sufficient

                An affidavit or declaration sworn or made in pursuance of this Part is sufficient in law if it is substantially in accordance with the form provided by a law of the Commonwealth or of the State or Territory in which the affidavit or declaration is to be used.

20            Affidavit admissable in evidence without proof of rank of officer administering it etc

                Where a document purports to have subscribed to it the signature of a competent officer in testimony of the administration of an oath, the taking of an affidavit or the attestation of the execution of a document by him, it shall be admitted in evidence without proof:

                (a)    of the rank of the officer, of the force of which he is an officer and, in the case of an officer of an air force below the rank of Flight Lieutenant, of the fact that he was in charge of a unit or detachment of the Royal Australian Air Force;

               (b)    that the signature is that of the officer; or

                (c)    that the person to whom the oath was administered or by whom the affidavit was sworn or the document executed was, at the date of the swearing or execution, a member of the Defence Force.

21            False statements

         (1)   A person is guilty of an offence if the person makes a false statement in an affidavit or declaration sworn or made under this Part.

Penalty:   1 penalty unit or imprisonment for 3 months.

         (2)   This regulation does not affect the liability of a person under any other law.


 

Part V                 Powers of attorney

  

22            Interpretation

                For the purposes of this Part, a reference to a member of the Defence Force includes a reference to a person who, not being a member of the Defence Force, accompanies a part of the Defence Force.

23            Powers of attorney executed by members of the Defence Force under twenty‑one years

                A power of attorney executed, whether before or after the commencement of this regulation, by a person under the age of 21 years who was, at the time of the execution, a member of the Defence Force shall, after the commencement of this regulation or the execution of the power, whichever is the later, be and continue as valid and effectual, notwithstanding that that person may have ceased to be a member of the Defence Force, as if that person had, at the time of the execution of the power, been of the age of 21 years or more.

24            Attorney’s power limited

                This Part does not enable an attorney of a person who has not attained the age of 21 years to do anything as the attorney of that person which that person could not validly do personally.

25            Effect of revocation etc

                For the purposes of this Part:

                (a)    the revocation by a person under the age of 21 years of a power of attorney to which regulation 23 applies is as valid and effectual as if that person had, at the time of revocation, been of the age of 21 years or more; and

               (b)    a statutory declaration by the donee of a power, made in accordance with a law of the Commonwealth or of a State or Territory, that the donor of the power was, at the time of its execution a member of the Defence Force, is conclusive proof of the facts so declared in favour of a person dealing with the donee of the power in good faith.


 

Part VI                Disposal of dead bodies of members of the Defence Force

  

26            Definitions

         (1)   In this Part, unless the contrary intention appears:

body includes a part of a body.

Registrar of Deaths, in relation to a State or Territory, means a person or authority charged under the law of that State or Territory with the duty of registering deaths.

         (2)   For the purposes of this Part, unless the contrary intention appears:

                (a)    a reference to a member of the Defence Force includes a reference to a person who, not being a member of the Defence Force, accompanies a part of the Defence Force;

               (b)    a reference to a member of the Defence Force on service includes a reference to a member of that Force on service outside Australia; and

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

27            Disposal of dead bodies of members of the Defence Force

                A commissioned officer of the Defence Force may, subject to any direction of the Minister, give such directions for the disposal of the body of a member of the Defence Force who died while on service as he thinks fit.

28            State law not to apply

                A law of a State or Territory relating to coroners or the registration of deaths does not apply in relation to a body with respect to which directions for disposal are given under this Part or in relation to the death of a member of the Defence Force with respect to whose body such directions are given.

29            Post mortems and certificates of death

         (1)   Notwithstanding anything contained in a law of a State or Territory, a commissioned medical officer of the Defence Force, who is a duly qualified medical practitioner according to a law of a State or Territory, may:

                (a)    if requested so to do by a coroner or deputy coroner of a State or Territory, perform in that State or Territory a post mortem examination of the body of a member of the Defence Force who died while on service; and

               (b)    sign a certificate of death in respect of the death of a member of the Defence Force who died while on service.

         (2)   A certificate of death so signed, and containing a statement that the deceased person was a member of the Defence Force who died while on service, is of the same force and effect as a certificate signed by a duly qualified medical practitioner of the State or Territory in which the death occurred.

30            Persons to furnish particulars on request

                At the request of the Minister or of a Registrar of Deaths, a person shall furnish to the Registrar of Deaths specified by the Minister in the request or to the Registrar making the request, as the case may be, such particulars as are known to, or can reasonably be ascertained by, that person of the identity of a member of the Defence Force with respect to whose body directions are given under this Part.

31            War graves

                Notwithstanding the provisions of a law of a State or a Territory, the Director of War Graves, or an officer of the Defence Force in charge of a unit specifically raised for the purpose of the registration of, or inquiries concerning, the graves of deceased members of the Defence Force:

                (a)    may establish or cause to be established such cemeteries as are required for the burial of bodies of persons who have died while on service as members of the Defence Force or as a result of service as members of the Defence Force;

               (b)    may authorize and direct the exhumation and the reinterment, cremation or other disposal of the body of a member of the Defence Force who has died while on service; and

                (c)    may enter a cemetery and inspect, maintain or execute any work in connexion with the grave of a person who has died while on service as a member of the Defence Force or as a result of service as a member of the Defence Force or authorize any other person or persons to enter a cemetery and inspect, maintain or execute any work in connexion with such a grave.


 

Part VII               Defence areas

  

32            Interpretation — Part VII

                In this Part:

Australian Government officer means a person holding office under an Act of the Parliament of, or employed by, the Commonwealth, and includes:

                (a)    a person permanently or temporarily employed in the Australian Public Service or the Public Service of a Territory or in the service of an Australian public authority;

               (b)    a member of the Defence Force; and

                (c)    a member or special member of the Australian Federal Police.

Australian public authority means a body corporate (not being an incorporated company, society or association) incorporated for a public purpose by or under a law of the Commonwealth or of a Territory.

constable means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

undertaking means a work of defence.

war material means goods for use for Defence purposes and includes goods being developed for use for defence purposes or being tested for use, or the use of similar goods, for defence purposes.

Woomera Area means the place situated in the State of South Australia known as the Woomera Prohibited Area that is a prohibited area for the purposes of regulation 35.

33            Regulations to bind the Crown

                Regulations 34 and 35 bind the Crown in right of the Commonwealth or of a State.

34            Entry upon and use of land

                The Minister may authorize entry upon, and the use on behalf of the Commonwealth of, any area of land or water, being an area in which it is necessary or expedient in the interests of the safety or defence of Australia to carry out operations for the testing of war material, for the purpose of carrying out such operations.

35            Prohibited areas

         (1)   The Minister may, by notice published in the Gazette, declare a place to be a prohibited area for the purposes of this regulation.

         (2)   The Minister must not declare a place to be a prohibited area unless:

                (a)    it is an undertaking; or

               (b)    it is a place in which it is necessary or expedient in the interests of the safety or defence of Australia:

                          (i)    to carry out operations for the testing of war material; and

                         (ii)    that special precautions be taken to prevent the entry of unauthorised persons into that place.

         (3)   A person must not enter or remain in a prohibited area if he or she does not have authority to enter or remain in that area.

Penalty:   20 penalty units or imprisonment for 6 months, or both.

         (4)   A person authorised by the Minister for this subregulation, may give permission to a person to enter and remain in a prohibited area.

         (5)   Permission under subregulation (4) may be subject to such conditions (including conditions as to the conduct of the person to whom the permission is given) as the person giving the permission considers necessary for the protection of:

                (a)    persons and property in the area; and

               (b)    official secrets.

         (6)   It is a defence to a prosecution for an offence against subregulation (3) that the entry or stay is in accordance with permission given under subregulation (4).

         (7)   A person who is given permission under subregulation (4), is guilty of an offence if the person engages in conduct that is in breach of a condition of the permission.

Penalty:   20 penalty units or imprisonment for 6 months, or both.

         (8)   A person who enters or remains in a prohibited area in contravention of subregulation (3) or who fails to comply with a condition of a permission given to the person under subregulation (4), may, without prejudice to any proceedings that may be taken against him or her, be removed from the prohibited area by, or under the direction of:

                (a)    a constable; or

               (b)    an Australian Government officer; or

                (c)    a person authorised by the Minister to do so.

36            Compensation

                Where:

                (a)    any person suffers loss or damage by reason of anything done in pursuance of regulation 34 in relation to any land or water in which he has any legal or equitable interest; or

               (b)    by reason of the operation of regulation 35 a person ordinarily resident in a prohibited area at the time when the area becomes a prohibited area suffers any loss or damage;

the Commonwealth shall be liable to pay to him such compensation as is determined by agreement between him and the Minister or, in the absence of agreement, by action by
him against the Commonwealth in a court of competent jurisdiction.

37            Smoking etc in protected place

         (1)   A person in a protected place, must not:

                (a)    smoke, strike a match, light a fire or in any way procure a naked light or flame; or

               (b)    possess tobacco, matches, a flame lighter, a candle, a lamp or any material capable of being used for smoking or for procuring a naked light or flame.

Penalty:   1 penalty unit or imprisonment for 3 months, or both.

         (2)   It is a defence to a prosecution for an offence against subregulation (1) that the defendant had the permission of the officer‑in‑charge to engage in the relevant conduct in the protected place.

         (3)   In this regulation:

officer‑in‑charge means the person appointed to be in charge of the undertaking.

protected place means an undertaking, or part of an undertaking:

                (a)    which is declared by the officer‑in‑charge of the undertaking, by notice in writing, to be a protected place for this regulation; and

               (b)    on which a notice to that effect is prominently displayed.

38            Canteens

         (1)   The Minister may establish, or authorize the establishment of, a canteen for the use of persons performing duties in, or employed in or in connexion with, an undertaking in the Woomera Area and may authorize the sale or supply of intoxicating liquor at such a canteen upon such terms and conditions as are specified by him.

         (2)   It is lawful for a person to sell or supply intoxicating liquor in pursuance of an authority by the Minister under subregulation (1).

38A         Transport etc in the Woomera Area

         (1)   A person authorized by the Minister to act under this regulation may give a direction or authority to a person (whether a member of the Defence Force or not) who is performing duties or is employed in or in connection with an undertaking established in the Woomera Area with respect to the transport, handling, storage, testing or use, in that area for the purposes of such an undertaking, of weapons, explosives, vehicles or other war material.

         (2)   A direction or authority under subregulation (1) may be given to a particular person, to particular persons or to the persons included in a class of persons.

         (3)   It is lawful for a person to whom a direction or authority under subregulation (1) is given to comply with the direction or exercise the authority.


 

Part VIII              Attachment of members

  

39            Attachment of members

         (1)   The service chief of an arm of the Defence Force may, by instrument in writing, place a member of that arm at the disposal of the service chief of another arm of the Defence Force in order that that member may be attached to that other arm by the last‑mentioned service chief.

         (2)   The service chief of an arm of the Defence Force may, by instrument in writing, attach to that arm a member of another arm of the Defence Force who has been placed at his disposal in accordance with subregulation (1).

         (3)   Subject to subregulation (4), a member attached to an arm of the Defence Force under subregulation (2) has the same powers of command, and is subject to command, as if he were a member of that arm holding a rank, and having seniority in that rank, corresponding to his rank and seniority in the arm of the Defence Force of which he is a member.

