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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment (2017
Measures No. 1) Bill 2017
No. , 2017
(Defence)
A Bill for an Act to amend the law relating to
defence, and for related purposes
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Testing for prohibited substances
4
Part 1--Testing
4
Defence Act 1903
4
Part 2--Positive test results
5
Defence Act 1903
5
Part 3--Accredited laboratories
8
Defence Act 1903
8
Schedule 2--Reserve service
9
Part 1--Scope of protections
9
Division 1--Scope of Parts 5, 6 and 7 of the Defence Reserve Service
(Protection) Act 2001
9
Defence Reserve Service (Protection) Act 2001
9
Division 2--Scope of Parts 8, 9 and 10 of the Defence Reserve
Service (Protection) Act 2001
10
Defence Reserve Service (Protection) Act 2001
10
Division 3--Definition of defence service
18
Defence Reserve Service (Protection) Act 2001
18
Part 2--Enforcement and remedies
19
Division 1--Main amendments
19
Defence Reserve Service (Protection) Act 2001
19
Division 2--Amendments contingent on the Regulatory Powers
(Standardisation Reform) Act 2017
26
Defence Reserve Service (Protection) Act 2001
26
Regulatory Powers (Standardisation Reform) Act 2017
27
Part 3--Discrimination and harassment
28
Defence Reserve Service (Protection) Act 2001
28
Part 4--Employment protection
32
ii
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Defence Reserve Service (Protection) Act 2001
32
Part 5--Education protection
37
Defence Reserve Service (Protection) Act 2001
37
Part 6--Jurisdiction of courts
40
Defence Reserve Service (Protection) Act 2001
40
Part 7--Other provisions
41
Schedule 3--Australian Geospatial-Intelligence Organisation
42
Intelligence Services Act 2001
42
Navigation Act 2012
44
Telecommunications Act 1997
45
Schedule 4--Australian Defence Force Cover Act 2015
46
Part 1--Medical discharge
46
Australian Defence Force Cover Act 2015
46
Part 2--Eligible children
50
Australian Defence Force Cover Act 2015
50
Part 3--Other amendments
54
Australian Defence Force Cover Act 2015
54
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
1
A Bill for an Act to amend the law relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Defence Legislation Amendment (2017 Measures
5
No. 1) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2,
Part 1
The 28th day after this Act receives the
Royal Assent.
4. Schedule 2,
Part 2, Division 1
The 28th day after this Act receives the
Royal Assent.
5. Schedule 2,
item 73
The 28th day after this Act receives the
Royal Assent.
However, the provisions do not commence
at all if Schedule 6 to the Regulatory Powers
(Standardisation Reform) Act 2017
commences on or before that day.
6. Schedule 2,
item 74
Immediately before the commencement of
Schedule 6 to the Regulatory Powers
(Standardisation Reform) Act 2017.
However, the provisions do not commence
at all if that Schedule commences on or
before the 28th day after this Act receives
the Royal Assent.
7. Schedule 2,
Parts 3 to 7
The 28th day after this Act receives the
Royal Assent.
8. Schedules 3
and 4
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1 Testing for prohibited substances
Part 1 Testing
4
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Schedule 1--Testing for prohibited
1
substances
2
Part 1--Testing
3
Defence Act 1903
4
1 Section 93 (definition of narcotic substance)
5
Repeal the definition.
6
2 Section 93 (definition of prohibited substance)
7
Repeal the definition, substitute:
8
prohibited substance means a substance that is a prohibited
9
substance because of a determination under subsection 93B(1).
10
3 Paragraph 95(2)(b)
11
After "must not", insert ", subject to subsection (4),".
12
4 At the end of section 95
13
Add:
14
(3) The person being tested may request that the test be conducted in
15
the presence of one particular person (in addition to any person
16
whose presence is necessary for the purposes of conducting or
17
supervising the test).
18
(4) If the person being tested makes such a request, the test may be
19
conducted in the presence of the person requested.
20
(5) To avoid doubt, the test may be conducted even if the requested
21
person is not present.
22
5 Application of amendments
23
The amendments made by this Part apply in relation to a prohibited
24
substance test conducted on or after the commencement of this item.
25
Testing for prohibited substances Schedule 1
Positive test results Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
5
Part 2--Positive test results
1
Defence Act 1903
2
6 Section 93 (definition of relevant authority)
3
Repeal the definition.
4
7 Section 93
5
Insert:
6
terminate the service of a person to whom this Part applies means:
7
(a) if the person is a defence member--terminate the service of
8
the member; or
9
(b) if the person is a defence civilian--terminate the arrangement
10
under which the person is a defence civilian.
11
8 At the end of subsection 98(1)
12
Add ", unless the result must be disregarded under subsection (2)".
13
9 Subsection 98(2)
14
Repeal the subsection, substitute:
15
(2) A positive test result must be disregarded in the circumstances (if
16
any) specified in the Defence Instructions.
17
10 Subsection 100(1)
18
Omit "relevant authority in relation to the person", substitute "Chief of
19
the Defence Force".
20
11 Paragraph 100(1)(b)
21
Repeal the paragraph, substitute:
22
(b) invite the person to give to the Chief of the Defence Force a
23
written statement of reasons as to why the person's service
24
should not be terminated.
25
12 Subsection 100(2)
26
Omit "relevant authority", substitute "Chief of the Defence Force".
27
Schedule 1 Testing for prohibited substances
Part 2 Positive test results
6
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
13 Sections 101 to 104
1
Repeal the sections, substitute:
2
101 Termination
3
(1) The Chief of the Defence Force must terminate the service of a
4
person if:
5
(a) the person is given a notice under section 100; and
6
(b) either:
7
(i) the person does not give to the Chief of the Defence
8
Force, within the period specified in the notice, a
9
statement of reasons why the service should not be
10
terminated; or
11
(ii) having considered such a statement given by the person,
12
the Chief of the Defence Force is of the opinion that the
13
service should be terminated.
14
(2) The termination must be in writing, and a copy given to the person.
15
(3) The termination takes effect on the day specified in it, which must
16
be a day occurring:
17
(a) on or after the day a copy of the termination is given to the
18
person; and
19
(b) no later than 3 months after the day referred to in
20
paragraph (a).
21
Delegates
22
(4) If a delegate of the Chief of the Defence Force gives a notice to a
23
person under section 100, the same delegate must not terminate the
24
service of the person under this section.
25
Note 1:
The Chief of the Defence Force or another delegate may terminate the
26
service instead of the first delegate.
27
Note 2:
For delegations, see subsection 120A(3D).
28
14 After paragraph 109(1)(i)
29
Insert:
30
(ia) the circumstances in which a positive test result must be
31
disregarded;
32
Testing for prohibited substances Schedule 1
Positive test results Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
7
15 Subsection 120A(3)
1
Repeal the subsection.
2
16 Paragraph 120A(3D)(e)
3
Omit ", 101, 103 and 104", substitute "and 101".
4
17 Application of amendments
5
The amendments made by this Part apply in relation to a positive test
6
result returned by a prohibited substance test after the commencement
7
of this item, whether the test was conducted before, on or after that
8
commencement.
9
Schedule 1 Testing for prohibited substances
Part 3 Accredited laboratories
8
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Part 3--Accredited laboratories
1
Defence Act 1903
2
18 Section 93 (definition of accredited authority)
3
Repeal the definition.
