Defence and Veterans’ Service Commissioner (Consequential and Transitional Provisions) Act 2026

No. 28, 2026

An Act to deal with consequential and transitional matters arising from the enactment of the Defence and Veterans’ Service Commissioner Act 2026, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments and repeals 3

Part 1—Repeals 3

Defence Act 1903 3

Part 2—Consequential amendments 4

Archives Act 1983 4

Inspector-General of Intelligence and Security Act 1986 4

Schedule 2—Application, saving and transitional provisions 6

Part 1—Introduction 6

Part 2—General 7

Part 3—Inquiries and reports 8

Part 4—Information handling 9

Part 5—Notices and warrants 11

Part 6—Staffing 13

Part 7—Miscellaneous 15

Defence and Veterans’ Service Commissioner (Consequential and Transitional Provisions) Act 2026

No. 28, 2026

An Act to deal with consequential and transitional matters arising from the enactment of the Defence and Veterans’ Service Commissioner Act 2026, and for related purposes

[Assented to 1 April 2026]

The Parliament of Australia enacts:
1 Short title

This Act is the Defence and Veterans’ Service Commissioner (Consequential and Transitional Provisions) Act 2026.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act At the same time as the Defence and Veterans’ Service Commissioner Act 2026 commences.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments and repeals

Defence Act 1903

 1 Part VIIIE

Repeal the Part.

Archives Act 1983

 2 After section 22

Insert:

 22AA Records of the Defence and Veterans’ Service Commission

A non-publication direction given by the Defence and Veterans’ Service Commissioner prohibiting the publication of any material does not apply to:

Inspector-General of Intelligence and Security Act 1986

 a

the provision of public access under this Act to any records of the Defence and Veterans’ Service Commission that are in the open access period; or

 b

the publication by any person of any records of the Commission that are available for public access in accordance with this Act.

 3 After section 34AB

Insert:

 34AC Disclosure of information or documents to the Defence and Veterans’ Service Commission 1

An IGIS official may divulge or communicate information, or give documents, to an entrusted person if:

 a

the information is, or the documents are, relevant to the Defence and Veterans’ Service Commissioner’s functions or powers; and

 b

the Inspector-General is satisfied on reasonable grounds that the Defence and Veterans’ Service Commissioner has satisfactory arrangements in place for protecting the information or documents.

 2

This section applies despite anything in this Act or any other Act.

 3

In this section:

entrusted person means entrusted person (within the meaning of the Defence and Veterans’ Service Commissioner Act 2026).

 Application, saving and transitional provisions 1 Definitions 1

In this Schedule:

new Act means the Defence and Veterans’ Service Commissioner Act 2026.

old law means the provisions of Part VIIIE of the Defence Act 1903 as in force immediately before the commencement of this Act.

transition time means the time the new Act commences.

 2

Expressions used in this Schedule that are defined for the purposes of the new Act, and are used in relation to that Act, have the same meaning as in that Act.

 3

Expressions used in this Schedule that are defined for the purposes of the old law, and are used in relation to the old law, have the same meaning as in the old law.

 2 Things done by or in relation to Commission under the old law 1

This item applies if:

 a

(a) at a time (the initial time) before the transition time, a thing was done by, or in relation to, the Defence and Veterans’ Services Commission under the old law; and

 b

immediately after the transition time, the new Act provides for that thing to be done by, or in relation to, the Commission under the new Act.

 2

The thing has effect, and may be dealt with, after the transition time as if it had been done at the initial time by or in relation to the Commission under the new Act.

 3

However, subitem (2) is not intended to change the initial time the thing was done.

 3 Things done by or in relation to Commissioner under the old law 1

This item applies if:

 a

(a) at a time (the initial time) before the transition time, a thing was done by, or in relation to, the Defence and Veterans’ Services Commissioner under the old law; and

 b

immediately after the transition time, the new Act provides for that thing to be done by, or in relation to, the Commissioner under the new Act.

 2

The thing has effect, and may be dealt with, after the transition time as if it had been done at the initial time by, or in relation to, the Commissioner under the new Act.

