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Defence Legislation Amendment Bill (No. 1) 2010

Schedule 2 Procedure for termination in relation to prohibited substances

Part 1 Amendments

Defence Act 1903

1  Section 93 (paragraph (c) of the definition of relevant authority )

Omit “the commanding officer who has responsibility for the defence civilian”, substitute “the relevant service chief”.

2  After subsection 101(5)

Insert:

          (5A)  If a delegate of the Governor-General or another relevant authority gives a notice to a defence member or a defence civilian under section 100, the same delegate must not:

                     (a)  terminate the appointment of, or discharge, the defence member; or

                     (b)  terminate an arrangement under which the person is a defence civilian.

Note 1:       Action referred to in paragraphs (a) and (b) may be taken by another delegate or by the relevant authority.

Note 2:       For delegations, see section 120A.

3  Subsection 120A(4AA)

Omit “sections 93A, 100, 101, 103 and 104”, substitute “section 93A”.

4  After subsection 120A(4AA)

Insert:

    (4AAA)  The Chief of the Army may, in writing, delegate all or any of his or her powers under sections 100, 101, 103 and 104 to:

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

                     (b)  an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position, in the Department.

5  Subsection 120A(4AB)

Omit “sections 93A, 100, 101, 103 and 104”, substitute “section 93A”.

6  After subsection 120A(4AB)

Insert:

       (4AC)  The Chief of the Navy may, in writing, delegate all or any of his or her powers under sections 100, 101, 103 and 104 to:

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

                     (b)  an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position, in the Department.

7  Subsection 120A(4C)

Omit “sections 93A, 100, 101, 103 and 104”, substitute “section 93A”.

8  After subsection 120A(4C)

Insert:

          (4D)  The Chief of the Air Force may, in writing, delegate all or any of his or her powers under sections 100, 101, 103 and 104 to:

                     (a)  an officer of the Air Force who holds the rank of Wing Commander or a higher rank; or

                     (b)  an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position, in the Department.



 

Part 2 Application of amendments

9  Application of amendments

The amendments made by this Schedule apply in relation to positive test results returned after the commencement of this Schedule.