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Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Bill 2001

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2000

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

DEFENCE LEGISLATION AMENDMENT (ENHANCEMENT OF THE

RESERVES AND MODERNISATION) BILL 2000

 

EXPLANATORY MEMORANDUM

 

 

 

(Circulated by the authority of the Minister for Veterans’ Affairs,

the Hon. Bruce Scott MP)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Bill 2000

 

 

OUTLINE

 

 

 

This Bill will add new provisions to the Defence Act 1903 to enable the call out of members of the Reserve Forces in circumstances less than in the defence of Australia. It will also amend the Defence Act 1903 and other legislation to modernise the organisation and structure of the Reserve.

 

 

 

 

 

 

 

 

 

 

FINANCIAL IMPACT

 

The amendments in this Bill will have no significant financial impact. They are part of a package to revitalise the structure and organisation of the Australian Defence Force.



 

Defence Legislation Amendment

(Enhancement of the Reserves and Modernisation) Bill 2000

 

NOTES ON CLAUSES

 

Clause 1 - Short title

 

1.         Formal.

 

Clause 2 - Commencement

 

1.    This clause provides for the commencement of the Act on the 28 th day after the day on which it receives Royal  Assent. Items 12 to15, 19, 27 to 31, 67, 68 and 75 to 71 contained in Schedule 2 commence on a day or days to be fixed by Proclamation. If one of these provisions does not commence within 12 months beginning on the day on which the Act receives Royal Assent, it commences on the first day after the end of that period.

 

2.   Schedule 3 of the Act commences at the same time as the Defence Reservve Service (Protection) Act 2000.

 

3.   Schedule 4 commences on the day on which the Act receives Royal Assent.

 

4.   Clause 3 provides that each Act mentioned in a Schedule to the Act is amended or repealed as set out in the items in the Schedule.

 

5.   Clause 4 deals with Regulations. This Clause provides that the Governor-General may make Regulations prescribing matters:

·         Required or permitted by the Act to be prescribed;

·         Necessary or convenient for carrying out or giving effect to the Act.

 

6.   Schedule 1 provides for the Calling out of the Reserves. It repeals sections 50D, 50E, 50F and 50G of the Defence Act 1903 and substitutes new sections 50D and 50E.

 

7.   New subsection 50D(1) provides for the calling out of the Reserves. The Governor-General may, by written notice in the Gazette, call out the Reserves or one or more of a specified part or parts of the Reserve, a specified class or classes of members of the Reserves or a specified member or members of the Reserve, for continuous full time service.

 

8.   Some examples of circumstances of a call out are provided for in new subsection 50D(2). The Governor-General may publish a notice in the Gazette which outlines, but does not limit, the circumstances in which the Governor-General may call out under subsection (1). These include, war, defence emergency, defence preparation , peacekeeping, peace enforcement, civil aid, humanitarian assitance or disaster relief.

 

9.   New subsection 50D(3) provides that in making or revoking a call out notice, the Governor-General is to act with the advice of the Executive Council or if, after the Minister has consulted the Prime Minister, the Minister is satisfied that there are reasons of urgency, the Governor-General should act on the advice of the Minister alone.

 

10.   New subsection 50D(4) provides that a call out notice takes effect on the day specified in the notice or if no day is specified, on a day which is published in the Gazette.

 

11.   Subsection 50D(5) provides that a revocation of an order takes effect on the day specified in the revocation or if no day is specified, then the day on which the revocation is published in the Gazette.

 

12.   Subsection 50D(6) makes it clear that if an order is revoked the call out under that order ends.

 

13.   Subsection 50D(7) provides that even if an order has been published in relation to particular circumstances does not prevent further orders being published under the section in relation to the same circumstances.

 

 14.   Section 50E provides for the direction by the Chief of the Defence Force or a service chief (Chief of Navy, Chief of Army or Chief of Air Force) in relation to a call out notice.

 

15.   Subsection 50E(1) provides that a member of the Reserves who is covered by a call out notice under new section 50D is bound to render the period of continuous full time naval, military or air force service that the Chief of the Defence Force or a service chief directs in relation to member.