4
19 Section 93
5
Insert:
6
accredited laboratory means a laboratory or other body, or a
7
person, specified in the Defence Instructions to be an accredited
8
laboratory for the purposes of this Part.
9
20 Section 93 (definition of positive test result)
10
Omit "accredited authority", substitute "accredited laboratory".
11
21 Section 108
12
Omit "accredited authority", substitute "accredited laboratory".
13
22 Paragraph 109(1)(b)
14
Omit "accredited authorities", substitute "accredited laboratories".
15
Reserve service Schedule 2
Scope of protections Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
9
Schedule 2--Reserve service
1
Part 1--Scope of protections
2
Division 1
--Scope of Parts 5, 6 and 7 of the Defence
3
Reserve Service (Protection) Act 2001
4
Defence Reserve Service (Protection) Act 2001
5
1 Subsections 3(5) and (6)
6
Omit "(except for certain kinds of voluntary continuous full time
7
service)".
8
2 Subsection 3(7)
9
Omit "continuous full time defence service (except for certain kinds of
10
voluntary continuous full time service)", substitute "defence service".
11
3 Section 11 (table items 2, 3 and 4)
12
Repeal the items, substitute:
13
2
Part 5
Employment protection
All kinds of defence service
3
Part 6
Partnership protection
All kinds of defence service
4
Part 7
Education protection
All kinds of defence service
4 Section 12
14
Repeal the section.
15
5 Subsection 24(1)
16
Omit "except for certain kinds of voluntary continuous full time service
17
(see Part 3)".
18
6 Subsection 30(1)
19
Omit "to which this Part applies".
20
7 Subsection 30(1) (note)
21
Repeal the note.
22
Schedule 2 Reserve service
Part 1 Scope of protections
10
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
8 Subsection 34(1)
1
Omit "except for certain kinds of voluntary continuous full time service
2
(see Part 3)".
3
9 Subsection 37(1)
4
Omit "continuous full time defence service except for certain kinds of
5
voluntary continuous full time service (see Part 3)", substitute "defence
6
service".
7
10 Application of amendments
8
The amendments made by this Division apply in relation to defence
9
service that a member starts to render on or after the commencement of
10
this item.
11
Division 2
--Scope of Parts 8, 9 and 10 of the Defence
12
Reserve Service (Protection) Act 2001
13
Defence Reserve Service (Protection) Act 2001
14
11 Subsections 3(8) and (9)
15
Repeal the subsections, substitute:
16
(8) Part 8 postpones debts that a member (or his or her dependant) is
17
liable to pay and that would otherwise fall due after the member
18
starts rendering:
19
(a) defence service as a result of a call out; or
20
(b) operational service.
21
Interest accrues on the postponed debts. Part 8 also stays
22
proceedings in respect of the postponed debts.
23
(9) Part 9 protects a member or his or her dependant from bankruptcy
24
proceedings. It applies only if the member has rendered:
25
(a) defence service as a result of a call out; or
26
(b) operational service.
27
12 Subsection 3(10)
28
Omit "after being called out", substitute "as a result of a call out".
29
Reserve service Schedule 2
Scope of protections Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
11
13 Section 7
1
Insert:
2
call out means an order under section 28, 51A, 51AA, 51AB, 51B,
3
51C or 51CA of the Defence Act 1903.
4
14 Section 7 (definition of call out day)
5
Repeal the definition.
6
15 Section 7
7
Insert:
8
financial arrangement has the meaning given by section 40A.
9
operational service:
10
(a) subject to paragraph (d), includes defence service in
11
circumstances involving one or more of the following:
12
(i) war (within the meaning of the Defence Act 1903) or
13
warlike operations;
14
(ii) a time of defence emergency (within the meaning of the
15
Defence Act 1903);
16
(iii) defence preparation;
17
(iv) peacekeeping or peace enforcement;
18
(v) assistance to Commonwealth, State, Territory or foreign
19
government authorities and agencies in matters
20
involving Australia's national security or affecting
21
Australian defence interests;
22
(vi) support to community activities of national or
23
international significance;
24
(vii) civil aid, humanitarian assistance, medical or civil
25
emergency or disaster relief; and
26
(b) subject to paragraph (d), includes defence service prescribed
27
by the regulations for the purposes of this paragraph; and
28
(c) subject to paragraph (d), includes defence service by a
29
member involving:
30
(i) preparing to render particular operational service
31
covered by paragraph (a) or (b); or
32
(ii) decompressing after rendering operational service
33
covered by paragraph (a) or (b); and
34
Schedule 2 Reserve service
Part 1 Scope of protections
12
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(d) does not include defence service prescribed by the
1
regulations for the purposes of this paragraph.
2
start day of continuous full time service to which Part 8, 9 or 10
3
applies has the meaning given by subsection 13(3).
4
16 Subsection 9(1) (definition of dependant)
5
Omit "as a result of an order under section 28, 51A, 51AA, 51AB, 51B,
6
51C or 51CA of the Defence Act 1903", substitute "to which Part 8, 9 or
7
10 applies (see section 13)".
8
17 Subsection 9(1) (paragraph (b) of the definition of
9
dependant)
10
Omit "member's call out day", substitute "start day of the service".
11
18 Subsection 9(1) (paragraphs (c) and (e) of the definition of
12
dependant)
13
Omit "such", substitute "the".
14
19 Section 11 (table items 5, 6 and 7)
15
Repeal the items, substitute:
16
5
Part 8
Financial liability
protection
(a) continuous full time service as a
result of a call out; and
(b) continuous full time service that
is operational service;
(see section 13)
6
Part 9
Bankruptcy protection
(a) continuous full time service as a
result of a call out; and
(b) continuous full time service that
is operational service;
(see section 13)
7
Part 10
Loans and guarantees
Continuous full time service as a
result of a call out (see section 13)
20 Section 13
17
Repeal the section, substitute:
18
Reserve service Schedule 2
Scope of protections Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
13
13 Call outs and operational service
1
(1) Parts 8, 9 and 10 apply in relation to continuous full time service
2
that a member renders as a result of a call out.
3
(2) Parts 8 and 9 also apply in relation to continuous full time service
4
that is operational service.
5
(3) The start day of defence service to which subsection (1) or (2)
6
applies is:
7
(a) if subsection (1) applies--the day on which the member
8
becomes liable to render the service; or
9
(b) otherwise--the day on which the member starts to render the
10
service.
11
21 Division 1 of Part 8 (heading)
12
Repeal the heading, substitute:
13
Division 1--Overview of Part
14
22 Subsection 40(1)
15
Repeal the subsection, substitute:
16
(1) This Part applies (see Part 3) to:
17
(a) continuous full time service as a result of a call out; and
18
(b) continuous full time service that is operational service.
19
23 Subsection 40(2)
20
Omit "member's call out day", substitute "start day of the service".
21
24 Sections 41 to 44
22
Repeal the sections, substitute:
23
40A Meaning of financial arrangement
24
In this Act:
25
financial arrangement means any of the following:
26
(a) a secured or unsecured loan;
27
(b) a hire purchase agreement;
28
(c) an agreement to buy something (including land);
29
Schedule 2 Reserve service
Part 1 Scope of protections
14
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(d) an agreement to lease something (including land);
1
(e) a guarantee.
2
41 Financial liabilities that arise before start day of service
3
(1) This Part applies to a liability to make a payment under a financial
4
arrangement if:
5
(a) the liability is a liability of:
6
(i) a member who renders defence service; or
7
(ii) a dependant of a member who renders defence service;
8
and
9
(b) the liability arose before the start day of the service.
