Defence Act 1903

Sourced from the Federal Register of Legislation on 4th August 2020. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

These are extracts from the lengthy Defence Act 1903 document that is available on the Federal Register of Legislation website..

Continuance of existing officers.
10. All officers of the Naval and Military Forces holding office at the commencement of this Act shall continue to hold office as if appointed under this Act.
30. The Defence Force shall consist of the Naval and Military Forces of the Commonwealth, and shall be divided into two branches called the Permanent Forces and the Citizen Forces.

Permanent Forces.

31.—(1.) The Permanent Forces shall consist of officers who are appointed officers of those Forces, and of soldiers, petty officers, and sailors who are bound to continuous naval or military service for a term.

(2.) No Permanent Military Forces shall be raised maintained or organized except for Administrative and Instructional Staffs, including Army Service, Medical and Ordnance Staffs, Garrison Artillery, Fortress Engineers, and Submarine Mining Engineers.

Citizen Forces.

32.—(1.) The Citizen Forces shall be divided into Militia Forces, Volunteer Forces, and Reserve Forces.

(2.) The Militia Forces shall consist of officers, soldiers, petty officers, and sailors who are not bound to continuous naval or military service and who are paid for their services as prescribed.

(3.) The Volunteer Forces shall consist of officers, soldiers, petty officers, and sailors who are not bound to continuous naval or military service and who are not ordinarily paid for their services in times of peace.

(4.) The Reserve Forces shall consist of—

(a) Members of Rifle Clubs constituted in the manner prescribed, who have taken the oath set out in the Second Schedule, before an officer or Justice of the Peace, or before a person authorized by regulation to receive such oath; and

(b) Persons who, having served in the Active Forces or otherwise as is prescribed, are enrolled as members of the Reserve Forces.

Voluntary enlistment.

35. Except as provided in Part IV. of this Act the Defence Force shall be raised and kept up by voluntary enlistment only.

Period of enlistment.

36. Persons voluntarily enlisting as members of the Permanent and Militia Forces shall engage to serve for a prescribed period of not less than three years, and as members of the Volunteer Forces and Reserves for a prescribed period of not less than two years.

PART IV.—LIABILITY TO SERVE IN THE MILITIA FORCES IN TIME OF WAR.

Persons liable to serve.

59. All male inhabitants of Australia (excepting those who are exempt from service in the Defence Force) who have resided therein for six months and are British subjects and are between the ages of eighteen and sixty years shall, in time of war, be liable to serve in the Militia Forces.

Order of liability to service.

Class 1: All men of the age of eighteen years and upwards, but under thirty years, who are unmarried, or widowers without children;

Class 2: All men of the age of thirty years and upwards, but under forty-five years, who are unmarried, or widowers without children;

Class 3: All men of the age of eighteen years and upwards, but under forty-five years, who are married, or widowers with children; and

Class 4: All men of the age of forty-five years and upwards, but under sixty years.

62.—(1.) The Governor-General may establish and maintain Naval and Military Cadet Corps consisting of—

(a) Boys over twelve years of age who are attending school; or

(b) Youths between fourteen and nineteen years of age who are not attending school.