 

16.   Subsection 50E(2) provides that the direction may apply to the member specifically, by reference to a part or class of the Reserves that includes the member or by reference to the Reserves as a whole.

 

17.   Subsection 50E(2) provides for the length of a period of service that is specified in a direction under subsection (1). The period of service must start on the day on which the relevant call out notice takes effect and it may also be indefinite or limited. A direction has no effect however, if it specifies a period of service after the day on which the call out notice ends.

 

18.   Subsection 50E(3) provides that the period of service specified in a direction under subsection (1) must start on the day on which the relevant call out order takes effect, but it may be limited or indefinite. A direction has no effect to the extent that it specifies a period of service after the day on which the call out under the order ends.

 

19.   Subsection 50E(4) provides that a direction under the section must be in writing.

 

20.   Subsection 50E(5) provides that the fact that a direction has been given in relation to a notice under section 50D does not prevent further directions being given in relation to the same notice.

 

21.  Subsection 50E(6) provides that the section does not prevent a member of the Reserves from being bound to render continuous full time naval, military or air force service otherwise than in accordance with the section.

 

22.   The Schedule amends subsections 120A(4), (4A) and (4B) of the Defence Act by omitting the reference to sections 50E and 50F.

 

23.   It also goes onto provide that the amendments that are made by Schedule 1 apply in relation to all members of the Reserve whether or not they became members of the Reserves before or after the Schedule commenced.

 

24.   The Defence Force consists of the Australian Navy, the Australian Army and the Australian Air Force. Within these are various levels which differentiate between the Regular Forces , the Reserves and the Emergency Forces. The proposed amendments to the various legislation in this Act will replace the term “Reserve Forces” with Navy, Army or Air Force (as the case requires) Reserve  and references to “Emergency Forces” will be omitted altogether. The changes will also reflect the amendments to the Defence Act mentioned above in relation to the situations where the Reserve may be called out. Other consequential amendments are also provided for.

 

25.   The Acts that are to be amended are specified in alphabetical order.

 

Air Force Act 1923

 

26.   Sections 4A, 4B, 4C and 4D are repealed and substituted . New section 4A provides that the Australian Air Force consists of 2 parts being:

·         The Permanent Air Force; and

·         The Air Force Reserve.

 

27.   Section 4B provides that the Permanent Air Force consists of officers appointed to and airmen enlisted in the Permanent Air Force and officers and airmen transferred to the Permanent Air Force from the Air Force Reserve, the Australian Navy or the Australian Army.

 

28.   Section 4C provides that the Air Force Reserve consists of officers appointed to and airmen enlisted in the Air Force Reserve and officers and airmen transferred to the Air Force Reserve from the Permanent Air Force, the Australian Navy or the Australian Army.

 

29.   Sections 4H and 4HA are repealed.

 

30.   Section 4J(1), (2), (2A) and (2B) are repealed and substituted. New subsection 4J(1) provides that a member of the Air Force Reserve is not bound to render continuous full time air force service otherwise than:

·         As provided in the section;

·         While he or she is covered by a call out notice under section 50D, 51A, 51B or 51C of the Defence Act.

 

31.   Subsection (2) provides that the Regulations must set or provide for the setting of training periods for the Air Force. Different training periods may be set for different parts of the Air Force Reserve or for different classes of members of the Air Force Reserve.

 

32.   Subsection (2A) provides that the Air Force Reserve is bound to render in each training period air force service other than continuous full time service for such periods as are set out under the Regulations. A member may be exempted under the Regulations from the obligation to render all or a specified part of the service.

 

33.   Subsections 4J(3) and (4) are amended by omitting “Australian”.

 

34.   Subsections 4J(5) and (6) are repealed.

 

35.   Subsection 8A(1) is amended by omitting “sections 4H, 4HA and 4J” and substituting “section 4J”.

 

Defence Act 1903

 

36.   Subsection 4(1), the definition of “The Emergency Forces”, “Permanent Forces” and “The Reserve Forces” are repealed. A new definition of  “Permanent Forces” and “Reserves” is being inserted. Permanent Forces will be defined to mean the Permanent Navy, the Regular Army and the Permanent Air Force. “Reserves” will be defined to mean the Naval Reserve, the Army Reserve and the Air Force Reserve.

