Document ID: chunk:federal_register_of_legislation:C2004A02555:body:0:p16
Version: federal_register_of_legislation:C2004A02555
Segment Type: other
Provision Reference: 
Character Range: 36920–39517

definition of "visiting force" in sub-section (1); and
      (c) by omitting from paragraph (3) (b) ", with the approval of the Minister,".

Countries in relation to which provisions of this Act apply or may be applied
14. Section 6 of the Principal Act is amended by omitting from sub-section (2) "(except sub-section (2) of section 25)".

Repeal of Parts III and IV
15. Parts III and IV of the Principal Act are repealed.

Proof of facts by certificate
16. Section 27 of the Principal Act is amended by omitting sub-section (2).

Delegation of powers and functions
17. (1) Section 28 of the Principal Act is amended—
      (a) by inserting in sub-section (1) "all or" after "delegate";
      (b) by inserting in sub-section (3) "all or" after "Force"; and
      (c) by omitting sub-section (4) and substituting the following sub-section:
     "(4) A chief of staff shall not delegate his power to make general orders for the purposes of sub-section (7) of section 8 except to an officer who holds a rank not below the rank of Rear-Admiral in the Australian Navy, Major-General in the Australian Army or Air Vice-Marshal in the Australian Air Force.".
(2) Where, before the commencement of this section, the Attorney-General or a chief of staff purported to delegate all of his powers or functions under the Principal Act, the purported delegation shall be deemed to have been, and to be, as valid and effectual as it would have been if the amendment of sub-sections 28 (1) and (3) of the Principal Act made by sub-section (1) had been in force at the time the purported delegation was made.

Transitional
18. (1) Notwithstanding the repeal of Parts III and IV of the Defence (Visiting Forces) Act 1963 by this Act, appointments, authorizations, declarations, delegations, designations, orders, regulations, requests and warrants in force at the commencement of this Part under or for the purposes of provisions of that Act so repealed continue in force as if made under or for the purposes of the corresponding provisions of the Defence Act 1903 as amended by this Act.
(2) Where, at the commencement of this Part, a person was in custody under section 20 of the Defence (Visiting Forces) Act 1963, that Act continues to apply to him, in relation to that custody, as if Part III of that Act had not been repealed.

NOTES
 1. No. 20, 1903, as amended, For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50. 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939: No.