Defence Amendment (Parliamentary Joint Committee on Defence) Act 2026

No. 5, 2026

An Act to amend the Defence Act 1903, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Defence Act 1903 3

Defence Amendment (Parliamentary Joint Committee on Defence) Act 2026

No. 5, 2026

An Act to amend the Defence Act 1903, and for related purposes

[Assented to 13 March 2026]

The Parliament of Australia enacts:

1 Short title

This Act is the Defence Amendment (Parliamentary Joint Committee on Defence) 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	The day after this Act receives the Royal Assent.	14 March 2026

Note: This table relates only to the provisions of this Act as originally enacted.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.

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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Defence Act 1903

1 Subsection 4(1)

Insert:

AGO means that part of the Department known as the Australian Geospatial-Intelligence Organisation.

ASA means the Australian Submarine Agency.

ASD means the Australian Signals Directorate.

Australian defence agency means the following:

Chair means the Chair of the Committee.

Committee means the Parliamentary Joint Committee on Defence.

Committee member means a member of the Committee, and includes the Chair.

Department of Veterans’ Affairs means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.

DIO means that part of the Department known as the Defence Intelligence Organisation.

head, of an Australian defence agency, means the following:

military organisation of a foreign country: see section 113.

national intelligence community has the same meaning as in the Office of National Intelligence Act 2018.

operationally sensitive information means the following:

protected information means the following:

staff member, of an Australian defence agency, means:

so much of the Department as is not AGO or DIO;

the ADF;

the Department of Veterans’ Affairs;

AGO;

ASD;

DIO;

ASA;

(h) each other Commonwealth entity, or Commonwealth company, (both within the meaning of the Public Governance, Performance and Accountability Act 2013) for which the Minister who administers the Department, or the Minister who administers the Department of Veterans’ Affairs, is responsible.

for the Department—the Secretary;

for the ADF—the Chief of the Defence Force;

for the Department of Veterans’ Affairs—the Secretary of that Department;

for AGO—the Director of AGO;

for ASD—the Director-General of ASD;

for DIO—the Director of DIO;

for ASA—the Director-General of ASA;

for any other Australian defence agency—the head (however described) of that agency.

specific intelligence reports of:

an Australian defence agency; or

an agency in the national intelligence community;

information about sources of information, other operational assistance or operational methods available to:

an Australian defence agency; or

an agency in the national intelligence community;

information provided by, or by an agency of, a foreign government if that government does not consent to the public disclosure of the information;

specific information about military tactics, military techniques or military procedures, including in relation to an active or planned significant operation being conducted by:

an Australian defence agency; or

a military organisation of a foreign country;

specific information about highly sensitive capabilities of:

an Australian defence agency; or

an agency in the national intelligence community; or

iii

a military organisation of a foreign country, or an intelligence agency of a foreign government, if the disclosure of the information could prejudice Australia’s foreign policy interests or intelligence-sharing agreements or arrangements.

operationally sensitive information;

information that would or might prejudice:

Australia’s national security or the conduct of Australia’s foreign relations; or

the performance by an Australian defence agency, or by an agency in the national intelligence community, of its functions;

naval nuclear propulsion information;

information relating to an inquiry or investigation by the Inspector-General ADF that is being conducted.

an employee of the agency; or

a consultant or contractor to the agency; or

a person who is made available by another Commonwealth agency, by a State authority or by another person, to perform services for the agency; or

if the agency is the ADF—a Member.

2 After Part VIIIA

Insert:

110AAA Simplified outline of this Part

A Parliamentary Joint Committee on Defence is to be established for each Parliament.

The Committee is to have general oversight of Australian defence agencies, other than AGO, ASD and DIO.

The Committee may require certain persons to brief the Committee, and to give evidence and produce documents, to enable the Committee to perform its functions.

Certain kinds of sensitive information cannot be disclosed to the Committee. There are also restrictions on the information the Committee can disclose or report.

110ABA Parliamentary Joint Committee on Defence 1

As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Defence, is to be appointed according to the practice of the Parliament.