 

37.   The heading in Division 1 of Part II will be repealed.

 

38.   Subsection 9BA(1) will be amended by omitting the reference to “Division 3” and substituting “the Regulations”.

 

39.   Divisions 2, 3 and 3A of Part II are repealed. These provisions which relate to the Administration of the Defence Force will be contained in the Regulations.

 

40.   The heading in Division 4 of Part II will be repealed.

 

41.   Section 27A will be repealed.

 

42.   Sections 31, 32 and 32A are repealed and substituted. New section 31 headed “Australian Army” provides that the Australian Army consists of 2 parts, being the Regular Army and the Army Reserve.

 

43.   Section 32 provides that the Regular Army consists of:

·         officers appointed to, and soldiers enlisted in, the Regular Army; and

·         officers and soldiers transferred to the Regular Army from the Army Reserve, the Australian Navy or the Australian Air Force.

 

44.    Section 32A  provides for the “Army Reserve”. The Army Reserve is to consist of officers appointed to and soldiers enlisted in the Army Reserve and officers and soldiers transferred to the Army Reserve from the Regular Army, the Australian Navy or the Australian Air Force.

 

45.   The heading in Division 2 of Part III will be repealed and substituted. The new heading will be “The Raising of the Army” (it previously referred to “the raising of the Army and the enlistment and discharge of members thereof”).

 

46.   Sections 36 to 44A will be repealed (dealing with enlistment and discharge and transfer of soldiers). These provisions will also be incorporated into the Regulations.

 

47.   Section 45 is repealed and substituted. New section 45 provides that members of the Regular Army are bound to render continuous full time military service.

 

48.   Section 48Ais repealed.

 

49.   Subsection 50(1), (2), (2A) and (2B) are repealed and substituted.

 

50.   New section 50(1) provides that a member of the Army Reserve is not bound to render continuous full time service otherwise than under the section or as a result of a call out order under section 50D, 51A, 51B or 51C.

 

51.   New subsection 50(2) provides that the Regulations must set out or provide for the setting of training periods for the Army Reserve. Different training periods may be set for different parts of the Army Reserve.

 

52.   New subsection (2A) provides that a member of the Army Reserve is bound to render in each training period, military service (other than continuous full time military service) for such periods as are set out by or under the regulations. However, a member may be exempted by or under the regulations from the obligation to render all or any part of that service.

 

53.   Subsections 50(3) and (4) are amended by omitting “Australian”.

 

54.   Subsections 50(5) and (6) are repealed.

 

55.   Section 51G(b) and subsection 52(1)(b) are amended by omitting the reference to “the Emergency Forces and the Reserve Forces” and substituting “the Reserves”.

 

56.   Subsections 120A(1), (1A) and (3) are repealed.

 

57.   Subsection 120A(4) is amended by omitting the references to “10C, 17, 26, 39, 44, 45, 48A”.

 

58.   Subsection 120A(4AA) is amended by omitting the references to “16, 21, 22, 24, 25, 25B, 25D, 27AA, 44A”.

 

59.   Subsection 120A(4AB) and (4C) are amended by omitting the reference to “27AA, 4AA”

 

60.   Paragraph 124(1)(a) is amended by inserting “retirement” after the words “reduction in rank”.

 

61.   New paragraphs (aa), (ab) and (ac) will be included after paragraph 124(1)(a). Paragraph (aa) provides for the transfer of members between different arms or parts of arms of the Defence Force; paragraph (ab) refers to the training of members and paragraph (ac) refers to the conditions of service members.

 

62.   After subsection 124(1A), new subsection 124(1AA) is inserted. It provides for the what may be provided for in the Regulations. This will be the appointment or reappointment of a member, the enlistment or re-enlistment of a member or the service of the member in certain circumstances. For example, the member might allow for a soldier to enlist for a total of 8 years with the first 4 years to be served in the Regular Army and the last 4 years in the Army reserve, or vice versa or any other combination.

