Defence Force (Miscellaneous Provisions) Act 1982 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—CONSEQUENTIAL AMENDMENTS
3. Principal Act
4. Interpretation
5. Schedule 1
6. Principal Act
7. Interpretation
8. Application of Defence Act
9. Application of Air Force Act
10. Regulations
11. Principal Act
12. Title
13. Short title
TABLE
OF PROVISIONS—
Section
14. Interpretation
15. Defence Force Discipline Appeal Tribunal
16. Constitution of Tribunal
17. Qualification of members
18. Insertion of new sections-
8a. Appointment of Judge as member of Tribunal not to affect tenure, &c.
8b. Arrangement for appointment of the holder of a judicial office of a State or the Northern Territory
19. Oath or affirmation of allegiance
20. Insertion of new section—
15a. Reserved decision
21. Single member may determine certain matters
22. The Registrar
23. Repeal of Divisions 1 and 2 of Part III and substitution of new Divisions—
20. Appeals to Tribunal
21. Time for lodging appeals, &c.
22. Frivolous and vexatious appeals
23. Quashing of conviction, &c.
24. New trial
25. Custody of person pending new trial
26. Substitution of conviction for alternative offence
24. Supplementary powers
25. Repeal of sections 35 and 36 and substitution of new sections—
35. Warrants
36. Tribunal may obtain reports to assist in determination of appeals
26. Costs
27. Repeal of section 38 and substitution of new section—
38. Restitution orders and reparation orders
28. Repeal of sections 41 and 42 and substitution of new sections—
41. Person deemed to have been acquitted
42. Defence of appeals
29. Punishment of members of Defence Force for offences against this Part
30. Repeal of Part V and substitution of new Part—
PART V—REFERENCES AND APPEALS FROM THE TRIBUNAL TO THE FEDERAL COURT OF AUSTRALIA
51. Reference of questions of law to Federal Court of Australia
52. Appeal to Federal Court of Australia from decisions of the Tribunal
53. Custody orders and sending of documents to the Federal Court of Australia
54. Record of proceedings of Tribunal to be kept
31. Effect of this Act on Royal prerogative of mercy
32. Regulations
33. Schedule
34. Amendments relating to penalties
35. Transitional
36. Appeal rights of persons convicted before commencement of this Act and of certain other persons
37. Principal Act
38. Aiders and abettors
TABLE
OF PROVISIONS —
Section
39. Principal Act
40. Interpretation
41. Application of Act
42. State Acts to cease to apply
43. Administration of Defence Force
44. Promotion for distinguished service
45. Delegation of power to make appointments and promotions
46. Preference to be given to persons who have served in the ranks
47. Appointments do not create civil contract
48. Adjustment of ranks after war service
49. Promotion of returned officers
50. Application of certain regulations
51. Repeal of Division 4 of Part III
52. Repeal of section 73 and substitution of new section—
73. Aiding or abetting commission of service offence within the meaning of the
Defence Force Discipline Act 198253. Repeal of section 73b and substitution of new section—
73b. Forging or uttering warrants or orders
54. Penalty
55. Repeal of sections 74 and 75
56. Offences relating to desertion
57. Absence for more than 7 days deemed to be desertion
58. Repeal of Part VIII and substitution of new Part—
PART VIII—OFFENCES IN RELATION TO SERVICE TRIBUNALS
86. Failure of witness to appear
87. Refusal to be sworn or to answer questions
88. False or misleading evidence
89. Contempt of service tribunals, &c.
90. Failure to comply with order under section 140 of the
Defence Force Discipline Act 198259. Repeal of sections 101 to 110a (inclusive)
