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2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
DEFENCE LEGISLATION AMENDMENT (ENHANCEMENT
OF THE RESERVES AND MODERNISATION) BILL
2000
EXPLANATORY
MEMORANDUM
(Circulated by the authority of
the Minister for Veterans’ Affairs,
the Hon.
Bruce Scott
MP)
ISBN: 0642 453810
Defence Legislation Amendment (Enhancement
of the Reserves and Modernisation) Bill 2000
This Bill will add new provisions to the
Defence Act 1903 to enable the call out of members of the Reserve Forces
in circumstances less than in the defence of Australia. It will also amend the
Defence Act 1903 and other legislation to modernise the organisation and
structure of the Reserve.
The amendments in this Bill will have no significant
financial impact. They are part of a package to revitalise the structure and
organisation of the Australian Defence Force.
Defence Legislation
Amendment
(Enhancement of the Reserves and
Modernisation) Bill 2000
Clause 1 - Short
title
1. Formal.
Clause
2 - Commencement
1. This clause provides for
the commencement of the Act on the 28th day after the day on which it
receives Royal Assent. Items 12 to15, 19, 27 to 31, 67, 68 and 75 to 71
contained in Schedule 2 commence on a day or days to be fixed by Proclamation.
If one of these provisions does not commence within 12 months beginning on the
day on which the Act receives Royal Assent, it commences on the first day after
the end of that period.
2. Schedule 3 of the Act
commences at the same time as the Defence Reservve Service (Protection) Act
2000.
3. Schedule 4 commences on the day on which
the Act receives Royal Assent.
4. Clause 3
provides that each Act mentioned in a Schedule to the Act is amended or repealed
as set out in the items in the Schedule.
• Required or permitted by the Act to be
prescribed;
• Necessary or convenient for
carrying out or giving effect to the Act.
6.
Schedule 1 provides for the Calling out of the Reserves. It repeals
sections 50D, 50E, 50F and 50G of the Defence Act 1903 and substitutes
new sections 50D and 50E.
7. New subsection
50D(1) provides for the calling out of the Reserves. The Governor-General may,
by written notice in the Gazette, call out the Reserves or one or more of a
specified part or parts of the Reserve, a specified class or classes of members
of the Reserves or a specified member or members of the Reserve, for continuous
full time service.
8. Some examples of
circumstances of a call out are provided for in new subsection 50D(2). The
Governor-General may publish a notice in the Gazette which outlines, but does
not limit, the circumstances in which the Governor-General may call out under
subsection (1). These include, war, defence emergency, defence preparation ,
peacekeeping, peace enforcement, civil aid, humanitarian assitance or disaster
relief.
9. New subsection 50D(3) provides that in
making or revoking a call out notice, the Governor-General is to act with the
advice of the Executive Council or if, after the Minister has consulted the
Prime Minister, the Minister is satisfied that there are reasons of urgency, the
Governor-General should act on the advice of the Minister alone.
10. New subsection 50D(4) provides that a call
out notice takes effect on the day specified in the notice or if no day is
specified, on a day which is published in the
Gazette.
11. Subsection 50D(5) provides that a
revocation of an order takes effect on the day specified in the revocation or if
no day is specified, then the day on which the revocation is published in the
Gazette.
12. Subsection 50D(6) makes it clear
that if an order is revoked the call out under that order
ends.
13. Subsection 50D(7) provides that even if
an order has been published in relation to particular circumstances does not
prevent further orders being published under the section in relation to the same
circumstances.
14. Section 50E provides for the
direction by the Chief of the Defence Force or a service chief (Chief of Navy,
Chief of Army or Chief of Air Force) in relation to a call out notice.
15. Subsection 50E(1) provides that a member of
the Reserves who is covered by a call out notice under new section 50D is bound
to render the period of continuous full time naval, military or air force
service that the Chief of the Defence Force or a service chief directs in
relation to member.