 

 

Defence Force Discipline Act 1982

 

63.   Subsection 3(1) is amended by repealing and substituting the definition of “defence member”. A “defence member” is defined to mean:

·         a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or

·         a member of the Reserves who is rendering continuous full time service and is on duty or in uniform.

 

64.   The definitions of “Emergency Forces” and “Reserve Forces”, also contained in subsection 3(1) are repealed. A new definition of “Reserves” has been included to mean the Naval Reserve, the Army Reserve or the Air Force Reserve.

 

65.   Subsection 3(4) is repealed and substituted. New subsection (4) provides that for the purposes of subparagraph (b)(ii) of the definition of “defence member” in subsection (1):

·         a member of the Reserves is taken to be on duty from the time appointed for him or her to report to, or to attend at, a specified place for naval, military or air force service that he or she is required to render by or under the Defence Act 1903 , the Naval Defence Act 1910 or the Air Force Act 1923 until he or she is duly released or discharged from that service; and

·         a member of the Reserves is taken to be on duty while acting, or purporting to act in his or her capacity as a member of the Reserves.

 

Defence Force (Home Loans Assistance) Act 1990

 

66.   Subparagraph 3(h)(i) is amended by repealing and substituting the definition of “eligible person”. It will now be defined as a person “who is a member of the Reserves”.

 

67.   The definition of “The Emergency Forces” and “The Reserve Forces” are also repealed. A new definition of “Reserves” has been included in section 3. It will have the same meaning as in the Defence Act 1903.

 

Defence Force Retirement and Death Benefits Act 1973

 

68.   Subsection 3(1) is amended by repealing and substituting the definition of “Permanent Forces”. It is defined to mean the Permanent Navy, the Regular Army and the Permanent Air Force.

 

69.   The definition of “Reserve” in subsection 3(1) is also repealed and substituted. “Reserve’ is now redefined to mean:

·         in relation to a member of the Navy - the Naval Reserve;

·         in relation to a member of the Army - the Army Reserve; and

·         in relation to a member of the Air Force - the Air Force Reserve.

 

70.   Paragraphs 5A(1)(b), 61B(1)(d) and 61B(3)(a) omit the reference to “the Reserve Forces or the Emergency Forces” and substitutes “the Reserves”.

 

Defence Force Retirement Benefits Act 1948

 

71.   Subsection 4(1) repeals and substitutes the definition of “Permanent Forces”. It is redefined to mean the Permanent Navy, the Regular Army and the Permanent Air Force.

 

72.   Subsection 4(1) is also amended by substituting the definition of “Reserve”. The new definition is that “Reserve” means:

·         in relation to a member of the Navy - the Naval Reserve;

·         in relation to a member of the Army - the Army Reserve; and

·         in relation to a member of the Air Force - the Air Force Reserve.

 

73.   The Fourth Schedule is amended by omitting the references to “Permanent Navy” and “Regular Army”

 

Defence Forces Special Retirement Benefits Act 1960

 

74.   The Long Title, subparagraphs 4(2)(a)(i) and 4(2)(d) and (e) of this Act are amended by omitting the references to “Australian Reserve”.

 

Defence (Parliamentary Candidates) Act 1969

 

75.   The definition of “Reserve” contained in subsection 5(1) is repealed and substituted. The new definition will define “Reserve” to mean:

·         the Naval Reserve;

·         the Army Reserve;

·         the Air Force Reserve.

 

76.   Paragraph 7(1)(a) is repealed and substituted. New paragraph (a) reads as follows:

“an officer who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the appropriate service to be transferred to the appropriate Reserve; and

 

77.   Paragraph 8(a) is repealed and substituted:

 

“an enlisted member who is a member of the Permanent Navy, the Regular Army or the Permanent Air Force applies to the appropriate service chief from that arm of the Defence Force; and”

 

78.   Paragraph 9(a) is also repealed and substituted:

 

“a member of the Naval Reserve, the Army Reserve or the Air Force Reserve who is rendering continuous full time service applies to the appropriate service chief for the termination of that service; and”

 

Employment Services Act 1994

 

79.   Subsection 42(1)(h) and paragraph 42(5) are amended by omitting references to “Reserve Forces” and substituting “Reserves”.