         (4)   A member referred to in subregulation (2) does not by reason only of his being attached as provided by that subregulation cease to be subject to the law governing the arm of the Defence Force of which he is a member.

40            Delegation by a service chief

         (1)   A service chief may by writing signed by him delegate, either generally or otherwise as provided in the instrument of delegation, to:

                (a)    in the case of the Chief of Navy — an officer who holds
a rank in the Navy not below the rank of Lieutenant‑ Commander;

               (b)    in the case of the Chief of Army — an officer who holds a rank in the Army not below the rank of Major; or

                (c)    in the case of the Chief of Air Force — an officer who holds a rank in the Air Force not below the rank of Squadron Leader;

any of his powers under regulation 39.

         (2)   A power delegated under this regulation, when exercised by the delegate, shall, for the purposes of regulation 39, be deemed to have been exercised by the service chief.

         (3)   A delegation under this regulation does not prevent the exercise of a power by the service chief.


 

Part IXA             Salvage claims

  

43A         Apportionment of salvage amongst crew members

         (1)   For the purposes of section 117AB of the Act, salvage payable shall, subject to subregulation (2), be apportioned amongst the members of the crew in accordance with the following table:

Apportionment of Salvage

 

Rank

Shares

Rear Admiral

28

Commodore

26

Captain

24

Commander

22

Lieutenant‑Commander

20

Lieutenant

18

Warrant Officer

18

Sub‑Lieutenant

16

Chief Petty Officer

16

Petty Officer

14

Leading Seaman

12

Able Seaman

10

Any other rank

10

         (2)   In determining the salvage payable to a crew member:

                (a)    the commanding officer of the naval ship shall receive the number of shares for his or her rank multiplied by 2;

               (b)    where the commanding officer recommends that extraordinary personal endeavour by a member of the crew warrants special recognition, the Chief of Navy may authorise an increase in the member’s number of shares by not more than 3; and

                (c)    the value of each share shall be ascertained by dividing the total amount of salvage available to be apportioned amongst the crew by the total number of shares.


 

Part X                 Visiting forces

  

44            Declaration of countries to which Part IXA of the Act applies

         (1)   For the purposes of subsection 116A (2) of the Act, each of the following countries is declared to be a country in relation to which each provision of Part IXA of the Act applies:

Brunei;

Canada;

Fiji;

Malaysia;

New Zealand;

Papua New Guinea;

Republic of Singapore;

Thailand;

Tonga;

United Kingdom of Great Britain and Northern Ireland;

United States of America.

         (2)   For the purposes of subsection 116A (2) of the Act, each of the following countries is declared to be a country in relation to which each provision of Divisions 1 and 3 of Part IXA of the Act applies:

                (a)    Argentina;

               (b)    Bangladesh;

                (c)    Brazil;

               (d)    Chile;

                (e)    China;

                (f)    Czech Republic;

               (g)    Denmark;

               (h)    Egypt;

                (i)    Federal Republic of Germany;

                (j)    France;

               (k)    Hungary;

                (l)    Ireland;

              (m)    Italy;

               (n)    Jordan;

               (o)    Kenya;

               (p)    Kingdom of Cambodia;

               (q)    Mozambique;

                (r)    Nepal;

                (s)    Norway;

                (t)    Pakistan;

               (u)    Poland;

               (v)    Portugal;

              (w)    Republic of Korea;

               (x)    Republic of the Philippines;

               (y)    South Africa;

                (z)    Spain;

              (aa)    Sri Lanka;

              (ab)    Sweden;

              (ac)    Uruguay;

             (ad)    Zimbabwe.

45            Form of warrant

                The form in Schedule 1 is prescribed for the purposes of section 116F of the Act.

46            Sentences imposed by service tribunals of other countries

         (1)   Where:

                (a)    a member of the Defence Force is attached temporarily to the forces of a country in relation to which section 116B of the Act applies; and

               (b)    while he is so attached, a sentence is passed, or a punishment is imposed, on that member by a service tribunal of that country outside Australia;

the sentence or punishment is as valid and effectual, and, to the extent to which it has not been executed outside Australia, may be executed or enforced in Australia, as if it had been passed
or imposed by a court martial constituted under the Defence Force Discipline Act 1982.

         (2)   This regulation does not authorize the carrying into effect of a sentence of death passed on a member of the Defence Force by a service tribunal of a country in relation to which section 116B of the Act applies.

47            Evidence of facts by certificate

                For the purpose of legal proceedings within Australia, the Minister may, by writing under his hand, certify that:

                (a)    on a date specified in the certificate a person named in the certificate was a member of the Defence Force attached temporarily to the forces of a country specified in the certificate, being a country in relation to which section 116B of the Act applies;

               (b)    on that date a service tribunal specified in the certificate, being a service tribunal of that country, passed a sentence, or imposed a punishment, set out in the certificate on the person named in the certificate; and

                (c)    the sentence or punishment, or such part of it as is specified in the certificate, has not been executed or enforced;

and the certificate is, upon its production in those proceedings, sufficient evidence of the facts so certified, unless the contrary is proved.


 

Part XI                Defence practice areas

  

48            Interpretation of Part XI

                In this Part, unless the contrary intention appears:

Commonwealth land means land belonging to, or in the occupation of, the Commonwealth or a public authority under the Commonwealth but does not include land the subject of a lease from the Commonwealth unless that lease is subject to the condition that the land may be used by the Defence Force or an arm of the Defence Force for carrying out a defence operation or practice of a kind specified in a notice under subregulation 49 (1).

constable means a member of the police force of a State or Territory.

defence operation or practice means a naval or military, or an air force, operation or practice.

defence practice area means any area of land, sea or air declared by the Minister under regulation 49.

equipment includes structure.

install includes construct, maintain and place.

private land means land that is not Commonwealth land.

public authority under the Commonwealth means a body, not being an incorporated company or association, constituted by or under a law of the Commonwealth or a Territory.

49            Declaration of defence practice area

         (1)   The Minister may, by notice published in the Gazette, declare any area of land, sea or air in or adjacent to Australia to be a defence practice area for carrying out a defence operation or practice of a kind specified in the notice.

         (2)   The Minister shall not make a declaration under subregulation (1) in respect of private land unless:

                (a)    the consent in writing of the occupier of the land has first been obtained; or

               (b)    it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out on that land a defence operation or practice of a kind specified in the notice without that consent.

         (3)   The Minister shall not, in a notice under subregulation (1), declare an area of sea or air to be a defence practice area unless it is an area of sea or air in which it is necessary or expedient in the interests of the safety or defence of the Commonwealth to carry out a defence operation or practice of the kind specified in the notice.

         (4)   Where the Minister declares a defence practice area under subregulation (1), a service chief may from time to time, by notice published in the Gazette, authorise the installation, for a period not exceeding 2 years that is specified in the notice, of equipment for defence purposes:

                (a)    in an area of sea that is, or is part of, the defence practice area; or

               (b)    on the sea‑bed or in the subsoil beneath that area; or

                (c)    in the superjacent waters.

50            Tabling and disapproval of declarations

         (1)   Where private land is the subject of a declaration made under subregulation 49 (1), the Minister shall cause a copy of the declaration to be laid before each House of the Parliament within 15 sitting days of that House after the date on which the declaration was made.

      (1A)   If a copy of a declaration is not laid before each House of the Parliament in accordance with the provisions of subregulation (1), the declaration shall be void and of no effect.

         (2)   If either House of the Parliament, within 15 sitting days of that House after a copy of a declaration referred to in subregulation (1) has been laid before that House, passes a resolution disapproving of the declaration, then:

                (a)    if the declaration has not come into operation — it shall not come into operation; or

               (b)    if the declaration has come into operation — the declaration shall cease to have effect on the day on which the resolution is passed.

51            Authorisation to carry out a defence operation or practice

         (1)   The Chief of the Defence Force, the Secretary or a Service Chief may authorise the carrying out of a defence operation or practice in a defence practice area by:

                (a)    members of the Defence Force; or

               (b)    members of the armed forces of a country other than Australia; or

                (c)    members of the Defence Force and members of the armed forces of a country other than Australia.

         (2)   An authorisation under subregulation (1):

                (a)    must be in writing; and

               (b)    must specify the time when the defence operation or practice will take place.

52            Notice to public of operation or practice

         (1)   Where, under subregulation 51 (1), a person authorizes the carrying out of a defence operation or practice, that person shall cause such notice of the operation or practice to be given as is reasonably required for the protection of persons or property that may be affected by that operation or practice having regard to:

                (a)    the time and place of the carrying out of the operation or practice;

               (b)    the nature of the equipment and ammunition proposed to be used in the course of that operation or practice and the risk to those persons or that property or the injury or damage that is likely to arise from that use; and

                (c)    the forms of communication available to that person for the giving of that notice to the public.

         (2)   Where a person authorises the installation of equipment under subregulation 49 (4), the person must cause such notice:

                (a)    of the installation as is reasonably required to advise persons in reasonable proximity, within the defence practice area concerned, of the place where the equipment is installed; and

               (b)    of activities of those persons that would be likely to disturb the equipment or interfere with its operation;

to be given to those persons, having regard to:

                (c)    the nature of the equipment; and

               (d)    the risk of damage to the equipment or interference with its operation; and

                (e)    the forms of communication available to that person for the giving of that notice to those persons.

53            Offences relating to a defence practice area

         (1)   A person is guilty of an offence if the person is in a defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (2)   A person is guilty of an offence if the person permits a vehicle, vessel or aircraft to be in a defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (3)   A person is guilty of an offence if the person engages in conduct that disturbs, or interferes with, the operation of, equipment, the installation of which is authorised under subregulation 49 (4).

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (4)   The Chief of the Defence Force, the Secretary or the Service Chief or other officer who authorised a defence operation or practice, or an officer participating in that operation or practice may give permission, in accordance with subregulation (6), for a person:

                (a)    to be in the defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice; or

               (b)    to permit a vehicle, vessel or aircraft to be in the defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice.

         (5)   The Chief of the Defence Force, the Secretary, a Service Chief or an officer participating in a defence operation or practice in relation to which the equipment was installed, may give permission, in accordance with subregulation (6), for a person to engage in conduct that may or will disturb, or interfere with, the operation of equipment the installation of which is authorised under subregulation 49 (4).

         (6)   Permission under subregulation (4) or (5):

                (a)    may be given if it is reasonably required for the protection of persons and property in the defence practice area or for the safety or defence of the Commonwealth; and

               (b)    must be in writing; and

                (c)    is effective for the period that is specified in the instrument; and

               (d)    may be subject to conditions specified in the instrument as are reasonably required for the protection of persons and property in the defence practice area, or for the safety or defence of the Commonwealth; and

                (e)    may be subject to conditions in relation to the conduct of persons in a defence practice area or in relation to a vehicle, vessel or aircraft in that area.

         (7)   A person is guilty of an offence if the person engages in conduct that breaches a condition of a permission given to the person under subregulation (4) or (5).