The Committee is to consist of up to 13 Committee members and must include at least:

2 Senators who are Government members; and

2 members of the House of Representatives who are Government members; and

2 Senators who are non-Government members; and

2 members of the House of Representatives who are non-Government members.

A majority of the Committee’s members, but no more than 7, must be Government members.

Note: For more detailed provisions on the appointment of Committee members, see Division 5.

110ABB Functions of the Committee 1

The Committee has the following functions:

to review the administration and expenditure of Australian defence agencies, including their annual reports;

to consider white papers, reviews and other policy documents dealing with the strategies, planning and contingencies of Australian defence agencies;

to scrutinise Australia’s defence capability development, acquisitions and sustainment;

to consider matters relating to defence personnel and veterans’ affairs;

to examine and be appraised of war or warlike operations, including ongoing conflicts;

to monitor the involvement of Australian defence agencies in significant non-conflict operations domestically and internationally;

(g) to monitor and review the implementation of the Australian Government’s response to the findings of any Royal Commission (within the meaning of the Royal Commissions Act 1902) that inquires into a matter relating to the defence of Australia, the Department, the ADF or another Australian defence agency;

to consider the operations, resources, independence and performance of the Inspector-General ADF;

to consider the operations, resources, independence and performance of the Australian Naval Nuclear Power Safety Regulator;

to inquire into matters referred to the Committee by:

a Minister; or

a resolution of either House of the Parliament;

on the Committee’s own initiative—to inquire into other matters relating to one or more Australian defence agencies;

to report on its findings on a matter to:

if the report relates to matters referred to the Committee by a Minister—that Minister; or

in every case—the Minister and to each House of the Parliament;

to do anything incidental or conducive to the performance of the above functions.

Note 1: For the purposes of paragraph (c), an example is scrutiny of the Department’s 2016 Integrated Investment Program (which in 2025 could be viewed on the Department’s website (http://www.defence.gov.au)).

Note 2: For the purposes of paragraph (h), the functions of the Inspector-General ADF are set out in section 110C.

Note 3: For the purposes of paragraph (i), the functions of the Australian Naval Nuclear Power Safety Regulator are set out in Australian Naval Nuclear Power Safety Act 2024.section 102 of the

Note: While, for example, the Committee cannot review the expenditure or administration of AGO, ASD or DIO, the Committee can request the heads of those agencies to brief the Committee about matters covered by subsection (1): see section 110ACB.

A reference in subsection (1) to an Australian defence agency does not include a reference to AGO, ASD or DIO.

The functions of the Committee do not include:

directing the activities of an Australian defence agency or the Inspector-General ADF; or

doing anything in relation to a matter that is within the functions of the Parliamentary Joint Committee on Intelligence and Security.

110ACA Committee must not require certain information to be disclosed

The Committee must not require a person to disclose protected information to the Committee unless:

(a) the information is of a kind referred to in paragraph (a), (b) or (c) of the definition of protected information in subsection 4(1); and

the disclosure of the information is specifically authorised for the purposes of this section by:

if subparagraph (ii) does not apply—the Minister; or

(ii) if the information originates from a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is not an Australian defence agency—the Minister who is responsible for the entity.

110ACB Committee may request briefings

For the purpose of performing its functions, the Committee may request the following people to brief the Committee:

the head of an Australian defence agency;

the Inspector-General ADF;

the Director-General of National Intelligence.

110ACC Power to obtain information and documents from persons outside of briefing agencies 1

This section applies if the Committee has reasonable grounds to believe that a person is capable of giving evidence or producing documents relevant to a matter in respect of which the Committee is performing one or more of its functions.

The Chair or another Committee member authorised by the Committee may, by notice in writing, require the person to:

appear before the Committee to give evidence; or

produce the documents to the Committee.

The notice must specify:

the day on which, and the time and place at which, the person is required to appear or to produce the documents (which must not be less than 5 days after the day on which the notice is given to the person); and

the nature of the evidence or documents to be provided to the Committee, and, in the case of documents, the form in which they are to be provided.