16. Subsection 50E(2)
provides that the direction may apply to the member specifically, by reference
to a part or class of the Reserves that includes the member or by reference to
the Reserves as a whole.
17. Subsection 50E(2)
provides for the length of a period of service that is specified in a direction
under subsection (1). The period of service must start on the day on which the
relevant call out notice takes effect and it may also be indefinite or limited.
A direction has no effect however, if it specifies a period of service after the
day on which the call out notice ends.
18.
Subsection 50E(3) provides that the period of service specified in a direction
under subsection (1) must start on the day on which the relevant call out order
takes effect, but it may be limited or indefinite. A direction has no effect to
the extent that it specifies a period of service after the day on which the call
out under the order ends.
19. Subsection 50E(4)
provides that a direction under the section must be in
writing.
20. Subsection 50E(5) provides that the
fact that a direction has been given in relation to a notice under section 50D
does not prevent further directions being given in relation to the same
notice.
21. Subsection 50E(6) provides that the
section does not prevent a member of the Reserves from being bound to render
continuous full time naval, military or air force service otherwise than in
accordance with the section.
22. The Schedule
amends subsections 120A(4), (4A) and (4B) of the Defence Act by omitting the
reference to sections 50E and 50F.
23. It also
goes onto provide that the amendments that are made by Schedule 1 apply in
relation to all members of the Reserve whether or not they became members of the
Reserves before or after the Schedule commenced.
24. The Defence Force consists of the Australian
Navy, the Australian Army and the Australian Air Force. Within these are various
levels which differentiate between the Regular Forces , the Reserves and the
Emergency Forces. The proposed amendments to the various legislation in this Act
will replace the term “Reserve Forces” with Navy, Army or Air Force
(as the case requires) Reserve and references to “Emergency Forces”
will be omitted altogether. The changes will also reflect the amendments to the
Defence Act mentioned above in relation to the situations where the Reserve may
be called out. Other consequential amendments are also provided
for.
25. The Acts that are to be amended are
specified in alphabetical order.
• The Permanent Air Force;
and
• The Air Force
Reserve.
27. Section 4B provides that the
Permanent Air Force consists of officers appointed to and airmen enlisted in the
Permanent Air Force and officers and airmen transferred to the Permanent Air
Force from the Air Force Reserve, the Australian Navy or the Australian
Army.
28. Section 4C provides that the Air Force
Reserve consists of officers appointed to and airmen enlisted in the Air Force
Reserve and officers and airmen transferred to the Air Force Reserve from the
Permanent Air Force, the Australian Navy or the Australian
Army.
29. Sections 4H and 4HA are
repealed.
30. Section 4J(1), (2), (2A) and (2B)
are repealed and substituted. New subsection 4J(1) provides that a member of the
Air Force Reserve is not bound to render continuous full time air force service
otherwise than:
• As provided in the
section;
• While he or she is covered by a call
out notice under section 50D, 51A, 51B or 51C of the Defence
Act.
31. Subsection (2) provides that the
Regulations must set or provide for the setting of training periods for the Air
Force. Different training periods may be set for different parts of the Air
Force Reserve or for different classes of members of the Air Force
Reserve.
32. Subsection (2A) provides that the
Air Force Reserve is bound to render in each training period air force service
other than continuous full time service for such periods as are set out under
the Regulations. A member may be exempted under the Regulations from the
obligation to render all or a specified part of the
service.
33. Subsections 4J(3) and (4) are
amended by omitting “Australian”.
34.
Subsections 4J(5) and (6) are repealed.
35.
Subsection 8A(1) is amended by omitting “sections 4H, 4HA and 4J”
and substituting “section 4J”.
36. Subsection 4(1), the definition of “The
Emergency Forces”, “Permanent Forces” and “The Reserve
Forces” are repealed. A new definition of “Permanent Forces”
and “Reserves” is being inserted. Permanent Forces will be defined
to mean the Permanent Navy, the Regular Army and the Permanent Air Force.