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (8)   A person is guilty of an offence against subregulation (2) or (7) if:

                (a)    a vehicle, vessel or aircraft is in a defence practice area; and

               (b)    the person is:

                          (i)    in the case of a vehicle — the driver, owner or hirer of the vehicle; or

                         (ii)    in the case of a vessel — the master, owner or charterer of the vessel, or the agent for the vessel; or

                        (iii)    in the case of an aircraft — the pilot, owner or charterer of the aircraft, or the agent for the aircraft; and

                (c)    another person is guilty of an offence against the same subregulation (otherwise than because of this subregulation) in connection with the vehicle, vessel or aircraft.

      (8A)   A person is not liable to be punished more than once in respect of the same offence.

         (9)   An offence under subregulation (1), (2), or (7) is an offence of strict liability.

       (10)   It is a defence to a prosecution under subregulation (1) or (2) that the defendant had permission under subregulation (4).

       (11)   It is a defence to a prosecution under subregulation (3) that the defendant had permission under subregulation (5).

       (12)   It is a defence to a prosecution under subregulation (1), (2) or (7) that the defendant had a reasonable excuse.

       (13)   It is a defence to a prosecution under subregulation (2) or (7), because of subregulation (8), that the defendant did not know of the conduct constituting the primary offence.

54            Removal from defence practice area

         (1)   A person:

                (a)    who, in contravention of regulation 53, is, or permits a vehicle, vessel or aircraft to be, in a defence practice area at a time specified in an instrument under subregulation 51 (1); or

               (b)    who fails to comply with a condition specified in an instrument of permission given to that person under regulation 53;

may, without affecting any other proceedings that may be taken against the person, be removed from the area by, or under the direction of, a member of the Defence Force, a member or special member of the Australian Federal Police or a constable.

         (2)   Any vehicle, vessel or aircraft in a defence practice area in contravention of regulation 53 may be removed from the area by, or under the direction of, a member of the Defence Force, a member or special member of the Australian Federal Police or a constable.

55            Duties etc of authorized officers

                Where a member of the Defence Force gives a direction to a person under regulation 54, the member shall, if requested by that person, produce evidence that he or she is a member of the Defence Force for inspection by that person and, if the member fails to do so, that person is not obliged to comply with that direction.

56            Obstructing or hindering member of Defence Force etc

         (1)   A person is guilty of an offence if the person obstructs or hinders:

                (a)    a member of the Defence Force; or

               (b)    a member or special member of the Australian Federal Police; or

                (c)    a constable;

in the exercise by the member, special member or constable of a power conferred by this Part.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (2)   A person is guilty of an offence if the person obstructs or hinders a person acting under a direction referred to in regulation 54.

Penalty:   5 penalty units or imprisonment for 3 months, or both.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

         (4)   It is a defence to a prosecution for an offence against subregulation (1) or (2) that the defendant had a reasonable excuse.

57            Compensation for loss, injury or damage

         (1)   The Commonwealth shall pay reasonable compensation to a person who:

                (a)    sustains loss or damage by reason of entry upon, and survey of, land in accordance with regulation 58;

               (b)    sustains loss or damage by reason that an area is declared to be a defence practice area under subregulation 49 (1);

                (c)    sustains loss or damage by reason of the use of land for the purposes of a defence operation or practice authorized under regulation 51; or

               (d)    sustains loss or damage otherwise caused by the operation of this Part.

         (2)   A claim for compensation under this regulation shall:

                (a)    be in writing, signed by the person making the claim; and

               (b)    be addressed to the Secretary.

         (3)   Where no decision is made in respect of a claim for compensation within the period of 60 days after the date on which the claim was made, a decision refusing compensation shall be deemed to have been made.

57A         Review of decisions: compensation

         (1)   In this regulation, reviewing authority means:

                (a)    a person appointed under subregulation (4) or (5); or

               (b)    a board constituted by the Secretary under subregulation (4) or (5);

as the case may be.

         (2)   A person aggrieved by:

                (a)    a decision refusing to pay compensation under regulation 57; or

               (b)    a decision with respect to the amount of compensation paid or offered to be paid under that regulation;

may apply in writing addressed to the Secretary for a review of the decision.

         (3)   An application under subregulation (2) shall:

                (a)    be signed by the person making the application;

               (b)    be made within 30 days:

                          (i)    where the decision is deemed to have been made by virtue of subregulation 57 (3) — after the expiration of the period of 60 days referred to in that subregulation; or

                         (ii)    in any other case — after receipt by the person of notification of the decision;

                        or within such longer period as the Secretary, within 30 days after the date on which the application was sought to be made, in writing determines; and

                (c)    set out the reasons for making the application.

         (4)   The Secretary may:

                (a)    appoint a person; or

               (b)    constitute a board comprising such persons as the Secretary in writing determines;

for the purpose of reviewing decisions in respect of which application has been made under subregulation (2).

         (5)   The Secretary shall, within 21 days after the making of an application under subregulation (2), refer the application to a person appointed, or a board constituted, under subregulation (4) or shall:

                (a)    appoint a person, or constitute a board comprising such persons as the Secretary determines, for the purpose of reviewing the decision in respect of which the application was made; and

               (b)    refer the application to the person so appointed or the board so constituted, as the case may be.

         (6)   A reviewing authority to which a decision referred to in subregulation (2) has been referred shall, within 60 days after the date on which the decision was referred:

                (a)    affirm the decision;

               (b)    vary the decision; or

                (c)    set aside the decision and make a decision in substitution for that decision.

         (7)   Where:

                (a)    a reviewing authority makes a decision under subregulation (6); or

               (b)    the Secretary makes a decision under subregulation (3) refusing to extend the period in which an application may be lodged under that subregulation;

the reviewing authority or Secretary, as the case requires, shall cause a statement in writing to be given to the person whose interests are affected by the decision, setting out the decision and giving reasons for the decision.

         (8)   A statement referred to in subregulation (7) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by the decision to which the statement relates is entitled to apply to the Administrative Appeals Tribunal for a review of the decision.

         (9)   The validity of a decision to which a statement under subregulation (7) relates shall not be taken to be affected by a failure to comply with subregulation (8).

       (10)   Application may be made to the Administrative Appeals Tribunal for a review of a decision:

                (a)    of the Secretary refusing to extend the period in which an application may be lodged under subregulation (3); or

               (b)    of a reviewing authority making a decision of the kind referred to in subregulation (6).

57B         Delegation by Secretary

                The Secretary may delegate, in writing, a power of the Secretary under this Part (other than a power that may be delegated under regulation 57BA, 57BB or 57BC, or this power of delegation) to:

                (a)    an officer of the Navy who holds the rank of Captain or a higher rank; or

               (b)    an officer of the Army who holds the rank of Colonel or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Group Captain or a higher rank; or

               (d)    an APS employee with the classification level of at least Executive Level 2 or an equivalent classification; or

                (e)    an APS employee who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (d).

57BA      Delegation of power to authorise defence operation or practice involving Defence Force only

         (1)   This regulation applies to the power under regulation 51 to authorise an operation or practice in which no members of the armed forces of a country other than Australia are to take part.

         (2)   The Secretary may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank; or

               (d)    an APS employee with the classification level of at least Executive Level 1 or an equivalent classification; or

                (e)    an APS employee who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (d).

         (3)   The Chief of the Defence Force may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

         (4)   A Service Chief may delegate, in writing, the power mentioned in subregulation (1):

                (a)    in the case of the Chief of Navy ¾ to an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank;

               (b)    in the case of the Chief of Army ¾ to an officer of the Army who holds the rank of Major or a higher rank;

                (c)    in the case of the Chief of Air Force ¾ to an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

57BB      Delegation of power to authorise joint defence operation or practice

         (1)   This regulation applies to the power under regulation 51 to authorise a defence operation or practice in which members of the Defence Force and the armed forces of a country other than Australia are to take part.

         (2)   The Secretary may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer in the Navy who holds the rank of Commodore or a higher rank; or

               (b)    an officer in the Army who holds the rank of Brigadier or a higher rank; or

                (c)    an officer in the Air Force who holds the rank of Air Commodore or a higher rank; or

               (d)    an SES employee or acting SES employee performing duty in the Department.

         (3)   The Chief of the Defence Force may delegate, in writing, the power mentioned in subregulation (1) to:

                (a)    an officer in the Navy who holds the rank of Commodore or a higher rank; or

               (b)    an officer in the Army who holds the rank of Brigadier or a higher rank; or

                (c)    an officer in the Air Force who holds the rank of Air Commodore or a higher rank.

         (4)   A Service Chief may delegate, in writing, the power mentioned in subregulation (1):

                (a)    in the case of the Chief of Navy ¾ to an officer of the Navy who holds the rank of Commodore or a higher rank;

               (b)    in the case of the Chief of Army ¾ to an officer of the Army who holds the rank of Brigadier or a higher rank;

                (c)    in the case of the Chief of Air Force ¾ to an officer of the Air Force who holds the rank of Air Commodore or a higher rank.

57BC      Delegation of power to permit conduct that may disturb or interfere with the operation of equipment

         (1)   This regulation applies to the power under subregulation 53 (5) to permit a person to engage in conduct that may or will disturb, or interfere with, the operation of equipment the installation of which is authorised under subregulation 49 (4).

         (2)   The Secretary may delegate, in writing, a power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank; or

               (d)    an APS employee with the classification level of at least Executive Level 1 or an equivalent classification; or

                (e)    an APS employee who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (d).

         (3)   The Chief of the Defence Force may delegate, in writing, a power mentioned in subregulation (1) to:

                (a)    an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or

               (b)    an officer of the Army who holds the rank of Major or a higher rank; or

                (c)    an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

         (4)   A Service Chief may delegate, in writing, a power mentioned in subregulation (1):

                (a)    in the case of the Chief of Navy ¾ to an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank;

               (b)    in the case of the Chief of Army ¾ to an officer of the Army who holds the rank of Major or a higher rank;

                (c)    in the case of the Chief of Air Force ¾ to an officer of the Air Force who holds the rank of Squadron Leader or a higher rank.

57C         Other defence operations and practices

                Nothing in this Part shall be taken to affect or limit in any way the power of the Commonwealth to undertake defence operations and practices otherwise than in an area declared under regulation 49.


 

Part XII               Surveys

  

58            Authority to enter land

         (1)   Subject to subregulation (2), the Minister may, with the consent in writing of the occupier of land, by instrument, authorize the Defence Force or an arm of the Defence Force, either generally or as otherwise provided in the instrument, to enter upon and survey land for the purposes of the Act or these Regulations.

         (2)   Where it is necessary or expedient in the interests of the safety or defence of the Commonwealth, the Minister may, without the consent of the occupier of land, by instrument, authorize the Defence Force or an arm of the Defence Force, either generally or as otherwise provided in the instrument, to enter upon and survey land for the purposes of the Act or these Regulations.

         (3)   A person must not remove, or interfere with, a survey mark placed upon land in the course of a survey carried out under this regulation.

Penalty:   1 penalty unit.


 

Part 12A             Provision of certain goods and services for Defence Force members

Division 1              Interpretation

58A         Definition for Part 12A

                In this Part:

member means a member of the Defence Force (including the Reserves) rendering continuous full‑time service.

Division 2              Furniture and electricity

58C         Provision of furniture

         (1)   If the Commonwealth provides furniture for use in married quarters occupied by a member, or any of the member’s family, the Minister may determine, in writing, the charge the member must pay for the use of the furniture.

         (2)   The amount of the charge is a debt due to the Commonwealth.