10
(2) This section is subject to the exceptions in sections 44, 45 and 46.
11
42 Options exercised on or after start day of service
12
(1) This Part also applies to a liability to make a payment under a
13
financial arrangement if:
14
(a) the liability is a liability of:
15
(i) a member who renders defence service; or
16
(ii) a dependant of a member who renders defence service;
17
and
18
(b) the liability arose when the member or dependant exercised,
19
on or after the start day of the service, an option under the
20
financial arrangement to buy or lease something (including
21
land); and
22
(c) the option was granted before the start day.
23
(2) This section is subject to the exceptions in sections 44, 45 and 46.
24
43 Rates etc. on land
25
Liabilities that arise before start day
26
(1) This Part applies to a liability to pay rates, or other taxes imposed
27
in respect of land, if:
28
(a) the liability is a liability of:
29
(i) a member who renders defence service; or
30
Reserve service Schedule 2
Scope of protections Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
15
(ii) a dependant of a member who renders defence service;
1
and
2
(b) the liability arose before the start day of the service.
3
Liabilities that arise on or after start day
4
(2) This Part also applies to a liability to pay rates, or other taxes
5
imposed in respect of land, if:
6
(a) the liability is a liability of:
7
(i) a member who renders defence service; or
8
(ii) a dependant of a member who renders defence service;
9
and
10
(b) the member or dependant exercised, on or after the start day
11
of the service, an option under a financial arrangement to buy
12
or lease the land to which the rates or other taxes relate; and
13
(c) the option was granted before the start day; and
14
(d) the liability to pay the rates or other taxes arose on or after
15
the day the member or dependant exercised the option.
16
Exceptions
17
(3) This section does not apply to a liability to pay GST (within the
18
meaning of the A New Tax System (Goods and Services Tax) Act
19
1999).
20
(4) This section is subject to section 46.
21
44 Part does not apply to security holder already exercising
22
remedies
23
This Part does not apply to a liability to make a payment under a
24
financial arrangement if:
25
(a) the liability is a liability of:
26
(i) a member who renders defence service; or
27
(ii) a dependant of a member who renders defence service;
28
and
29
(b) before the start day of the service, a court orders that a party
30
to the financial arrangement may exercise all or any of the
31
party's remedies to enforce any security under the
32
arrangement (including enter land if the security is land).
33
Schedule 2 Reserve service
Part 1 Scope of protections
16
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
25 Subsections 45(1), 49(1) and 52(1)
1
Omit "an agreement", substitute "a financial arrangement".
2
26 Section 53 (heading)
3
Repeal the heading, substitute:
4
53 Interest payable on postponed payments under a financial
5
arrangement
6
27 Subsection 53(1)
7
Omit "an agreement", substitute "a financial arrangement".
8
28 Paragraphs 53(3)(a) and (b)
9
Omit "agreement", substitute "financial arrangement".
10
29 Paragraph 53(3)(b)
11
Omit "member's call out day", substitute "start day of the member's
12
defence service".
13
30 Paragraph 53(4)(a)
14
Omit "agreement", substitute "financial arrangement".
15
31 Subsection 54(3)
16
Omit "member's call out day", substitute "start day of the member's
17
defence service".
18
32 Paragraph 56(2)(a)
19
Repeal the paragraph, substitute:
20
(a) if the liability arose under a financial arrangement--the terms
21
and conditions of the financial arrangement; and
22
33 Section 57
23
Omit "an agreement", substitute "a financial arrangement".
24
34 Paragraphs 57(a) and (b)
25
Omit "member's call out day", substitute "start day of the member's
26
defence service".
27
Reserve service Schedule 2
Scope of protections Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
17
35 Section 58 (heading)
1
Repeal the heading, substitute:
2
58 Instruments made on or after start day not affected
3
36 Paragraph 58(a)
4
Omit "an agreement", substitute "a financial arrangement".
5
37 Paragraph 58(a)
6
Omit "call out day", substitute "start day of the defence service".
7
38 Subsection 59(1)
8
Omit "an agreement", substitute "a financial arrangement".
9
39 Subsection 62(1)
10
Repeal the subsection, substitute:
11
(1) This Part applies (see Part 3) to:
12
(a) continuous full time service as a result of a call out; and
13
(b) continuous full time service that is operational service.
14
40 Subsection 62(2)
15
Omit "following a call out".
16
41 Subsection 63(1)
17
Omit "member's call out day for", substitute "start day of".
18
42 Subsection 65(2)
19
Omit "after being called out".
20
43 Application of amendments
21
The amendments made by this Division apply in relation to defence
22
service if the start day of the service occurs on or after the day this item
23
commences.
24
Schedule 2 Reserve service
Part 1 Scope of protections
18
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Division 3
--Definition of defence service
1
Defence Reserve Service (Protection) Act 2001
2
44 Section 7 (definition of defence service)
3
Omit "in a part", substitute "as a member".
4
Reserve service Schedule 2
Enforcement and remedies Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
19
Part 2--Enforcement and remedies
1
Division 1
--Main amendments
2
Defence Reserve Service (Protection) Act 2001
3
45 Section 7
4
Insert:
5
civil penalty provision has the same meaning as in the Regulatory
6
Powers Act.
7
46 Subsection 14(3)
8
Repeal the subsection, substitute:
9
(3) A breach of the Part may be a criminal offence or result in a civil
10
penalty. Breaches can also be redressed by other civil means: see
11
Part 11.
12
47 Subsection 15(2) (penalty)
13
Omit "for contravention of this subsection".
14
48 At the end of section 15
15
Add:
16
(3) A person who contravenes subsection (1) is liable to a civil
17
penalty.
18
Civil penalty:
100 penalty units.
19
49 Subsection 16(3) (penalty)
20
Omit "for contravention of this subsection".
21
50 At the end of section 16
22
Add:
23
(4) A person who contravenes subsection (1) is liable to a civil
24
penalty.
25
Civil penalty:
100 penalty units.
26
Schedule 2 Reserve service
Part 2 Enforcement and remedies
20
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
51 Subsection 17(2) (penalty)
1
Omit "for contravention of this subsection".
2
52 At the end of section 17
3
Add:
4
(3) A person who contravenes subsection (1) is liable to a civil
5
penalty.
6
Civil penalty:
100 penalty units.
7
53 Subsection 18(4) (penalty)
8
Omit "for contravention of this subsection".
9
54 At the end of section 18
10
Add:
11
(5) A person who contravenes subsection (1) or (2) is liable to a civil
12
penalty.
13
Civil penalty:
100 penalty units.
14
55 Subsection 19(2) (penalty)
15
Omit "for contravention of this subsection".
16
56 At the end of section 19
17
Add:
18
(3) A person who contravenes subsection (1) is liable to a civil
19
penalty.
20
Civil penalty:
100 penalty units.
21
57 Subsection 20(2) (penalty)
22
Omit "for contravention of this subsection".
23
58 At the end of section 20
24
Add:
25
(3) A person who contravenes subsection (1) is liable to a civil
26
penalty.
27
Reserve service Schedule 2
Enforcement and remedies Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
21
Civil penalty:
100 penalty units.
1
59 Subsection 21(3) (penalty)
2
Omit "for contravention of this subsection".
3
60 At the end of section 21
4
Add:
5
(4) A person who contravenes subsection (1) is liable to a civil
6
penalty.