 

Income Tax Assessment Act 1936

 

80.   Paragraph 23(s) and (sa) are amended by repealing and substituting the paragraph. New paragraph (s) provides:

 

“in the case of a member of the Naval Reserve, the Army Reserve or the Air Force Reserve, the pay and allowances paid to him or her as such a member, other than pay and allowances in respect of continuous full time service”.

 

81.   Section 51-5 (table items 1.3 and 1.4) are amended by repealing and substituting a new table item 1.4.

 

A member of:                          pay and allowances       except pay and

(a)   the Naval Reserve;             as a member; and           allowances for

(b)   the Army Reserve; or                                                         continuous full

(c)    the Air Force Reserve                                                         time service.

 

Jury Exemption Act 1965

 

82.   The Schedule (Table Items 8 and 9) is amended by omitting “the Reserve Forces” and substituting “the Reserves”.

 

Long Service Leave (Commonwealth Employees) Act 1976

 

83.   Paragraph 12(10)(a) is repealed and substituted. New paragraph (a) reads “on continuous full-time service in a part of the Reserves (within the meaning of the Defence Act 1903”

 

84.   Paragraph 12(10)(b) omits the words “those Forces” and substitutes “the Reserves”.

 

Military Superannuation and Benefits Act 1991

 

85.   Paragraphs 6(1)(b) and (c) are amended by omitting “the Emergency Forces or the Reserve Forces” and substituting “the Reserves”.

 

Naval Defence Act 1910

 

86.   Part II sections 19, 20, 21 and 22 of the Act are repealed.

 

87.   Section 19 is repealed and substituted. New section 19 provides that:



The Australian Navy consists of 2 Parts:

·         the Permanent Navy; and

·         the Naval Reserve.

 

88.   New section 20 provides that the Permanent Navy consists of officers appointed to and sailors enlisted in the Permanent Navy and officers and sailors transferred to the Permanent Navy from the Naval Reserve. The Australian Army or the Australian Air Force.

 

89.   New section 21 provides that the Naval Reserve consists of officers appointed to and sailors enlisted in the Naval Reserve and officers and sailors transferred to the Naval Reserve from the Permanent Navy the Australian Army or the Australian Air Force. 

 

90.   Sections 25 to 30A will be repealed. These provisions deal with the enlistment, discharge and transfer of sailors. These provisions will be included in the Regulations.

 

91.   Section 31 will be amended by omitting the reference to “Naval Forces” and substituting “Navy”.

 

92.   Sections 32 and 32AA are also repealed.  These sections refer to the Naval Emergency Reserve Forces which will be defunct under the legislation.

 

93.   Subsections 32A(1), (2) and (2A) are also repealed and substituted. New subsection (1) provides that a member of the Naval Reserve is not bound to render continuous full time naval service otherwise than as provided in the section or as a result of a call out under section 50D, 51A, 51B or 51C of the Defence Act.

 

94.   New subsection (2) provides that the Regulations must set or provide for the setting of training periods for the Naval Reserve. Different training periods may be set for different parts of the Naval Reserve or for different classes of members of the Reserve.

 

95.   New subsection (2A) provides that a member of the Naval Reserve is bound to render in each training period naval service other than continuous full time naval service for such periods as are set out in the regulations, however a member may be exempted by or under the regulations from the obligation to render all or a specified part of that service.

 

96.   Subsections 32A(3) and (4) are amended by omitting “Australian”.

 

97.   Subsections 32A(5) and (6) are repealed.

 

98.   Subsections 44B(1), (1A) and (2) are also repealed

 

99.   Subsection 44B(3) is amended by omitting the reference to “sections 11, 13, 17A, 28, 30, 32, 32AA” and substituting “section”.

 

Social Security Act 1991

 

100.   Paragraph 8(8)(w) is repealed and substituted. New paragraph (w) provides:

·         in the case of a member of the Naval Reserve, the Army Reserve or the Air Force Reserve, the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full time service).

