Defence Regulation 2016 (Cth)

Defence Regulation 2016 made under the

Defence Act 1903

Compilation No. 7

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Defence Regulation 2016 that shows the text of the law as amended and in force on 14 October 2024 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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 Review 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 Review 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 1 Form of oath 2 Form of affirmation 3 Persons before whom oath or affirmation may be taken or made Schedule 2—Form of warrant Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history