7
Civil penalty:
100 penalty units.
8
61 Subsection 22(2) (penalty)
9
Omit "for contravention of this subsection".
10
62 At the end of section 22
11
Add:
12
(3) A person who contravenes subsection (1) is liable to a civil
13
penalty.
14
Civil penalty:
100 penalty units.
15
63 Subsection 23(3) (penalty)
16
Omit "for contravention of this subsection".
17
64 At the end of section 23
18
Add:
19
(4) A person who contravenes subsection (1) is liable to a civil
20
penalty.
21
Civil penalty:
100 penalty units.
22
65 Before Division 1 of Part 11
23
Insert:
24
Schedule 2 Reserve service
Part 2 Enforcement and remedies
22
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Division 1A--Overview of Part
1
72A Overview of Part
2
(1) The regulations may provide for processes for making and
3
investigating complaints about contraventions of this Act, and for
4
mediating disputes under this Act.
5
(2) A person who suffers loss or damage because of a contravention of
6
this Act may recover the amount of the loss or damage from the
7
person who contravened this Act.
8
(3) A court that finds a person guilty of an offence against this Act in
9
relation to another person may order the guilty person to pay
10
compensation to the other person.
11
(4) An interested person may apply to a court for the following in
12
relation to a contravention of this Act:
13
(a) an injunction under the Regulatory Powers Act;
14
(b) a declaratory or other order.
15
(5) A person prescribed by the regulations may apply to a court for a
16
civil penalty order under the Regulatory Powers Act for a
17
contravention of Part 4 of this Act (protection against
18
discrimination).
19
Division 1B--Complaints and mediation
20
72B Complaints and mediation
21
(1) The regulations may provide in relation to processes for any of the
22
following:
23
(a) making and investigating complaints about alleged
24
contraventions of this Act;
25
(b) mediating disputes between persons whose interests are
26
affected by this Act.
27
(2) This Division does not limit the other Divisions of this Part.
28
66 At the end of subsection 73(1)
29
Add "or a civil penalty order has not been made against the person (if
30
the provision is a civil penalty provision)".
31
Reserve service Schedule 2
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23
67 Subsection 73(3)
1
Omit "3 years", substitute "4 years".
2
68 Subsection 74(1)
3
Repeal the subsection, substitute:
4
(1) A court that:
5
(a) finds a person guilty of an offence against this Act in relation
6
to another person (whether or not the court imposes a
7
penalty); or
8
(b) makes a civil penalty order (within the meaning of the
9
Regulatory Powers Act) against a person for contravening a
10
civil penalty provision of this Act in relation to another
11
person;
12
may order the first person to pay the other person such
13
compensation as the court thinks reasonable.
14
69 At the end of Part 11
15
Add:
16
Division 3--Civil penalties
17
76A Civil penalty provisions
18
Enforceable civil penalty provisions
19
(1) Each civil penalty provision of this Act is enforceable under Part 4
20
of the Regulatory Powers Act.
21
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
22
be enforced by obtaining an order for a person to pay a pecuniary
23
penalty for the contravention of the provision.
24
Authorised applicant
25
(2) For the purposes of Part 4 of the Regulatory Powers Act, a person
26
prescribed by the regulations for the purposes of this subsection is
27
an authorised applicant in relation to the civil penalty provisions of
28
this Act.
29
Schedule 2 Reserve service
Part 2 Enforcement and remedies
24
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Relevant court
1
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
2
the following courts is a relevant court in relation to the civil
3
penalty provisions of this Act:
4
(a) all State and Territory courts (including courts of summary
5
jurisdiction), so far as their jurisdiction extends to the matter;
6
(b) the Federal Court of Australia or the Federal Circuit Court of
7
Australia.
8
Extension to external Territories
9
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to the
10
civil penalty provisions of this Act, extends to every external
11
Territory.
12
Division 4--Victimisation
13
76B Victimisation
14
(1) A person must not subject, or threaten to subject, another person to
15
any detriment for the reason that, or for reasons that include the
16
reason that, the other person:
17
(a) has made, or proposes to make, a complaint under regulations
18
made for the purposes of paragraph 72B(1)(a); or
19
(b) has given, or proposes to give, any information, or has
20
produced, or proposes to produce, any documents to a person
21
exercising or performing any power or function under
22
regulations made for the purposes of that paragraph; or
23
(c) has brought, or proposes to bring, proceedings under
24
Division 1 or 2 of this Part against any person.
25
(2) A person who contravenes subsection (1) commits an offence.
26
Penalty: 30 penalty units.
27
(3) A person who contravenes subsection (1) is liable to a civil
28
penalty.
29
Civil penalty:
100 penalty units.
30
Reserve service Schedule 2
Enforcement and remedies Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
25
70 After section 78
1
Insert:
2
78A Physical elements of offences
3
(1) This section applies if a provision of this Act provides that a person
4
contravening another provision of this Act (the conduct provision)
5
commits an offence.
6
(2) For the purposes of applying Chapter 2 of the Criminal Code to the
7
offence, the physical elements of the offence are set out in the
8
conduct provision.
9
Note:
Chapter 2 of the Criminal Code sets out general principles of criminal
10
responsibility.
11
78B Contravening an offence provision or a civil penalty provision
12
(1) This section applies if a provision of this Act provides that a person
13
contravening another provision of this Act (the conduct provision)
14
commits an offence or is liable to a civil penalty.
15
(2) For the purposes of this Act, and the Regulatory Powers Act to the
16
extent that it relates to this Act, a reference to a contravention of an
17
offence provision or a civil penalty provision includes a reference
18
to a contravention of the conduct provision.
19
71 Subsection 81(2)
20
Repeal the subsection, substitute:
21
(2) Without limiting subsection (1), the regulations may:
22
(a) prescribe penalties, not exceeding 50 penalty units, for
23
offences against the regulations; or
24
(b) prescribe civil penalties, not exceeding 60 penalty units, for
25
contraventions of the regulations.
26
72 Application of amendments
27
(1)
The amendments made by items 46 to 64 of this Schedule apply to
28
conduct occurring on or after the commencement of this item.
29
Schedule 2 Reserve service
Part 2 Enforcement and remedies
26
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(2)
The amendment made by item 67 of this Schedule applies in relation to
1
an action for a contravention of this Act if the contravention occurred
2
on or after the commencement of this item.
3
(3)
Division 4 of Part 11 of the Defence Reserve Service (Protection) Act
4
2001, as added by this Division, applies in relation to:
5
(a) subjecting a person to a detriment on or after the
6
commencement of this item; or
7
(b) threatening, on or after that commencement, to subject a
8
person to a detriment;
9
whether:
10
(c) the relevant complaint is made, information is given,
11
documents are produced or proceedings are brought before,
12
on or after that commencement; or
13
(d) the proposal to do any of those things is made before, on or
14
after that commencement;
15
whichever is applicable.
16
(4)
For the purposes of Division 4 of that Part and subitem (3) of this item:
17
(a) a complaint made under the regulations made under the
18
Defence Reserve Service (Protection) Act 2001 before the
19
commencement of this item is taken, from that
20
commencement, to have been made under regulations made
21
for the purposes of paragraph 72B(1)(a) of that Act, as
22
inserted by this Division; and
23
(b) a person who, before that commencement, exercised or
24
performed any power or functions under the regulations in
25
relation to such a complaint is taken, from that
26
commencement, to have exercised or performed the power or
27
functions under regulations made for the purposes of that
28
paragraph.
