An Act to make provision in relation to Members of the Defence
Force who desire to become Candidates for election as Members of the Parliament
of Australia or of a State or of certain other legislative or advisory Bodies
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Defence
(Parliamentary Candidates) Act 1969.
2 Commencement [see Note 1]
This Act shall come into operation on the
day on which it receives the Royal Assent.
3 Repeal
The Defence (Parliamentary
Candidates) Act 1966 is repealed.
5 Interpretation
(1) In this Act, unless the contrary
intention appears:
appropriate service chief means:
(a) in relation to a person who is or
has been a member of the Navy—the Chief of Navy; or
(b) in relation to a person who is or
has been a member of the Army—the Chief of Army; or
(c) in relation to a person who is or
has been a member of the Air Force—the Chief of Air Force.
arm of the Defence Force means the Navy, the
Army or the Air Force.
election includes general election.
enlisted member means a member who is not an
officer.
member means a member of the Defence Force.
officer means a member who is an officer for
the purposes of the Defence Act.
rank includes classification.
Reserve means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
Superannuation Rules means the Rules for the
administration of the superannuation scheme established under the Military
Superannuation and Benefits Act 1991.
the appropriate Reserve, in relation to an
officer, means the Reserve that is appropriate to him having regard to the arm
of the Defence Force of which he is a member.
the declared date, in relation to an election,
means the date on which a notice under section 6 is published in the Gazette
in relation to the election.
the Defence Act means the Defence Act 1903‑1966.
the Defence Force means the Defence Force of
Australia.
the Defence Forces Retirement Benefits Act
means the Defence Forces Retirement Benefits Act 1948‑1969.
the Defence Force Retirement and Death Benefits Act
means the Defence Force Retirement and Death Benefits Act 1973.
(2) In the application of a provision to a
person who has been transferred to a Reserve under section 7, to a person
who has been discharged from the Defence Force under section 8 or to a
person whose continuous full‑time service has been terminated under
section 9, a reference in that provision to the relevant election shall be
read as a reference to the election in relation to which he made the
application in pursuance of which he was so transferred or discharged or his
continuous full‑time service was so terminated.
6 Declared date
(1) Where an officer has been transferred to a
Reserve under section 7, an enlisted member has been discharged from the
Defence Force under section 8 or the continuous full‑time service of
a member has been terminated under section 9, the Minister shall, when he
is satisfied that the result of the relevant election is certain, declare, by
notice published in the Gazette, that he is so satisfied.
(2) The Minister shall, before making a
declaration under the last preceding subsection in relation to an election,
have regard to any dispute, and any proceedings in relation to a dispute, with
respect to the election.
(3) The Minister may, for the purposes of
subsection (1), treat the result of an election as being certain if, at
the expiration of thirty days after the return of the writ relating to the election,
the validity of the election has not been disputed in accordance with law and
the Minister has no reason to believe that it will be so disputed.
Part II—Discharge etc.
from Defence Force of parliamentary candidates
7 Transfer of officers to Reserve
(1) Where:
(a) an officer who is a member of the
Permanent Navy, the Regular Army or the Permanent Air Force applies to the
appropriate service chief to be transferred to the appropriate Reserve; and
(b) he
satisfies the appropriate service chief that he intends, if he is so
transferred, to become a candidate for election as a member of a House of the
Parliament of Australia or of a State or of the Legislative Assembly for the
Northern Territory or a prescribed legislative or advisory body for another
Territory at an election specified by him in the application;
the appropriate service chief may transfer him to the
appropriate Reserve.
8 Discharge of enlisted members
Where:
(a) 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 to be discharged from that arm of the Defence
Force; and
(b) he
satisfies the appropriate service chief that he intends, if he is so
discharged, to become a candidate for election as a member of a House of the
Parliament of Australia or of a State or of the Legislative Assembly for the
Northern Territory or a prescribed legislative or advisory body for another
Territory at an election specified by him in the application;
the appropriate service chief may discharge him
accordingly.
9 Termination of continuous full‑time service
Where:
(a) 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
(b) he
satisfies the appropriate service chief that he intends, if that service is so
terminated, to become a candidate for election as a member of a House of the
Parliament of Australia or of a State or of the Legislative Assembly for the
Northern Territory or a prescribed legislative or advisory body for another
Territory at an election specified by him in the application;
the appropriate service chief may terminate that service
accordingly.
Part III—Re‑instatement
of unsuccessful candidates
10 Re‑instatement of officers
(1) The appropriate service chief may, upon
application being made in writing to him by an officer who has been transferred
to a Reserve under section 7 for his re‑instatement in the force of
which he was a member immediately before he was so transferred (being
application made not later than two months after the date that is the declared
date in relation to the relevant election or within such further period as the
appropriate service chief, in special circumstances, allows), transfer the
officer to that force with the rank held by him immediately before he was
transferred to the Reserve.