“Reserves” will be defined to mean the Naval Reserve, the Army
Reserve and the Air Force Reserve.
37. The
heading in Division 1 of Part II will be
repealed.
38. Subsection 9BA(1) will be amended
by omitting the reference to “Division 3” and substituting
“the Regulations”.
39. Divisions 2, 3
and 3A of Part II are repealed. These provisions which relate to the
Administration of the Defence Force will be contained in the
Regulations.
40. The heading in Division 4 of
Part II will be repealed.
41. Section 27A will be
repealed.
42. Sections 31, 32 and 32A are
repealed and substituted. New section 31 headed “Australian Army”
provides that the Australian Army consists of 2 parts, being the Regular Army
and the Army Reserve.
43. Section 32 provides
that the Regular Army consists of:
• officers
appointed to, and soldiers enlisted in, the Regular Army;
and
• officers and soldiers transferred to the
Regular Army from the Army Reserve, the Australian Navy or the Australian Air
Force.
44. Section 32A provides for the
“Army Reserve”. The Army Reserve is to consist of officers appointed
to and soldiers enlisted in the Army Reserve and officers and soldiers
transferred to the Army Reserve from the Regular Army, the Australian Navy or
the Australian Air Force.
45. The heading in
Division 2 of Part III will be repealed and substituted. The new heading will be
“The Raising of the Army” (it previously referred to “the
raising of the Army and the enlistment and discharge of members thereof”).
46. Sections 36 to 44A will be repealed (dealing
with enlistment and discharge and transfer of soldiers). These provisions will
also be incorporated into the Regulations.
47.
Section 45 is repealed and substituted. New section 45 provides that members of
the Regular Army are bound to render continuous full time military
service.
48. Section 48Ais
repealed.
49. Subsection 50(1), (2), (2A) and
(2B) are repealed and substituted.
50. New
section 50(1) provides that a member of the Army Reserve is not bound to render
continuous full time service otherwise than under the section or as a result of
a call out order under section 50D, 51A, 51B or
51C.
51. New subsection 50(2) provides that the
Regulations must set out or provide for the setting of training periods for the
Army Reserve. Different training periods may be set for different parts of the
Army Reserve.
52. New subsection (2A) provides
that a member of the Army Reserve is bound to render in each training period,
military service (other than continuous full time military service) for such
periods as are set out by or under the regulations. However, a member may be
exempted by or under the regulations from the obligation to render all or any
part of that service.
53. Subsections 50(3) and
(4) are amended by omitting
“Australian”.
54. Subsections 50(5)
and (6) are repealed.
55. Section 51G(b) and
subsection 52(1)(b) are amended by omitting the reference to “the
Emergency Forces and the Reserve Forces” and substituting “the
Reserves”.
56. Subsections 120A(1), (1A)
and (3) are repealed.
57. Subsection 120A(4) is
amended by omitting the references to “10C, 17, 26, 39, 44, 45,
48A”.
58. Subsection 120A(4AA) is amended
by omitting the references to “16, 21, 22, 24, 25, 25B, 25D, 27AA,
44A”.
59. Subsection 120A(4AB) and (4C) are
amended by omitting the reference to “27AA,
4AA”
60. Paragraph 124(1)(a) is amended by
inserting “retirement” after the words “reduction in
rank”.
61. New paragraphs (aa), (ab) and
(ac) will be included after paragraph 124(1)(a). Paragraph (aa) provides for the
transfer of members between different arms or parts of arms of the Defence
Force; paragraph (ab) refers to the training of members and paragraph (ac)
refers to the conditions of service members.
62.
After subsection 124(1A), new subsection 124(1AA) is inserted. It provides for
the what may be provided for in the Regulations. This will be the appointment or
reappointment of a member, the enlistment or re-enlistment of a member or the
service of the member in certain circumstances. For example, the member 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.