A notice under this section must not be given to:

the head of an Australian defence agency; or

a staff member of an Australian defence agency; or

the Inspector-General ADF; or

a member of the staff assisting the Inspector-General ADF; or

a person engaged under subsection 110O(2) as a consultant to, or to perform services for, the Inspector-General ADF.

The Commonwealth must pay a person who is required by a notice under this section to appear before the Committee such allowances for the person’s travelling and other expenses as are prescribed by the regulations.

110ACD Power to obtain information or documents from briefing agencies 1

This section applies if the Committee has reasonable grounds to believe that the head of an Australian defence agency is capable of giving evidence or producing documents relevant to a matter in respect of which the Committee is performing one or more of its functions.

The Chair or another Committee member authorised by the Committee may, by notice in writing, require the agency head to:

appear before the Committee to give evidence; or

produce the documents to the Committee.

The notice must specify:

the day on which, and the time and place at which, the agency head is required to appear or to produce the documents (which must not be less than 5 days after the day on which the notice is given to the agency head); and

the nature of the evidence or documents to be provided to the Committee, and, in the case of documents, the form in which they are to be provided.

The evidence is to be given by:

if the agency head nominates a staff member of the agency to give the evidence—the staff member or both the staff member and the agency head; or

otherwise—the agency head.

110ACE Certificates by Ministers

Circumstances in which certificate may be given

whether or not the person is required to do so under section 110ACC or 110ACD; and

the Minister may give to the presiding Committee member a certificate stating that action.

whether or not the person is required to do so under section 110ACC or 110ACD; and

that Minister may give to the presiding Committee member a certificate stating that action.

Actions that may be stated in certificate

Other things that certificate must specify

Committee must comply with certificate

Other matters

If:

a person:

is about to give, or is giving, evidence to the Committee; or

is about to produce a document to the Committee;

the Minister is of the opinion that one of the actions set out in subsection (4) should happen in order to prevent the person from disclosing protected information;

If:

a person:

is about to give, or is giving, evidence to the Committee; or

is about to produce a document to the Committee;

the person is:

(i) the head (however described) of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is not an Australian defence agency (a relevant entity); or

an employee of a relevant entity; or

iii

any other person engaged by a relevant entity, under contract or otherwise, to perform duties or functions, or to exercise powers, of the entity; and

the Minister who is responsible for that relevant entity is of the opinion that one of the actions set out in subsection (4) should happen in order to prevent the person from disclosing protected information;

A Minister may give a certificate under subsection (2) in relation to a person whether or not a certificate is given under subsection (1) in relation to that person.

For the purposes of paragraphs (1)(b) and (2)(c), the actions are as follows:

the person (not being the head of an Australian defence agency) should not give evidence before the Committee;

the person should not give evidence before the Committee relating to one or more matters;

if the person has commenced to give evidence before the Committee:

the person should not continue to give evidence before the Committee; or

the person should not give, or continue to give, evidence relating to a particular matter before the Committee;

the person should not produce one or more particular documents to the Committee;

the person should not produce documents to the Committee:

of a particular kind; or

about one or more matters.

A certificate given under subsection (1) or (2) must also specify:

if paragraph (4)(b) or subparagraph (4)(c)(ii) or (e)(ii) applies—the matters referred to in that paragraph or subparagraph; and

if subparagraph (4)(e)(i) applies—the kind of documents referred to in that paragraph.

The Committee must comply with a certificate given under subsection (1) or (2) in relation to a person.

A Minister who gives a certificate under subsection (1) or (2) in relation to a person must give a copy of the certificate to:

the President of the Senate; and

the Speaker of the House of Representatives; and

the person.

A decision of a Minister under subsection (1) or (2) must not be questioned in any court or tribunal.

110ACF Evidence 1

The Committee may take evidence on oath or affirmation.

The presiding Committee member may administer an oath or affirmation to a witness appearing before the Committee.

The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.

(4) To avoid doubt, the Committee is not to be taken to be an Australian court for the purposes of the Evidence Act 1995.

110ACG Publication of evidence or contents of documents 1

Subject to this section, the Committee may disclose or publish, or authorise the disclosure or publication of:

any evidence taken by the Committee; or

the contents of any document produced to the Committee.

