THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES. Defence (Honour General Sir John Monash) Amendment Bill 2018

Similar documents
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES FAIR WORK (JOB SECURITY AND FAIRER BARGAINING) AMENDMENT BILL 2012

Transport Security Amendment (Serious or Organised Crime) Bill 2016 No., 2016

An Act to amend the law relating to terrorist acts, and for other purposes

Australian Citizenship Amendment (Citizenship Testing) Act 2007

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES LEGISLATION AMENDMENT (SUNSETTING REVIEW AND OTHER MEASURES) BILL 2018

Castan Centre for Human Rights Law Monash University. Submission to the Senate Legal and Constitutional Affairs Committee

Occupational Health and Safety Amendment Bill 2011

Disabled Persons Parking Badges (Scotland) Bill [AS INTRODUCED]

Freedom of Information (Amendment) (Scotland) Bill [AS INTRODUCED]

Australian Citizenship Amendment (Special Residence Requirements) Act 2013

MENTAL CAPACITY (AMENDMENT) BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS

ACTS AMENDMENT (PERTH MARKET AUTHORI ) ACT

Corporations Amendment Bill (No.2) 2005 No., 2005

DRAFT FOR CONSULTATION

EXPOSURE DRAFT CUSTOMS AMENDMENT (CHINA-AUSTRALIA FREE TRADE AGREEMENT IMPLEMENTATION) BILL 2015 AMENDMENTS EXPLANATORY NOTE

SECURE TENANCIES (VICTIMS OF DOMESTIC ABUSE) BILL [HL] EXPLANATORY NOTES

THE CONSTITUTION (AMENDMENT) BILL, 2007

2012 Bill 204. Fifth Session, 27th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 204

CRIMINAL JUSTICE ACTS AMENDMENT BILL 2011

NUCLEAR SAFEGUARDS BILL EXPLANATORY NOTES

DRAFT FOR CONSULTATION

ELIZABETHAE 11 REGINAE

Ref. No. D. 66:07 Ministry of Justice National Parks and Wildlife (Amendment) Bill, 2016 Author: Rumbani Jere

Supplementary Order Paper

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 54, No. 12, 5th February, 2015

Migration (IMMI 17/081: Specification of Occupations, a Person or Body, a Country or Countries) Repeal Instrument 2017

NORTHERN IRELAND BUDGET (NO. 2) BILL EXPLANATORY NOTES

PARLIAMENT OF VICTORIA. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017

DRAFT FOR CONSULTATION

Workplace Relations Legislation Amendment (Independent Contractors) Act 2006

Government Gazette REPUBLIC OF SOUTH AFRICA

PEDICABS (LONDON) BILL EXPLANATORY NOTES

Treasury Laws Amendment (Putting Consumers First Establishment of the Australian Financial Complaints Authority) Bill 2017 No.

ORGAN DONATION (DEEMED CONSENT) BILL EXPLANATORY NOTES

THE CONSTITUTION (AMENDMENT) ACT, 2007

Government Gazette REPUBLIC OF SOUTH AFRICA

HAULAGE PERMITS AND TRAILER REGISTRATION BILL [HL] EXPLANATORY NOTES

Australian Workplace Safety Standards Act 2005

THE WEST AUSTRALIAN TRUSTEE, EXECUTOR AND AGENCY COMPANY LIMITED. 15 and 16 Geo. VI.

Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016 No., 2016

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES CUSTOMS AND EXCISE LEGISLATION AMENDMENT BILL 1986 EXPLANATORY MEMORANDUM

DRAFT FOR CONSULTATION

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL

EUROPEAN UNION (NOTIFICATION OF WITHDRAWAL) BILL EXPLANATORY NOTES

Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013 No 10

PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) AMENDMENT BILL 1995 EXPLANATORY MEMORANDUM. (Circulated by the authority of the Attorney-General,

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES FAMILY LAW REFORM (CONSEQUENTIAL AMENDMENTS) BILL 1995

Child Protection (Offenders Prohibition Orders) Act 2004 No 46

CENSUS (SCOTLAND) BILL

Immigration (Education) Regulations 2018

SUPPLEMENTARY MEMORANDUM CONCERNING THE DELEGATED POWERS IN THE BILL FOR THE DELEGATED POWERS AND REGULATORY REFORM COMMITTEE

