Defence Act 1903 (Cth)

Defence Act 1903

No. 20, 1903

Compilation No. 82

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Defence Act 1903 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Introductory 1 Short title 3 Commencement of Act 4 Interpretation 5 Application of Act 5A Extension of Act to Territories 6 Application of the Criminal Code 7 Act does not appropriate money Part II—Control and administration 8 The Minister 9 Command of the Defence Force 10 Administration of the Defence Force 11 Defence Instructions 12 Appointments 13 Acting appointments 14 Resignation 15 Termination of appointment 16 Remuneration and allowances Part III—The Australian Defence Force Division 1—Constitution of the Australian Defence Force 17 The Australian Defence Force 18 Royal Australian Navy 19 Australian Army 20 Royal Australian Air Force 21 Ranks and corresponding ranks Division 2—Service in the Defence Force 22 Voluntary entry 23 Service in the Permanent Forces 24 Service in the Reserves 25 Training for Reserves 26 Volunteer service by Reserves 27 Service is not a civil contract Division 3—Calling out the Reserves 28 Governor‑General may call out Reserves 29 Period of service while covered by call out order Part IIIAAA—Calling out the Defence Force to protect Commonwealth interests, States and self‑governing Territories Division 1—Introduction 30 Simplified outline of this Part 31 Definitions Division 2—Calling out the Defence Force Subdivision A—Simplified outline of this Division 32 Simplified outline of this Division Subdivision B—Making call out orders 33 Calling out the Defence Force to protect Commonwealth interests 34 Contingent call out of the Defence Force to protect Commonwealth interests 35 Calling out the Defence Force to protect States and Territories 36 Contingent call out of the Defence Force to protect States and Territories Subdivision C—Common provisions for making, varying and revoking call out orders 37 Making, varying and revoking call out orders 38 Commonwealth interests orders or variations that were not requested by a State or Territory Subdivision D—Effect of making call out order 39 Chief of Defence Force to utilise Defence Force as directed 40 Assisting and cooperating with police forces of affected States and Territories Division 3—Special powers generally authorised by Minister Subdivision A—Introduction 41 Simplified outline of this Division 42 Application of this Division 43 Powers that may be exercised under this Division and Division 4 44 Location of exercise of powers 45 International obligations Subdivision B—Special powers generally authorised by Minister 46 Special powers generally authorised by Minister Division 4—Powers exercised in specified areas Subdivision A—Introduction 47 Simplified outline of this Division 48 Application of this Division 49 International obligations 50 Members to wear uniforms and identification when exercising powers Subdivision B—Declaration of specified area 51 Declaration of specified area Subdivision C—Powers to search premises in specified area 51A Authorisation to search premises in specified area 51B Information to be given to occupier etc. and those searched 51C Occupier etc. entitled to be present during search Subdivision D—Powers relating to means of transport and persons in specified area 51D Powers relating to means of transport and persons in specified area 51E General provisions relating to section 51D Division 5—Powers to protect declared infrastructure Subdivision A—Introduction 51F Simplified outline of this Division 51G International obligations Subdivision B—Infrastructure declaration 51H Infrastructure declaration Subdivision C—Powers to protect declared infrastructure 51J Application of this Subdivision 51K Location of exercise of powers 51L Powers to protect declared infrastructure Division 6—Provisions common to Divisions 3 to 5 51M Simplified outline of this Division 51N Use of reasonable and necessary force 51P Persons to be informed of certain matters if detained 51Q Action to be taken if things are seized 51R Offence for failing to comply with a direction 51S Exercise of powers when certain obligations not complied with Division 7—Expedited orders and declarations 51T Simplified outline of this Division 51U Making expedited orders and declarations 51V Effect of expedited order or declaration 51W Effect of expedited order on Ministerial authorisation Division 8—Miscellaneous Subdivision A—Simplified outline of this Division 51X Simplified outline of this Division Subdivision B—Applicable criminal law 51Y Applicable criminal law 51Z Defence of superior orders in certain circumstances Subdivision C—Other provisions 51ZA Publication of order and report 51ZB Independent review of this Part 51ZC Instruments that are not legislative instruments 51ZD Effect on other Defence Force utilisation and powers Part IIIAA—Superannuation 52 Determination of benefit 52A Department's employer superannuation contributions 52B Providing information to CSC in relation to invalidity 53 Trustee of scheme providing superannuation benefit Part IIIA—Remuneration, allowances and other