Defence Legislation Amendment (Flexible Career Practices) Act 2000

No. 113, 2000

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

[Assented to 5 September 2000]

The Parliament of Australia enacts:

This Act may be cited as the Defence Legislation Amendment (Flexible Career Practices) Act 2000.

(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4 Application of amendments

The amendments made by items 3, 4, 5, 8, 9 and 11 of Schedule 1 do not apply in relation to appointments made before the commencement of this Act.

Schedule 1—Amendments

Defence Act 1903

1 Subsection 10B(1)

Omit “Colonel”, substitute “Lieutenant‑Colonel”.

2 At the end of section 10C

Add:

(2) An officer of the Army on a permanent appointment may volunteer to convert the appointment to an appointment for a specified period, and the Chief of Army may, by instrument in writing, convert the appointment accordingly.

3 At the end of paragraphs 17(2)(a), (b) and (ba)

Add “or”.

4 After paragraph 17(2)(c)

Insert:

(ca) the officer has not completed a period of service that, under a determination of the Chief of Army, the officer is required to complete in respect of the officer’s initial appointment as an officer; or

5 Subsection 27AA(3)

After “17(2)(c)”, insert “or (ca)”.

6 After section 37

Insert:

37A Conversion of enlistment to fixed period

(1) A soldier who is enlisted until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.

(2) If the offer is accepted, the enlistment is converted accordingly, by force of this subsection.

Naval Defence Act 1910

7 At the end of section 11

Add:

(2) An officer on a permanent appointment may volunteer to convert the appointment to an appointment for a specified period, and the Chief of Navy may, by instrument in writing, convert the appointment accordingly.

8 At the end of paragraphs 13(2)(a), (b) and (ba)

Add “or”.

9 After paragraph 13(2)(c)

Insert:

(ca) the officer has not completed a period of service that, under a determination of the Chief of Navy, the officer is required to complete in respect of the officer’s initial appointment as an officer; or

10 Subsection 13A(1)

Omit “Captain”, substitute “Commander”.

11 Subsection 17B(3)

After “13(2)(c)”, insert “or (ca)”.

12 After section 26

Insert:

26A Conversion of enlistment to fixed period

(1) A sailor who is enlisted in the Navy until attaining retiring age may volunteer to convert the enlistment to enlistment for a fixed period.

(2) If the offer is accepted, the enlistment is converted accordingly, by force of this subsection.