Defence Force Discipline Act
1982
63. Subsection 3(1) is amended by
repealing and substituting the definition of “defence member”. A
“defence member” is defined to
mean:
• a member of the Permanent Navy, the
Regular Army or the Permanent Air Force; or
• a
member of the Reserves who is rendering continuous full time service and is on
duty or in uniform.
64. The definitions of
“Emergency Forces” and “Reserve Forces”, also contained
in subsection 3(1) are repealed. A new definition of “Reserves” has
been included to mean the Naval Reserve, the Army Reserve or the Air Force
Reserve.
65. Subsection 3(4) is repealed and
substituted. New subsection (4) provides that for the purposes of subparagraph
(b)(ii) of the definition of “defence member” in subsection
(1):
• 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 naval, military or air force service that he or she is
required to render by or under the Defence Act 1903, the Naval Defence
Act 1910 or the Air Force Act 1923 until he or she is duly released
or discharged from that service; and
• 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.
66. Subparagraph 3(h)(i) is amended by repealing and
substituting the definition of “eligible person”. It will now be
defined as a person “who is a member of the
Reserves”.
67. The definition of “The
Emergency Forces” and “The Reserve Forces” are also repealed.
A new definition of “Reserves” has been included in section 3. It
will have the same meaning as in the Defence Act 1903.
68. Subsection 3(1) is amended by repealing and
substituting the definition of “Permanent Forces”. It is defined to
mean the Permanent Navy, the Regular Army and the Permanent Air
Force.
69. The definition of
“Reserve” in subsection 3(1) is also repealed and substituted.
“Reserve’ is now redefined to
mean:
• in relation to a member of the Navy
– the Naval Reserve;
• in relation to a
member of the Army – the Army Reserve;
and
• in relation to a member of the Air Force
– the Air Force Reserve.
70. Paragraphs
5A(1)(b), 61B(1)(d) and 61B(3)(a) omit the reference to “the Reserve
Forces or the Emergency Forces” and substitutes “the
Reserves”.
71. Subsection 4(1) repeals and substitutes the
definition of “Permanent Forces”. It is redefined to mean the
Permanent Navy, the Regular Army and the Permanent Air
Force.
72. Subsection 4(1) is also amended by
substituting the definition of “Reserve”. The new definition is that
“Reserve” means:
• in relation to a
member of the Navy – the Naval
Reserve;
• in relation to a member of the Army
– the Army Reserve; and
• in relation to a
member of the Air Force – the Air Force
Reserve.
73. The Fourth Schedule is amended by
omitting the references to “Permanent Navy” and “Regular
Army”
Defence Forces Special Retirement
Benefits Act 1960
74. The Long Title,
subparagraphs 4(2)(a)(i) and 4(2)(d) and (e) of this Act are amended by omitting
the references to “Australian Reserve”.
75. The definition of “Reserve” contained in
subsection 5(1) is repealed and substituted. The new definition will define
“Reserve” to mean:
• the Naval
Reserve;
• the Army
Reserve;
• the Air Force
Reserve.
76. Paragraph 7(1)(a) is repealed and
substituted. New paragraph (a) reads as
follows:
“an officer who is a member of the
Permanent Navy, the Regular Army or the Permanent Air Force applies to the
appropriate service to be transferred to the appropriate Reserve;
and
77. Paragraph 8(a) is repealed and
substituted:
“an enlisted member who is a
member of the Permanent Navy, the Regular Army or the Permanent Air Force
applies to the appropriate service chief from that arm of the Defence Force;
and”
78. Paragraph 9(a) is also repealed
and substituted:
“a member of the Naval
Reserve, the Army Reserve or the Air Force Reserve who is rendering continuous
full time service applies to the appropriate service chief for the termination
of that service; and”
79. Subsection 42(1)(h) and paragraph 42(5) are amended
by omitting references to “Reserve Forces” and substituting
“Reserves”.
