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Defence Legislation Amendment Act 1992

No. 91 of 1992

 An Act to amend legislation relating to defence, and for related purposes

[Assented to 30 June 1992]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Defence Legislation Amendment Act 1992.

Commencement

2.(1) The provisions of this Act, other than sections 13 and 14, commence on the day on which this Act receives the Royal Assent.

(2) Sections 13 and 14 commence on a day to be fixed by Proclamation.

(3) If sections 13 and 14 do not commence within the period of 6 months commencing on the day on which this Act receives the Royal Assent, they commence at the end of that period.

PART 2—AMENDMENTS OF THE DEFENCE ACT 1903

Principal Act

  3. In this Part, "Principal Act" means the Defence Act 19031.

Interpretation

  4. Section 4 of the Principal Act is amended:

   (a) by inserting in subsection (1) the following definitions:

     " 'AAT' means the Administrative Appeals Tribunal;

     'AAT Act' means the Administrative Appeals Tribunal Act 1975;

     'Conscientious Objection Tribunal' means a Conscientious Objection Tribunal established under section 61CF;

     'exemption from service because of conscientious beliefs' means exemption from service under paragraph 61A(1)(h) or (i) or exemption from combatant duties under subsection 61A(1A);

     'Federal Court' means the Federal Court of Australia;";

   (b) by inserting at the end the following subsection:

     "(3) For the purposes of Part IV, a person is taken to have a conscientious belief in relation to a matter if the person's belief in respect of that matter:

         (a)     involves a fundamental conviction of what is morally right and morally wrong, whether or not based on religious considerations; and

         (b)     is so compelling in character for that person that he or she is duty bound to espouse it; and

       (c)     is likely to be of a long standing nature.".

Insertion of heading

5. Before section 59 there is inserted in Part IV the following heading:

"Division 1—Liability to serve".

Persons liable to serve in Defence Force in time of war

  6. Section 59 of the Principal Act is amended:

   (a)     by omitting "male";

   (b)    by adding at the end of paragraph (a) "and";

   (c)     by omitting paragraph (b).

Proclamation calling upon persons to serve in time of war

7. Section 60 of the Principal Act is amended by omitting subsections (2), (3), (4) and (5) and substituting the following subsections:

"(2) A Proclamation under this section must call on persons in the order in which they are included in classes established for the purposes of this subsection under subsection (3).

"(3) The regulations may establish a series of classes of persons for the purposes of subsection (2).

"(4)