Evidence when proceedings conducted in private

Evidence that involves protected information

Interaction with other Acts

If the evidence is taken, or the document is produced, in proceedings conducted in private, the Committee must not disclose or publish, or authorise the disclosure or publication of, the evidence or the contents of the document without the written authority of:

if the person who gave the evidence or produced the document is a staff member of an Australian defence agency—the head of the Australian defence agency; or

otherwise—the person who gave the evidence or produced the document.

Subsection (2) does not apply:

if the evidence, or the contents of the document, have already been lawfully disclosed or published; or

in relation to a matter of which the Committee has become aware otherwise than because of the giving of any evidence before, or the production of any document to, the Committee.

The Committee must not disclose or publish, or authorise the disclosure or publication of, the evidence or the contents of the document if:

(a) the disclosure or publication would disclose information of a kind referred to in paragraph (a), (b) or (c) of the definition of protected information in subsection 4(1) and the disclosure of the information is not specifically authorised for the purposes of this section by:

if subparagraph (ii) does not apply—the Minister; or

(ii) if the information originated from a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is not an Australian defence agency—the Minister who is responsible for the entity; or

(b) the disclosure or publication would disclose information of a kind referred to in paragraph (d) of the definition of protected information in subsection 4(1).

The Committee must obtain the advice of the Minister, and any other Minister responsible for an entity from which the information concerned originated, as to:

whether the disclosure or publication might disclose protected information; and

(b) if the information is of a kind referred to in paragraph (a), (b) or (c) of the definition of protected information in subsection 4(1)—whether the disclosure of the information has been specifically authorised as referred to in paragraph (4)(a) of this section.

(6) This section has effect despite Parliamentary Papers Act 1908.section 2 of the

(7) If the evidence, or the contents of the document, are disclosed or published under this section, Parliamentary Papers Act 1908 applies to the disclosure or publication as if it were a publication under an authority given under section 2 of that Act.section 4 of the

110ACH Restrictions on disclosure to Parliament 1

The Committee must not disclose protected information in a report to a House of the Parliament unless:

(a) the information is of a kind referred to in paragraph (a), (b) or (c) of the definition of protected information in subsection 4(1); and

the disclosure of the information is specifically authorised for the purposes of this section by:

if subparagraph (ii) does not apply—the Minister; or

The Committee must obtain the advice of the Minister, and any other Minister responsible for an entity from which the information concerned originated, as to:

whether the disclosure of any part of a report of the Committee would or might disclose protected information; and

The Committee must not present a report of the Committee to a House of the Parliament if a Minister referred to in subsection (2) has advised that:

the report or a part of the report would or might disclose protected information; and

(b) if the information is of a kind referred to in paragraph (a), (b) or (c) of the definition of protected information in subsection 4(1)—the disclosure of the information has not been specifically authorised as referred to in paragraph (1)(b) of this section.

110ACI Continuance of evidence 1

If:

any evidence or document about a matter has been taken by or produced to the Committee as constituted at a time; and

before the Committee reports on the matter:

the Committee as so constituted ceases to exist; or

the constitution of the Committee changes;

the Committee as constituted at a later time, whether during the same or another Parliament, may consider the evidence or document as if the evidence or document had been taken by or produced to it.

Section 110ACG applies to the later Committee as if the evidence or document had been taken or produced to that Committee.

Section 110ADA applies to each Committee member of the later Committee as if the evidence or document had been taken or produced to that Committee.

110ADA Publishing or disclosing evidence or documents 1

A person (including a Committee member) commits an offence if:

the person discloses or publishes any evidence taken by, or the contents of any document produced to, the Committee in proceedings conducted in private; and

the disclosure or publication is not authorised in writing by:

if the person who gave the evidence or produced the document is a staff member of an Australian defence agency—the head of the Australian defence agency; or

otherwise—the person who gave the evidence or produced the document; and

the disclosure or publication is of evidence, or is of the contents of a document, that has not already been lawfully disclosed or published.