60. Repeal of sections 112 to 116 (inclusive)
61. Repeal of sections 117 and 117a
62. Employer not to prevent employee from serving
63. Proof of order
64. Police to aid in arrest of deserters
65. Repeal of sections 123bb and 123bc
66. Regulations
67. Admission of students, &c.
68. Repeal of Schedule 1
69. Principal Act
70. Interpretation
71. Principal Act
72. Application to visiting forces of law relating to Defence Force
73. Principal Act
74. Interpretation
75. Punishment of grave breaches of Conventions
76. Offences in Australia not triable by court-martial
77. Appeals by protected prisoners of war and internees
TABLE
OF PROVISIONS—
Section
78. Principal Act
79. Interpretation
80. Application of Defence Act
81. Promotion for distinguished service
82. Delegation of power to make appointments and promotions
83. Application of Naval Discipline Act and Queen’s Regulations
84. Repeal of sections 44 and 44a
85. Regulations
PART III TRANSITIONAL PROVISIONS
86. Interpretation
87. Part to be incorporated with
Defence Force Discipline Act 198288. Pending proceedings before service tribunals on the trial of a charge
89. Proceedings (other than trial proceedings) before commanding officer under previous service law
90. Review under previous service law
91. Punishments or orders under previous service law
92. Warrants issued before proclaimed date for old system offences to continue in force
93. Person in custody under previous service law immediately before proclaimed date
94. Dissolution of court martial under previous service law
95. Operation of Administrative Decisions (Judicial Review) Act
96. Operation of Acts Interpretation Act
97. Regulations
SCHEDULE
AMENDMENTS OF THE COURTS-MARTIAL APPEALS ACT 1955 RELATING TO PENALTIES
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“(o) decisions under the
Defence Force Discipline Act 1982 (including decisions under theCriminal Investigation Act 1982 as it applies under Part VI of the first-mentioned Act to the investigation of service offences).”.
(a) by omitting from sub-section (1) the definitions of “air force court-martial” and “air force law”;
(b) by omitting from sub-section (1) the definition of “appellant” and substituting the following definition:
“‘appellant’ means a person who appeals, or applies for leave to appeal, under this Act to the Tribunal;”;
(c) by inserting after the definition of “Australia” in sub-section (1) the following definitions:
“‘charge’ means a charge of a service offence;
“‘conviction’ means a conviction by a court martial or a Defence Force magistrate;
“‘convicted person’ means a person who has been convicted by a court martial or a Defence Force magistrate;”;
(d) by omitting from sub-section (1) the definition of “court-martial” and substituting the following definitions:
“‘court martial’ means a court martial convened under the
Defence Force Discipline Act 1982;“‘Defence Force magistrate’ means a Defence Force magistrate appointed under section 127 of the
Defence Force Discipline Act 1982;”;(e) by omitting from sub-section (1) the definitions of “military court-martial”, “military law”, “naval court-martial” and “naval law” and substituting the following definitions:
“‘prescribed acquittal’ means an acquittal of a service offence by a court martial or a Defence Force magistrate on the ground of unsoundness of mind;
“‘prescribed acquitted person’ means a person who has been acquitted of a service offence by a court martial or a Defence Force magistrate on the ground of unsoundness of mind;
“‘review’ and ‘reviewing authority’ have the same respective meanings as they have in the
Defence Force Discipline Act 1982;“‘service offence’ has the same meaning as it has in the
Defence Force Discipline Act 1982;”;(f) by omitting from sub-section (1) the definition of “the Naval Discipline Act”;
(g) by omitting “Courts-Martial” from the definition of “the Tribunal” in sub-section (1) and substituting “Defence Force Discipline”; and
(h) by omitting sub-section (2) and substituting the following sub-section:
“(2) For the purposes of this Act, where, in a review under Part IX of the
Defence Force Discipline Act 1982 of the proceedings before a court martial or a Defence Force magistrate, the reviewing authority—(a) substitutes for the conviction of a service offence a prescribed acquittal of that service offence or a conviction of another service offence; or
(b) takes such action in relation to the convicted person as could have been taken under Part IV of that Act by the court martial or the Defence Force magistrate,
the conviction or prescribed acquittal so substituted or the action so taken, as the case may be, shall be deemed to have been made or taken, as the case may be, by the court martial or the Defence Force magistrate.”.