benefits Division 1—Determinations by the Minister 58A Interpretation 58B Minister may make determinations 58E Delegation Division 2—The Defence Force Remuneration Tribunal 58F Interpretation 58G Establishment of Defence Force Remuneration Tribunal 58H Functions and powers of Tribunal 58HA Hearings in relation to discriminatory determinations 58HB Review of discriminatory determinations 58J Reports by Tribunal 58K Procedure of Tribunal 58KA Single member may conduct Tribunal's business 58KB Procedure where single member is conducting Tribunal's business 58KC Review of action etc. of single member 58KD Determinations giving effect to agreement between the parties 58L Terms and tenure of office 58M Resignation 58N Termination of appointment 58P Acting appointments 58Q Fees and allowances Division 3—The Defence Force Advocate 58R Interpretation 58S Defence Force Advocate 58T Functions of Advocate 58U Tenure and terms of office 58V Resignation 58W Termination of appointment 58X Acting Defence Force Advocate 58Y Fees and allowances Part IV—Liability to serve in the Defence Force in time of war Division 1—Liability to serve 59 Persons liable to serve in Defence Force in time of war 60 Proclamation calling upon persons to serve in time of war 61 Registration and allotment for service 61A Persons exempt from service 61B Entry into Defence Force for service 61C Part not to apply to certain persons Division 2—Determination of conscientious belief 61CA Application for determination of conscientious belief 61CB Secretary must refer application 61CC Function of Conscientious Objection Tribunals 61CD Parties to the hearing of an application 61CE Notice of determination to be given to parties Division 3—Establishment and membership of Conscientious Objection Tribunals 61CF Establishment of Conscientious Objection Tribunals 61CG Period of appointment of members 61CH Remuneration and allowances of members 61CJ Other terms and conditions 61CK Leave of absence 61CL Resignation 61CM Removal from office 61CN Member of a Tribunal unavailable to complete proceeding 61CO Acting appointments Division 4—Procedures of Conscientious Objection Tribunals 61CP Tribunals' way of operating 61CQ Powers of Tribunals 61CR Procedure of Tribunals 61CS Majority decision 61CT Procedure where opinion of members equally divided 61CU Hearings 61CV Onus of proof 61CW Protection of members and persons giving evidence etc. 61CX Fees for persons giving evidence 61CY Failure of witness to attend 61CZ Refusal to be sworn or to answer questions etc. 61CZA Contempt of Tribunal Division 5—Reviews and appeals 61CZB Review of determinations of Conscientious Objection Tribunals 61CZC ART Act to apply subject to modification 61CZD Appeals from ART 61CZE Operation etc. of decision subject to appeal Part V—Australian Defence Force Cadets 62 Australian Defence Force Cadets 62A Direction and administration of the Cadets 62B Chief of the Defence Force may make determinations 62C Relationship to the Defence Force 62D Acceptance is not a civil contract 62E Annual report Part VI—Special powers in relation to defence 63 General powers for defence purposes 64 Control of railways in time of war 65 Railways to carry troops etc. when required 66 Conveyance by railway and tramway 67 Registration and impressment of vehicles etc. 68 Billeting and quartering 70 Tolls Part VIA—Security of defence premises Division 1—Preliminary 71 Simplified outline 71A Definitions Division 2—Defence security officials 71B Contracted defence security guards 71C Security authorised members of the Defence Force 71D Defence security screening employees 71E Identity cards 71F Delegations relating to training and qualification requirements 71G Delegations relating to identity cards Division 3—Powers exercisable with consent at defence access control points and on defence premises Subdivision A—General provisions 71H Consensual identification and limited search—person about to pass a defence access control point 71J Consensual search—vehicle, vessel or aircraft about to pass a defence access control point 71K Consensual identification—person on defence premises Subdivision B—Special provisions for declared explosive ordnance depots 71L Declared explosive ordnance depots 71M Consensual search—person on a declared explosive ordnance depot 71N Consensual search—vehicle, vessel or aircraft on a declared explosive ordnance depot 71P Powers additional to other powers Subdivision C—Offences 71Q Offences—search powers exercised without consent Division 4—Powers exercisable without consent at defence access control points and on defence premises 71R Non‑consensual identification and search—person about to pass a defence access control point 71S Non‑consensual search—vehicle, vessel or aircraft about to pass a defence access control point 71T Non‑consensual identification and search—person on defence premises 71U Non‑consensual search—vehicle, vessel or aircraft on defence premises 71V Offence—refusing to provide evidence etc. required under this Division 71W Offence—hindering or obstructing a search under this Division 71X Security authorised