This Digest was available from 13 December 1996.
The Defence Annual Report (1995-96) states at p191 that there
were 55,580 people in the Permanent component of the Defence Forces
(of these 303 were unpaid members) and an additional 385 Reserve
members serving on full-time duty as at 30 June 1996. Enlistments
for the period July 1995-June 1996 were 6,221 whereas 6,763 people
left the forces in the same period.
The actual 1995-96 Defence outlay of
$10,010.6m was $42.4m lower than the 1995-96 Revised Estimate of
$10,053.0m and was within $0.7m of the final adjusted 1995-96
allocation of $10,009.9m.(2) </ ul>
The current legislative framework does not allow members or
officers of one arm of the Defence Force to transfer to any other
arm without resigning from their current force and then enlisting
with the other force.
Items 1-3 of Schedule 1 amend the Air Force
Act 1923 so that members transferred to the Air Force, the Air
Force Emergency Force, or the Australian Air Force Reserve, from
either the Australian Army or the Australian Navy are included as
members of the Permanent Air Force, the Air Force Emergency Force,
or the Australian Air Force Reserve respectively.
Item 4 inserts a new section 27AA into the
Defence Act 1903. The provision will allow the Chief of
the Army to approve transfers of Army officers to either the
Australian Navy or the Australian Air Force providing that the
officer consents to the transfer and the Chief of the receiving
service approves the transfer.
The written instrument of transfer must specify the date that
the transfer takes effect as well as the period of service for
which the officer is appointed in the new service. The rank and
seniority of the officer must be specified and the part of the arm
of the new service to which they will be appointed.
Any return of service obligation (which is a compulsory minimum
period of service to be done by a member who has received training
or an overseas posting, as determined by the Chief of the General
Staff) that the member already had, is conveyed to the new
service.
The previous service of the member is deemed to have been in the
new service. So service done in the Army counts (if the member
transfers to the Navy) as if it had been done in the Navy.
Items 5-7 amend section 32 of the Principal Act
so that persons transferring to various parts of the Army from the
Navy or the Air Force are included in the category of Army
members.
Items 8-9 similarly ensure that persons
transferring to either the active or the inactive Army Reserve
(from the Navy or Air Force) automatically become Army
Reservists.
Item 10 is the equivalent provision to Item 4
above, but for people other than officers. Thus soldiers can be
transferred to the Navy (as sailors) or to the Air Force (as
airmen). In relation to the Air Force, the proposed section only
refers to 'airman' and not to 'airman or airwoman'. The term
'airman' is defined in section 4 of the Principal Act as being a
member 'other than an officer'. A 'member' is defined as 'any
officer, sailor, soldier and airman'. Nevertheless, section 23 of
the Acts Interpretation Act 1901 provides that unless the
contrary intention appears words importing a gender include every
other gender.
Items 11-13 make consequential amendments to
subsection 120A of the Principal Act. This will allow the Chief of
General Staff to delegate the power to approve the transfers
(described above) to a person of Brigadier/Commodore/Air Commodore
rank, as appropriate.
Naval Defence Act 1910
Item 14 amends the Naval Defence Act
1910 so as to enable officers of the Navy to transfer to
either the Army or the Air Force. The provision mirrors item 4
above, in that the Chiefs of the Navy and either the Army or Air
Force (whichever is applicable) must approve the transfer and the
officer must consent.
The written approval must also specify (as with item 4 above)
when the transfer takes effect and how long the officer is
appointed for. Which branch of the new service the officer is going
to and the rank and seniority that the officer will hold, must also
be specified.
As with item 4 above, any return of service obligation that a
member had for previous training etc will transfer with them to the
new service. Any resignation tendered by the member whilst such a
period of service remains owing, may be rejected by the Chief of
the relevant force (without reference to the Governor-General).
Similarly, any prior service will be deemed to have been done in
the new service.
Item 15 amends section 20(b) of the Naval
Defence Act 1910 to include, as members of the permanent naval
forces, members who have transferred across to the Navy under the
above scheme.
Item 16 similarly amends section 21(b) of the
same act to provide that the Naval Emergency Reserve Forces
includes members who have transferred across from the Army or Air
Force.
Item 17 likewise amends section 22(b) to
provide that the Australian Naval Reserve comprises members who
have transferred across from the Army or Air Force.
Item 18 inserts a new section at the end of
Part III which will allow the transfer of sailors to other arms of
the Defence Force. Proposed section 30A gives the Chief of Navy the
authority to effect such a transfer provided that the person being
transferred and the Chief of the relevant (receiving) arm of the
Defence Force both give their consent. The written instrument of
transfer must specify the date it takes effect, the part of the arm
of the Defence Force that the person is being transferred to, the
rank that they are to hold (including seniority) and the period of
service which they have enlisted for.
As with item 4 above, if the person being transferred is under a
'return of service' obligation, then that obligation carries over
with them to the new service. This will prevent people under such
an obligation from transferring to a new service and then
discharging from the new service to avoid completing their service
obligation.
The person's service history is taken to have been rendered in
the new service 'for all purposes connected with the person's
enlistment or service'.
Items 19 & 20 allow the Chief of Army and
the Chief of Air Force to delegate the powers described in items 14
& 18 above to respectively someone of Brigadier or Air
Commodore rank or higher.