“(3a) A person who has attained the age of 70 years shall not be appointed as a member of the Tribunal and a person shall not be appointed as a member of the Tribunal for a period that extends beyond the day on which he will attain the age of 70 years.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) A person is not qualified to be appointed as President or Deputy President unless he is a Justice or Judge of a federal court or of the Supreme Court of a State or Territory.”; and
(b) by omitting paragraphs (2) (b) and (c) and substituting the following word and paragraph:
“or (b) he is a Judge of a District Court of a State or of a County Court of a State.”; and
(c) by adding at the end thereof the following sub-sections:
“(3) The President or the Deputy President ceases to hold office if he no longer holds office as a Justice or Judge of a federal court or of a Supreme Court of a State or Territory.
“(4) Subject to the last preceding sub-section, a member of the Tribunal ceases to hold office if he no longer holds office as—
(a) a Justice or Judge of a federal court or of a Supreme Court of a State or Territory; or
(b) a Judge of a District Court of a State or of a County Court of a State.”.
“8a. (1) The appointment of the holder of a judicial office as a member of the Tribunal, or service by the holder of a judicial office as a member of the Tribunal whether the appointment was or is made or the service occurred or occurs before or after the commencement of this section, does not affect, and shall be deemed never to have affected, his tenure of that judicial office or his rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office and, for all purposes, his service, whether before or after the commencement of that section, as a member of the Tribunal shall be taken to have been, or to be, service as the holder of that judicial office.
“(2) In this section, ‘judicial office’ means an office of Justice of the High Court or Judge of a court created by the Parliament.
“8b. (1) The Governor-General may, for the purposes of appointing to an office of member of the Tribunal a person who is the holder of a judicial office of a State or of the Northern Territory, enter into such arrangement with the Governor of that State or the Administrator of that Territory, as the case may be, as is necessary to secure that person’s services.
“(2) An arrangement in sub-section (1) may provide for the Commonwealth to reimburse a State or the Northern Territory with respect to the services of the person to whom the arrangement relates.”.
“15a. (1) Where any proceeding, after being fully heard before the Tribunal, is ordered to stand for decision, it is not necessary for all the members before whom it was heard to be present together to declare their opinions thereon but the opinion of any one of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Tribunal.
“(2) In any such case the question shall be decided in the same manner, and the decision of the Tribunal shall have the same force and effect, as if the member whose opinion is so made public had been present at the sitting of the Tribunal and declared his opinion in person.”.
(a) by omitting from paragraph (1) (a) “by a court-martial” and substituting “or a prescribed acquittal”; and
(b) by inserting in paragraph (1) (b) “an appeal or” after “under this Act,”.
“19. (1) There shall be a Registrar of the Tribunal, who shall be appointed by the Attorney-General.
“(2) The Attorney-General may appoint such Deputy Registrars as are necessary.
“(3) The Registrar and a Deputy Registrar shall have respectively such powers, duties and functions as are prescribed.
“(4) The Registrar and
any Deputy Registrar shall be persons appointed or employed under the
“20. (1) Subject to this Act, a convicted person or a prescribed acquitted person may appeal to the Tribunal against his conviction or his prescribed acquittal but an appeal on a ground that is not a question of law may not be brought except by leave of the Tribunal.
“(2) An appeal does not lie to the Tribunal against a prescribed acquittal if, in the proceedings before the court martial or the Defence Force magistrate that resulted in the prescribed acquittal, evidence of the unsoundness of mind of the prescribed acquitted person was adduced by the defence.
“21. (1) An appeal, or an application for leave to appeal, to the Tribunal under this Act—
(a) shall specify the grounds on which the appeal is brought or the leave to appeal is sought; and
(b) shall be lodged with the Registrar, or with such other person as is prescribed, within the appropriate period, or within such further period as the Tribunal, either before or after the expiration of the appropriate period, allows.
“(2) In sub-section (1), ‘appropriate period’, in relation to proceedings before a service tribunal that have resulted in a conviction or a prescribed acquittal, means the period of 30 days commencing immediately after—
(a) the day on which the results of a review under section 152 of the
Defence Force Discipline Act 1982 of the proceedings are notified to the convicted person or the prescribed acquitted person; or(b) the last day of the period of 30 days after the conviction or prescribed acquittal,
whichever is the earlier.
