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DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 !!! The following amendment (No. 3, 2006) has not been incorporated. A new consolidation is in preparation. - List of Sections

Section

Compilation Information

Long Title

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 1—Introduction

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Overview of the Act
4. Act binds the Crown
5. Application of Criminal Code
6. Act extends to the external Territories
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 2—Interpretation

7. Definitions
8. Meaning of absent on defence service
9. Meaning of dependant
10. Meaning of contract of employment
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 3—Which protections and benefits apply to the different
kinds of defence service

11. Which protections and benefits apply to the different kinds of defence service
12. Defence service following voluntary undertaking
13. Continuous full time service following a call out
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 4—Protection against discrimination because of defence
service

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 1—Overview of Part


14. Overview of Part
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 2—Discrimination in employment


15. Refusing to employ a person
16. Dismissing etc. an employee
17. Hindering employee from serving in Reserves
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 3—Discrimination in partnerships


18. Refusing to offer partnership to another person etc.
19. Hindering fellow partner from serving in Reserves
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 4—Discrimination against commission agents


20. Refusing to engage commission agent
21. Terminating etc. contract for services
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 5—Discrimination against contractors


22. Refusing to engage contractor
23. Terminating etc. contract for services
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 5—Employment protection

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 1—Overview of Part


24. Overview of Part
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 2—Leave during defence service


25. No requirement to take leave during defence service
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 3—Effect of defence service on contract of employment


26. Contract suspended (rather than terminated)
27. Applying to resume employment after defence service
28. Employer must re-employ member
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 4—Effect of defence service on particular
entitlements of members


29. Which entitlements this Division applies to
30. Continuous full-time defence service
31. Other defence service
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 5—Termination of employment after resumption of
employment etc.


32. Termination after resuming employment etc.
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 6—No additional obligations on employers


33. No additional obligations on employers
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 6—Partnership protection

34. Overview of Part
35. Dissolving partnerships etc. involving a serving member
36. Dissolving partnerships etc. involving former member
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 7—Education protection

37. Overview of Part
38. Member enrolled in course while rendering defence service
39. Obligations of body administering education institution
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 8—Financial liability protection

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 1—Overview


40. Overview of part
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 2—Which financial liabilities this Part applies to


41. Financial liabilities that arise before call out day
42. Option exercised on or after call out day
43. Rates etc. on land
44. Part does not apply to security holder already exercising remedies
45. Part does not apply to bankruptcy or insolvency of member or dependant
46. Part does not apply to trustees or representatives
47. Liability exists even if payment not yet due
48. Liability may have arisen before commencement of this Act
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 3—Payments postponed and proceedings stayed


DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Subdivision A—Postponement


49. Payments postponed
50. Rescheduling payments
51. Rescheduling if member or dependant dies
52. Higher rate of interest not payable
53. Interest payable on postponed payments under an agreement
54. Interest payable on payment of postponed rates etc. on land
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Subdivision B—Proceedings stayed


55. Proceedings stayed but rights not otherwise prejudiced
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Subdivision C—Court may order all or part of Division does not
apply


56. Court may order that all or part of Division not apply
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 4—General matters


57. Powers of security holder not affected
58. Instruments made on or after member's call out day not affected
59. Joint liability
60. Postponement etc. not to be taken into account for purposes of statutes of limitations etc.
61. Certain rights of member or dependant preserved
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 9—Bankruptcy protection

62. Overview of Part
63. Bankruptcy proceedings against member or dependant not allowed
64. Orders court may make relating to bankruptcy of member or dependant
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 10—Loans and guarantees to returned members

65. Overview of Part
66. Prescribed authority may make loans and give guarantees
67. Amount of loan or guarantee
68. Terms and conditions of loan or guarantee
69. Interest on loan
70. Pre-conditions for loan or guarantee
71. Review by Administrative Appeals Tribunal
72. Agreements between prescribed authorities and States etc.
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part 11—Enforcement and remedies

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 1—Civil enforcement


73. Actions for loss or damage
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Division 2—Orders that courts may make


74. Orders for compensation after offence
75. Injunctions for contravention of this Act
76. Court may make other orders if transaction or proceeding in contravention of this Act
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Part
 12—Other
matters

77. Jurisdiction of courts
78. Unincorporated bodies
79. Delegation
80. Severability: additional effect of Act
81. Regulations
DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Notes to the Defence Reserve Service (Protection) Act 2001

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