Document ID: chunk:federal_register_of_legislation:C2025C00176:section:124:p4
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 124 (pt 4/6)
Character Range: 439120–441713

58H of this Act or under section 24 of the Public Service Act 1999.
Note: In addition, section 14 of the Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B as in force at a particular time or from time to time.
 (1AA) Regulations under subsection (1) may make provision in relation to:
 (a) the appointment or reappointment of a member; or
 (b) the enlistment or re‑enlistment of a member; or
 (c) the service of a member;
on the basis that, after a specified time or on a specified event occurring, the member may or must transfer to a different arm, or part of an arm, of the Defence Force, or in relation to other similar arrangements.
Example: The regulations might allow for a soldier to enlist for a total of 8 years, with the first 4 years to be served in the Regular Army and the last 4 years in the Army Reserve, or vice versa, or any other combination of service.
 (1AB) Subsection (1AA) does not limit the scope of subsection (1).
 (1B) In paragraphs (1)(b), (c), (e) and (i), member and member of the family have the same respective meanings as in Part IIIA.
 (1C) In paragraph (1)(i), medical or dental treatment includes the provision of services or goods (including pharmaceuticals) related to medical or dental treatment.
 (2) The regulations may make provision for or in relation to the certification or proof of the death:
 (a) of a member of the Defence Force who died, or is presumed to have died, while on service; and
 (b) of a person, not being a member of the Defence Force, who died, or is presumed to have died, while in the hands of an enemy or in other circumstances which make proof of death difficult, being circumstances arising out of:
 (i) a war in which Australia has been or is engaged;
 (ii) the war‑like operations in Korea after 26 June 1950, or in Malaya after 28 June 1950; or
 (iii) such other war or war‑like operations as are prescribed.
 (2A) Subject to subsection (2B), the power to make regulations by virtue of paragraph (1)(gc) includes the power to make regulations requiring a person appearing as a witness before an inquiry to answer a question notwithstanding that the answer to the question may tend to incriminate the person.
 (2AA) Subject to subsection (2B), the power to make regulations for the purposes of paragraph (1)(h) includes the power to make regulations requiring a person appearing as