Defence Act (Chapter 74)

Coming into Force06 March 1975
Published date06 March 1975
Revision Date01 October 2021
Year1974
Type of DocumentCurrent Version
Defence Act (Chapter 74)

[Defence Act Chapter No 74 consolidated to No 27 of 2009]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 74.

Defence Act.

Being an Act to establish a Papua New Guinea Defence Force and to provide for its control, maintenance and discipline, and for related matters.

PART I.—PRELIMINARY.
1 Interpretation.

(1) In this Act, unless the contrary intention appears—

"active service" means the Papua New Guinea Defence Force or a part of the Defence Force is involved in military combat operations of a warlike or armed conflict nature including counter terrorist operations and insurgencies, other than administrative or training operations and low risk non combat operations such as civic actions and providing assistance of a civil nature to civil authorities;

"aircraft" means any machine that can derive support from the reactions of the air, whether manned or unmanned, and includes an aeroplane, balloon, kite balloon, airship or glider;

"appointment" means an appointment to a substantive position within the structure of the Defence Force or otherwise an approved designated position of employment with the Defence Force by the appropriate authority, and includes a temporary or acting appointment to such position pursuant to this Act, any other law or regulations; and

"appropriate Authority" means any person, body, authority or corporatic that is prescribed under this Act, the Regulations, Defence Council orders or any other law to have the lawful power or authority to do an act or omission for purposes of giving effect to this Act, the Regulations, Defence Council Orders or any other law as the case may be;

"Chief of Defence Force" means the Commander of the Papua New Guinea Defence Force appointed in accordance with Section 193 of the Constitution to the Office of the Commander of the Defence Force established under Section 6 of this Act;

"Chief of Personnel" when making reference to the Chief of Personnel in this Act, the Regulations, Defence Council Orders or any other law, means the Chief of Support Services;

"the Code of Military Discipline" means the code set out in the Schedule;

"Commander in Chief" means a military commander who has the ultimate power and authority to command the Defence Force including the political and civilian power and authority to control the Defence Force;

"the Commander of the Defence Force" . . . [Repealed]

"co-operating force" means an armed force or a part of that armed force from a country that Papua New Guinea has formal ties with under a Treaty or Protocol pursuant to International Law or declared under Section 25 to be a force acting in co-operation with the Defence Force or a part of the Defence Force, and is an ally of Papua New Guinea;

"defence area" means any land, water, or part of the seabed, or any building, or part of any building, either in Papua New Guinea or outside of Papua New Guinea , that is set apart, used or occupied for the purposes of the Defence Force, whether the property is owned by the Independent State of Papua New Guinea or used, occupied by or on behalf of the Defence Force with the consent of the owner, and more particularly includes —

(a) every army camp, naval or maritime establishment and air force or element base; and

(b) any arsenal and any place used for the purpose of building, repairing, making, or storing ammunitions or equipment for or belonging to the Defence Force; and

(c) any land or any building or part of a building, declared by the Defence Council Orders or pursuant to a law or regulation to be a Defence Reserve for purposes of this Act;

"the Defence Council" means the Defence Council established by Section 7;

"the Defence Council Orders" means the Defence Council Orders issued under Section 8(2);

"the Defence Force Judge" means the Defence Force Judge appointed under Section 45, and in relation to the exercise or performance of any power or function delegated to a Deputy Defence Force Judge under that section includes that Deputy Defence Force Judge;

"Defence Force Magistrate" means a Defence Force Magistrate appointed under Section 46;

"defence stand-by" means a period during which a notice under Section 42 is in force;

"demotion" means an administrative reduction by the appropriate authority to a rank...

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