Note: This offence may be committed by persons who are present at proceedings conducted in private because of a direction given by the Committee under subsection 110AEH(4).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Subsection (1) does not apply to the disclosure or publication if the person became aware of the information in the evidence or document otherwise than because of the giving of any evidence before, or the production of any document to, the Committee.

(3) Subsection (1) has effect despite Parliamentary Papers Act 1908.section 2 of the

110ADB Failure to attend when required by notice 1

A person (including the head, or a staff member, of an Australian defence agency) commits an offence if:

the person has been given a notice requiring the person to appear before the Committee; and

the person:

fails to attend as required by the notice; or

fails to appear and report from day to day; and

the person has not been excused or released from further attendance by the Committee.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Subsection (1) applies to a staff member who is nominated by the head of an Australian defence agency under subsection 110ACD(4) to appear before the Committee to give evidence, as if the staff member had been given a notice to appear before the Committee.

110ADC Failure to take an oath, make an affirmation or answer a question 1

A person (including the head, or a staff member, of an Australian defence agency) commits an offence if:

the person has been given a notice requiring the person to appear before the Committee; and

the person:

fails to take an oath or make an affirmation when required to do so; or

fails to answer a question that the Committee requires the person to answer; and

if subparagraph (b)(ii) applies—a certificate has not been given under section 110ACE in respect of the matter to which the question relates.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Subparagraph (1)(b)(ii) does not apply if the answer to the question would tend to incriminate the person.

110ADD Failure to comply with notice to produce 1

A person (including the head, or a staff member, of an Australian defence agency) commits an offence if:

the person has been given a notice requiring the person to produce a document to the Committee; and

the person fails to comply with the notice; and

a certificate has not been given under section 110ACE in respect of the document.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Subsection (1) does not apply if the producing of the document would tend to incriminate the person.

110ADE Giving false or misleading evidence

A person commits an offence if the person:

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

gives evidence to the Committee; and

does so knowing that the evidence is false or misleading in a material particular.

110ADF Protection of witnesses 1

A person commits an offence if:

the person causes or threatens to cause any detriment to another person; and

the person does so with the intention that the other person or a third person will:

not attend as a witness before the Committee; or

give false evidence or a falsified document to the Committee; or

iii

withhold true evidence or a document from the Committee.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

A person commits an offence if:

the person otherwise improperly influences another person; and

the person does so with the intention that the other person or a third person will:

not attend as a witness before the Committee; or

give false evidence or a falsified document to the Committee; or

iii

withhold true evidence or a document from the Committee.

A person commits an offence if:

the person causes or threatens to cause any detriment to another person; and

the person does so because the other person or a third person:

appeared before the Committee; or

produced a document to the Committee.

110ADG Secrecy 1

A person commits an offence if:

the person is or has been:

a Committee member; or

a member of the staff of the Committee; or

iii

a member of the staff of a Committee member; and

the person directly or indirectly:

makes a record of, or discloses or communicates to a person, any information acquired because of holding that office or employment; or

produces to a person a document provided to the Committee for the purposes of enabling the Committee to perform its functions; and

the person does so not for the purposes of enabling the Committee to perform its functions.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

produce includes permit access to.

A person who is or has been covered by paragraph (1)(a) must not be required to:

produce in a court a document of which the person has custody, or to which the person has access, because of holding that office or employment; or

disclose or communicate to a court any information obtained by the person because of holding that office or employment.

In this section:

110ADH Prosecution of offences

A prosecution for an offence against this Division can be instituted only by the Attorney-General or with the Attorney-General’s consent.

110AEA Appointment of Committee members

Appointment from the House of Representatives

Appointments from the Senate

Consideration of composition of Committee

Persons not eligible for appointment

The Committee members who are members of the House of Representatives must be appointed by resolution of the House on the nomination of the Prime Minister.

Before nominating the members, the Prime Minister must consult with the Leader of each recognised political party that is represented in the House and does not form part of the Government.

The Committee members who are Senators must be appointed by resolution of the Senate on the nomination of the Leader of the Government in the Senate.

Before nominating the members, the Leader of the Government in the Senate must consult with the Leader of each recognised political party that is represented in the Senate and does not form part of the Government.