         (3)   Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

58D         Provision of electricity

         (1)   If:

                (a)    the Commonwealth:

                          (i)    supplies electricity to married quarters occupied by a member or any of the member’s family; or

                         (ii)    pays for the supply of electricity to the quarters; and

               (b)    the quarters do not have a meter that measures how much electricity is used;

                the Minister may determine, in writing, the charge the member must pay for the supply of the electricity.

         (2)   The amount of the charge is a debt due to the Commonwealth.

         (3)   Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

Division 3              Medical and dental treatment

58E         Interpretation

                In this Division:

dental treatment includes the giving of dental advice, dental treatment or dental supplies and appliances by, or on the authority of, a dental officer or practitioner.

medical treatment includes:

                (a)    the giving of medical advice, medical treatment or medical supplies and appliances by, or on the authority of, a medical officer or practitioner; and

               (b)    transport in an ambulance; and

                (c)    treatment, maintenance and accommodation at a hospital or other health care facility.

Repatriation hospital means a hospital established, controlled or administered by the Repatriation Commission under the Veterans’ Entitlements Act 1986.

58F         Provision of medical and dental treatment

         (1)   Subject to subregulation (2), the Commonwealth must provide the medical and dental treatment required to keep a member healthy for the purpose of discharging the member’s duties.

         (2)   The Minister may determine, in writing, conditions on which the treatment is to be provided to a member, having regard to:

                (a)    the treatment facilities available under the circumstances (including the place where the member is serving); and

               (b)    the duties of the member; and

                (c)    the operational requirements of the Defence Force.

58G         Recovery of the costs of treatment in certain circumstances

         (1)   This regulation applies to a member if:

                (a)    the Commonwealth provides medical or dental treatment to the member under regulation 58F; and

               (b)    the Minister determines, in writing, that he or she is satisfied that the member may have an enforceable claim for damages against a person for the illness or injury the subject of the treatment.

         (2)   The Minister may, in writing, require the member to pay an amount to the Commonwealth for the treatment.

         (3)   The amount is a debt due to the Commonwealth.

         (4)   The amount must not exceed:

                (a)    for each day on which the member was treated as an in‑patient at a service or Repatriation hospital in a State — an amount calculated according to Schedule 2; or

               (b)    for any other medical or dental treatment — the expense actually incurred by the Commonwealth.

         (5)   In calculating an amount referred in paragraph (4) (a), the day on which the member enters a hospital as an in‑patient, and the day on which the member ceases to be an in‑patient of the hospital, are counted as a single day.

         (6)   Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances.

         (7)   In paragraph (1) (b) and subregulation (2), a reference to a member includes a reference to a person:

                (a)    to whom treatment was provided as a member; and

               (b)    who ceases to be a member at any time after receiving the treatment.


 

Part XIII              Suspension and forfeiture of salary and allowances

  

59            Interpretation

         (1)   In this Part, unless the contrary intention appears:

allowance in relation to a member, is a reference to an allowance that, apart from the provisions of this Part, is payable to the member under service law in respect of his or her service in the Defence Force.

foreign country includes a state, province or similar division of a foreign country.

member means a member of the Permanent Forces and includes any member of the Defence Force rendering continuous full‑time service.

offence includes an offence against the law of a foreign country.

police custody, in relation to a member, means detention of the member by one or more members of:

                (a)    the Australian Federal Police;

               (b)    a police force of a State or Territory; or

                (c)    a police force of a foreign country;

in connection with an offence which the member is alleged to have, or is suspected of having, committed, whether or not the member has been charged with that or any other offence during that custody.

salary, in relation to a member, is a reference to salary that, apart from the provisions of this Part, is payable to the member under service law in respect of his or her service in the Defence Force.

service law means any law that applies in relation to a person by reason only that the person is a member and includes a determination under section 58B or 58H of the Act.

         (2)   For the purposes of this Part, the salary or allowances, or salary and allowances:

                (a)    that is or are payable to a member; or

               (b)    that would, but for this Part, have been payable to a member;

during a period, shall be deemed to accrue from day to day during that period.

         (3)   In this Part, a reference to the absence of a member without leave shall be read as a reference to any absence from, or cessation of performance of, duty by the member that is not authorised under service law.

         (4)   For the purposes of this Part, a member who is absent from duty:

                (a)    while in civil custody; or

               (b)    during a period of imprisonment imposed on the member upon conviction of an offence;

shall not be regarded as being absent without leave.

         (5)   In this Part, a reference to the absence of a member while in civil custody shall be read as a reference to any absence from duty by the member where, otherwise than under service law, the member is held in police custody or is otherwise detained in custody pending, or during, the trial of the member for an offence.

         (6)   For the purposes of this Part, where a member:

                (a)    otherwise than under service law, is held in police custody or is otherwise detained in custody pending, or during, the trial of the member for an offence and, during the period of that detention, the member is authorised under service law to be absent from duty; or

               (b)    is undergoing a period of imprisonment imposed on the member upon conviction of an offence;

the member shall not be regarded as being absent while in civil custody.

60            Suspension of salary and allowances

         (1)   Subject to this Part, where a member is absent without leave, or is absent while in civil custody, for 24 hours or more, payment to the member of his or her salary and allowances is suspended.

         (2)   Subject to subregulation (3), a suspension under subregulation (1) in respect of the salary and allowances of a member operates in relation to the salary and allowances that accrue to the member on and after the day following the day on which the member first so became absent.

         (3)   A suspension under subregulation (1) in respect of the salary and allowances of a member who has been absent without leave or while in civil custody does not operate in relation to the salary or allowances that accrue to the member after he or she returns to duty.

61            Certificate of commanding officer

         (1)   Where a member has been absent without leave and that member’s commanding officer has reasonable grounds for believing:

                (a)    that that absence was not an offence against service law; or

               (b)    that there was a reasonable excuse for the absence;

the commanding officer shall issue a certificate to that effect.

         (2)   Where a certificate is issued under subregulation (1) in respect of a member’s absence without leave, the suspension effected by regulation 60 in respect of that absence ceases.

         (3)   Where a commanding officer, who has issued, under subregulation (1), a certificate in respect of the absence without leave of a member, finds that there are no reasonable grounds for the belief on the basis of which the certificate was issued, the commanding officer shall, by writing, revoke the certificate.

         (4)   Subject to this Part, where a certificate issued under subregulation (1) in respect of a member’s absence without leave is revoked under subregulation (3), payment to the member of his or her salary and allowances is suspended.

         (5)   A suspension under subregulation (4) in respect of the salary and allowances of a member operates in relation to:

                (a)    any salary and allowances that accrued to the member during the period:

                          (i)    commencing at the end of the day on which he or she first so became absent; and

                         (ii)    ending immediately before the day on which the certificate was revoked;

                        and which remained unpaid when the certificate was revoked; and

               (b)    subject to subregulation (6), the salary and allowances that accrue to the member on and after the day on which the certificate was revoked.

         (6)   A suspension under subregulation (4) in respect of the salary and allowances of a member does not operate in relation to the salary and allowances that accrue to the member after he or she returns to duty.

62            Effect of suspension

         (1)   Where payment of the salary and allowances of a member is suspended under this Part, no part of the salary or allowances to which that suspension relates is payable to that member.

         (2)   The suspension under this Part of payment of the salary and allowances of a member does not affect any right that the member may have to receive payment of the whole or any part of the salary or allowances to which that suspension relates if that suspension ceases otherwise than by virtue of a forfeiture of that salary or those allowances, or both.

63            Cessation of suspension: absence without leave

         (1)   In this regulation:

duty, in relation to a member, means duty under the command of the member’s commanding officer.

prescribed period, in relation to a member who has been absent without leave, means the period of 14 days commencing at the end of the day on which the member returns to duty.

suspension, in relation to a member, means the suspension under this Part of the payment of salary and allowances to that member by reason of the absence without leave of that member.

         (2)   Where a member subject to a suspension returns to duty after being absent without leave, that suspension continues to apply to the salary and allowances to which it relates after the return to duty of the member and, unless it earlier ceases, ceases:

                (a)    if within the prescribed period for that member is not charged under service law with an offence on the ground of that absence or any part of it — at the end of that period;

               (b)    if within the prescribed period for that member the member is so charged and a direction is given that the charge be not proceeded with — when that direction is given;

                (c)    if within the prescribed period for that member the member is so charged and the charge is dismissed — when the charge is dismissed; or

               (d)    if within the prescribed period for that member the member is so charged and the member is acquitted of the offence — when the member is acquitted.

64            Cessation of suspension — civil custody

         (1)   In this regulation, suspension, in relation to a member, means the suspension under this Part of the payment of salary and allowances to that member by reason of the absence from duty of that member while in civil custody.

         (2)   Where a member subject to a suspension returns to duty from civil custody having been in civil custody by reason of an act which the member is alleged to have done, or is suspected of having done, and during the period of that absence:

                (a)    the member was not charged under a law, other than service law, with an offence constituted by the doing of that act; or

               (b)    the member was so charged and:

                          (i)    the charge was withdrawn;

                         (ii)    the charge was dismissed;

                        (iii)    the member was acquitted of the offence; or

                        (iv)    the charge was found to be proved but a decision was made by the court hearing the charge not to convict the member of an offence;

that suspension ceases when the member so returns to duty.

         (3)   In subregulation (2), the reference to the doing of an act includes a reference to the omission to do an act.

65            Forfeiture of salary and allowances — absence without leave

                Where a member is absent without leave for a period that continues for 24 hours or more and:

                (a)    the member is convicted of being absent without leave in respect of that period;

               (b)    during that absence the member, under a law other than service law, is convicted of an offence for which a sentence of imprisonment is imposed; or

                (c)    that absence is the reason for which the member is discharged from an arm of the Defence Force;

the member, upon that conviction or discharge, as the case may be, forfeits all salary and allowances that accrued to the member during the period:

               (d)    that begins at the end of the day on which the member first became so absent; and

                (e)    that ends at the end of the day on which the member ceased to be so absent.

66            Forfeiture of salary and allowances — civil custody

         (1)   Where by reason of an act which a member is alleged to have done, or is suspected of having done, the member is:

                (a)    absent while in civil custody for a period that continues for 24 hours or more; and

               (b)    convicted under a law, other than service law, of an offence which is constituted by the doing of that act;

the member, upon that conviction, forfeits all salary and allowances that accrued to the member during the period:

                (c)    that begins at the end of the day on which the member first became so absent; and

               (d)    that ends at the end of the day on which the member ceased to be so absent.

         (2)   In subregulation (1), the reference to the doing of an act includes a reference to the omission to do an act.

67            Forfeiture of salary and allowances — imprisonment

         (1)   Where a member is convicted of an offence for which a sentence of imprisonment is imposed, the member, upon that conviction, forfeits all salary and allowances that accrue to the member during the period:

                (a)    that begins at the end of the day on which the member is so convicted; and

               (b)    that ends at the end of the day on which the member ceases to serve that sentence, or ceases to be a member, whichever first occurs.

         (2)   A period of imprisonment referred to in subregulation (1) does not include weekend or periodic detention.

         (3)   In subregulation (2), weekend or periodic detention means detention or imprisonment pursuant to a law, other than service law, providing for:

                (a)    weekend detention or imprisonment; or

               (b)    periodic detention or imprisonment.