“22. Where—
(a) the Tribunal dismisses an appeal against a conviction or an application for leave to appeal against a conviction; and
(b) it appears to the Tribunal that the appeal or application was frivolous or vexatious,
the Tribunal may order that any punishment of imprisonment or detention imposed on the appellant or applicant in the proceedings in relation to which the appeal or application was brought shall be taken to commence on the day on which the Tribunal dismisses the appeal or application.
“23. (1) Subject to sub-section (5), where in an appeal it appears to the Tribunal—
(a) that the conviction or the prescribed acquittal is unreasonable, or cannot be supported, having regard to the evidence;
(b) that, as a result of a wrong decision on a question of law, or of mixed law and fact, the conviction or the prescribed acquittal was wrong in law and that a substantial miscarriage of justice has occurred;
(c) that there was a material irregularity in the course of the proceedings before the court martial or the Defence Force magistrate and that a substantial miscarriage of justice has occurred; or
(d) that, in all the circumstances of the case, the conviction or the prescribed acquittal is unsafe or unsatisfactory,
it shall allow the appeal and quash the conviction or the prescribed acquittal.
“(2) Subject to sub-section (5), where in an appeal it appears to the Tribunal that there is evidence that—
(a) was not reasonably available during the proceedings before the court martial or the Defence Force magistrate;
(b) is likely to be credible; and
(c) would have been admissible in the proceedings before the court martial or the Defence Force magistrate,
it shall receive and consider that evidence and, if it appears to the Tribunal that the conviction or the prescribed acquittal cannot be supported having regard to that evidence, it shall allow the appeal and quash the conviction or the prescribed acquittal.
“(3) Subject to sub-section (5), where in an appeal against a conviction it appears to the Tribunal that, at the time of the act or omission the subject of the charge, the appellant was suffering from such unsoundness of mind as not to be responsible, in accordance with law, for that act or omission, the Tribunal shall—
(a) allow the appeal and quash the conviction;
(b) substitute for the conviction so quashed an acquittal on the ground of unsoundness of mind; and
(c) direct that the person be kept in strict custody until the pleasure of the Governor-General is known.
“(4) Where in an appeal it appears to the Tribunal that the court martial or the Defence Force magistrate should have found that the appellant, by
reason of unsoundness of mind, was not able to understand the proceedings against him and accordingly was unfit to stand trial, the Tribunal shall allow the appeal, quash the conviction or prescribed acquittal and direct that the appellant be kept in strict custody until the pleasure of the Governor-General is known.
“(5) The Tribunal shall not quash a conviction under sub-section (3) or (4) if there are grounds for quashing the conviction under sub-section (1) or (2).
“(6) Section 194 of the
“24. Where the Tribunal quashes a conviction, or a prescribed acquittal, of a person of a service offence, the Tribunal may, if it considers that in the interests of justice the person should be tried again, order a new trial of the person for the offence.
“25. Where the Tribunal under section 24 makes an order for the new trial of a person, the Tribunal may make such further orders for the custody of the person pending the new trial as the Tribunal thinks appropriate.
“26. (1) Where the Tribunal quashes the conviction of a person of a service offence (in this section referred to as ‘the original offence’) but considers—
(a) that the court martial or the Defence Force magistrate could in the proceedings have found the person guilty of another service offence, being—
(i) a service offence that is an alternative offence, within the meaning of section 142 of the
Defence Force Discipline Act 1982, in relation to the original offence; or(ii) a service offence with which the person was charged in the alternative and in respect of which the court martial or the Defence Force magistrate did not record a finding; and
(b) that the court martial or the Defence Force magistrate, by reason of its or his finding that the person was guilty of the original offence, must have been satisfied beyond reasonable doubt of facts that prove that the person was guilty of the other service offence,
the Tribunal may substitute for the conviction of the original offence a conviction of the other service offence.