80. Paragraph 23(s) and (sa) are amended by repealing
and substituting the paragraph. New paragraph (s)
provides:
“in the case of a member of the
Naval Reserve, the Army Reserve or the Air Force Reserve, the pay and allowances
paid to him or her as such a member, other than pay and allowances in respect of
continuous full time service”.
81. Section
51-5 (table items 1.3 and 1.4) are amended by repealing and substituting a new
table item 1.4.
A member of: pay and
allowances except pay and
(a) the Naval Reserve; as a
member; and allowances for
(b) the Army Reserve;
or continuous full
(c) the Air Force
Reserve time service.
Jury Exemption Act
1965
82. The Schedule (Table Items 8 and
9) is amended by omitting “the Reserve Forces” and substituting
“the Reserves”.
Long Service
Leave (Commonwealth Employees) Act 1976
83. Paragraph 12(10)(a) is repealed and
substituted. New paragraph (a) reads “on continuous full-time service in a
part of the Reserves (within the meaning of the Defence Act 1903”
84. Paragraph 12(10)(b) omits the words
“those Forces” and substitutes “the
Reserves”.
85. Paragraphs 6(1)(b) and (c) are amended by omitting
“the Emergency Forces or the Reserve Forces” and substituting
“the Reserves”.
86. Part II sections 19, 20, 21 and 22 of the Act are
repealed.
87. Section 19 is repealed and
substituted. New section 19 provides that:
The
Australian Navy consists of 2 Parts:
• the
Permanent Navy; and
• the Naval
Reserve.
88. New section 20 provides that the
Permanent Navy consists of officers appointed to and sailors enlisted in the
Permanent Navy and officers and sailors transferred to the Permanent Navy from
the Naval Reserve. The Australian Army or the Australian Air
Force.
89. New section 21 provides that the Naval
Reserve consists of officers appointed to and sailors enlisted in the Naval
Reserve and officers and sailors transferred to the Naval Reserve from the
Permanent Navy the Australian Army or the Australian Air Force.
90. Sections 25 to 30A will be repealed. These
provisions deal with the enlistment, discharge and transfer of sailors. These
provisions will be included in the Regulations.
91.
Section 31 will be amended by omitting the reference to “Naval
Forces” and substituting
“Navy”.
92. Sections 32 and 32AA are
also repealed. These sections refer to the Naval Emergency Reserve Forces which
will be defunct under the legislation.
93.
Subsections 32A(1), (2) and (2A) are also repealed and substituted. New
subsection (1) provides that a member of the Naval Reserve is not bound to
render continuous full time naval service otherwise than as provided in the
section or as a result of a call out under section 50D, 51A, 51B or 51C of the
Defence Act.
94. New subsection (2) provides that
the Regulations must set or provide for the setting of training periods for the
Naval Reserve. Different training periods may be set for different parts of the
Naval Reserve or for different classes of members of the
Reserve.
95. New subsection (2A) provides that a
member of the Naval Reserve is bound to render in each training period naval
service other than continuous full time naval service for such periods as are
set out in the regulations, however a member may be exempted by or under the
regulations from the obligation to render all or a specified part of that
service.
96. Subsections 32A(3) and (4) are
amended by omitting “Australian”.
97.
Subsections 32A(5) and (6) are repealed.
98.
Subsections 44B(1), (1A) and (2) are also repealed
99. Subsection 44B(3) is amended by omitting the
reference to “sections 11, 13, 17A, 28, 30, 32, 32AA” and
substituting “section”.
100. Paragraph 8(8)(w) is repealed and substituted. New
paragraph (w) provides:
• in the case of a member
of the Naval Reserve, the Army Reserve or the Air Force Reserve, the pay and
allowances paid to the person as such a member (other than pay and allowances in
respect of continuous full time service).
101.
Paragraph 541D(1)(h) omits “Reservve Forces” and substitutes
“Reserves”.