THE CONSTITUTION (AMENDMENT N0. 3) BILL (No... of 2016) Explanatory Memorandum

University of London Bill [HL]

HUMAN TRAFFICKING AND EXPLOITATION (SCOTLAND) BILL

Working with Children Amendment Act 2010

REFUGEES (FAMILY REUNION) (NO. 2) BILL EXPLANATORY NOTES

Authorised Version. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017

Construction Industry Long Service Leave Act 1997

MAGISTRATES COURTS AMENDMENT BILL

Children and Young Persons (Care and Protection) Amendment Act 2010 No 105

EXPOSURE DRAFT EXPOSURE DRAFT. Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 No., 2017

Protection of Wild Mammals (Scotland) Bill

This Bill would amend the Magistrate s Courts Act, Cap. 116A to (a)

NOTICE 725 OF The closing date for submissions is 26 July Submissions and enquiries must be directed to

This compilation was prepared on 24 February 2010 taking into account amendments up to Act No. 4 of 2010

Inquiry into the Human Rights (Parliamentary Scrutiny) Bill 2010

THE PREVENTION OF CORRUPTION (AMENDMENT) BILL (No. III of 2006) Explanatory Memorandum

FINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS

Data Protection Bill: Summary of government amendments for Lords Committee tabled on 20 October 2017

RETIREMENT VILLAGES (MISCELLANEOUS) AMENDMENT ACT No. 59 of 2001

Australian Human Rights Commission Amendment (National Children s Commissioner) Act 2012

Supplement No. 2 published with Extraordinary Gazette No. 93 dated 6 th December 2018.

Census and Statistics Act 1905

ORGAN DONATION (DEEMED CONSENT) BILL EXPLANATORY NOTES

Crimes (Foreign Incursions and Recruitment) Act 1978

DELEGATED POWERS AND REGULATORY REFORM COMMITTEE CRIME (OVERSEAS PRODUCTION ORDERS) BILL MEMORANDUM BY THE HOME OFFICE

THE LANDLORD AND TENANT (AMENDMENT) ACT 2005

Crimes (Reasonable Parenting) Amendment Bill Government / Member s Bill. Explanatory note

National Security Legislation Amendment Bill (No. 1) 2014 No., 2014

NATIONAL CITIZEN SERVICE BILL. Memorandum concerning the delegated powers in the Bill for the Delegated Powers and Regulatory Reform Committee

TRANSFERRED OFFICERS EXTENDED LEAVE ACT. Act No. 13,1961.

EU (Withdrawal) Bill- Committee stage

Supplement No. 8 published with Extraordinary Gazette No. 81 dated 24 th October, 2018.

(28 April 1999 to date) JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS ACT 16 OF 1963

1957, No. 88 Oaths and Declarations 769

PROHIBITION OF GAMING MACHINES AMENDMENT ACT 2004 BERMUDA 2004 : 18 PROHIBITION OF GAMING MACHINES AMENDMENT ACT 2004

Local Government Finance (Unoccupied Properties etc.) (Scotland) Bill [AS INTRODUCED]

Armed Forces Bill. Memorandum by the Ministry of Defence for the House of Lords Delegated Powers and Regulatory Reform Committee

VOYEURISM (OFFENCES) (NO. 2) BILL EXPLANATORY NOTES

Migration Amendment (Visa Integrity) Bill 2006

HAULAGE PERMITS AND TRAILER REGISTRATION BILL [HL] EXPLANATORY NOTES

Act 7 Magistrates Courts (Amendment) Act 2007

Statutes Amendment (Gender Identity and Equity) Bill 2015

Steps to be taken before the commencement of civil proceedings: the new regime(s)

Domestic Abuse (Scotland) Bill [AS INTRODUCED]

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA SENATE COMPETITION POLICY REFORM BILL 1995 SUPPLEMENTARY EXPLANATORY MEMORANDUM

NEW FALSE ACCOUNTING OFFENCES COMMENCE OPERATION IN AUSTRALIA

Industrial Relations (Child Employment) Act 2006 No 96

HOUSE OF REPRESENTATIVES BILL

EXPOSURE DRAFT. Australian Multicultural Bill 2017 No., 2017

Transcription:

2016-2017-2018 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES Defence (Honour General Sir John Monash) Amendment Bill 2018 EXPLANATORY MEMORANDUM and STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Circulated by authority of Cathy McGowan AO