(2) Except as provided by Rules 62 and 63 of
the Superannuation Rules, section 80 of the Defence Forces Retirement
Benefits Act and by sections 52 and 54 of the Defence Force Retirement and
Death Benefits Act, where an officer is, under the last preceding subsection,
transferred to the force of which he was a member immediately before he was transferred
to a Reserve under section 7 of this Act, he shall, upon being transferred
to that force, be deemed to have continued to have been a member of that force
during the period when he was a member of the Reserve but, subject to the next
succeeding subsection, he shall be deemed to have been absent on leave without
pay during that period.
(3) Where the last preceding subsection
applies in relation to an officer who, immediately before he was transferred to
a Reserve, was serving under an appointment for a specified period, the period
in respect of which he is, under that subsection, deemed to have been absent on
leave without pay shall not be taken into account in calculating the period
that he has served under that appointment.
(4) Notwithstanding the last preceding
subsection or anything contained in any other law of Australia, the period in
respect of which an officer is, under this section, deemed to have been absent
on leave without pay shall be treated as a period of service in calculating the
entitlement of the officer to long service leave or furlough.
11 Re‑instatement of enlisted members
(1) The appropriate service chief may, upon
application being made in writing to him by a person who has been discharged
from an arm of the Defence Force under section 8 for his re‑instatement
in the force of which he was a member immediately before he was discharged
(being application made not later than two months after the date that is the
declared date in relation to the relevant election or within such further
period as the appropriate service chief, in special circumstances, allows),
cause the person to be re‑enlisted in that force with the rank held by
him immediately before he was discharged.
(2) Except as provided by Rules 62 and 63 of
the Superannuation Rules, section 80 of the Defence Forces Retirement
Benefits Act and by sections 52 and 54 of the Defence Force Retirement and
Death Benefits Act, where a person is re‑enlisted in a force by virtue of
the last preceding subsection, he shall, upon re‑enlistment, be deemed to
have continued to have been a member of that force during the period commencing
upon his being discharged and ending upon his re‑enlistment but, subject
to the next succeeding subsection, he shall be deemed to have been absent on leave
without pay during that period.
(3) Where the last preceding subsection
applies in relation to a person, the period in respect of which he is, under
that subsection, deemed to have been absent on leave without pay shall not be
taken into account in calculating the period that he has served under the
engagement under which he was serving immediately before he was discharged.
(4) Any form of oath or affirmation that a
person is, by any law of Australia, required to take or make upon enlistment in
an arm of the Defence Force may, in respect of a person who is re‑enlisted
in that arm of the Defence Force by virtue of subsection (1), be modified
appropriately.
(5) Notwithstanding subsection (3) or
anything contained in any other law of Australia, the period in respect of
which a person is, under this section, deemed to have been absent on leave
without pay shall be treated as a period of service in calculating the
entitlement of that person to long service leave or furlough.
12 Re‑instatement of members rendering
continuous full‑time service
(1) The appropriate service chief may, upon
application being made in writing to him by a person whose continuous full‑time
service has been terminated under section 9 for his re‑instatement
as a member rendering continuous full‑time service (being application
made not later than two months after the date that is the declared date in
relation to the relevant election or within such further period as the
appropriate service chief, in special circumstances, allows), cause the person
to be accepted for further continuous full‑time service in the part of
the Defence Force in which he was serving immediately before his continuous
full‑time service was terminated, for such period as is agreed upon
between the appropriate service chief and the person, with the rank held by him
immediately before his continuous full‑time service was terminated.
(2) Except as provided by Rules 62 and 63 of
the Superannuation Rules, section 80 of the Defence Forces Retirement
Benefits Act and by sections 52 and 54 of the Defence Force Retirement and
Death Benefits Act, where a person is, under the last preceding subsection,
accepted for further continuous full‑time service, he shall be deemed to
have been absent on leave without pay during the period commencing upon the
termination of his continuous full‑time service and ending on the
commencement of the further continuous full‑time service.
(3) Notwithstanding the last preceding
subsection or anything contained in any other law of Australia, the period in
respect of which a person is, under this section, deemed to have been absent on
leave without pay shall be treated as a period of service in calculating the
entitlement of that person to long service leave or furlough.
13 Compulsory re‑instatement of officers
(1) Where:
(a) an officer has been transferred to
a Reserve under section 7;
(b) the appropriate service chief is
satisfied that:
(i) he was not nominated
in the relevant election; or
(ii) having been nominated
in the relevant election, he failed to be elected in that election; and
(c) he
has not made application having effect for the purposes of section 10 for
re‑instatement in the force of which he was a member immediately before
he was transferred to a Reserve;
the appropriate service chief may, by notice in writing
served on him before the expiration of a period of one month after the date
that is the declared date in relation to the relevant election, require him to
make to the appropriate service chief, not later than the expiration of a
period of two months after the declared date, application in writing for his re‑instatement
in the force of which he was a member immediately before he was transferred to
the Reserve.
(2) If, at the expiration of the period of
two months after the declared date, the officer has not made application in
writing to the appropriate service chief for re‑instatement in the force
of which he was a member immediately before he was transferred to a Reserve, he
shall be deemed to have made such an application on the last day of that period
and section 10 applies in relation to him accordingly.