In nominating the members, the Prime Minister and the Leader of the Government in the Senate must have regard to the desirability of ensuring that the composition of the Committee reflects the representation of recognised political parties in the Parliament.

A person is not eligible for appointment as a Committee member if the person is:

a Minister; or

the President of the Senate; or

the Speaker of the House of Representatives.

110AEB Term of office 1

A Committee member holds office during the pleasure of the House of the Parliament by which the Committee member was appointed.

A Committee member ceases to hold office as a Committee member:

subject to subsection 110AEE(2), when the House of Representatives expires by the passing of time or is dissolved; or

if the person becomes:

a Minister; or

the President of the Senate; or

iii

the Speaker of the House of Representatives; or

if the person ceases to be a member of the House of the Parliament by which the person was appointed; or

if the person resigns the office.

Resignation

Vacancies

A Committee member who is a Senator may resign the Committee member’s office by giving a signed notice of resignation to the President of the Senate.

A Committee member who is a member of the House of Representatives may resign the Committee member’s office by giving a signed notice of resignation to the Speaker of the House of Representatives.

Either House of the Parliament may appoint one of its members to fill a vacancy among the Committee members appointed by that House.

110AEC Chair 1

There must be a Chair of the Committee, who must be a Government member elected by the Committee members from time to time.

The Chair holds office during the pleasure of the Committee.

A person holding office as Chair ceases to hold the office if:

the person ceases to be a Committee member; or

the person resigns the office.

A person holding office as Chair may resign the office by giving a signed notice of resignation to a meeting of the Committee.

110AED Deputy Chair 1

There must be a Deputy Chair of the Committee, who must be a Committee member elected by the Committee members from time to time.

The Deputy Chair holds office during the pleasure of the Committee.

A person holding office as Deputy Chair ceases to hold the office if:

the person ceases to be a Committee member; or

the person resigns the office.

A person holding office as Deputy Chair may resign the office by giving a signed notice of resignation to a meeting of the Committee.

110AEE Meetings 1

The Committee may, subject to subsection (3), meet physically or using virtual meeting technology:

as the Committee decides by resolution; or

subject to a resolution of the Committee, as the Chair decides.

Note: The Committee may resolve that certain other members of the Parliament, who are not Committee members, may attend particular meetings, briefings or activities of the Committee. When so attending, these other members of the Parliament are not doing so as Committee members.

Presiding at meetings

the Committee members present are to appoint a Government member to preside.

then:

Minutes

The Committee may meet and transact business even though the Parliament has been prorogued.

If classified information may be discussed at meetings, the Chair must obtain and follow the advice of the following regarding the suitability of the security arrangements for such meetings (including the security arrangements for virtual meeting technology):

if the information is produced by, or originates from, an Australian defence agency—the head of that agency;

if the information is produced by, or originates from, an agency in the national intelligence community—the head (however described) of that agency.

The Chair must preside at all meetings of the Committee at which the Chair is present.

If:

the Chair is not present at a meeting of the Committee; and

either:

the meeting is one at which a question is to be decided by voting, or could reasonably be expected to be so decided; or

throughout a continuous period of more than one month immediately preceding the day of the meeting, the Chair was absent from duty or from Australia, or was for any reason unable to perform the duties of the office as Chair;

If:

the Chair is not present at a meeting of the Committee; and

the Committee members are not required by subsection (5) to appoint a Government member to preside;

if the Deputy Chair is present at the meeting—the Deputy Chair is to preside; or

if the Deputy Chair is not present at the meeting—the Committee members present are to appoint a Committee member to preside.

A Committee member who presides at a meeting of the Committee under subsection (5) or (6) may exercise, in relation to the meeting and any matter arising out of the meeting, any of the powers of the Chair.

The Committee must keep minutes of its proceedings.

110AEF Quorum 1

At a meeting of the Committee, a quorum is constituted if:

at least 6 Committee members are present; and

subject to subsection (2), a majority of the Committee members present are Government members.

There may be an equal number of Government members and non-Government members if the presiding Committee member is a Government member.