29
Division 2
--Amendments contingent on the Regulatory
30
Powers (Standardisation Reform) Act 2017
31
Defence Reserve Service (Protection) Act 2001
32
73 Section 7
33
Insert:
34
Reserve service Schedule 2
Enforcement and remedies Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
27
Regulatory Powers Act means the Regulatory Powers (Standard
1
Provisions) Act 2014.
2
Regulatory Powers (Standardisation Reform) Act 2017
3
74 Item 1 of Schedule 6
4
Repeal the item.
5
Schedule 2 Reserve service
Part 3 Discrimination and harassment
28
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Part 3--Discrimination and harassment
1
Defence Reserve Service (Protection) Act 2001
2
75 Section 7
3
Insert:
4
harass has a meaning affected by subsection 23A(3).
5
protected co-worker has the meaning given by subsection 23A(5).
6
protected worker has the meaning given by subsection 23A(4).
7
76 After subsection 14(2)
8
Insert:
9
(2A) It is also unlawful for a person to harass a worker, partner or
10
co-worker of the person on that ground.
11
77 After section 18
12
Insert:
13
18A Dissolving partnership etc.
14
(1) A person who is a partner in a partnership must not, for a
15
prohibited reason relating to another partner in the partnership, or
16
for reasons that include a prohibited reason relating to another
17
partner, do or threaten to do any of the following:
18
(a) dissolve the partnership;
19
(b) expel the other partner from the partnership;
20
(c) require the other partner to forfeit his or her share in the
21
partnership;
22
(d) subject the other partner to any other detriment concerning
23
the partnership.
24
(2) Conduct mentioned in subsection (1) is for a prohibited reason in
25
relation to another partner if it is engaged in because the other
26
partner:
27
(a) may volunteer to render defence service; or
28
(b) is rendering defence service; or
29
Reserve service Schedule 2
Discrimination and harassment Part 3
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
29
(c) is, or may become, liable to render defence service; or
1
(d) has previously rendered defence service.
2
(3) A person who contravenes subsection (1) commits an offence.
3
Penalty: 30 penalty units.
4
(4) A person who contravenes subsection (1) is liable to a civil
5
penalty.
6
Civil penalty:
100 penalty units.
7
78 At the end of Part 4
8
Add:
9
Division 6--Harassment
10
23A Harassment
11
(1) A person must not, for a prohibited reason, or for reasons that
12
include a prohibited reason, harass another person if the other
13
person is:
14
(a) a protected worker of the person; or
15
(b) a partner in a partnership in which the person is also a
16
partner; or
17
(c) a protected co-worker of the person.
18
(2) Conduct mentioned in subsection (1) is for a prohibited reason if it
19
is engaged in because the other person:
20
(a) may volunteer to render defence service; or
21
(b) is rendering defence service; or
22
(c) is, or may become, liable to render defence service; or
23
(d) has previously rendered defence service.
24
(3) Harass includes abuse or bully.
25
(4) Each of the following is a protected worker of a person:
26
(a) an employee of the person;
27
(b) a commission agent or contractor of the person;
28
(c) a person who is seeking to become an employee, partner,
29
commission agent or contractor of the person;
30
Schedule 2 Reserve service
Part 3 Discrimination and harassment
30
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(d) an officer or employee of:
1
(i) a commission agent or contractor of the person; or
2
(ii) a person who is seeking to become a commission agent
3
or contractor of the person.
4
(5) A person is a protected co-worker of another person if:
5
(a) the first person is an employee, commission agent or
6
contractor of a third person; and
7
(b) the other person is an employee, commission agent or
8
contractor of:
9
(i) the third person; or
10
(ii) a different person, if the first person and the other
11
person work together in performing the duties of their
12
respective employments, commission agencies or
13
contracts.
14
Penalties
15
(6) A person who contravenes subsection (1) commits an offence.
16
Penalty: 30 penalty units.
17
(7) A person who contravenes subsection (1) is liable to a civil
18
penalty.
19
Civil penalty:
100 penalty units.
20
23B Obligations of employers etc.
21
(1) A person is liable to a civil penalty if:
22
(a) an employee, commission agent or contractor of the person
23
harasses a third person for a prohibited reason, or for reasons
24
that include a prohibited reason; and
25
(b) the third person is a protected co-worker of the employee,
26
commission agent or contractor because of that employment,
27
commission agency or contract.
28
Civil penalty:
100 penalty units.
29
(2) Conduct mentioned in paragraph (1)(a) is for a prohibited reason if
30
it is engaged in because the third person:
31
(a) may volunteer to render defence service; or
32
Reserve service Schedule 2
Discrimination and harassment Part 3
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
31
(b) is rendering defence service; or
1
(c) is, or may become, liable to render defence service; or
2
(d) has previously rendered defence service.
3
(3) Subsection (1) does not apply if the first person takes all
4
reasonable steps to ensure that his or her employees, commission
5
agents and contractors do not harass protected co-workers for
6
prohibited reasons.
7
Note:
A person who wishes to rely on subsection (3) in proceedings for a
8
civil penalty order bears an evidential burden in relation to the matter
9
in that subsection: see section 96 of the Regulatory Powers Act.
10
Schedule 2 Reserve service
Part 4 Employment protection
32
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Part 4--Employment protection
1
Defence Reserve Service (Protection) Act 2001
2
79 Section 7 (definition of absent on defence service)
3
Omit "section 8", substitute "section 24A and subsections 28(3) and
4
(4)".
5
80 Section 8
6
Repeal the section.
7
81 Subsection 10(1) (definition of contract of employment)
8
Repeal the definition, substitute:
9
contract of employment includes:
10
(a) a contract of apprenticeship; and
11
(b) an arrangement under which a person is employed.
12
Note:
For employment, see section 7.
13
82 Division 1 of Part 5 (heading)
14
Repeal the heading, substitute:
15
Division 1--Preliminary
16
83 At the end of Division 1 of Part 5
17
Add:
18
24A Meaning of absent on defence service
19
A member who is employed before starting to render defence
20
service is absent on defence service during any of the following
21
periods:
22
(a) any period during which the member is travelling from his or
23
her residence to the place at which he or she is required to
24
report for defence service;
25
(b) any period while he or she is rendering defence service;
26
Reserve service Schedule 2
Employment protection Part 4
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
33
(c) the period (if any) starting immediately after he or she ceases
1
to render that service and ending (subject to
2
subsections 28(3) and (4)) immediately before the earlier of
3
the following times:
4
(i) when the member resumes work (including under
5
Division 3 of this Part) or is reinstated in employment
6
under that Division;
7
(ii) if the member does not apply to resume work, or to be
8
reinstated in employment, under section 27--30 days
9
after the member ceases to render that service.
10
84 Division 2 of Part 5 (heading)
11
Repeal the heading, substitute:
12
Division 2--Entitlement to be absent during defence
13
service
14
85 Subsection 25(1)
15
Omit ", or other arrangement,".
16
86 Division 3 of Part 5 (heading)
17
Repeal the heading.
18
87 Section 26
19
Repeal the section, substitute:
20
26 Member entitled to be absent during defence service
21
(1) A member who is employed before being absent on defence
22
service is entitled to be absent from that employment while the
23
member is absent on defence service.
24
(2) A period during which the member is absent from that employment
25
while absent on defence service is taken not to be a period of
26
employment under the member's contract of employment unless
27
this Part provides otherwise.