68            Forfeiture of salary and allowances — detention under service law

         (1)   Where under service law a member is undergoing the punishment of detention for a period, the member forfeits:

                (a)    so much of the member’s salary that accrues during that period as exceeds the amount of salary that would have accrued to the member during that period if the member had during that period been a normal entry recruit undergoing basic recruit training as specified in Determination No. 6 of 1992, Salaries, made under section 58H of the Defence Act 1903, as in force from time to time; and

               (b)    all allowances that accrue to the member in respect of that period, other than the allowance provided for under Defence Determination 2000/1, made under section 58B of the Act, as in force from time to time as modified from time to time by determinations made under section 58H of that Act.

         (2)   Where under service law a member of the Reserves rendering service other than continuous full‑time service is undergoing the punishment of detention for a period, that member forfeits:

                (a)    so much of the member’s salary that accrues during that period as exceeds the amount of salary that would have accrued to the member during that period if the member had during that period been a normal entry recruit undergoing basic recruit training as specified in Determination No. 6 of 1992, Salaries, made under section 58H of the Defence Act 1903, as in force from time to time; and

               (b)    all allowances that accrue to the member in respect of that period.

         (3)   In subregulation (2), allowance, salary and service law have the same respective meanings in relation to a member referred to in that subregulation as they have in relation to a member.

69            Conviction quashed or set aside

         (1)   In this regulation, member includes a member referred to in subregulation 68 (2).

         (2)   Where under this Part the salary and allowances of a member have been forfeited in whole or part by reason of the conviction of the member for an offence and:

                (a)    subject to paragraph (b), that conviction is quashed or set aside, an amount equal to the amount of the salary and allowances so forfeited is payable to the member;

               (b)    that conviction is quashed or set aside and another conviction substituted or the member is ordered to be tried again for the offence or for another offence, no amount referred to in paragraph (a) is payable to the member; or

                (c)    that conviction is quashed or set aside and at a further trial of the member for that offence or another offence the court or service tribunal acquits the member or decides that the member should not be convicted of an offence, the amount referred to in paragraph (a) is payable to the member.

70            Death of a member during suspension

         (1)   Where:

                (a)    a member dies while absent without leave or the Minister directs in writing that the death of the member is to be presumed to have occurred while the member was absent without leave; and

               (b)    payment of salary and allowances to the member was, at the time of death or presumed death of the member, suspended under this Part;

the Minister shall:

                (c)    if the Minister decides that there are reasonable grounds for believing that the member did not have a reasonable excuse for that absence — by writing order the forfeiture of all salary and allowances that accrued to the member during the period:

                          (i)    that began at the end of the day on which the member first became so absent; and

                         (ii)    that ended at the end of the day on which the member died or was presumed to die; or

               (d)    if the Minister decides that there are no reasonable grounds for believing that the member did not have a reasonable excuse for that absence — that suspension shall then cease.

         (2)   Where a member dies while absent in civil custody and payment of salary and allowances to the member was, at the time of death, suspended under this Part, that suspension shall then cease.

71            Review of decisions

         (1)   Where the Minister makes a decision to order the forfeiture of salary and allowances of a member under subregulation 70 (1), the Minister shall, by notice in writing given not later than 30 days after the date of the decision, inform the person or persons whose interests are affected by the decision of the making of the decision and of the grounds for the decision.

         (2)   An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in subregulation (1).

         (3)   A notice referred to in subregulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

         (4)   A failure to comply with the requirements of subregulation (3) in relation to a decision shall not be taken to affect the validity of a decision.

         (5)   For the purposes of subsection 25 (6) of the Administrative Appeals Tribunal Act 1975, the operation of subsection 43 (1) of that Act is, in relation to an application referred to in subregulation (2), modified by omitting paragraphs (a), (b) and (c) and substituting the following paragraphs:

                       “(a)    affirming the decision under review; or

                         (b)    setting aside the decision under review and making a decision, in substitution for the decision so set aside, to pay to the legal personal representative of a member referred to in subregulation 70 (1) of the Defence Force Regulations an amount equal to the amount of all salary and allowances that accrued to the member during the period referred to in paragraph 70 (1) (c) of those Regulations.”.

72            Recovery of forfeited amounts

         (1)   Where a member receives an amount which comprises in whole or part salary or allowances that have been forfeited under this Part, the member shall repay to the Commonwealth an amount equal to the amount of that salary or those allowances.

         (2)   Without affecting the right of the Commonwealth to recover by any other means an amount repayable by a member under subregulation (1), an amount equal to that amount may be deducted from any salary or allowances payable to the member.


 

Part XIIIA            Delegations by the Minister

  

72A         Delegations of power to make determinations

         (1)   For section 58E of the Act, the Minister may by instrument delegate to a person mentioned in subregulation (2) the power under subsection 58B (1) of the Act to make determinations about the following matters:

                (a)    the remuneration of members or cadets;

               (b)    the payment of allowances or other pecuniary benefits, not being allowances or benefits by way of remuneration, to
or in respect of members or cadets, including the payment of additional compensation to members of the Reserves
to whom compensation is payable under the Safety, Rehabilitation and Compensation Act 1988;

                (c)    the payment of allowances or other pecuniary benefits to or in respect of members of the families of members or cadets;

               (d)    leave of absence and long service leave of members;

                (e)    the provision of other benefits to or in respect of members or cadets, or to or in respect of members of the families of members or cadets;

                (f)    the payment of allowances and expenses to or in respect of, and the provision of travelling facilities for, applicants for appointment or engagement as members in respect of attendance at an enlistment centre of the Defence Force or attendance for interview or examination;

               (g)    deductions from the remuneration of a member or cadet or from allowances or other pecuniary benefits referred to in paragraphs (b) and (c); and

               (h)    the meanings to be attributed to words and expressions used in existing determinations and future determinations made under section 58B of the Act, and the circumstances in which those meanings are to apply.

         (2)   The following persons may be delegates under subregulation (1):

                (a)    the Secretary of the Department;

               (b)    an SES employee performing duty in the Department;

                (c)    any other APS employee who, for the time being, is performing duties in the Department at a classification for which the minimum rate of salary exceeds the maximum rate of salary that applies to the Executive Level 1 classification in the Department;

               (d)    an officer of the Navy who holds the rank of Captain, or a higher rank;

                (e)    an officer of the Army who holds the rank of Colonel, or a higher rank;

                (f)    an officer of the Air Force who holds the rank of Group Captain, or a higher rank.


 

Part XIV              Payment of fines

  

73            Re‑imbursement of the Commonwealth

         (1)   In this regulation:

court includes a court of a foreign country.

foreign country includes a state, province or similar division of a foreign country.

offence means an offence against any law other than the Defence Force Discipline Act 1982 and includes an offence against the law of a foreign country.

         (2)   Where a member charged with an offence is ordered by a court to pay an amount as a fine or other pecuniary penalty or
as damages, reparation, compensation or costs and the Commonwealth pays the whole or part of that amount, the amount so paid is a debt due and payable by the member to the Commonwealth.

         (3)   Without affecting the right of the Commonwealth to recover
by any other means a debt payable by a member under subregulation (2), an amount equal to the amount of that debt may be deducted from any salary or allowances payable to the member.


 

Part 15               Redress of grievances

74            Interpretation

                In this Part, unless the contrary intention appears:

complaint means a complaint made under regulation 75.

external process includes, but is not limited to, the following:

                (a)    proceedings before a civilian court;

               (b)    proceedings before a civilian tribunal;

                (c)    an investigation by:

                          (i)    the Commonwealth Ombudsman; or

                         (ii)    the Australian Human Rights Commission; or

                        (iii)    the Australian Information Commissioner performing the privacy functions; or

                        (iv)    a State or Territory equivalent of a body referred to in subparagraphs (i) to (iii).

Note   Privacy functions has the meaning given by section 9 of the Australian Information Commissioner Act 2010.

service means service as:

                (a)    a member of the Permanent Forces; or

               (b)    a member of the Reserves who is:

                          (i)    rendering continuous full‑time service; or

                         (ii)    on duty.

service chief means the Chief of Navy, the Chief of Army, or the Chief of Air Force.

termination decision means a decision, under Part VIIIA of the Act or under the Defence (Personnel) Regulations 2002, to terminate a member’s service.

75            Making a complaint

         (1)   Subject to subregulation (2), a member may make a complaint under this Part if:

                (a)    the member considers that a decision, act or omission in relation to the member’s service is adverse or detrimental to him or her; and

               (b)    the adverse or detrimental effect of that decision, act or omission is capable of being redressed by:

                          (i)    a member of the Defence Force; or

                         (ii)    an employee of the Department; or

                        (iii)    an employee of the Defence Material Organisation.

         (2)   However, a member may not make a complaint in relation to:

                (a)    a decision, act or omission under this Part; or

               (b)    an action that initiates an administrative process; or

                (c)    the issue of a termination notice under Part VIIIA of the Act or under Part 2 of Chapter 9 of the Defence (Personnel) Regulations 2002; or

               (d)    a decision to give, or not to give, a particular assessment, grade or rating as the result of a performance assessment process; or

                (e)    a decision, judgment or order made by a civil or criminal court, a service tribunal or the Defence Force Discipline Appeal Tribunal; or

                (f)    a liability arising under section 15 or 42 of the Financial Management and Accountability Act 1997.

         (3)   If the complaint relates to a termination decision, the member must make the complaint within 14 days after:

                (a)    the day on which the member was notified of the decision; or

               (b)    the day on which the member could reasonably be expected to have known about the decision.

         (4)   If subregulation (3) does not apply, the member must make the complaint within 6 months after:

                (a)    the day on which the member was notified of the decision, act or omission; or

               (b)    the day on which the member could reasonably be expected to have known about the decision, act or omission.

         (5)   A complaint must be:

                (a)    made in writing; and

               (b)    submitted to the member’s commanding officer.

76            Exceptional circumstances — complaints

         (1)   Despite regulation 75, a commanding officer may accept a complaint that is made more than 6 months after:

                (a)    the day on which the member was notified of a decision, act or omission; or

               (b)    the day on which the member could reasonably be expected to have known about the decision, act or omission;

if:

                (c)    the complaint does not relate to a termination decision; and

               (d)    the commanding officer is satisfied that exceptional circumstances exist.

         (2)   If the commanding officer is not satisfied that exceptional circumstances exist for subregulation (1), the commanding officer must refer the complaint to the member’s service chief.

         (3)   If the complaint is referred to a service chief under subregulation (2), the service chief must decide whether or not exceptional circumstances exist for subregulation (1).

77            Inquiry into complaint

         (1)   Subject to subregulation (2), if a complaint is:

                (a)    made to a commanding officer under regulation 75; or

               (b)    referred to a service chief under regulation 82; or

                (c)    referred to the Chief of the Defence Force under regulation 87;

the commanding officer, the service chief or the Chief of the Defence Force must inquire into the complaint as soon as is reasonably practicable.

         (2)   If a complaint:

                (a)    relates to a decision, act or omission by the commanding officer to whom the complaint is made; and

               (b)    contains only information that was inquired into by the commanding officer as part of the decision, act or omission to which the complaint relates;

the commanding officer must not inquire into the complaint.

         (3)   If subregulation (2) applies:

                (a)    the commanding officer must refer the complaint to the member’s service chief; and

               (b)    the member’s service chief must inquire into the complaint, as if the complaint were referred under subregulation 82 (1).