110AEG Voting at meetings 1

A question arising at a meeting of the Committee is to be decided by a majority of the votes of the Committee members present and voting.

The presiding Committee member has a deliberative vote and, if the votes are equal, a casting vote.

110AEH Proceedings 1

The proceedings of the Committee are to be conducted in the manner determined by the Committee.

The Committee must not conduct proceedings in public without the Minister’s approval.

However, the Minister’s approval is not required for conducting a review in public about:

the annual report of the Department; or

the annual report of the Department of Veterans’ Affairs.

Note: The usual secrecy requirements in this Part would apply to such a review (for example, the requirements in sections 110ACA and 110ACE).

Note: A person who is present at proceedings conducted in private because of a direction given by the Committee under subsection (4) may commit an offence if the person publishes or discloses certain evidence or documents: see section 110ADA.

At proceedings conducted in private, the Committee may give directions as to the persons who may be present. In giving such directions, the Committee must have regard to security requirements and any other matters the Committee thinks fit.

110AEI Staff of the Committee must be cleared for security purposes

Each member of the staff of the Committee must be cleared for security purposes at least at a level and frequency:

appropriate for access to information and systems at the classification that the staff member requires, in accordance with government policy in relation to protective security; and

acceptable to the head of each Australian defence agency.

110AEJ Protection of information and documents 1

The Committee must make arrangements acceptable to the following for the security of any information held, and any records made, by the Committee:

if the information was produced by, or originated from, an Australian defence agency, or the record relates to such information—the head of that agency;

if the information was produced by, or originated from, an agency in the national intelligence community, or the record relates to such information—the head (however described) of that agency.

The Committee must ensure that any documents having a national security classification provided to the Committee are returned as soon as possible after the Committee members have examined them.

110AEK Annual report

As soon as practicable after the end of each financial year, the Committee must give to the Parliament a report on the activities of the Committee during the year.

110AFA Subcommittees

Establishment

Membership

Reporting

Sitting times

The Committee may appoint one or more subcommittees to inquire into and report to the Committee in relation to such matters concerning the Committee as the Committee directs.

A subcommittee must consist of at least 3 of the Committee’s members.

The Chair and Deputy Chair of the Committee are ex officio members of each subcommittee.

A subcommittee must report in writing to the Committee as soon as practicable on each matter referred to that subcommittee by the Committee.

A subcommittee may sit at any time, including at a time when the Committee is sitting.

110AFB Term of office 1

A member of a subcommittee holds office during the pleasure of the Committee.

A member of a subcommittee ceases to hold office if:

the person ceases to be a Committee member; or

the person resigns the office.

A member of a subcommittee may resign the member’s office by giving a signed notice of resignation to the Chair of the Committee.

110AFC Operation of subcommittees 1

The Committee may elect a Chair and Deputy Chair for each subcommittee.

Subject to this section, a subcommittee may determine matters relating to the operation of the subcommittee.

If the Chair of the Committee gives a direction to a subcommittee in relation to the operation of the subcommittee, the subcommittee must operate in accordance with the direction.

At a meeting of a subcommittee, 3 members of that subcommittee, including at least one Government member and one non-Government member, constitute a quorum.

Any member of the Committee may participate in the proceedings of a subcommittee. However, only members of that subcommittee may vote or move a motion.

110AFD Application of provisions of this Part to subcommittees

Division 3 (other than section 110ACB) and Division 4 of this Part, and sections 110AEH to 110AEJ, apply to a subcommittee appointed under section 110AFA as if:

references to the Committee included references to the subcommittee; and

references to the Chair or Deputy Chair of the Committee included references to the Chair or Deputy Chair of the subcommittee.

3 Transitional—first Committee 1

A Committee to be known as the Parliamentary Joint Committee on Defence is to be established after the commencement of this item for the current Parliament.

(2) The Defence Act 1903 (as amended by this Schedule) applies to this Committee as if it were a Committee established under section 110ABA of that Act.

[Minister’s second reading speech made in—

House of Representatives on 8 October 2025

Senate on 6 November 2026]

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