Defence Amendment Act 1980
Defence Amendment Act 1980
Defence Amendment Act 1980
Public Act |
1980 No 40 |
|
Date of assent |
26 November 1980 |
|
Contents
An Act to amend the Defence Act 1971 in respect of a serviceman’s right to terminate his service by notice, and other matters
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Defence Amendment Act 1980, and shall be read together with and deemed part of the Defence Act 1971 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 28th day after the date on which it receives the Governor-General’s assent.
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by inserting, after the definition of the term “cadet officer”
, the following definition:
“‘Component’, in relation to the Navy or the Army or the Air Force, means the regular force or a territorial force or a reserve force of that service:”.
(2)
Section 2 of the principal Act is hereby further amended by adding the following subsections:
“(3)
For the purposes of this Act, unless the context otherwise requires, a serviceman is released from the component of the service in which he is serving when—
“(a)
He, or that component or the part of that component in which he is serving, is transferred to another component of that service; or
“(b)
In the case of an officer only, he is placed on the Retired List of that service.
“(4)
For the purposes of this Act, unless the context otherwise requires, a serviceman of any component of a service is discharged from the service when, otherwise than by release, he leaves that component in accordance with Defence Council Orders.”
3 Effect of oath of allegiance
Section 38 of the principal Act is hereby amended by omitting the words “dismissed, or otherwise removed”
.
4 Liability for and duration of service in regular forces
The principal Act is hereby amended by repealing section 42 (as substituted by section 2 of the Defence Amendment Act 1976), and substituting the following section:
“42
“(1)
Subject to sections 39 and 40 of this Act, all servicemen of the regular forces shall be liable at all times for service, either within New Zealand or elsewhere, subject to such conditions as may be prescribed.
“(2)
Notwithstanding subsection (1) of this section,—
“(a)
When the period of service of a serviceman of the regular forces has been completed, he shall be discharged or released from the regular forces without delay, but he shall be liable to continue his service until that discharge or release is effected:
“(b)
In time of war or other like emergency, the Governor-General may, by Proclamation, make an order tht servicemen of the regular forces who would, but for the war or emergency, be entitled to be discharged or released shall be liable to continue to serve; and, on the making of any such Proclamation, those servicemen shall be liable to continue to serve during the continuance of the state of war or emergency for such period as the Defence Council may determine.”
5 New heading and sections substituted in principal Act
The principal Act is hereby amended by repealing section 54 (as substituted by section 3 of the Defence Amendment Act 1976), and substituting the following heading and sections:
“Discharge or Release from Regular Forces on Notice
“54 Servicemen may give notice of intention to leave regular forces
“(1)
Subject to section 42(2)(b) and sections 54a to 54e of this Act, a serviceman of the regular forces may terminate his service in the regular forces at any time by giving notice to the officer in command of the serviceman’s ship or unit.
“(2)
A notice given by a serviceman for the purposes of this section shall be in writing, and the period of the notice shall commence to run on the day on which it is given to the officer in command of the serviceman’s ship or unit.
“(3)
If a serviceman gives not less than the prescribed notice, his period of service shall be deemed to have been completed on the expiry of the period of the notice, and, upon his discharge or release from the regular forces, he shall be entitled to receive an Armed Forces Terminal Benefit of an amount determined by the Secretary of Defence in accordance with the State Services Conditions of Employment Act 1977.
“(4)
If a serviceman gives less than the prescribed notice, his period of service shall be deemed to have been completed on—
“(a)
The expiry of his notice; or
“(b)
If the period of his notice is less than 3 months, the expiry of the period of 3 months commencing with the day on which the notice is given,—
or on such earlier date as the Defence Council, or a Chief of Staff authorised for the purpose by the Council, may determine in a particular case, and, upon his discharge or release from the regular forces, he shall be entitled to receive an Armed Forces Terminal Benefit of an amount (being less than the amount prescribed for the purposes of subsection (3)of this section) determined by the Secretary of Defence in accordance with the State Services Conditions of Employment Act 1977.
“54a Return of service obligation
Notwithstanding subsection (3) or subsection (4) of section 54 of this Act, but without limiting section 54b or section 54c of this Act, if a serviceman who is subject to a prescribed return of service obligation in respect of any prescribed training or exchange service gives notice under the said section 54, his period of service shall not be deemed to have been completed until he has fulfilled his return of service obligation.
“54b State of critical manning
“(1)
For the purposes of this section, a specified class of serviceman is in a state of critical manning if it is declared to be so by the Defence Council.
“(2)
Notwithstanding subsection (3) or subsection (4) of section 54 of this Act, but without limiting section 54a or section 54c of this Act, if a serviceman of a class that is in a state of critical manning gives notice under the said section 54, his period of service shall not be deemed to have been completed until the expiry of a period of 2 years commencing with the day on which the notice is given.
“54c Notice while serving overseas, etc.
Notwithstanding subsection (3) or subsection (4) of section 54 of this Act, but without limiting section 54a or section 54b of this Act, if a serviceman who is serving overseas, or who is under less than 3 months’ notice to serve overseas, gives notice under the said section 54, his period of service shall not be deemed to have been completed until he has completed his overseas duty.
“54d Discretion to relax requirements
Notwithstanding sections 54a to 54c of this Act, the Defence Council, or a Chief of Staff authorised for the purpose by the Defence Council, may at any time, either generally or in any particular case, waive in whole or in part the period of service that would otherwise be required of any serviceman by virtue of any of those sections.
“54e Notice while subject to disciplinary proceedings, etc
“(1)
For the purposes of this section,—
“(a)
A serviceman is facing disciplinary proceedings if any proceedings (including any proceedings on appeal or review or by way of confirmation) against him are continuing or pending under the Armed Forces Discipline Act 1971:
“(b)
A serviceman is serving a sentence of imprisonment or detention if he is serving such a sentence imposed under the Armed Forces Discipline Act 1971.
“(2)
Notwithstanding subsection (3) or subsection (4) of section 54 of this Act, if a serviceman who,—
“(a)
While facing disciplinary proceedings, gives notice under that section; or
“(b)
Having given notice under that section, subsequently faces disciplinary proceedings,—
his period of service shall not be deemed to have been completed until the proceedings have been completed, and he has served any sentence of imprisonment or detention imposed on him as a result of those proceedings.
“(3)
Notwithstanding subsection (3) or subsection (4) of section 54 of this Act, if a serviceman who is serving a sentence of imprisonment or detention gives notice under that section, his period of service shall not be deemed to have been completed until he has served that sentence.”
6 Repeal
Sections 2 and 3 of the Defence Amendment Act 1976 are hereby repealed.
This Act is administered in the Ministry of Defence.