78            Delayed inquiries

         (1)   If:

                (a)    a complaint has been made to a commanding officer under regulation 75; and

               (b)    90 days have elapsed since the complaint was made;

the service chief must decide whether or not the complaint should be referred to himself or herself.

         (2)   If a service chief decides, under subregulation (1), that a complaint should be referred to himself or herself:

                (a)    the complaint is taken to be referred to the service chief as if it had been referred under regulation 82; and

               (b)    the service chief must inquire into the complaint under regulation 77; and

                (c)    the commanding officer to whom the complaint was made under regulation 75 is discharged from his or her obligations under this Part to inquire into and make a decision on the complaint.

79            Suspension of consideration of complaint

                If:

                (a)    a complaint has been made to a commanding officer under regulation 75; and

               (b)    the subject matter of the complaint is also subject to an external process, disciplinary action (including a review or appeal under the Defence Force Discipline Act 1982 or the Defence Force Discipline Appeals Act 1955), or an alternative dispute resolution process; and

                (c)    the commanding officer is satisfied that it would be appropriate for the external process, disciplinary action or alternative dispute resolution process to be completed before making a decision on the complaint;

the commanding officer may suspend the complaint resolution process until the external process, disciplinary action or alternative dispute resolution process has been completed.

80            Resumption of consideration of complaint

                If:

                (a)    a complaint resolution process has been suspended under regulation 79; and

               (b)    the commanding officer becomes aware that the external process, disciplinary action or alternative dispute resolution process has been completed;

the commanding officer must, as soon as is reasonably practicable, resume consideration of the complaint.

81            Decision on complaints

         (1)   A commanding officer who has received a complaint must, as soon as is reasonably practicable after receiving the complaint:

                (a)    inquire into the complaint; and

               (b)    make a decision on the complaint; and

                (c)    take any other action that, in his or her opinion, is necessary.

         (2)   The commanding officer must, as soon as is reasonably practicable after the day on which the commanding officer makes a decision under subregulation (1), notify the member who made the complaint of the decision.

82            Referral of complaint if member not satisfied with decision

         (1)   Subject to subregulation (2) and (3), if a member is not satisfied with the decision of a commanding officer made in accordance with regulation 81 on a complaint, the member may refer the complaint:

                (a)    in the case of a member of the Navy — to the Chief of Navy; or

               (b)    in the case of a member of the Army — to the Chief of Army; or

                (c)    in the case of a member of the Air Force — to the Chief of Air Force.

         (2)   If a complaint relates to a termination decision, the member must refer the complaint to the relevant service chief within 14 days after the day on which the member is notified of the commanding officer’s decision under subregulation 81 (2).

         (3)   If a complaint relates to a decision other than a termination decision, the member must refer the complaint to the relevant service chief within 28 days after the day on which the member is notified of the commanding officer’s decision under subregulation 81 (2).

83            Exceptional circumstances — referred complaints

                Despite subregulation 82 (3), a service chief may accept a complaint that is referred more than 28 days from the day on which the member was notified of the commanding officer’s decision under subregulation 81 (2), if:

                (a)    the complaint does not relate to a termination decision; and

               (b)    the service chief is satisfied that exceptional circumstances exist.

84            Suspension of consideration of referred complaints

                If:

                (a)    a complaint has been referred to a service chief under subregulation 82 (1); and

               (b)    the subject matter of the complaint is also subject to an external process, disciplinary action (including a review or appeal under the Defence Force Discipline Act 1982 or the Defence Force Discipline Appeals Act 1955), or an alternative dispute resolution process; and

                (c)    the service chief is satisfied that it would be appropriate for the external process, disciplinary action or alternative dispute resolution process to be completed before making a decision on the complaint;

the service chief may suspend the complaint resolution process until the external process, disciplinary action or alternative dispute resolution process has been completed.

85            Resumption of consideration of referred complaints

                If:

                (a)    a complaint resolution process has been suspended under subregulation 84; and

               (b)    the service chief becomes aware that the external process, disciplinary action or alternative dispute resolution process has been completed;

the service chief must, as soon as is reasonably practicable, resume consideration of the complaint.

86            Decision on referred complaints

         (1)   A service chief to whom a complaint is referred, under subregulation 82 (1), must, as soon as is reasonably practicable after the complaint is referred to him or her:

                (a)    inquire into the referred complaint; and

               (b)    make a decision on the referred complaint; and

                (c)    take any other action that, in his or her opinion, is necessary.

         (2)   The service chief must, as soon as is reasonably practicable after the day on which he or she makes a decision under subregulation (1), notify the member who made the complaint of the decision.

87            Further referral of officer’s complaints

         (1)   Subject to subregulations (2) and (3), if an officer is not satisfied with a decision under subregulation 86 (1), the officer may refer the matter to the Chief of the Defence Force.

         (2)   If a complaint relates to a termination decision, the officer must refer the complaint to the Chief of the Defence Force within 14 days after the day on which the officer is notified of the decision of the relevant service chief under subregulation
86 (2).

         (3)   If a complaint relates to a decision other than a termination decision, the officer must refer the complaint to the Chief of the Defence Force within 28 days after the day on which the officer is notified of the decision of the relevant service chief under subregulation 86 (2).

         (4)   In this regulation, officer includes:

                (a)    chief petty officer; and

               (b)    flight sergeant; and

                (c)    warrant officer.

88            Exceptional circumstances — complaints referred to Chief of the Defence Force

                Despite subregulation 87 (3), the Chief of the Defence Force may accept a complaint that is referred more than 28 days from the day on which the officer was notified of the service chief’s decision under subregulation 86 (2) if:

                (a)    the complaint does not relate to a termination decision; and

               (b)    the Chief of the Defence Force is satisfied that exceptional circumstances exist.

89            Suspension of consideration of complaints referred to Chief of the Defence Force

                If:

                (a)    a complaint has been referred to the Chief of the Defence Force under subregulation 87 (1); and

               (b)    the subject matter of the complaint is also subject to
an external process, disciplinary action (including a review or appeal under the Defence Force Discipline Act 1982
or the Defence Force Discipline Appeals Act 1955), or an alternative dispute resolution process; and

                (c)    the Chief of the Defence Force is satisfied that it would be appropriate for the external process, disciplinary action or alternative dispute resolution process to be completed before making a decision on the complaint;

the Chief of the Defence Force may suspend the complaint resolution process until the external process, disciplinary action or alternative dispute resolution process has been completed.

90            Resumption of consideration of complaints referred to Chief of the Defence Force

                If:

                (a)    a complaint resolution process has been suspended under regulation 89; and

               (b)    the Chief of the Defence Force becomes aware that the external process, disciplinary action or dispute resolution process has been completed;

the Chief of the Defence Force must, as soon as is reasonably practicable, resume consideration of the complaint.

91            Decision on complaints referred to Chief of the Defence Force

         (1)   The Chief of the Defence Force must, as soon as is reasonably practicable after the complaint is referred to him or her:

                (a)    inquire into the referred complaint; and

               (b)    make a decision on the referred complaint; and

                (c)    take any other action that, in his or her opinion, is necessary.

         (2)   The Chief of the Defence Force must, as soon as is reasonably practicable after making a decision under subregulation (1), notify the officer who made the complaint of the decision.

92            Offences in relation to complaints

         (1)   A member is guilty of an offence if he or she prevents or dissuades another member from:

                (a)    making a complaint; or

               (b)    requesting the referral of a complaint; or

                (c)    inquiring into a complaint; or

               (d)    referring a complaint; or

                (e)    redressing a grievance; or

                (f)    taking any other action in relation to this Part.

Penalty:   5 penalty units or imprisonment for 3 months.

         (2)   A member is guilty of an offence if he or she causes another member to be victimised, penalised or prejudiced in any way for:

                (a)    making a complaint; or

               (b)    requesting the referral of a complaint.

Penalty:   5 penalty units or imprisonment for 3 months.

93            Delegations

         (1)   The Chief of the Defence Force may, in writing, delegate all or any of his or her powers under this Part, other than this power of delegation, to any of the following officers:

                (a)    an officer of the Navy not below the rank of Commodore;

               (b)    an officer of the Army not below the rank of Brigadier;

                (c)    an officer of the Air Force not below the rank of Air Commodore.

         (2)   The Chief of Navy may, in writing, delegate all or any of his or her powers under this Part, other than this power of delegation, to an officer of the Navy who holds a rank not below the rank of Commodore.

         (3)   The Chief of Army may, in writing, delegate all or any of his or her powers under this Part, other than this power of delegation, to an officer of the Army who holds a rank not below the rank of Brigadier.

         (4)   The Chief of Air Force may, in writing, delegate all or any of his or her powers under this Part, other than this power of delegation, to an officer of the Air Force who holds a rank not below the rank of Air Commodore.

Note   In accordance with the Acts Interpretation Act 1901, if a power is delegated:

(a)   the exercise of the power by the delegate is taken to be the exercise of the power by the person who delegated the power; and

(b)   the delegation does not prevent the exercise of power by the person who delegated the power.

Part 15A             Defence Honours and Awards Appeals Tribunal

  

93A         Definitions

                In this Part:

defence award — see regulation 93C.

defence honour — see regulation 93B.

Note   Several other words and expressions used in these Regulations have the meaning given by section 110T of the Act, for example:

·      Chair

·      foreign award

·      procedural rules

·      reviewable decision

·      review of a reviewable decision

·      Tribunal member.

93B         Meaning of defence honour

                For section 110T of the Act, an honour mentioned in Part 1 of Schedule 3 is a defence honour.

93C         Meaning of defence award

                For section 110T of the Act, an award mentioned in Part 2 of Schedule 3 is a defence award.

93D         Disclosure of information

         (1)   A person commits an offence if:

                (a)    the person discloses information; and

               (b)    the information:

                          (i)    is obtained by the person as a member of the Tribunal, or as a person or organisation assisting the Tribunal; and

                         (ii)    is part of or relates to an application for review of a reviewable decision.

Penalty:   20 penalty units.

         (2)   Subregulation (1) does not apply if:

                (a)    the disclosure of the information is permitted or required by the Act or the procedural rules; or

               (b)    the disclosure of the information is the subject of an order under section 110XD of the Act; or

                (c)    the disclosure of the information is only by or to the person to whom the information relates; or

               (d)    the disclosure of the information is authorised by the person to whom the information relates.

93E         Remuneration

         (1)   For subsection 110YE (1) of the Act, the remuneration payable to the Chair is $945 a day.

         (2)   For subsection 110YE (1) of the Act, the remuneration payable to another Tribunal member is $685 a day.

93F         Travel allowance

                For subsection 110YE (2) of the Act, the rate of travel allowance payable to a Tribunal member is in accordance with the Tier 2 rate under the Remuneration Tribunal Determination 2004/03.

Part XVI              Miscellaneous

  

94            Administration fee: deduction from salary

                For the purposes of subsection 120B (4) of the Act, the prescribed rate of administration fee payable in respect of an amount deducted pursuant to subsection 120B (3) of the Act is 2.5% of that amount.

95            Body corporate declared for the purposes of subsection 123 (2) of the Act

                Australian Defence Industries Pty Ltd is a body corporate in relation to which subsection 123 (2) of the Act applies.