102. Section 542G is
repealed and substituted. New section 542G provides that a person has a training
camp exemption if the person is attending a training camp as a member of the
Naval Reserve, the Army Reserve or the Air Force
Reserve.
103. Paragraph 601(2A)(h) is amended by
omitting the reference to “Reserve Forces” and substituting
“Reserves”.
104. Subsection 601(7) is
repealed and substituted. New subsection (7) provides that
“Reserves” means the Naval Reserve, the Army Reserve or the Naval
Reserve.
105. Subsection 603(1) is repealed and
substituted. New subsection (1) provides that a person is taken to have
satisfied the activity test in respect of a period when the person is attending
a training camp as a member of the Naval Reserve, the Army Reserve or the Air
Force Reserve.
106. Section 1212 is repealed and
substituted. New section 1212 provides that the “Reserve Service”
means attending a training camp as a member of any of the Naval Reserve, the
Army Reserve or the Air Force Reserve.
107. The heading to section 29 is altered by omitting
“Reserve Forces” and substituting
“Reserves”.
108. Subsection 4(1) (paragraph (a) of the definition of
“service”) is repealed and substituted. It will now read that
“continuous full time service as a member of the Permanent Navy, the
Regular Army or the Permanent Air
Force”.
Veterans’ Entitlements
Act 1986
109. Paragraph 5H(8)(za) is
repealed and substituted. New paragraph (za) provides that in the case of a
member of the Naval Reserve, the Army Reserve or the Air Force Reserve, the pay
and allowance paid to the person as such a member (other than pay and allowances
in respect of continuous full time
service.
Schedule 2 deals with Saving and
Transitional provisions.
110. Item 88
provides for the saving of the appointment of Chiefs under the Defence Act
1903. Although subsection 9BA(1) of the Defence Act is amended, that
subsection continues to apply in relation to a person who held an appointment
under subsection 9(1)) or 9AA(1) of that Act immediately before the amendment
commenced, as if that amendment and the repeal of Division 3 of Part II of the
Act had not happened.
111. Item 89 deals with
saving other appointments under the Act. Although Divisions 2, 3 and 3A of Part
II of the Act are repealed, those provisions continue to apply in relation to a
person who held an appointment under subsection 10(1) of the Act immediately
before the repeal commenced as if the repeal had not
happened.
112. Item 90 deals with the saving of
enlistments under the Act. Although sections 36 to 44A of the Act are repealed,
those sections continue to apply in relation to a person who was enlisted under
subsection 36(3) of that Act immediately before the repeal commenced as if the
repeal had not happened.
113. Item 91 deals with
the saving of appointments under the Naval Defence Act 1910. Although
Part II of the Act is repealed, that Part continues to apply in relation to a
person who held an appointment under subsection 8(1) of the Act immediately
before the repeal commenced as if the repeal had not
happened.
114. Item 92 deals with the saving of
enlistments under the Naval Defence Act 1910. Although sections 25 to 30A
of the Act are repealed, those sections continue to apply in relation to a
person who was enlisted under subsection 25(3) of the Act immediately before the
repeal commenced as if the repeal had not
happened.
115. Item 93 provides that the
provisions that were repealed may be superseded by new regulations. The repealed
provisions continue to apply to the extent that thay are consistent with
Regulations made after the repeal for the purposes of the Regulation making
power under section 124 of the Defence Act. If Regulations are made, then those
repealed provisions cease to apply from the time that an inconsistency arises
and the regulations apply despite being inconsistent with those
provisions.
116. Item 94 provides for the saving
of old regulations. Regulations that were in effect under any Act immediately
before the commencement of the amendments continue to have effect after that
time as if members of an arm of the Defence Force who were members of a
particular part or component of that arm immediately before the commencement of
this Item were still members of that part or component
after that time, even if that part or component no longer exists.
117. For example, assuming that immediately
before the commencement of Item 94 regulations imposed training obligations on
members of the Air Force Specialist Reserve. Those obligations would continue to
apply to former members of that Reserve after the commencement even though the
Air Force Specialist Reserve itself is no longer mentioned in the Reserve under
the Air Force Act 1923 and the members have become members of the Air
Force Reserve.