28
(3) Subsection (2) does not apply to a period throughout which the
29
member is taking any type of paid or unpaid leave under the
30
Schedule 2 Reserve service
Part 4 Employment protection
34
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
member's contract of employment, as mentioned in
1
subsection 25(3).
2
(4) This section does not:
3
(a) affect the operation of section 25; or
4
(b) limit the ability of a contract of employment to allow a
5
person any type of paid or unpaid leave; or
6
(c) prevent the termination of a member's contract of
7
employment in accordance with law for a reason other than
8
an absence mentioned in subsection (1).
9
Note:
The protections in subsections (1) and (2) cease to apply 30 days after
10
the member ceases to render defence service if the member does not
11
apply to resume work under the contract of employment under
12
section 27 before then: see paragraph 24A(c).
13
88 Before section 27
14
Insert:
15
Division 3--Resuming work after defence service
16
89 Section 27 (heading)
17
Repeal the heading, substitute:
18
27 Applying to resume work after defence service
19
90 Subsection 27(1)
20
Omit "whose contract of employment is suspended under section 26
21
may apply to the employer to resume work under the contract",
22
substitute "who is absent from his or her employment while absent on
23
defence service may apply to the employer to resume work under the
24
member's contract of employment".
25
91 Subsection 27(3)
26
Omit "within", substitute "no later than".
27
92 Section 28 (heading)
28
Repeal the heading, substitute:
29
Reserve service Schedule 2
Employment protection Part 4
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
35
28 Employer must allow member to resume work
1
93 Paragraph 28(1)(a)
2
Omit "he or she started to render", substitute "the start of the member's
3
absence on".
4
94 At the end of section 28
5
Add:
6
(3) If paragraph (2)(a) applies, the member ceases to be absent on
7
defence service at the time the member was to have made himself
8
or herself available for work under the agreement mentioned in that
9
paragraph.
10
(4) If paragraph (2)(b) applies, the member ceases to be absent on
11
defence service:
12
(a) when the employer informs the member that it was not within
13
the employer's power to allow the resumption or
14
reinstatement, as mentioned in subparagraph (2)(b)(i); or
15
(b) if the member accepts the offer mentioned in
16
subparagraph (2)(b)(ii)--when the offered employment
17
starts; or
18
(c) if the member does not accept the offer--when the member
19
declines the offer, or 30 days after the employer makes the
20
offer, whichever occurs first.
21
95 At the end of Division 3 of Part 5
22
Add:
23
28A Other rights to resume work not affected
24
This Division does not limit any right of a member to resume work
25
or to be reinstated in employment under:
26
(a) a contract of employment; or
27
(b) any law other than this Division.
28
96 Subsection 30(2)
29
Before "service", insert "absence on defence".
30
Schedule 2 Reserve service
Part 4 Employment protection
36
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
97 Paragraphs 31(3)(a) and (c)
1
Omit "suspended contract of employment", substitute "contract of
2
employment with the old employer".
3
98 Subsection 61(5) (definition of preservation period)
4
After "absence on defence service", insert "(disregarding
5
paragraph 24A(c))".
6
99 Before section 77
7
Insert:
8
76C This Act does not limit other protections for members
9
This Act does not limit any protection that is afforded to a member,
10
or to a former member, under any other law.
11
100 Application of amendments
12
The amendments made by this Part (other than item 99) apply in
13
relation to an absence on defence service if the absence starts on or after
14
the commencement of this item.
15
Reserve service Schedule 2
Education protection Part 5
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
37
Part 5--Education protection
1
Defence Reserve Service (Protection) Act 2001
2
101 Subsection 3(7)
3
Omit "allows a member to re-enrol in, and resume, a course that the
4
member had to interrupt in order to undertake", substitute "requires an
5
education institution to make reasonable adjustments for a member who
6
undertakes".
7
102 Section 7
8
Insert:
9
reasonable adjustment has the meaning given by subsection 38(4).
10
103 Subsection 37(2)
11
Repeal the subsection, substitute:
12
(2) Essentially, the Part:
13
(a) requires a body administering an educational institution to
14
make reasonable adjustments required because a member
15
enrolled in a course at the institution is rendering defence
16
service; and
17
(b) allows a member to re-enrol in, and resume, a course that was
18
interrupted because the member rendered defence service.
19
104 Section 38
20
Repeal the section, substitute:
21
38 Obligations of body administering education institution
22
(1) This section applies in relation to a member who is enrolled in a
23
course at an Australian education institution before starting to
24
render defence service.
25
(2) The body administering the education institution must make
26
reasonable adjustments to accommodate the member's defence
27
service.
28
Schedule 2 Reserve service
Part 5 Education protection
38
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(3) Without limiting subsection (2), the adjustments required by that
1
subsection could involve any of the following:
2
(a) not failing the member;
3
(b) recognising assessment or practical work undertaken by the
4
member before starting to render defence service;
5
(c) allowing the member to defer undertaking or completing
6
assessment or practical work;
7
(d) refunding or crediting fees paid by or for the member.
8
(4) An adjustment is a reasonable adjustment unless making the
9
adjustment would impose an unjustifiable hardship on the body
10
administering the education institution.
11
(5) In determining whether a hardship that would be imposed on the
12
body administering the education institution would be an
13
unjustifiable hardship, all relevant circumstances of the particular
14
case must be taken into account, including the following:
15
(a) the nature of the benefit or detriment likely to accrue to, or to
16
be suffered by, any person concerned;
17
(b) the financial circumstances of, and the estimated amount of
18
expenditure required to be made by, the body;
19
(c) the availability of financial and other assistance to the body.
20
(6) The burden of proving that something would impose unjustifiable
21
hardship lies on the person claiming unjustifiable hardship.
22
105 Section 39 (heading)
23
Repeal the heading, substitute:
24
39 Education institution must re-enrol member etc.
25
106 Before subsection 39(1)
26
Insert:
27
(1A) This section applies in relation to a member who:
28
(a) is enrolled in a course at an Australian education institution
29
during all or part of the period he or she is rendering defence
30
service; and
31
(b) does not complete the course before ceasing to render the
32
service; and
33
Reserve service Schedule 2
Education protection Part 5
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
39
(c) applies to re-enrol (if necessary) and to resume the course
1
within 30 days after ceasing to render the service.
2
107 At the end of section 39
3
Add:
4
(4) This section does not limit section 38.
5
Schedule 2 Reserve service
Part 6 Jurisdiction of courts
40
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Part 6--Jurisdiction of courts
1
Defence Reserve Service (Protection) Act 2001
2
108 At the end of paragraph 77(1)(b)
3
Add "or the Federal Circuit Court of Australia".
4
109 At the end of subsection 77(2)
5
Add "or the Federal Circuit Court of Australia".
6
Reserve service Schedule 2
Other provisions Part 7
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
41
Part 7--Other provisions
1
110 Acquisition of property
2
The amendments made by this Schedule do not apply to the extent (if
3
any) to which their operation would result in the acquisition of property
4
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
5
person otherwise than on just terms (within the meaning of that
6
paragraph).
7
Schedule 3 Australian Geospatial-Intelligence Organisation
42
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Schedule 3--Australian
1
Geospatial-Intelligence Organisation
2
3
Intelligence Services Act 2001
4
1 Section 3 (paragraph (a) of the definition of incidentally
5
obtained intelligence)
6
Omit "6B(a)", substitute "6B(1)(a)".