 3

However, subitem (2) is not intended to change the initial time the thing was done.

 4 Request by Minister to conduct research, inquire or prepare advice 1

This item applies if:

 a

the Minister has requested the Defence and Veterans’ Services Commissioner under section 110ZFB of the old law to:

 i

conduct research and inquire into, and report on, a specific matter; or

 ii

advise on a specific matter; and

 b

immediately before the transition time:

 i

the Commissioner had not given the report or the advice to the Minister; and

 ii

the Minister had not withdrawn the request.

 2

The request is taken to be a request under section 17 of the new Act to:

 a

inquire into, and report on, the matter; or

 b

advise on the matter.

 5 Special inquiry determination

A determination that an inquiry is a special inquiry that was in force under section 110ZGA of the old law immediately before the transition time continues in effect (and may be dealt with) on and after the transition time as if it had been made under section 30 of the new Act.

 6 Reports not tabled 1

This item applies if, before the transition time, the Defence and Veterans’ Services Commissioner under the old law had given the Minister a report under section 110ZFA or 110ZFC of the old law, but the Minister had not tabled the report in each House of the Parliament.

 2

The report is taken to have been given to the Minister under subsection 25(2) or (3) of the new Act.

 7 Entrusted persons

A person who, immediately before the transition time, was an entrusted person under the old law is taken, after the transition time, to be an entrusted person under the new Act.

 8 Arrangements for obtaining and protecting intelligence information 1

This item applies if, immediately before the transition time, an arrangement under section 110ZGQ of the old law for obtaining, storing, accessing, using and disclosing intelligence information relating to an Australian intelligence entity for the purposes of a special inquiry was in effect.

 2

The arrangement:

 a

continues in effect, after the transition time, as if it had been made under section 46 of the new Act; and

 b

applies for the purposes of obtaining, storing, accessing, using and disclosing intelligence information relating to an Australian intelligence entity for the purposes of the new Act.

 9 Disclosures of information 1

This item applies if, before the transition time:

 a

information was disclosed to the Defence and Veterans’ Services Commissioner under the old law:

 i

for the purpose of assisting in the performance or exercise of the Commissioner’s functions or powers; or

 ii

for the purposes of a special inquiry; or

 iii

in accordance with a notice under section 110ZGC or 110ZGE; or

 b

information was obtained by an entrusted person under the old law.

 2

The new Act applies to the information as if the information had been disclosed to, or obtained by, the Commissioner or an entrusted person under the new Act.

 10 Non-publication directions

A non-publication direction that was in force under section 110ZHK of the old law immediately before the transition time continues in effect (and may be dealt with) on and after the transition time as if it had been made under section 54 of the new Act.

 11 Notices to attend to answer questions or give information or documents 1

This item applies if:

 a

a notice was given to a person, before the transition time, under subsection 110ZGC(1) of the old law to attend a hearing to give evidence or produce a document or thing; and

 b

immediately before the transition time, the person had not attended a hearing in accordance with the notice.

 2

The notice is taken, after the transition time, to have been served on the person under subsection 31(1) of the new Act.

 12 Notices to give information or produce documents 1

This item applies if:

 a

a notice was given to a person, before the transition time, under subsection 110ZGE(1) of the old law to give information or produce a document or thing; and

 b

immediately before the transition time, the person had not complied with the notice.

 2

The notice is taken, after the transition time, to have been served on the person under subsection 33(1) of the new Act.

 13 Applications for search warrants 1

This item applies if, before the transition time:

 a

an application for a search warrant was made by the Defence and Veterans’ Services Commissioner or an authorised member under subsection 110ZGJ(1) of the old law; and

 b

the application had not been considered by an eligible Judge.

 2

The application is taken, after the transition time, to have been made under subsection 36(1) of the new Act.

 14 Warrants not executed 1

This item applies if:

 a

(a) at a time (the initial time) before the transition time, a search warrant was issued under section 110ZGJ of the old law; and

 b

immediately before the transition time, the warrant had not ceased to have effect and had not been fully executed.

