Commonwealth Consolidated Regulations

DEFENCE REGULATION 2016

- made under the Defence Act 1903

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   3.      Authority  
   5.      Objects of this regulation  
   6.       Definitions  

   PART 2--SERVICE--CHIEFS

   7.      Appointment as service chief  
   8.      Acting appointments  
   9.      Resignation  
   10.     Termination of appointment as service chief  
   11.     Remuneration and allowances  

   PART 3--SERVICE--IN THE DEFENCE FORCE

           Division 1--Appointment and enlistment

   12.     Appointment and enlistment  

           Division 2--Promotion and reduction in rank

   13.     Promotion  
   14.     Reduction in rank  

           Division 3--Transfers

   15.     Transfer between arms of the Defence Force  
   16.     Transfer from Permanent Forces to Reserves  
   17.     Voluntary transfer from Reserves to Permanent Forces  

           Division 4--Changing periods of service

   18.     Voluntary change  
   19.     Time of war or defence emergency  
   20.     Defence Force discipline  

           Division 5--End of service or period of service

   21.     Becoming member of Reserves after service in Permanent Forces  
   22.     End of service in the Reserves--5 year rule  
   23.      Retirement age  
   24.     Early termination of service  
   25.     Service obligation debts  
   26.     Change of reason for end of service  

           Division 6--Service in the Reserves

   27.     Service in the Reserves  

           Division 7--Suspension from duty

   28.     Suspension from duty  

           Division 8--Forfeiture of pay--absent without leave

   29.     Forfeiture of pay--absent without leave  

           Division 9--Notice to members

   30.     Notice to members  

   PART 4--HONORARY--RANKS

   31.     Honorary officer ranks  
   32.     Honorary enlisted ranks  

   PART 5--PRIVILEGES--AFTER END OF SERVICE

   33.     Title after end of service  
   34.     Wearing of uniform after end of service  

   PART 6--DEFENCE--HONOURS AND AWARDS

   35.     Defence honours  
   36.     Defence awards  
   37.     Disclosure of information about honours and awards  

   PART 6A--STOP--SEXUAL HARASSMENT DIRECTIONS

   37A.    Object of this Part  
   37B.    Authorised application officers  
   37C.    Application for authorised application officer to deal with a sexual harassment dispute  
   37D.    Dealing with an application  
   37E.    Interim directions  
   37F.    Stop sexual harassment directions  
   37G.    Review by Chief of the Defence Force or Secretary  
   37H.    Withdrawing application or request  

   PART 7--REDRESS--OF GRIEVANCES

   38.     Object of this Part  
   39.     Chief of the Defence Force may authorise person to receive complaints  
   40.     Making a complaint  
   41.     Manner of making complaint  
   42.     Action to consider complaint or redress grievance  
   43.     Referral to Inspector - General ADF  
   44.     Inspector - General ADF to consider complaint  
   45.     Action by Inspector - General ADF  
   46.     Inspector - General ADF may decide not to consider complaint  
   47.     Withdrawing complaint  
   48.     Victimisation  

   PART 8--MEDICAL--AND DENTAL TREATMENT

   49.     Provision of medical and dental treatment  
   50.     Recovery of the costs of treatment in certain circumstances  

   PART 9--OATHS--AND AFFIRMATIONS ETC. FOR MEMBERS SERVING OVERSEAS

   51.     Oaths and affirmations etc. for members outside Australia  
   52.     Meaning of competent officer  

   PART 10--CERTIFICATION--OF DEATHS

   53.     Minister may issue death certificates  
   54.     Cancellation and correction of death certificates  
   55.     Dealing with property  
   56.     No civil or criminal liability for reliance on certificate or cancellation  

   PART 11--DEFENCE--AREAS

           Division 1--Application of Part

   57.     Application  

           Division 2--Defence areas

   58.     Declaration of defence area  
   59.     Prohibition of entry into defence area  
   60.     Requirement to remove property from defence area  
   61.     Installation of equipment  
   62.     Permission requirements  
   63.     Removal from defence area  
   64.     Offence of obstructing or hindering  
   65.     Other defence operations and practices  
   66.     Division binds the Crown  

           Division 3--Compensation

   67.     Compensation for loss or damage  
   68.     Compensation for acquisition of property  

   PART 11A--DEFENCE--AVIATION AREAS

           Division 1--General

   68A.    Application  
   68B.    Interpretation  

           Division 2--Requirements in relation to defence aviation areas

              Subdivision A--Construction of buildings, structures and objects

   68C.    Construction of buildings, structures and objects in defence aviation areas above specified height restrictions  
   68D.    Construction of buildings, structures and objects in defence aviation areas that generate plumes or air turbulence above specified height restrictions  
   68E.    Applications for approval  
   68F.    Grant or refusal of approval  
   68G.    Conditions of approval to be complied with  

              Subdivision B--Hazardous objects

   68H.    Hazardous objects  
   68J.    Applications for approval  
   68K.    Grant or refusal of approval  
   68L.    Conditions of approval to be complied with  

              Subdivision C--Buildings, structures or objects may be removed or marked etc.

   68M.    Removal or marking etc. of buildings, structures or objects  
   68N.    Removal or marking of buildings, structures or objects in urgent situations  

           Division 3--Monitoring

   68P.    Provisions subject to monitoring under the Regulatory Powers Act  
   68Q.    Information subject to monitoring under the Regulatory Powers Act  

           Division 4--Compensation

   68R.    Compensation for diminution of land value, loss or damage  
   68S.    Compensation for acquisition of property  

           Division 5--Review of decisions

   68T.    Review by Administrative Appeals Tribunal  

   PART 12--AID--TO CIVILIAN AUTHORITIES

   69.     Aid to civilian authorities  

   PART 13--VISITING--FORCES

   70.     Countries to which provisions of Part IXA of the Act apply  
   71.     Form of warrant  
   72.     Sentences imposed by service tribunals of other countries  
   73.     Evidence of facts by certificate  

   PART 14--PROHIBITED--WORDS AND LETTERS

   74.     Prohibited words  
   75.     Prohibited letters  
   76.     Use of prohibited words or letters  
   77.     Consent to use prohibited words or letters  
   78.     Review by Administrative Appeals Tribunal  
   79.     Treatment of partnerships  
   80.     Treatment of unincorporated associations and bodies  

   PART 15--WAR--GRAVES

   81.     War graves  

   PART 15A--AUSTRALIAN--DEFENCE FORCE CADETS

   81A.    Laws relating to equipment  

   PART 16--DELEGATIONS

   82.     Delegation of Minister's powers  
   83.     Delegation of Secretary's powers  
   84.     Delegation of Chief of the Defence Force's powers  

   PART 17--TRANSITIONAL--PROVISIONS

           Division 1--General

   85.     Processes begun under Defence Force Regulations 1952 or Defence (Personnel) Regulations 2002  
   86.     Applications relating to prohibited words or letters  
   87.     Defence areas  
   88.     Retirement age  
   89.     Medical and dental treatment  

           Division 2--Amendments made by Defence Amendment (Defence Aviation Areas) Regulations 2018

   90.     Definitions  
   91.     Things done by, or in relation to, the Minister  
   92.     Things started but not finished by the Minister  
   93.     Transitional--appeals to the Administrative Appeals Tribunal made, but not determined, before commencement  
   94.     Transitional--applications under old regulations continue to have effect  
   95.     Transitional--approvals under old regulations continue in force  
           SCHEDULE 1 Oath and affirmation
           SCHEDULE 2 Form of warrant