Schedule 1        Form of warrant

(regulation 45)

  

Commonwealth of Australia

Defence Act 1903

TO each member or special member of the Australian Federal Police, each member of the police force of a State or Territory and each member of the Defence Force.

WHEREAS section 116F of the Defence Act 1903 provides that where the designated authority of a country in relation to which that section applies, by writing signed by him, requests an officer authorized by the Chief of the Defence Force or a service chief, by order in writing, for
the purposes of Division 3 of Part IXA of that Act for assistance in
the apprehension of a member of the forces of that country, not being
an Australian citizen, who is an absentee without leave from those
forces, the authorized officer may, in his discretion, issue a warrant in accordance with the prescribed form authorizing a member or a special member of the Australian Federal Police or a member of the police force of a State or Territory or any member of the Defence Force to arrest that absentee:

AND WHEREAS                                       , the Chief of the Defence Force or a service chief, by order in writing dated                                                           , authorized me for the purposes of Division 3 of Part IXA of that Act:

AND WHEREAS the designated authority of                          , a country to which section 116F of the Defence Act 1903 applies, has, by writing signed by him, made a request to me for assistance in the apprehension of a member of the forces of that country, being a person described in the Schedule, who is an absentee without leave from those forces:

AND WHEREAS that person is not an Australian citizen:

NOW THEREFORE I,                                                    , an officer of the Army/Air Force/Navy, by this warrant authorize you to arrest the person described in the Schedule.

SCHEDULE

Full name:

Rank:

 

 

Number:

 

 

 

Unit or station:

 

 

 

Date of birth:

 

 

 

Citizenship:

Race:

 

 

Height:

Weight:

Build:

 

Complexion:

Colour of eyes:

Colour of hair:

 

 

Other distinguishing marks or features:

 

 

 

Date on which and place from which

 

 

absented himself

without leave:

 

 

 

Dated this

day of

, 19    .

 

 

 

 

 

 

 

 

(Signature of authorized officer)

 

 

(Rank and appointment)

 

Schedule 2        Charge for each day on which member was an in‑patient at a service or Repatriation hospital in a State

(subregulation 58G (4))

  

 

Column 1

Column
2

Column
3

Column
4

Column
5

Column
6

Column
7

Column
8

Item

Period when treatment was provided

Hospital
in
New South Wales

Hospital in Victoria

Hospital
in Queensland

Hospital
in South Australia

Hospital
in Western Australia

Hospital in Tasmania

 

 

$

$

$

$

$

$

1

1 July 1975 to 30 June 1976

72.04

87.86

66.71

74.04

86.61

68.63

2

1 July 1976 to 30 June 1977

88.07

121.50

82.25

90.18

82.08

82.70

3

1 July 1977 to 30 June 1978

112.84

141.50

100.12

108.65

100.06

93.95

4

1 July 1978 to 30 June 1979

136.22

134.92

116.02

122.27

117.96

102.41

5

1 July 1979 to 30 June 1980

144.04

142.07

125.26

132.52

124.65

113.60

6

1 July 1980 to 30 June 1981

157.66

162.48

136.83

145.45

134.60

128.68

7

1 July 1981 to 30 June 1982

174.50

188.65

156.62

166.46

156.70

162.08

8

1 July 1982 to 30 June 1983

219.83

213.10

176.83

180.97

183.88

165.86

9

1 July 1983 to 30 June 1984

237.00

230.83

203.74

210.81

201.35

190.94

10

1 July 1984 to 30 June 1985

276.12

264.85

223.53

239.41

212.42

210.55

11

1 July 1985 to 30 June 1986

290.26

281.27

233.58

253.37

221.62

218.47

12

On or after
1 July 1986

340.00

375.00

277.50

282.50

260.00

272.50

Schedule 3        Defence honours and awards

(regulations 93B and 93C)

Part 1          Defence honours

 

Item

Name of honour

1

Victoria Cross for Australia

2

Victoria Cross

3

Star of Gallantry

4

Companion of the Distinguished Service Order

5

Distinguished Service Cross (Australia)

6

Conspicuous Service Cross

7

Nursing Service Cross

8

Royal Red Cross (1st Class)

9

Distinguished Service Cross (Imperial)

10

Military Cross

11

Distinguished Flying Cross

12

Air Force Cross

13

Royal Red Cross (2nd Class)

14

Medal for Gallantry

15

Distinguished Service Medal (Australia)

16

Distinguished Conduct Medal

17

Conspicuous Gallantry Medal

18

Conspicuous Gallantry Medal (Flying)

19

Conspicuous Service Medal

20

Distinguished Service Medal (Imperial)

21

Military Medal

22

Distinguished Flying Medal

23

Air Force Medal

24

Queen’s Gallantry Medal

25

Commendation for Gallantry

26

Queen’s Commendation for Brave Conduct

27

Queen’s Commendation for Valuable Service in the Air

28

Mention in Despatches

29

Commendation for Distinguished Service

Part 2          Defence awards

 

Item

Name of award

1

Naval General Service Medal 1915–62

2

General Service Medal 1918–62

3

1939–45 Star

4

Atlantic Star

5

Air Crew Europe Star

6

Africa Star

7

Pacific Star

8

Burma Star

9

Italy Star

10

France and Germany Star

11

Defence Medal

12

War Medal, 1939–45

13

Australia Service Medal 1939–45

14

Australian Active Service Medal 1945–1975

15

Korea Medal

16

United Nations Service Medal for Korea

17

General Service Medal 1962

18

Vietnam Medal

19

Vietnam Logistic and Support Medal

20

Australian Active Service Medal

21

International Force East Timor Medal

22

Afghanistan Medal

23

Iraq Medal

24

Australian Service Medal 1945–75

25

Australian General Service Medal for Korea

26

Australian Service Medal

27

Rhodesia Medal

28

Defence Force Service Medal

29

Reserve Force Decoration

30

Reserve Force Medal

31

Defence Long Service Medal

32

Australian Cadet Forces Service Medal

33

Champion Shots Medal

34

Army Best Shots Medal

35

Queen’s Medal for Champion Shots of the RAAF

36

Royal Navy Long Service and Good Conduct Medal

37

Royal Navy Volunteer Reserve Decoration

38

Royal Navy Reserve Decoration

39

Royal Naval Reserve Long Service and Good Conduct Medal

40

Royal Naval Volunteer Reserve Long Service and Good Conduct Medal

41

Royal Fleet Reserve Long Service and Good Conduct Medal

42

Meritorious Service Medal

43

Long Service and Good Conduct Medal (Army)

44

Efficiency Decoration

45

Efficiency Medal

46

Meritorious Service Medal (RAAF)

47

Long Service and Good Conduct Medal (RAAF)

48

Air Efficiency Award

49

Cadet Forces Medal

50

Australian Defence Medal

51

Anniversary of National Service 1951–1972 Medal

 


Notes to the Defence Force Regulations 1952

Note 1

The Defence Force Regulations 1952 (in force under the Defence Act 1903) as shown in this compilation comprise Statutory Rules 1952 No. 29 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of
notification in
Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1952 No. 29

24 Apr 1952

24 Apr 1952

 

1953 No. 61

25 June 1953

25 June 1953

1953 No. 62

25 June 1953

25 June 1953

1958 No. 38

12 June 1958

12 June 1958

1963 No. 133

13 Dec 1963

15 Dec 1963 (see r. 1 and Gazette 1963, p. 4577)

1968 No. 14

29 Feb 1968

29 Feb 1968

1976 No. 52

6 Feb 1976

9 Feb 1976

1976 No. 106

1 June 1976

1 June 1976

1980 No. 95

9 May 1980

9 May 1980

1980 No. 244

27 Aug 1980

8 Sept 1980

1981 No. 177

30 June 1981

30 June 1981

1981 No. 352

9 Dec 1981

9 Dec 1981

1982 No. 271

20 Oct 1982

20 Oct 1982

1983 No. 129

5 Aug 1983

15 Aug 1983

1984 No. 392

5 Dec 1984

5 Dec 1984

1985 No. 88

7 June 1985

1 July 1985

1985 No. 118

20 June 1985

3 July 1985

1985 No. 131

28 June 1985

3 July 1985

R. 3

1985 No. 156

1 July 1985

3 July 1985

1985 No. 235

27 Sept 1985

1 Oct 1985

1985 No. 331

12 Dec 1985

12 Dec 1985

1986 No. 101

23 May 1986

23 May 1986

1987 No. 113

15 June 1987

15 June 1987

1988 No. 58

29 Apr 1988

29 Apr 1988

1988 No. 89

25 May 1988

25 May 1988

1988 No. 321

2 Dec 1988

2 Dec 1988

1988 No. 322

2 Dec 1988

2 Dec 1988

1989 No. 203

7 Aug 1989

1 Sept 1989 (see r. 1
and Gazette 1989, No. S268)

1989 No. 275

19 Oct 1989

19 Oct 1989

1989 No. 290

31 Oct 1989

31 Oct 1989

1989 No. 302

13 Nov 1989

13 Nov 1989

1990 No. 92

23 May 1990

23 May 1990

1995 No. 51

29 Mar 1995

4 June 1992

1995 No. 69

11 Apr 1995

11 Apr 1995

1996 No. 177

21 Aug 1996

Rr. 4 and 7: 21 Aug
1996
Remainder: 1 Dec
1996

1997 No. 40

12 Mar 1997

12 Mar 1997

1997 No. 257

24 Sept 1997

24 Sept 1997

1998 No. 5

11 Feb 1998

11 Feb 1998

1998 No. 63

24 Apr 1998

24 Apr 1998

1999 No. 117

17 June 1999

17 June 1999

1999 No. 235

20 Oct 1999

20 Oct 1999

2000 No. 82

1 June 2000

1 June 2000

2000 No. 263 (a)

13 Sept 2000

13 Sept 2000

2001 No. 305

15 Oct 2001

15 Dec 2001

R. 2 (rs. by Act No. 135, 2003, Sch. 3 (item 2))

2002 No. 278

21 Nov 2002

1 Dec 2002

2002 No. 311

19 Dec 2002

19 Dec 2002

2003 No. 245

1 Oct 2003

1 Oct 2003

2008 No. 68

2 May 2008 (see F2008L01192)

3 May 2008

2008 No. 175

1 Sept 2008 (see F2008L03070)

2 Sept 2008

2008 No. 184

19 Sept 2008 (see F2008L03462)

20 Sept 2008

2009 No. 185

3 Aug 2009 (see F2009L02973)

5 Aug 2009 (see r.2)

2009 No. 361

15 Dec 2009 (see F2009L04492)

16 Dec 2009

2010 No. 270

28 Oct 2010 (see F2010L02818)

1 Nov 2010

2011 No. 22

15 Mar 2011 (see F2011L00421)

16 Mar 2011

(a)    Statutory Rule 2000 No. 263 was made under the Defence Act 1903 and the Air Force Act 1923.