members of the Defence Force may respond to attack 71Y Power to stop and detain 71Z Powers are in addition to powers under this Part Division 5—Seizure 72 Power to seize things on defence premises Division 6—Matters relating to exercise of powers under Part 72A Certain powers to be exercised only by security authorised members of the Defence Force unless not reasonably practicable 72B Defence security officials must produce identity cards, etc. 72C Persons to be informed of offence 72D Conduct of searches and limited searches 72E Use of equipment to examine things etc. 72F Power to move certain unattended things on defence premises 72G Use of reasonable and necessary force, etc. by defence security officials 72H Use of force involving death or grievous bodily harm by security authorised members of the Defence Force in responding to an attack 72J Limit on power to restrain and detain 72K Limit on power to arrest 72L Powers not to be used to stop protests etc. 72M Security authorised members of the Defence Force may use dogs 72N Persons assisting defence security officials Division 7—Other matters 72P Unauthorised entry etc. on defence premises or defence accommodation 72Q Certain information may be collected and provided to law enforcement agencies etc. 72R Compensation for acquisition of property 72S Other powers not affected Part VIB—The Woomera Prohibited Area 72T Definitions 72TA The Woomera Prohibited Area 72TB Application of this Part and Part VII of the Defence Force Regulations 1952 72TC Offence—being in the Woomera Prohibited Area without permission 72TD Standing permission 72TE Permits 72TF Minister's permission 72TG Offence—failing to comply with conditions 72TH Minister may suspend permission 72TJ Minister may give directions 72TK Compensation for acquisition of property 72TL Compensation for loss or damage 72TM Review of decisions 72TN Delegation 72TO Infringement notices 72TP The Woomera Prohibited Area Rules Part VII—Offences 73A Unlawfully giving or obtaining information as to defences 73F Penalty 79 Unlawfully disposing of arms etc. 80A Falsely representing to be returned soldier, sailor or airman 80B Improper use of service decorations 82 Sketching etc. of fortifications prohibited 83 Unauthorised use, possession or supply of emblems or flags 84 Penalty for bringing contempt on uniform Part VIII—Offences in relation to service tribunals 86 Failure of witness to appear 88 False or misleading evidence 89 Contempt of service tribunals etc. 90 Failure to comply with order under section 140 of the Defence Force Discipline Act 1982 Part VIIIA—Testing for prohibited substances Division 1—Preliminary 91 Application of Part 92 Object of Part 93 Definitions 93A Authorised person 93B Determinations about prohibited substances and prohibited substance tests Division 2—Testing for prohibited substances 94 Requirement to undergo a prohibited substance test 95 Conduct of testing 96 Notice to person required to provide a sample Division 3—Return of a positive test result 98 Application 100 Notice to be given of a positive test result 101 Termination Division 4—Miscellaneous 106 Failure to provide sample 107 Unauthorised acts in relation to sample 108 Finding made as a result of testing not admissible in certain criminal proceedings 109 Defence Instructions 110 Other administrative action not precluded Part VIIIB—Inspector‑General of the Australian Defence Force Division 1—Establishment and functions of the Inspector‑General of the Australian Defence Force 110A Object of Part 110B Inspector‑General of the Australian Defence Force 110C Functions of the Inspector‑General ADF 110DA Conduct of inquiry or investigation 110DB Inspector‑General ADF may end an inquiry or investigation Division 2—Administrative provisions about the Inspector‑General of the Australian Defence Force 110E Appointment 110F Qualifications for appointment 110G Tenure 110H Resignation 110I Remuneration 110J Leave of absence 110K Engaging in other paid work 110L Termination of appointment 110M Disclosure of interests 110N Acting appointments 110O Staff 110P Inquiry officers, inquiry assistants and Assistants IGADF Division 3—Other matters 110Q Protection from civil actions 110R Annual report by Inspector‑General ADF 110S Delegation Part VIIIC—Defence Honours and Awards Appeals Tribunal Division 1—Preliminary 110T Definitions Division 2—Establishment and functions of Defence Honours and Awards Appeals Tribunal 110U Establishment of Tribunal 110UA Functions of Tribunal 110UB Tribunal and Tribunal members not subject to direction Division 3—Review of decisions by the Tribunal 110V What decisions are reviewable? 110VA Who can apply for review? 