14 Compulsory re‑instatement of enlisted members
(1) Where:
(a) a person has been discharged from
the Defence Force under section 8;
(b) the appropriate service chief is
satisfied that:
(i) he was not nominated
in the relevant election; or
(ii) having been nominated
in the relevant election, he failed to be elected in that election; and
(c) he
has not made application having effect for the purposes of section 11 for
re‑instatement in the force of which he was a member immediately before
he was discharged;
the appropriate service chief may, by notice in writing
served on him before the expiration of a period of one month after the date
that is the declared date in relation to the relevant election, require him to
make to the appropriate service chief, not later than the expiration of a
period of two months after the declared date, application in writing for his re‑instatement
in the force of which he was a member immediately before his discharge.
(2) If, at the expiration of the period of
two months after the declared date, the person has not made application in
writing to the appropriate service chief for re‑instatement in the force
of which he was a member immediately before he was discharged, he shall be
deemed to have made such an application on the last day of that period and on
that day to have been re‑enlisted, in accordance with section 11, in
the force of which he was a member immediately before he was discharged, and
that section applies in relation to him accordingly.
(3) Any requirement of any other law of Australia
that a person enlisting in an arm of the Defence Force shall take an oath or
make an affirmation does not apply in relation to the re‑enlistment of a
person by virtue of the last preceding subsection.
Part IV—Miscellaneous
16 Return of member, family and household effects etc.
to place of enlistment
(1) Where an officer has been transferred to
a Reserve under section 7, an enlisted member has been discharged from the
Defence Force under section 8 or the continuous full‑time service of
a member has been terminated under section 9, the appropriate service
chief shall, if he so requests, arrange for him to travel, at the expense of
the Defence Force, from the place where he is serving when he is so transferred
or discharged, or his continuous full‑time service is terminated, to the
place at which he resided immediately before he became a member or to such
other place as is agreed upon between him and the appropriate service chief.
(2) Where:
(a) at the time a person makes
application having effect for the purposes of section 7, 8 or 9, he is
serving at a place outside Australia;
(b) members of his family who are
dependent upon him are at that time living at or near the place where he is so
serving or at or near a place outside Australia at which he previously served;
and
(c) he
has been transferred to a Reserve under section 7, discharged under
section 8 or his continuous full‑time service has been terminated
under section 9, or the appropriate service chief proposes so transferring
or discharging him or terminating his continuous full‑time service under
whichever of those sections is applicable;
the appropriate service chief shall, if the person so
requests:
(d) arrange for those members of his
family to travel, at the expense of the Defence Force, from the place where
they are living referred to in paragraph (b) to the place at which the
person resided immediately before he became a member or to such other place in
Australia as is agreed upon between the person and the appropriate service
chief; and
(e) arrange for such household
furniture and such effects of the person and of those members of his family at
the place at which they are so living as the appropriate service chief approves
to be brought from that place to the place at which the person resided
immediately before he became a member or to such other place as is agreed upon
between the person and the appropriate service chief.
(3) For the purposes of this section, a
member of the family of a person is dependent upon him if he is wholly or
substantially so dependent.
17 Refund of gratuity
(1) Where:
(a) an officer has been transferred to
a Reserve under section 7, an enlisted member has been discharged from the
Defence Force under section 8 or the continuous full‑time service of
a member has been terminated under section 9; and
(b) subsection (2)
of section 10, subsection (2) of section 11 or
subsection (2) of section 12 has effect in relation to him;
he shall pay to Australia an amount equal to the amount of
any gratuity paid to him upon his being transferred to a Reserve, upon his
being discharged or upon his continuous full‑time service being
terminated and shall be deemed not to have received that gratuity.
(2) An amount payable by a person to
Australia under this section may be recovered from the person in any court of
competent jurisdiction as a debt due to Australia.
(3) In this section, gratuity
includes bounty, but does not include a gratuity paid under the Defence Forces
Retirement Benefits Act.
18 Service of notice
A notice by the Chief of Navy, the Chief
of Army or the Chief of Air Force under section 13 or 14 may be
served on a person:
(a) by delivering the notice to the
person; or
(b) by posting the notice by
registered post to the person at the address of the person as shown in the
records of the arm of the Defence Force of which he is or was a member.
19 Delegation
(1) The Chief of Navy, the Chief of Army or
the Chief of Air Force may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to a person any of
his powers or functions under this Act, other than this power of delegation.
(2) A power or function so delegated, when
exercised or performed by the delegate, shall for the purposes of this Act, be
deemed to have been exercised by the Chief of Navy, the Chief of Army or the
Chief of Air Force, as the case requires.
(3) A delegation under this section does not
prevent the exercise of a power or the performance of a function by the Chief
of Navy, the Chief of Army or the Chief of Air Force, as the case may be.
(4) A delegation under this section continues
in force notwithstanding a change in the occupancy of, or a vacancy in, the
office of Chief of Navy, Chief of Army or Chief of Air Force, as the case may
be.
22 Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing all matters necessary
or convenient to be prescribed for carrying out or giving effect to this Act.