7
2 Section 3 (paragraph (b) of the definition of intelligence
8
information)
9
Omit "6B(a)", substitute "6B(1)(a)".
10
3 Section 6B
11
Before "The functions of AGO", insert "(1)".
12
4 Paragraphs 6B(a), (b) and (c)
13
After "geospatial", insert ", hydrographic, meteorological,
14
oceanographic".
15
5 Paragraph 6B(e)
16
Repeal the paragraph, substitute:
17
(e) to provide the following to persons and bodies mentioned in
18
subsection (2):
19
(i) imagery and other geospatial, hydrographic,
20
meteorological and oceanographic products, not being
21
intelligence obtained under paragraph (a), (b) or (c) of
22
this subsection;
23
(ii) assistance in relation to the production and use of
24
imagery and other geospatial, hydrographic,
25
meteorological and oceanographic products;
26
(iii) assistance in relation to the production and use of
27
imagery technologies and other geospatial,
28
hydrographic, meteorological and oceanographic
29
technologies; and
30
(ea) to provide to any persons or bodies (including
31
Commonwealth authorities and State authorities) assistance
32
Australian Geospatial-Intelligence Organisation Schedule 3
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
43
in relation to the performance by the persons or bodies of
1
emergency response functions, safety functions, scientific
2
research functions, economic development functions, cultural
3
functions and environmental protection functions, if:
4
(i) the provision of the assistance is incidental to the
5
performance by AGO of its other functions; or
6
(ii) the assistance is capable of being conveniently provided
7
by the use of resources that are not immediately
8
required in performing AGO's other functions; or
9
(iii) the assistance is capable of being conveniently provided
10
in the course of performing AGO's other functions; and
11
6 At the end of section 6B (before the note)
12
Add:
13
; and (h) the functions mentioned in subsection 223(2) of the
14
Navigation Act 2012 (to the extent they are not covered by
15
another paragraph of this subsection).
16
7 Section 6B (note)
17
After "Note", insert "1".
18
8 At the end of section 6B (after the note)
19
Add:
20
Note 2:
Subsection 223(2) of the Navigation Act 2012 deals with the functions
21
of the Australian Hydrographic Office, which is part of AGO (see
22
subsection (3) of this section).
23
(2) Paragraph (1)(e) applies to providing imagery and other products,
24
or assistance in relation to imagery and other products or
25
technologies, to the following:
26
(a) a Commonwealth authority;
27
(b) a State authority of a Territory;
28
(c) a foreign person or entity;
29
(d) any other person or body (including a State authority of a
30
State) if:
31
(i) the imagery and other products or technologies are for
32
use in, or incidental to, trade and commerce with other
33
countries, among the States, between Territories or
34
between a Territory and a State, or are for use outside
35
Australia; or
36
Schedule 3 Australian Geospatial-Intelligence Organisation
44
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(ii) the imagery and other products or assistance are
1
provided by way of postal, telegraphic, telephonic or
2
other like services.
3
Note:
For State authority, see section 3.
4
(3) The Australian Hydrographic Office mentioned in section 223 of
5
the Navigation Act 2012 is part of the AGO.
6
Fees
7
(4) AGO may, on behalf of the Commonwealth, charge a fee in
8
relation to anything done in performing AGO's functions under
9
paragraph (1)(e), (ea) or (h).
10
(5) A fee must not be such as to amount to taxation.
11
9 Paragraph 11(2)(c)
12
Omit "6B(a)", substitute "6B(1)(a)".
13
10 Paragraph 11(2)(e)
14
Omit "6B(e) and (f)", substitute "6B(1)(e), (ea), (f) and (h)".
15
11 Subsection 11(3)
16
Omit "6B(b), (c), (d), (e), (f) and (g),", substitute "6B(1)(b) to (h)".
17
Navigation Act 2012
18
12 Paragraph 161(6)(d)
19
Omit "Service", substitute "Office".
20
13 Division 5 of Part 6 of Chapter 6 (heading)
21
Repeal the heading, substitute:
22
Division 5--The Australian Hydrographic Office and
23
offences and civil penalties relating to taking a
24
vessel to sea without charts, etc.
25
14 Section 223 (heading)
26
Repeal the heading, substitute:
27
Australian Geospatial-Intelligence Organisation Schedule 3
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
45
223 Functions of the Australian Hydrographic Office
1
15 Subsections 223(1) and (2)
2
Omit "Service" (wherever occurring), substitute "Office".
3
Telecommunications Act 1997
4
16 Paragraph 47(2)(b) of Schedule 3A
5
Repeal the paragraph, substitute:
6
(b) that part of the Defence Department known as the Australian
7
Hydrographic Office;
8
Schedule 4 Australian Defence Force Cover Act 2015
Part 1 Medical discharge
46
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Schedule 4--Australian Defence Force Cover
1
Act 2015
2
Part 1--Medical discharge
3
Australian Defence Force Cover Act 2015
4
1 Section 4 (at the end of the definition of medically
5
discharged)
6
Add:
7
Note:
Under section 31A, a person is taken in certain circumstances to have
8
been medically discharged even though he or she ceased to be a
9
covered ADF member for a different reason.
10
2 Subsection 18(1)
11
After "must", insert ", unless subsection (2A) applies,".
12
3 After subsection 18(2)
13
Insert:
14
Determinations if section 31A applies
15
(2A) If section 31A applies to a person, CSC must, as soon as
16
reasonably practicable after the time CSC becomes satisfied as
17
mentioned in paragraph 31A(b) in relation to the person, determine
18
what was the percentage of the person's incapacity for civil
19
employment at the time of the person's medical discharge.
20
Note:
Under section 31A, a person is taken in certain circumstances to have
21
been medically discharged even though he or she ceased to be a
22
covered ADF member for a different reason.
23
(2B) If, because of the determination under subsection (2A), CSC
24
classifies the person as class A or class B under section 19, CSC
25
may, at the time it makes that determination, also determine what
26
was the percentage of the person's incapacity for civil employment
27
at any time or times that occurred after the person's medical
28
discharge.
29
Note:
For determining the person's incapacity at a time occurring after CSC
30
makes the determination under subsection (2A), see subsection (4).
31
Australian Defence Force Cover Act 2015 Schedule 4
Medical discharge Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
47
4 Before subsection 18(3)
1
Insert:
2
Determinations not required if pension not payable because of
3
Subdivision C
4
5 Subsection 18(3)
5
Omit "subsection (1)", substitute "subsections (1) to (2B)".
6
6 Subsection 18(4)
7
After "civil employment", insert "at that time".
8
7 Subsection 19(2)
9
Omit "subsection 18(4) (which deals with a discretionary
10
determination)", substitute "subsection 18(2B) or (4) (discretionary
11
determinations)".
12
8 Subsection 21(1)
13
After "this Subdivision", insert "(including a classification made under
14
section 19 because of a determination under subsection 18(2A))".
15
9 At the end of subsection 21(1)
16
Add:
17
Note:
Subsection 18(2A) applies if a person is taken, under section 31A, to
18
have been medically discharged even though he or she ceased to be a
19
covered ADF member for a different reason.
20
10 Paragraph 21(2)(b)
21
Before "that earlier day", insert "on".
22
Note:
This item fixes a grammatical error.