110VB Review of decisions by the Tribunal 110VC Power to dismiss review applications Division 4—Inquiries by the Tribunal 110W Minister may direct Tribunal to hold inquiry Division 5—General provisions relating to operation of the Tribunal 110X Role of the Chair 110XA Constitution of Tribunal for Tribunal proceedings 110XB What happens if a Tribunal member stops being available 110XC Summoning persons to give evidence or produce documents 110XD Protection of confidential or sensitive evidence or submissions etc. 110XE Formal requirements relating to decisions etc. of the Tribunal 110XF Protection of Tribunal members and other persons 110XG Disclosure of interests by Tribunal members 110XH Procedural rules Division 6—Tribunal members 110Y Constitution of Tribunal 110YA Appointment of Tribunal members 110YB Period of appointment 110YC Acting appointments 110YD Other employment 110YE Remuneration 110YF Leave 110YG Resignation 110YH Termination 110YI Other terms and conditions Division 7—Miscellaneous 110Z Regulations Part VIIID—Director of Defence Counsel Services 110ZA Director of Defence Counsel Services 110ZB Functions and powers of the Director of Defence Counsel Services 110ZC Delegation 110ZD Protection from action Part IX—Legal procedure 111 Subscription, arms etc. vested in commanding officer 111A Property of Rifle Club vested in Captain Part IXAA—Performing work for or providing training to a foreign military organisation or government body Division 1—Introduction 112 Simplified outline of this Part 113 Definitions 114 Definition of foreign work restricted individual 115 Ministerial legislative instruments Division 2—Foreign work restricted individuals working for a foreign military organisation or government body 115A Offence—foreign work restricted individuals working for a foreign military organisation or government body Division 3—Other individuals providing training to a foreign military organisation or government body 115B Offence—other individuals providing training to a foreign military organisation or government body Division 4—Foreign work authorisations 115C Grant of foreign work authorisation 115D Offence for failing to comply with a condition of an authorisation 115E Cancellation of authorisation 115F Suspension of authorisation 115G Variation of authorisation—on Minister's own initiative 115H Variation of authorisation—on request 115J Notice before decision about authorisation 115K Internal review of decisions 115L ART review of decisions 115M Disclosure of reasons for decisions Division 5—Other matters 115N Delegation by Minister 115P Review of this Part Part IXA—Provisions relating to the forces of other countries Division 1—Interpretation 116A Interpretation Division 2—Attachment of personnel and mutual powers of command 116B Attachment to the Defence Force of members of the forces of another country and vice versa 116C Forces serving together 116D Corresponding ranks Division 3—Absentees without leave 116E Interpretation 116F Apprehension of absentees without leave 116G Detention of illegal absentee 116H Disposal of person in custody 116J Evidence for the purposes of this Division 116K Proof of facts by certificate Division 4—Miscellaneous 116M Delegation Part IXB—Public areas of defence land 116P Interpretation 116Q Public areas of defence land 116R Delegation 116S Appointment of rangers 116T Rangers ex officio 116U Identity cards 116V Powers of arrest 116W General powers of rangers 116X Seizure and forfeiture 116Y Assaulting etc. rangers 116ZA Officers and employees of governments and authorities 116ZB Prosecution of offences 116ZC Concurrent operation of State and Territory laws 116ZCA Infringement notices 116ZD By‑laws Part IXC—Salvage claims 117 Interpretation 117A Salvage claims by crew of Naval ships 117AA Apportionment of salvage between the Commonwealth and crew members 117AB Apportionment of salvage amongst crew members Part IXD—Defence aviation areas 117AC Defence aviation areas 117AD Regulations in relation to defence aviation areas 117AE Monitoring powers 117AF Modifications of Part 2 of the Regulatory Powers Act 117AG Appointment of inspectors for defence aviation areas 117AH Delegation of powers of Secretary or Chief of Defence Force Part X—Miscellaneous 117B Members and former members may bring actions for money due in respect of service 118 Penalty against raising forces without authority 118A Employer not to prevent employee from serving 118B Enlistment of apprentices in time of war 119 Forfeiture or suspension of salary in certain circumstances 120 Notice etc. need not be in writing unless required herein 120A Delegation 120B Attachment of salaries of members 121 Proof of order 121A Validation of declaration and past acts in relation to the Woomera Prohibited Area 122 Appointments etc. not invalid because of defect etc. in connection with appointment 122AA Taxation consequences of disposals of assets to defence companies 122B Exercise of rights and discharge of duties and obligations by legal officers 123 Immunity from certain State and Territory laws 123AA Immunity in relation to certain assistance 123A Intoxicating liquor 123B Religion 123F Certain persons not permitted to serve in Defence Force 123G Orders in relation to rifle ranges 123H Tactical payment scheme for activities of the Defence Force outside Australia 123J Delegations in relation to the tactical payment scheme Part XI—Regulations 124 Regulations Schedule 1—Ranks and corresponding ranks 1 Ranks and corresponding ranks Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history