 2

The warrant is taken to have been issued at the initial time under section 36 of the new Act.

 15 Authorised members 1

This item applies if, before the transition time, the Defence and Veterans’ Services Commissioner had authorised a person to be an authorised member, or persons in a class of persons to be authorised members, under subsection 110ZGJ(2) of the old law.

 2

The person, or each person included in the class of persons, is taken, after the transition time, to be authorised to be an authorised member under subsection 36(2) of the new Act.

 16 Acting Commissioner 1

This item applies to a person who, immediately before the transition time, was appointed to act as the Defence and Veterans’ Services Commissioner under section 110ZJE of the old law.

 2

The person is taken, at the transition time, to be appointed to act as the Commissioner under section 73 of the new Act:

 a

for the balance of the person’s term of appointment that remained immediately before that time; and

 b

on the same terms and conditions as applied to the person immediately before that time.

 3

This item does not prevent those terms and conditions being varied after the transition time.

 17 Staff 1

This item applies to a person who, immediately before the transition time, was a staff member of the Defence and Veterans’ Services Commission under section 110ZKD of the old law.

 2

The person is taken, at the transition time, to be engaged as a staff member of the Commission under section 83 of the new Act on the same terms and conditions.

 3

The repeal of the old law by this Act does not affect the continuity of employment of the person.

 18 Persons assisting the Commissioner 1

This item applies to a person who, immediately before the transition time, was made available to the Defence and Veterans’ Services Commissioner under section 110ZKE of the old law.

 2

The person is taken, at the transition time, to be made available to the Commissioner under section 85 of the new Act on the same terms and conditions.

 3

Nothing in this item is taken to affect the time at which the person was made available to the Defence and Veterans’ Services Commissioner under the old law.

 19 Consultants 1

This item applies to a person who, immediately before the transition time, was engaged as a consultant under section 110ZKF of the old law.

 2

The person is taken, at the transition time, to be engaged as a consultant under section 86 of the new Act on the same terms and conditions.

 3

The repeal of the old law by this Act does not affect the continuity of the engagement of the person.

 20 Annual reports for reporting period ended before transition time 1

This item applies if:

 a

the transition time occurs after the end of a reporting period for the Defence and Veterans’ Services Commission under the old law; and

 b

(b) the annual report referred to in Public Governance, Performance and Accountability Act 2013 for that reporting period had not been prepared before the transition time.section 46 of the

2

The Commissioner under the new Act must, as soon as reasonably practicable, prepare the annual report.

 21 Annual reports for reporting period in which transition time occurs 1

This item applies if the transition time occurs during a reporting period for the Defence and Veterans’ Services Commission under the old law.

 2

(2) The first annual report prepared by the Commissioner under the new Act under Public Governance, Performance and Accountability Act 2013 must, for the part of the reporting period before the transition time, include the matters that would have been included in the annual report for the Defence and Veterans’ Services Commission under the old law if the old law had not been repealed.section 46 of the

22 Eligible judges 1

A Judge in relation to whom, before the transition time, a consent to be nominated by the Attorney-General was in force under subsection 110ZLB(2) of the old law is taken, after the transition time, to have consented to be declared under subsection 91(2) of the new Act.

 2

A Judge who, before the transition time, was declared to be an eligible Judge by the Attorney-General under subsection 110ZLB(3) of the old law is taken, after the transition time, to have been declared to be an eligible Judge under subsection 91(3) of the new Act.

 23 Transitional rules 1

The Minister may, by legislative instrument, make rules prescribing matters:

 a

required or permitted by this Schedule to be prescribed by the rules; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

 2

Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of the new Act.

 3

To avoid doubt, the rules may not do the following:

 a

create an offence or civil penalty;

 b

provide powers of:

 i

arrest or detention; or

 ii

entry, search or seizure;

 c

impose a tax;

 d

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

 e

directly amend the text of this Act or the new Act.

 4

This Act (other than subitem (3) of this item) does not limit the rules that may be made.

[Minister’s second reading speech made in—

House of Representatives on 27 November 2025

Senate on 3 March 2026]

(117/25)