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

Part I

 

R. 1.........................................

rs. 1999 No. 117

R. 2.........................................

am. 1953 No. 61

 

rep. 1976 No. 52

R. 3.........................................

am. 1968 No. 14; 1976 No. 52; 1980 No. 244; 1983 No. 129

R. 3A.......................................

ad. 1976 No. 52

 

am. 1976 No. 106; 1982 No. 271

 

rs. 1996 No. 177

 

am. 2000 No. 82

Part II

 

Heading to Part II.................

am. 1985 No. 118

R. 4.........................................

am. 1976 No. 52; 1980 No. 244; 1984 No. 392

R. 5.........................................

am. 1958 No. 38; 1976 No. 52

 

rs. 1980 No. 244

 

am. 1985 No. 118

R. 6.........................................

am. 1953 No. 62; 1958 No. 38; 1976 No. 52

 

rs. 1980 No. 244

 

am. 1985 No. 118

R. 7.........................................

am. 1953 No. 62; 1958 No. 38; 1976 No. 52

 

rs. 1980 No. 244

 

am. 1985 No. 118

R. 8.........................................

am. 1958 No. 38; 1976 No. 52

 

rs. 1980 No. 244

 

am. 1985 No. 118; 1996 No. 177

R. 9.........................................

am. 1976 No. 52; 1984 No. 392

R. 10.......................................

am. 1976 No. 52; 1980 No. 244

R. 11.......................................

am. 1976 No. 52

Part 3

 

Part 3......................................

ad. 2000 No. 263

R. 11A....................................

ad. 2000 No. 263

R. 11B....................................

ad. 2000 No. 263

R. 11C....................................

ad. 2000 No. 263

 

am. 2002 No. 278

R. 11D....................................

ad. 2000 No. 263

Part III (rr. 12–14).................

rep. 1963 No. 133

Part III (rr. 12, 13).................

ad. 1976 No. 52

 

rep. 1997 No. 257

Rr. 12, 13...............................

rep. 1963 No. 133

 

ad. 1976 No. 52

 

rep. 1997 No. 257

R. 14.......................................

rep. 1963 No. 133

Part IV

 

R. 15.......................................

am. 1968 No. 14

R. 17.......................................

am. 1976 No. 52; 1981 No. 177

R. 19.......................................

am. 1976 No. 52; 1981 No. 177

R. 20.......................................

am. 1968 No. 14

R. 21.......................................

am. 1968 No. 14; 1976 No. 52

 

rs. 2001 No. 305; 2002 No. 311

Part V

 

R. 23.......................................

am. 1976 No. 52

R. 24.......................................

am. 1976 No. 52

R. 25.......................................

am. 1976 No. 52; 1980 No. 244

Part VI

 

R. 26.......................................

am. 1976 No. 52

R. 28.......................................

am. 1976 No. 52

R. 29.......................................

am. 1976 No. 52

R. 31.......................................

rs. 1953 No. 62

 

am. 1976 No. 52; 1988 No. 322

Part VII

 

Part VII...................................

rep. 1953 No. 61

 

ad. 1976 No. 52

R. 32.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

 

am. 1980 No. 244; 1981 Nos. 177 and 352; 1988 No. 58

R. 33.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

 

am. 1980 No. 244

R. 34.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

 

am. 1980 No. 244

R. 35.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

 

am. 2001 No. 305

 

rs. 2002 No. 311

R. 36.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

 

am. 1980 No. 244

R. 37.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

 

rs. 2001 No. 305; 2002 No. 311

R. 38.......................................

rep. 1953 No. 61

 

ad. 1976 No. 52

R. 38A....................................

ad. 1981 No. 352

Part VIII

 

Part VIII..................................

ad. 1980 No. 244

R. 39.......................................

ad. 1980 No. 244

 

am. 1985 No. 118; 1997 No. 40

Heading to r. 40...................

am. 1997 No. 40

R. 40.......................................

ad. 1980 No. 244

 

am. 1997 No. 40

Part IX (rr. 41–43)................

ad. 1980 No. 95

 

rep. 1998 No. 63

R. 41.......................................

ad. 1980 No. 95

 

am. 1997 No. 40

 

rep. 1998 No. 63

R. 42.......................................

ad. 1980 No. 95

 

rep. 1998 No. 63

R. 43.......................................

ad. 1980 No. 95

 

rep. 1998 No. 63

Part IXA

 

Part IXA..................................

ad. 1989 No. 203

R. 43A....................................

ad. 1989 No. 203

 

am. 1997 No. 40

Part X

 

Part X.....................................

ad. 1983 No. 129

R. 44.......................................

ad. 1983 No. 129

 

am. 1985 No. 331; 1999 No. 235

R. 45.......................................

ad. 1983 No. 129

 

am. 1996 No. 177

R. 46.......................................

ad. 1983 No. 129

 

am. 1985 No. 118; 2008 No. 184; 2009 No. 361

R. 47.......................................

ad. 1983 No. 129

Part XI

 

Part XI....................................

ad. 1985 No. 88

R. 48.......................................

ad. 1985 No. 88

 

am. 1989 No. 290

R. 49.......................................

ad. 1985 No. 88

 

am. 1989 No. 290; 1997 No. 40

R. 50.......................................

ad. 1985 No. 88

 

am. 1987 No. 113

R. 51.......................................

ad. 1985 No. 88

 

am. 1989 No. 290; 1997 No. 40

 

rs. 2002 No. 311

R. 52.......................................

ad. 1985 No. 88

 

am. 1989 No. 290

R. 53.......................................

ad. 1985 No. 88

 

am. 1989 No. 290; 1990 No. 92; 1997 No. 40

 

rs. 2001 No. 305; 2002 No. 311

 

am. 2003 No. 245

R. 54.......................................

ad. 1985 No. 88

 

am. 1990 No. 92

R. 55.......................................

ad. 1985 No. 88

 

am. 1990 No. 92

R. 56.......................................

ad. 1985 No. 88

 

am. 1990 No. 92

 

rs. 2002 No. 311

R. 57.......................................

ad. 1985 No. 88

 

am. 1987 No. 113

R. 57A....................................

ad. 1987 No. 113

Heading to r. 57B.................

am. 1997 No. 40

R. 57B....................................

ad. 1987 No. 113

 

am. 1989 No. 290; 1997 No. 40; 2000 No. 82

 

rs. 2002 No. 311

R. 57BA..................................

ad. 2002 No. 311

R. 57BB..................................

ad. 2002 No. 311

R. 57BC.................................

ad. 2002 No. 311

R. 57C....................................

ad. 1987 No. 113

Part XII

 

Part XII...................................

ad. 1985 No. 88

R. 58.......................................

ad. 1985 No. 88

 

am. 2002 No. 311

Part 12A

 

Heading to Part XIIA............

rep. 1999 No. 117

Part XIIA.................................

ad. 1996 No. 177

Heading to Part 12A............

ad. 1999 No. 117

Division 1

 

R. 58A....................................

ad. 1996 No. 177

 

rs. 2002 No. 278

Division 2

 

Heading to Div. 2 of............
Part XIIA

rep. 1999 No. 117

Heading to Div. 2 of............
Part 12A

ad. 1999 No. 117

R. 58B....................................

ad. 1996 No. 177

 

rep. 1999 No. 117

R. 58C....................................

ad. 1996 No. 177

R. 58D....................................

ad. 1996 No. 177

Division 3

 

R. 58E.................................... .............................................

ad. 1996 No. 177

R. 58F.....................................

ad. 1996 No. 177

R. 58G....................................

ad. 1996 No. 177

Part XIII

 

Part XIII..................................

ad. 1985 No. 131

R. 59.......................................

ad. 1985 No. 131

R. 60.......................................

ad. 1985 No. 131

R. 61.......................................

ad. 1985 No. 131

R. 62.......................................

ad. 1985 No. 131

R. 63.......................................

ad. 1985 No. 131

 

am. 1988 No. 89

R. 64.......................................

ad. 1985 No. 131

R. 65.......................................

ad. 1985 No. 131

R. 66.......................................

ad. 1985 No. 131

R. 67.......................................

ad. 1985 No. 131

R. 68.......................................

ad. 1985 No. 131

 

am. 1986 No. 101; 1995 No. 51; 2000 No. 82; 2002 No. 278

R. 69.......................................

ad. 1985 No. 131

R. 70.......................................

ad. 1985 No. 131

R. 71.......................................

ad. 1985 No. 131

R. 72.......................................

ad. 1985 No. 131

Part XIIIA

 

Part XIIIA................................

ad. 1988 No. 321

R. 72A....................................

ad. 1988 No. 321

 

am. 1996 No. 177; 1998 No. 5; 2000 No. 82; 2002 No. 278

Part XIV

 

Part XIV..................................

ad. 1985 No. 131

R. 73.......................................

ad. 1985 No. 131

Part XV...................................

ad. 1985 No. 156

 

rep. 2008 No. 68

Part 15

 

Part 15...................................

ad. 2008 No. 68

R. 74.......................................

ad. 1985 No. 156

 

rs. 2008 No. 68

 

am. 2009 No. 185; 2010 No. 270

R. 75.......................................

ad. 1985 No. 156

 

rs. 2008 No. 68

 

am. 2008 No. 175

R. 76.......................................

ad. 1985 No. 156

 

rs. 1995 No. 69

 

am. 1997 No. 40

 

rs. 2008 No. 68

R. 77.......................................

ad. 1985 No. 156

 

rs. 1995 No. 69; 2008 No. 68

R. 78.......................................

ad. 1985 No. 156

 

rep. 1995 No. 69

 

ad. 2008 No. 68

R. 79.......................................

ad. 1985 No. 156

 

am. 1995 No. 69

 

rs. 2008 No. 68

R. 80.......................................

ad. 1985 No. 156

 

rs. 2002 No. 311; 2008 No. 68

R. 81.......................................

ad. 1985 No. 156

 

am. 1995 No. 69; 1997 No. 40

 

rs. 2008 No. 68

R. 82.......................................

ad. 1985 No. 156

 

am. 1989 No. 302; 1998 No. 63

 

rs. 2008 No. 68

R. 83.......................................

ad. 2008 No. 68

R. 84.......................................

ad. 2008 No. 68

R. 85.......................................

ad. 2008 No. 68

R. 86.......................................

ad. 2008 No. 68

R. 87.......................................

ad. 2008 No. 68

R. 88.......................................

ad. 2008 No. 68

R. 89.......................................

ad. 2008 No. 68

R. 90.......................................

ad. 2008 No. 68

R. 91.......................................

ad. 2008 No. 68

R. 92.......................................

ad. 2008 No. 68

R. 93.......................................

ad. 2008 No. 68

Part 15A

 

Part 15A.................................

ad. 2011 No. 22

R. 93A....................................

ad. 2011 No. 22

R. 93B....................................

ad. 2011 No. 22

R. 93C....................................

ad. 2011 No. 22

R. 93D....................................

ad. 2011 No. 22

R. 93E....................................

ad. 2011 No. 22

R. 93F.....................................

ad. 2011 No. 22

Part XVI

 

Heading to Part XVI.............

am. 1989 No. 275

Part XVI..................................

ad. 1985 No. 235

R. 83.......................................

ad. 1985 No. 235

Renumbered r. 94.............

2008 No. 68

R. 84.......................................

ad. 1989 No. 275

Renumbered r. 95.............

2008 No. 68

Schedule 1

 

Heading to Schedule..........

rep. 1996 No. 177

Schedule...............................

ad. 1983 No. 129

Heading to Schedule 1.......

ad. 1996 No. 177

Schedule 1............................

am. 1997 No. 40

Schedule 2

 

Schedule 2............................

ad. 1996 No. 177

Schedule 3

 

Schedule 3............................

ad. 2011 No. 22