Defence Act

1903 to 1973 as amended up to Act 216 dated 1973

“Active Forces“-lncludes all parts of the Defence Force other than the Reserve Forces.

“Active Service“-ln relation to a person subject to military law, means the service rendered by that person-

(a) when he is attached to or forms part of a force which(i) is engaged in operations against an enemy;

• is engaged in military operations in a country or place wholly or partly occupied by an enemy; or
• is in military occupation of a foreign country; or

(b) during a period or in an area in respect of which the Governor-General, by notice in the Gazette, declares that the force to which he is attached or of which he forms part is, or persons serving during that period or in that area are, on active service.

“This Act“-lncludes all regulations made under this Act.

“Time of Defence Emergency“-Means the period between the publication of a proclamation declaring that a state of defence emergency exists in relation to Australia and the publication of a proclamation that that state of defence emergency no longer exists.

“Time of War“-Means any time during which a state of war actually exists, and includes the time between the issue of a proclamation of the existence of war or of danger thereof and the issue of a proclamation declaring that the war or danger thereof, declared in the prior proclamation, no longer exists. *

“War‘ ‘-Means any invasion or apprehended invasion of, or attack or apprehended attack on, the Commonwealth or any Territory by an enemy or armed force.

“War Service“-Means active service, any naval, military or air-force service in time of war, and any naval, military or air-force between the issue of a proclamation declaring that by reason of the recent existence of a time of war it is necessary in the public interest that the Military Forces should be temporarily subject to the Army Act, and the issue of a proclamation declaring that such necessity no longer exists.

Permanent Military Forces.

Repealed by No. 30, 1910, s. 4; inserted by No. 92, 1964, s. 15.

32. (1) The Permanent Military Forces consist of four forces, namely, the Australian Regular Army, the Regular Army Supplement, the Regular Army Emergency Reserve and the Regular Army Reserve.

• The Australian Regular Army consists of officers appointed to, and of soldiers enlisted in, that force.

Substituted by No. 51, 1965, s. 7.

• The Regular Army Supplement consists of-
• officers appointed to, and soldiers enlisted in, that force;
• soldiers who, under the National Service Act 1951-1965, are to be deemed to have been enlisted in that force; and
• officers transferred to that force from any other part of the Permanent Military Forces or from the Citizen Military Forces.
• The Regular Army Emergency Reserve consists of soldiers enlisted in that force and of such officers as are appointed to that force or transferred to that force from any other part of the Permanent Military Forces or from the Citizen Military Forces.

Substituted by No. 51, 1965, s. 7.

• The Regular Army Reserve consists of(a) soldiers enlisted in that force;
• soldiers who, under the National Service Act 1951-1965, are to be deemed to have been enlisted in that force; and
• such officers as are appointed to that force or transferred to that force from any other part of the Permanent Military Forces.