Federal Register of Legislation - Australian Government

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SLI 2005 No. 45 Regulations as made
These Regulations amend the Australian Military Regulations 1927 to ensure that certain military judicial officers are not subject to command and control in respect of the exercise of their judicial functions.
Administered by: Defence
Registered 29 Mar 2005
Tabling HistoryDate
Tabled HR10-May-2005
Tabled Senate10-May-2005
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Act 1903.

Dated 23 March 2005

P. M. JEFFERY

Governor-General

By His Excellencys Command

DE-ANNE KELLY


1 Name of Regulations

These Regulations are the Australian Military Amendment Regulations 2005 (No. 1).

2 Commencement

These Regulations commence on the day after they are registered.

3 Amendment of Australian Military Regulations 1927

Schedule 1 amends the Australian Military Regulations 1927.


Schedule 1 Amendments

(regulation 3)

[1] Subregulation 583 (1)

omit

connexion

insert

connection

[2] After subregulation 583 (3)

insert

(4) Subregulations (1) and (2) do not apply to the appointment of an officer under the Defence Force Discipline Act 1982 as:

(a) a Defence Force magistrate; or

(b) a judge advocate; or

(c) a legal officer for the purposes of paragraph 154 (1) (a) of that Act.

(5) Subregulation (3) does not apply to the command of an officer of the Australian Army Legal Corps appointed under the Defence Force Discipline Act 1982 as:

(a) a Defence Force magistrate; or

(b) a judge advocate; or

(c) a legal officer for the purposes of paragraph 154 (1) (a) or (b) of that Act;

in the performance of judicial duties.

[3] Regulation 585

omit

An officer

insert

(1) An officer

[4] Regulation 585

insert

(2) Subregulation (1) does not apply to the performance of judicial duties by an officer appointed under the Defence Force Discipline Act 1982 as:

(a) a Defence Force magistrate; or

(b) a judge advocate; or

(c) a legal officer for the purposes of subsection 154 (1) of that Act.


Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.