 

101.   Paragraph 541D(1)(h) omits “Reservve Forces” and substitutes “Reserves”.

 

102.   Section 542G is repealed and substituted. New section 542G provides that a person has a training camp exemption if the person is attending a training camp as a member of the Naval Reserve, the Army Reserve or the Air Force Reserve.

 

103.   Paragraph 601(2A)(h) is amended by omitting the reference to “Reserve Forces” and substituting “Reserves”.

 

104.   Subsection 601(7) is repealed and substituted. New subsection (7) provides that “Reserves” means the Naval Reserve, the Army Reserve or the Naval Reserve.

 

105.   Subsection 603(1) is repealed and substituted. New subsection (1) provides that a person is taken to have satisfied the activity test in respect of a period when the person is attending a training camp as a member of the Naval Reserve, the Army Reserve or the Air Force Reserve.

 

106.   Section 1212 is repealed and substituted. New section 1212 provides that the “Reserve Service” means attending a training camp as a member of any of the Naval Reserve, the Army Reserve or the Air Force Reserve.

 

Superannuation Guarantee (Administration) Act 1992

 

107.   The heading to section 29 is altered by omitting “Reserve Forces” and substituting “Reserves”.

 

Superannuation Act 1922

 

108.   Subsection 4(1) (paragraph (a) of the definition of “service”) is repealed and substituted. It will now read that “continuous full time service as a member of the Permanent Navy, the Regular Army or the Permanent Air Force”.

 

Veterans’ Entitlements Act 1986

 

109.   Paragraph 5H(8)(za) is repealed and substituted. New paragraph (za) provides that in the case of a member of the Naval Reserve, the Army Reserve or the Air Force Reserve, the pay and allowance paid to the person as such a member (other than pay and allowances in respect of continuous full time service.

 

Schedule 2 deals with Saving and Transitional provisions.

 

110.   Item 88 provides for the saving of the appointment of Chiefs under the Defence Act 1903 . Although subsection 9BA(1) of the Defence Act is amended, that subsection continues to apply in relation to a person who held an appointment under subsection 9(1)) or 9AA(1) of that Act immediately before the amendment commenced, as if that amendment and the repeal of Division 3 of Part II of the Act had not happened.

 

111.   Item 89 deals with saving other appointments under the Act. Although Divisions 2, 3 and 3A of Part II of the Act are repealed, those provisions continue to apply in relation to a person who held an appointment under subsection 10(1) of the Act immediately before the repeal commenced as if the repeal had not happened.

 

112.   Item 90 deals with the saving of enlistments under the Act. Although sections 36 to 44A of the Act are repealed, those sections continue to apply in relation to a person who was enlisted under subsection 36(3) of that Act immediately before the repeal commenced as if the repeal had not happened.

 

113.   Item 91 deals with the saving of appointments under the Naval Defence Act 1910 . Although Part II of the Act is repealed, that Part continues to apply in relation to a person who held an appointment under subsection 8(1) of the Act immediately before the repeal commenced as if the repeal had not happened.

 

114.   Item 92 deals with the saving of enlistments under the Naval Defence Act 1910 . Although sections 25 to 30A of the Act are repealed, those sections continue to apply in relation to a person who was enlisted under subsection 25(3) of the Act immediately before the repeal commenced as if the repeal had not happened.

 

115.   Item 93 provides that the provisions that were repealed may be superseded by new regulations. The repealed provisions continue to apply to the extent that thay are consistent with Regulations made after the repeal for the purposes of the Regulation making power under section 124 of the Defence Act. If Regulations are made, then those repealed provisions cease to apply from the time that an inconsistency arises and the regulations apply despite being inconsistent with those provisions.

 

116.   Item 94 provides for the saving of old regulations. Regulations that were in effect under any Act immediately before the commencement of the amendments continue to have effect after that time as if members of an arm of the Defence Force who were members of a particular part or component of that arm immediately before the commencement of this Item were still members of that part or component after that time, even if that part or component no longer exists.