Part 1 of Schedule 2 of the Bill amends all of
the titles of the respective head of each force to 'Chief of Navy',
'Chief of Army', and 'Chief of Air Force' as well as amending the
generic term 'chief of staff' to 'service chief'.
Part 2 of Schedule 2 of the Bill makes
consequential amendments to the Australian National Maritime
Museum Act 1990, the Australian War Memorial Act
1980, the Defence Act 1903, the Defence Force
Retirement and Death Benefits Act 1973, the Defence Force
Retirement Benefits Act 1948, the Defence Housing
Authority Act 1987, the Defence (Parliamentary Candidates)
Act 1969, the Defence (Re-establishment) Act 1965,
the Defence (Visiting Forces) Act 1963, the Military
Superannuation and Benefits Act 1991, the Naval Defence
Act 1910, the Ombudsman Act 1976, the
Remuneration and Allowances Act 1990 and the
Remuneration Tribunal Act 1973. All references to the
'Chief of Naval Staff' will be replaced with 'Chief of Navy'.
Part 3 of Schedule 2 of the Bill makes
consequential amendments to the Australian War Memorial Act
1980, the Defence Act 1903, the Defence Force
Retirement and Death Benefits Act 1973, the Defence Force
Retirement Benefits Act 1948, the Defence Forces
Retirement Benefits (Pension Increases) Act 1961, the
Defence Housing Authority Act 1987, the Defence
(Parliamentary Candidates) Act 1969, the Defence
(Re-establishment) Act 1965, the Defence (Visiting Forces)
Act 1963, the Military Superannuation and Benefits Act
1991, the Ombudsman Act 1976, the Remuneration
and Allowances Act 1990 and the Remuneration Tribunal Act
1973. These amendments will substitute 'Chief of Army' for the
existing phrase 'Chief of the General Staff'.
Part 4 of Schedule 2 of the Bill will
substitute 'Chief of Air Force' for the existing 'Chief of the Air
Staff' in the following pieces of legislation: the Air Force
Act 1923, the Australian War Memorial Act 1980, the
Defence Act 1903, the Defence Force Retirement and
Death Benefits Act 1973, the Defence Force Retirement
Benefits Act 1948, the Defence Housing Authority Act
1987, the Defence (Parliamentary Candidates) Act
1969, the Defence (Re-establishment) Act 1965, the
Defence (Visiting Forces) Act 1963, the Military
Superannuation and Benefits Act 1991, the Ombudsman Act
1976, the Remuneration and Allowances Act 1990 and
the Remuneration Tribunal Act 1973.
Part 5 of Schedule 2 of the Bill similarly
amends the relevant sections of the following pieces of legislation
to read 'service chief' instead of 'chief of staff': the
Defence Act 1903, the Defence Force Discipline Act
1982, the Defence Force Discipline Appeals Act 1955,
the Defence Housing Authority Act 1987, the Defence
(Parliamentary Candidates) Act 1969, the Defence (Visiting
Forces) Act 1963, and the Income Tax Assessment Act
1936.
Part 6 of Schedule 2 of the Bill makes further
consequential amendments to the following pieces of legislation:
the Defence Act 1903, the Defence Force Discipline Act
1982, the Defence Force Re-organization Act 1975, the
Defence Housing Authority Act 1987, the Defence
(Parliamentary Candidates) Act 1969, the Military
Superannuation and Benefits Act 1991, and the Office of
National Assessments Act 1977.
Schedule 3
Item 1 of Schedule 3 will amend the Defence
Act 1903 so as to increase the powers of the 'Chief of Army'
to reject resignations of officers of Major rank or higher in
certain circumstances. The effect of the amendment will be that if
an officer of Major rank or higher, who has been promoted to that
rank within 12 months of the date of purported resignation,
attempts to resign, the Chief of Army may reject that resignation
without reference to the Governor-General. Officers hold their
positions 'at the Governor-General's pleasure', although the power
to accept certain resignations has already been delegated to the
current Chief of the General Staff.
Item 2 of the Schedule inserts new sub-section
120A(1) which allows the Governor-General to delegate to the Chief
of Army the power to promote officers to the rank of Colonel or
above for a specified period (called limited tenure
promotions).
Item 3 of the Schedule proposes an amendment to
section 13(2)(ba) of the Naval Defence Act 1910 which will
increase the powers of the Chief of Navy by allowing that person to
reject the resignation of a Lieutenant-Commander (one rank lower
than currently permitted) or below if the person attempting to
resign has served less than a year after a promotion. In the
absence of sub-section 13 (2), this power would be exercisable by
the Governor-General.
Item 4 of Schedule 3 proposes to insert a new
sub-section 44B(1) which will allow the Governor-General to
delegate the power to promote officers to the rank of Captain (or a
higher rank) for a specified term. The power may be delegated to
the Chief of the Defence Force or the Chief of the Navy.
1. p15 Defence Annual Report 1995-96.
2. Ibid.
- p15 Defence Annual Report 1995-96.
- Ibid.
Susan Downing Ph. 06 277 2784
12 December 1996
Bills Digest Service
Parliamentary Research Service
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
PRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9031
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1996.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 11 December 1996
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