Defence (Honour General Sir John Monash) Amendment Bill 2018 OUTLINE The intent of this bill is to posthumously promote General Sir John Monash to rank of Australian Field Marshal. Monash and the AIF did not win the war on their own on the Western Front but they made a huge contribution to the Allied victory, punching through German lines and capturing more ground per capita than others. In the last 100 days it was all hands on deck - especially both the AIF and the CEF Canadians sometimes alongside the AIF. The Monash holistic approach was not unique but his application of it on the Western Front made a huge difference. This bill is carefully drafted with safeguard clauses to ensure the posthumous promotion will apply in this specific case and sets limitations on claims, precedence or entitlements that arise. The bill is in accord with the grass roots Jerilderie Proposition of the Saluting Monash Council, it has been endorsed at meetings far and wide - from Sydney to Perth FINANCIAL IMPACT The bill will have no financial impact. NOTES ON CLAUSES Clause 1 Short title This clause provides for the Bill, when enacted, to be cited as the Clause 2 Commencement The table in this clause sets out the commencement date for when the Bill s provisions commence. The Act will commence the day after Royal Assent. Clause 3 Schedules

This clause specifies that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule. Any other item in a Schedule operates according to its terms. Clause 4 Objects of this Act This clause outlines purpose of this bill is to allow the posthumous promotion Sir John Monash from General to Field Marshal. The intent of the bill is to deem General Monash to have been promoted during his lifetime to the rank of Field Marshal upon his return to the Active Duty List on 1 January 1931. Clause 5 The promotion of General Sir John Monash Part 1 of this clause provides for the promotion General Sir John Monash to Field Marshal in the Australian Regular Army on 1 January 1931, the date of his return to the Active Duty List. Part 2 authorises and permits the Executive, the Parliament, the Judicature, all Commonwealth bodies and all persons throughout the Commonwealth to recognise, describe and refer to the late General Sir John Monash by the title Field Marshal in substitution for the title General on and from the date of the commencement of this bill, see Clause 2. Clause 6 Limitations on the operation of this Act This clause outlines the limitations of the operations of the act and provisions that apply to the posthumous promotion of General Sir John Monash. Part 1 of this clause provides that: (a) no person may make any financial claim upon the Commonwealth arising out of or in any way related to the promotion of General Sir John Monash that is deemed to be effected by this Act; (b) the seniority in rank, precedence or entitlements of any past or present member of the Australian Defence Force, or its predecessor Forces, is not impaired, improved or otherwise changed by the promotion of General Sir John Monash that is deemed to be effected by this Act; (c) this Act does not require the making of any alteration of, or deletion from, or addition to, any existing record held by the Commonwealth that as at the date of commencement of this Act refers to the late Sir John Monash by the title General ; (d) this Act is not intended to change any practice, procedure or custom as to the promotion or address of members of the Australian Defence Force. Part 2 of this clause provides that this Act is not intended to create any enforceable duty at law upon any person to use the title Field Marshal in substitution for the title General when referring to the late General Sir John Monash and any contravention of that subsection:

(a) does not create an offence or a civil penalty, under the law of the Commonwealth; and (b) shall not be used for any purpose in any civil action at law or in equity or in any administrative action or review. Schedule 1 - Amendments Defence Act 1903 Item 1 after section 7 This item amends the Defence Act 1903 by inserting the following text: 7A Defence (Honour General Sir John Monash) Amendment Act 2018 For the removal of any doubt, the commencement and operation of the Defence (Honour General Sir John Monash) Amendment Act 2018: (a) (b) does not expressly or impliedly amend this Act or the regulations; and may not be used in the interpretation of this Act or the regulations. The effect of this amendment is to provide clarity that the commencement and operation of this bill does not amend the intent or operation of the Defence Act 1903 or its regulations, and should not be used in the interpretation of the Defence Act 1903 or its regulations.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Defence (Honour General Sir John Monash) Amendment Bill 2018 This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the bill The intent of this bill is to posthumously promote General Sir John Monash to rank of Australian Field Marshal. Human rights implications This bill does not engage any of the applicable rights or freedoms. Conclusion This bill is compatible with human rights because bill does not engage any of the applicable rights or freedoms. Cathy McGowan AO