Document ID: chunk:federal_register_of_legislation:C2024C00861:section:3:p8
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 3 (pt 8/10)
Character Range: 40249–42711

(3) A reference in this Act to an arm of the Defence Force shall be read as a reference to the Australian Navy, the Australian Army or the Australian Air Force, as the case may be.
 (3A) Before the Governor‑General makes a regulation prescribing a provision of a law for the purposes of paragraph (e) of the definition of ancillary Territory offence in subsection (1), the Minister must be satisfied that the provision is equivalent to, or has the same effect as, a provision referred to in paragraph (c) or (d) of that definition.
 (4) For the purposes of subparagraph (b)(ii) of the definition of defence member in subsection (1):
 (a) a member of the Reserves is taken to be on duty from the time appointed for him or her to report to, or to attend at, a specified place for any naval, military or air force service that he or she is required to render by or under the Defence Act 1903 until he or she is released or discharged from that service; and
 (b) a member of the Reserves is taken to be on duty while acting, or purporting to act, in his or her capacity as a member of the Reserves.
 (5) A member of the Defence Force who is serving in a rank or grade to which the member has not been duly appointed or promoted shall, while so serving in that rank or grade, be deemed, for the purposes of this Act, to hold that rank or grade.
 (6) A member of the Defence Force who holds a rank temporarily (however described) shall, while so holding that rank, be deemed, for the purposes of this Act, to hold that rank.
 (7) For the purposes of this Act, a person's membership of the Defence Force is not affected by reason only of the person's attachment to, or allotment for duty with:
 (a) the armed forces of another country;
 (b) a force raised or organized by the United Nations or another international body; or
 (c) a Peacekeeping Force within the meaning of Part IV of the Veterans' Entitlements Act 1986.
 (8) For the purposes of this Act, a comparison of the severity of a combination of punishments with that of a single punishment or of another combination of punishments shall be made as follows:
 (a) any punishment on one side of the comparison that is the same as a punishment on the other side of the comparison shall be disregarded;
 (b) if, after the operation of paragraph (a), 2 or more punishments remain for consideration on either side of the comparison, regard shall be had only to the more severe, or the most severe, of the punishments