118. Regulations will continue to
have effect under Item 94 only to the extent that they are not amended or
revoked by later Regulations.
119. Item 95
provides for Regulations about transitional matters. The Regulations may make
provision in relation to other saving and transitional matters in connection
with the amendments made by the Schedule. In particular, the regulations may
deal with the status of persons who were members of the Defence Force
immediately before the commencement of the
amendments.
120. Schedule 3 provides for the
repeal of the Defence (Re-establishment) Act 1965 and the consequential
amendments as a result of that repeal. Part 1 deals with the repeal of the Act
and amendments.
121. Subsection 118A(1) is amended by omitting the
reference to Part III and substituting
“Part”.
122. Subsections 118A(2) and
(4) are amended by omitting the words “Parts III and IV or having
voluntarily enlisted or attempted to enlist in a force raised for active
service” and substituting “Part
IV”.
123. Subsection 118A(6) is
repealed.
124. The whole of this Act is repealed.
125. The definition of “cost” in subsection
23(1) is repealed an substituted. The new definition provides that
“cost” in relation to a person’s rehabilitation program means
the cost as determined by the Secretary of and incidental to the program and
includes any allowances paid to the person under section 24 but does not include
any part of the cost that is not borne by the
Commonwealth.
126. Part 2 relates to the
application and transitional provisions.
127. The
Defence Reserve Service (Protection) Act 2000 applies in relation to all defence
service undertaken after the Act commences except in so far as the service is
rendered only as a result of being called out under Division 4 of Part III or
under Part IIIA of the Defence Act 1903 before the commencement time or a
voluntary undertaking to render continuous full time service that the member
gave before the commencement time.
128. The
Defence (Re-establishment) Act 1965 continues to apply in relation to defence
service covered by paragraph (1)(a) or (b) despite the repeal of the
Act.
129. The Defence Reserve Service
(Protection) Act 2000 applies in relation to all contracts of employment, other
contracts, partnerships, courses and all other arrangements even if they began
before the commencement time.
130. The
Regulations may make providsion in relation to application, saving and
transitional matters in connection with the enactment of the Defence Reserve
Service (Protection) Act 2000 or the repeal of the Defence (Re-establishment)
Act 1965.
131. Schedule 4 relates to the
allowances and benefits to employers. At the end of paragraph 58B(1)(a) the word
“and” is included. This will link this paragraph with new paragraph
58B(1)(b) which provides that the payment of allowances or other pecuniary
benefits (except allowances or benefits by way of remuneration) to or for
members or cadets, including the payment of additional compensation to members
of the Reserves to whom compensation is payable under the Safety,
Rehabilitation and Compensation Act 1988.
132.
Although paragraph 58(1)(b) is repealed and substituted, any determination that
was in effect under that paragraph immediately before that repeal continues in
effect after that time as if it had been made under the new version of the
paragraph.
133. Paragraphs 58(B)(1)(c), (d) and
(e) are amended by including “and” after each
paragraph.
134. Paragraph 58B(1)(f) is amended by
omitting the reference to “examination” and substituting
“examination ; and”.
135. After
paragraph 58B(1)(g) new paragraph (ga) is inserted. This paragraph will provide
that payments by way of compensation, incentives or other benefits to members of
the Reserves, their dependants, their employers, business or professional
partners, other associates or other person in relation to the availability of
the members for defence service or for losses incurred or inconvenience suffered
because of the members’ absence on defence service (including losses
incurred or inconvenience suffered because of the operation of the Defence
Reserve Service (Protection) Act 2000.
136. After
subsection 58B(1) new subsection (1AA) is inserted to provide that expressions
used in paragraph (1)(ga) that are defined in the Defence Reserve Service
(Protection) Act have the same meaning as in that Act.