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Defence Legislation Amendment Bill 2011

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2010-2011

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

 

DEFENCE LEGISLATION AMENDMENT BILL 2011

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the

Minister for Defence the Hon Stephen Smith)



DEFENCE LEGISLATION AMENDMENT BILL 2011

 

GENERAL OUTLINE

 

 

The purpose of this Bill is to reflect certain Defence policy in Defence administered legislation, specifically:

 

a.         the Defence Act 1903, Naval Defence Act 1910 and the Air Force Act 1923 to provide that a Service Chief’s day to day administrative responsibility for their respective Service cadets is subject to the direction of the Minister or the Chief of the Defence Force (CDF).  The amendments will also provide the CDF with a delegation making power (to the Vice Chief of the Defence Force (VCDF)) in relation to cadet responsibility and direction.

 

 

Financial Impact statement

 

The amendments in the Bill will have no additional impact on Commonwealth expenditure or revenue .



NOTES ON CLAUSES

 

Clause 1:        Short title

 

1.                   This clause provides for the short title of the Act to be the Defence Legislation Amendment Act 2011 (the Act) .

 

Clause 2:        Commencement

 

2.                   This clause is the commencement provision for the Act. The commencement dates for specific provisions are included in the commencement information table.

 

Item 1 of the commencement table

 

3.         This item provides that sections 1 to 3 (and anything in the Act not elsewhere covered by the table) commence on the day on which the Act receives Royal Assent. 

 

Item 2 of the commencement table

 

4.                   This item provides that Schedule 1 commences on a single day to be fixed by proclamation.  However, if any of the provision(s) do not commence within that period of 6 months beginning on the day the Act receives Royal Assent, they commence on the day after the end of that period.

 

SCHEDULE 1 - Amendments relating to cadets

 

5.                   Schedule 1 amends the Air Force Act 1923 , the , Defence Act 1903 and the Naval Defence Act 1910 to provide that a Service Chief’s day to day administrative responsibility for their respective Service cadets is subject to the direction of the Minister or the CDF.  The Schedule also makes minor amendments to these Acts to align cadet provisions across the three services, correct numbering and ensure gender neutral language. 

Air Force Act 1923

 

Items 1 through 7 - Subsections 4G(1), 8(2), 8(3), 8(5), 8(6), 8(7) and 8(9)

 

6.                   These items make minor amendments in the Air Force Act and will ensure gender neutrality is maintained across the statute.   The amendment also inserts subsection headings for easier reading of the provisions.  

 

Item 8 - Subsection 8(9)

 

7.                   This item provides that the Minister and the CDF can issue a direction to the Chief of Air Force in relation to the administration of the Australian Air Force Cadets. 

 

Item 9 - At the end of section 8

 

8.                   This item inserts a new provision that provides that a direction of the CDF is subject to and must be in accordance with any directions of the Minister.    

 

Item 10 - Before subsection 8A(1)

 

9.                   The amendment inserts a subsection heading for easier reading.  

 

Item 11- Subsection 8A(1)

 

10.               This item is amended to ensure gender neutrality. 

 

Item 12 - After subsection 8A(1)

 

11.               This item inserts a delegation making power to enable the CDF to delegate his or her power under subsection 8(9) to the Vice Chief of the Defence Force to direct the Chief of the Air Force in relation to the administration of the Australian Air Force Cadets.

 

Item 13 - Before subsection 8A(2)

 

12.               The amendment inserts a subsection heading for easier reading.  

 

Items 14, 15 and 16 - Subsections 8A(3), (3A), (4), (5) and (6)

 

13.               These items omit the Chief of the Air Force and substitute “person who makes the delegation” in relation to a delegation made under subsections 8A(3), (4), (5) and (6).  

 

Defence Act 1903

Item 17 - Paragraphs 4(2)(a) to (h) 

14.               This item is a technical amendment tied to the CDF’s ability to delegate his power of direction in relation to cadet administration to the Vice Chief of the Defence Force.  This amendment also removes the word ‘shall’ and inserts ‘and’ at the end of each paragraph, consistent with current drafting practice.

 

Items 18 - 23 - Subsections 62(2), (3), (5), (6), (7) and (9) 

 

15.               These amendments will ensure gender neutrality is maintained across the statute, and also inserts subsection headings for easier reading of the provisions.   

Item 24 -Subsection 62(9) 

16.               This item provides that the Minister and the CDF can issue a direction to the Chief of Army in relation to the administration of the Australian Army Cadets. 

Item 25 - At the end of section 62

17.               This item inserts a new subsection 62(10) which provides that a direction of the CDF is subject to, and must be in accordance with, any directions made by the Minister. 

 

Item 26 and 27 - Before subsection 120A(2) and (3A)

 

18.               The amendment inserts subsection headings for easier reading.  

 

Item 28 - Subsection 120A(3D)

 

19.               This item inserts a delegation making power to enable the CDF to delegate his or her power under subsection 62(9) to the Vice Chief of the Defence Force to direct the Chief of Army in relation to the administration of the Australian Army Cadets.

 

Item 29 - 35 - Subsections 120A(4), (4A), (4B) and (5)

 

20.               These subsections are amended to ensure gender neutrality and add headings to the subsections for easier reading.

 

Naval Defence Act 1910

 

Item 36 and 37 - Before subsections 38(2) and (3)

 

21.               The amendments insert subsection headings for easier reading.  

 

Item 38 - Subsection 38(4)

 

22.               This item aligns the wording “Australian Navy Cadets” with the Australian Army Cadets and the Australian Air Force Cadets.   The amendment also inserts subsection headings for easier reading of these provisions.   

 

Items 39 and 40 - Subsections 38 (5) and (6)

 

23.               These amendments will ensure gender neutrality.  The amendment also inserts subsection headings for easier reading of these provisions.   

 

Item 41 - Subsection 38(7)

 

24.               This item repeals and substitutes subsection 38(7) to align the provision with the Australian Air Force Cadets and the Australian Army Cadets.

 

Item 42 - Saving provision - regulations

25.               This item provides that the repeal of subsection 38(7) of the Naval Defence Act 1910 by this Schedule does not effect the continuity of regulations made under that section that are in force immediately before this Schedule commences.

Item 43 and 44 - Section 39

26.               This item provides, under 39(1), that the Minister and the CDF can issue a direction to the Chief of Navy in relation to the administration of the Australian Navy Cadets.

Item 45 - At the end of section 39

27.               This item adds a new subsection 39(2) which provides that a direction of the CDF is subject to, and must be in accordance with, any directions of the Minister.

Item 46 and 47 - Subsection 44B(3)

28.               These items ensure gender neutrality, and provide a heading for the subsection.

Item 48 - After subsection 44B(3)

29.               This item inserts a delegation making power to enable the CDF to delegate his or her power under subsection 39(1) to the Vice Chief of the Defence Force, to direct the Chief of Navy in relation to the administration of the Australian Navy Cadets.

 

Item 49 - 52 - Subsection 44B(4)

 

30.               These items ensure gender neutrality and also inserts headings to subsections 44B(4), (5) and (10).