23
11 After subsection 21(2)
24
Insert:
25
(2A) A classification made under section 19 because of a determination
26
under subsection 18(2B) of what was a person's incapacity for civil
27
employment at a particular time takes effect at that particular time.
28
Schedule 4 Australian Defence Force Cover Act 2015
Part 1 Medical discharge
48
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Note:
Subsection 18(2B) applies if a person is taken, under section 31A, to
1
have been medically discharged even though he or she ceased to be a
2
covered ADF member for a different reason.
3
12 Subsection 21(3)
4
Omit "or (2)", substitute ", (2) or (2A)".
5
13 Paragraph 21(3)(b)
6
Before "that later day", insert "on".
7
Note:
This item fixes a grammatical error.
8
14 Subsection 21(4)
9
Omit "of the person", substitute "of a person under this Subdivision,
10
except a classification described in subsection (5),".
11
15 At the end of section 21
12
Add:
13
(5) A classification of a person made under section 19 because of a
14
determination under subsection 18(2A) or (2B) ceases to have
15
effect when another classification of the person under this
16
Subdivision takes effect.
17
Note:
The other classification takes effect before it is made if
18
paragraph (2)(b) or subsection (2A) of this section applies.
19
16 At the end of Part 2
20
Add:
21
Division 6--Other provisions
22
31A Persons who could have been medically discharged
23
For the purposes of this Act, a person is taken to have been
24
medically discharged at a time because of a physical or mental
25
impairment if:
26
(a) the person ceased at that time to be a covered ADF member
27
other than because he or she was medically discharged; and
28
(b) CSC is later satisfied that, at that time, grounds existed on
29
which the person could have been medically discharged
30
because of the physical or mental impairment.
31
Australian Defence Force Cover Act 2015 Schedule 4
Medical discharge Part 1
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
49
Note:
A person affected by a decision of CSC under paragraph (b) may
1
request CSC to reconsider the decision under section 58.
2
17 Section 51
3
Before "If a", insert "(1)".
4
18 At the end of section 51
5
Add:
6
(2) This section does not apply if section 31A applies to the member.
7
Note:
Under section 31A, a person is taken in certain circumstances to have
8
been medically discharged even though he or she ceased to be a
9
covered ADF member for a different reason.
10
19 Application of amendments
11
The amendments made by this Part apply in relation to a person who
12
ceased or ceases to be a covered ADF member on or after 1 July 2016.
13
Schedule 4 Australian Defence Force Cover Act 2015
Part 2 Eligible children
50
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Part 2--Eligible children
1
Australian Defence Force Cover Act 2015
2
20 Subparagraph 5(1)(b)(ii)
3
Omit "subparagraph; and", substitute "subparagraph.".
4
21 Subparagraph 5(1)(b)(iii)
5
Repeal the subparagraph.
6
22 Subsection 10(1)
7
Omit "one or more eligible children of the invalid or member who are
8
wholly or substantially dependent on the spouse", substitute "the
9
eligible children of the invalid or member".
10
23 Subsection 10(2) (table, column headings)
11
Repeal the headings, substitute:
12
Item
Column 1
Number of eligible children of the
invalid or member
Column 2
Percentage
24 Section 15
13
Omit ", if there is no surviving spouse,".
14
25 Subsection 26(5) (heading)
15
Repeal the heading, substitute:
16
Increase in rate--eligible children
17
26 Subsection 26(5)
18
Omit "one or more eligible children of the invalid are wholly or
19
substantially dependent on the spouse", substitute "there are one or
20
more eligible children of the invalid".
21
27 Paragraphs 32(a) and (b)
22
Repeal the paragraphs, substitute:
23
Australian Defence Force Cover Act 2015 Schedule 4
Eligible children Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
51
(a)
the surviving spouse or eligible children of the member;
1
or
2
28 Paragraph 32(c)
3
Omit "dependent eligible children", substitute "eligible children".
4
29 Subsection 34(4) (heading)
5
Repeal the heading, substitute:
6
Increase in rate--eligible children
7
30 Subsection 34(4)
8
Omit "one or more eligible children of the covered ADF member are
9
wholly or substantially dependent on the spouse", substitute "there are
10
one or more eligible children of the covered ADF member".
11
31 Subsection 39(3)
12
After "equal the", insert "maximum".
13
32 At the end of section 39
14
Add:
15
Effect of death of surviving spouse
16
(5) If:
17
(a) a determination under this section relates to 2 or more
18
persons mentioned in paragraph (1)(a) or (b); and
19
(b) one of those persons dies;
20
the determination continues to apply in relation to the other person
21
or persons.
22
33 After subsection 41(2)
23
Insert:
24
(2A) Without limiting paragraphs (1)(b) and (2)(a), the person
25
mentioned in that paragraph may be:
26
(a) one of the eligible children; or
27
(b) another surviving spouse of the invalid or member.
28
Schedule 4 Australian Defence Force Cover Act 2015
Part 2 Eligible children
52
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
(2B) Without limiting when CSC may make a determination under
1
subsection (2), CSC must consider whether to make such a
2
determination in relation to a pension payable to a surviving spouse
3
if CSC becomes aware that one or more of the eligible children of
4
the invalid or member are not wholly or substantially dependent on
5
the surviving spouse.
6
34 Subsection 41(3)
7
Omit "affect", substitute "effect".
8
Note:
This item fixes a spelling error.
9
35 At the end of section 41
10
Add:
11
Effect of death of surviving spouse
12
(4) If CSC makes a determination under subsection (2) in relation to a
13
surviving spouse and one or more eligible children mentioned in
14
paragraph (1)(a), and the surviving spouse dies:
15
(a) a pension payable under the determination as mentioned in
16
paragraph (2)(a) ceases to be payable to the extent that it is
17
payable for the welfare of any of those eligible children who
18
were wholly or substantially dependent on the spouse
19
immediately before the spouse died; and
20
(b) a pension payable under the determination is not otherwise
21
affected by the death of the spouse; and
22
(c) if the sum of:
23
(i) the rate of any pension payable under the determination
24
after the death of the spouse; and
25
(ii) the rate of any pension (the dependants' pension)
26
payable to or for one or more eligible children because
27
of the death of the surviving spouse;
28
would otherwise exceed the maximum rate of the pension
29
that could be payable because of the death of the surviving
30
spouse (i.e. the rate that would be payable if the maximum
31
eligible children pension percentage applied)--the rate of the
32
dependants' pension is reduced by the amount of the excess.
33
36 Subsection 42(3)
34
Omit "affect", substitute "effect".
35
Australian Defence Force Cover Act 2015 Schedule 4
Eligible children Part 2
No. , 2017
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
53
Note:
This item fixes a spelling error.
1
37 Application of amendments
2
The amendments made by this Part apply, and are taken to have applied,
3
on and after 1 July 2016.
4
Schedule 4 Australian Defence Force Cover Act 2015
Part 3 Other amendments
54
Defence Legislation Amendment (2017 Measures No. 1) Bill 2017
No. , 2017
Part 3--Other amendments
1
Australian Defence Force Cover Act 2015
2
38 Paragraph 58(2)(a)
3
Repeal the paragraph, substitute:
4
(a) be made in writing; and
5
(aa) be given to CSC within:
6
(i) 30 days after CSC gives notice of the decision to the
7
person; or
8
(ii) such further period as CSC, in special circumstances,
9
allows; and
10
39 Application of amendments
11
The amendment made by this Part applies in relation to a decision of
12
CSC made on or after the commencement of this item.
13
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