Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Military Justice (Interim Measures) Act (No. 1) 2009, and for related purposes
Administered by: Defence
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 16 May 2011
Introduced HR 12 May 2011
Table of contents.

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Military Justice (Interim Measures) Amendment Bill 2011

 

No.      , 2011

 

(Defence)

 

 

 

A Bill for an Act to amend the Military Justice (Interim Measures) Act (No. 1) 2009, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Military Justice (Interim Measures) Act (No. 1) 2009                                          3

 


A Bill for an Act to amend the Military Justice (Interim Measures) Act (No. 1) 2009, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Military Justice (Interim Measures) Amendment Act 2011.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Military Justice (Interim Measures) Act (No. 1) 2009

1  Subparagraph 2(3)(a)(i) of Schedule 3

Omit “2 years”, substitute “4 years”.

2  Subparagraph 2(3)(a)(ii) of Schedule 3

Repeal the subparagraph, substitute:

                             (ii)  if a day before the end of that 4 year period is declared to be the termination day under item 8 of this Schedule—for the period beginning on the commencement day and ending at the beginning of the termination day; and

3  Subitem 3(1) of Schedule 3

Repeal the subitem, substitute:

(1)       This item applies in relation to the person who was taken to have been appointed as the Chief Judge Advocate by force of item 2 of this Schedule, if:

                     (a)  a day before the end of the 4 year period referred to in subparagraph (3)(a)(i) of that item is declared to be the termination day under item 8 of this Schedule; and

                     (b)  the person’s appointment by force of item 2 of this Schedule continued to be in force immediately before the termination day.

4  Subitems 3(3) and (4) of Schedule 3

Omit “the office of Chief Judge Advocate ceases to exist”, substitute “the termination day”.

5  Subparagraph 4(3)(a)(i) of Schedule 3

Omit “2 years”, substitute “4 years”.

6  Subparagraph 4(3)(a)(ii) of Schedule 3

Repeal the subparagraph, substitute:

                             (ii)  if a day before the end of that 4 year period is declared to be the termination day under item 8 of this Schedule—for the period beginning on the commencement day and ending at the beginning of the termination day; and

7  Subitem 5(1) of Schedule 3

Repeal the subitem, substitute:

(1)       This item applies in relation to a person who was taken to have been appointed as a member of the judge advocates’ panel by force of item 4 of this Schedule, if:

                     (a)  a day before the end of the 4 year period referred to in subparagraph (3)(a)(i) of that item is declared to be the termination day under item 8 of this Schedule; and

                     (b)  the person’s appointment by force of item 4 of this Schedule continued to be in force immediately before the termination day.

8  Subitems 5(3) and (4) of Schedule 3

Omit “the judge advocates’ panel ceases to exist”, substitute “the termination day”.

9  At the end of Schedule 3

Add:

8  Minister may declare a termination day

(1)       The Minister may declare, in writing, a specified day to be the termination day for the purposes of this Schedule. The day must be after the day the declaration is made and before the end of the 4 year period beginning on the commencement day.

(2)       A declaration made under subitem (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the declaration.