 

117.  For example, assuming that immediately before the commencement of Item 94 regulations imposed training obligations on members of the Air Force Specialist Reserve. Those obligations would continue to apply to former members of that Reserve after the commencement even though the Air Force Specialist Reserve itself is no longer mentioned in the Reserve under the Air Force Act 1923 and the members have become members of the Air Force Reserve.

 

118.   Regulations will continue to have effect under Item 94 only to the extent that they are not amended or revoked by later Regulations.

 

119.   Item 95 provides for Regulations about transitional matters. The Regulations may make provision in relation to other saving and transitional matters in connection with the amendments made by the Schedule. In particular, the regulations may deal with the status of persons who were members of the Defence Force immediately before the commencement of the amendments.

 

120.   Schedule 3 provides for the repeal of the Defence (Re-establishment) Act 1965 and the consequential amendments as a result of that repeal. Part 1 deals with the repeal of the Act and amendments.

 

Defence Act 1903

 

121.   Subsection 118A(1) is amended by omitting the reference to Part III and substituting “Part”.

 

122.   Subsections 118A(2) and (4) are amended by omitting the words “Parts III and IV or having voluntarily enlisted or attempted to enlist in a force raised for active service” and substituting “Part IV”.

 

123.   Subsection 118A(6) is repealed.

 

Defence (Re-establishment) Act 1965

 

124.   The whole of this Act is repealed.

 

Disability Services Act 1986

 

125.   The definition of “cost” in subsection 23(1) is repealed an substituted. The new definition provides that “cost” in relation to a person’s rehabilitation program means the cost as determined by the Secretary of and incidental to the program and includes any allowances paid to the person under section 24 but does not include any part of the cost that is not borne by the Commonwealth.

 

126.   Part 2 relates to the application and transitional provisions.

 

127.   The Defence Reserve Service (Protection) Act 2000 applies in relation to all defence service undertaken after the Act commences except in so far as the service is rendered only as a result of  being called out under Division 4 of Part III or under Part IIIA of the Defence Act 1903 before the commencement time or a voluntary undertaking to render continuous full time service that the member gave before the commencement time.

 

128.   The Defence (Re-establishment) Act 1965 continues to apply in relation to defence service covered by paragraph (1)(a) or (b) despite the repeal of the Act.

 

129.   The Defence Reserve Service (Protection) Act 2000 applies in relation to all contracts of employment, other contracts, partnerships, courses and all other arrangements even if they began before the commencement time.

 

130.   The Regulations may make providsion in relation to application, saving and transitional matters in connection with the enactment of the Defence Reserve Service (Protection) Act 2000 or the repeal of the Defence (Re-establishment) Act 1965.

 

131.   Schedule 4 relates to the allowances and benefits to employers. At the end of paragraph 58B(1)(a) the word “and” is included. This will link this paragraph with new paragraph 58B(1)(b) which provides that the payment of allowances or other pecuniary benefits (except allowances or benefits by way of remuneration) to or for 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.

 

132.   Although paragraph 58(1)(b) is repealed and substituted, any determination that was in effect under that paragraph immediately before that repeal continues in effect after that time as if it had been made under the new version of the paragraph.

 

133.   Paragraphs 58(B)(1)(c), (d) and (e) are amended by including “and” after each paragraph.

 

134.   Paragraph 58B(1)(f) is amended by omitting the reference to “examination” and substituting “examination ; and”.

 

135.   After paragraph 58B(1)(g) new paragraph (ga) is inserted. This paragraph will provide that payments by way of compensation, incentives or other benefits to members of the Reserves, their dependants, their employers, business or professional partners, other associates or other person in relation to the availability of the members for defence service or for losses incurred or inconvenience suffered because of the members’ absence on defence service (including losses incurred or inconvenience suffered because of the operation of the Defence Reserve Service (Protection) Act 2000.

 

136.   After subsection 58B(1) new subsection (1AA) is inserted to provide that expressions used in paragraph (1)(ga) that are defined in the Defence Reserve Service (Protection) Act have the same meaning as in that Act.