“(2) Where under sub-section (1) the Tribunal substitutes for the conviction of the original offence a conviction of another service offence, the Tribunal may take such action in relation to the convicted person as could have
been
taken under Part IV of the
(a) shall not impose a punishment for that other service offence or make a reparation order with respect to that other service offence unless a punishment was imposed for the original offence or a reparation order was made with respect to the original offence, as the case may be; and
(b) shall not impose a punishment for that other service offence that is more severe than the punishment that was imposed for the original offence and shall not make a reparation order with respect to that other service offence that is for an amount that exceeds the amount of the reparation order that was made with respect to the original offence.
“(3) Where, under sub-section (2), the Tribunal imposes a punishment of imprisonment or detention, that punishment shall, unless the Tribunal otherwise directs, be deemed to have commenced from the time from which it would have commenced if it had been imposed in the proceedings from which the appeal was brought.”.
“35. (1) The Tribunal may, by writing under the hand of a member of the Tribunal, issue any warrant necessary for the enforcement of any action taken in relation to an appellant by the Tribunal.
“(2) Section 170 of the
“36. Where, upon the hearing of an appeal under this Act against a conviction or a prescribed acquittal by a court martial or a Defence Force magistrate, the Tribunal thinks it necessary or expedient in the interests of justice to do so, the Tribunal may direct such steps to be taken as are necessary to obtain from the person who was the judge advocate of the court martial or from the Defence Force magistrate, a report giving his opinion upon the case, or upon a point arising in the case, or containing a statement as to any facts the ascertainment of which appears to the Tribunal to be material for the purpose of the determination of the appeal.”.
“38. The Tribunal may,
by order, on an appeal against a conviction upon which a restitution order or
reparation order within the meaning of the
(a) if the order is annulled—it does not take effect; or
(b) if the order is varied—it takes effect as varied.”.
“41. For the purposes of
the
(a) where the Tribunal quashes a conviction of a service offence and does not order a new trial of the person for the offence, the person shall be deemed to have been acquitted of the offence; and
(b) where the Tribunal quashes a prescribed acquittal of a person of a service offence and does not give a direction with respect to the person under sub-section 23 (4) or order a new trial of the person for the offence, the person shall be deemed to have been acquitted of the offence without qualification.
“42. A chief of staff shall arrange the undertaking of the defence of an appeal under this Act.”.
“51. (1) The Tribunal may, of its own motion or at the request of the appellant or a chief of staff, refer a question of law arising in a proceeding before the Tribunal, not being a proceeding before a single member exercising the powers of the Tribunal, to the Federal Court of Australia for decision.
“(2) The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it under this section, and that jurisdiction shall be exercised by that Court constituted as a Full Court.
“(3) Where a question of law involved in a decision in respect of a proceeding before the Tribunal has been referred to the Federal Court of Australia under this section, the Tribunal shall not, in that proceeding—
(a) give a decision to which the question is relevant while the reference is pending; or
(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.
“52. (1) An appellant or a chief of staff may appeal to the Federal Court of Australia on a question of law involved in a decision of the Tribunal in respect of an appeal under this Act, not being a decision given by a single member exercising the powers of the Tribunal.
“(2) An appeal under sub-section (1) shall be instituted not later than the twenty-eighth day after the day on which a copy of a document setting out the terms of the decision of the Tribunal is furnished to the person or within such further time as the Federal Court of Australia (whether before or after the expiration of that day) allows.
“(3) The Federal Court of Australia has jurisdiction to hear and determine matters arising under this section with respect to which appeals are instituted in that Court in accordance with this section and that jurisdiction shall be exercised by that Court constituted as a Full Court.
“(4) The Federal Court of Australia shall hear and determine the appeal and may make such order as it thinks appropriate by reason of its decision.
“(5) Without limiting by implication the generality of sub-section (4), the orders that may be made by the Federal Court of Australia on an appeal include—
(a) an order affirming or setting aside the decision of the Tribunal;
(b) an order remitting the case to be heard and decided again by the Tribunal in accordance with the directions of the Court;
(c) an order, granting a new trial by a court martial or a Defence Force magistrate; and
(d) where the Court sets aside a decision of the Tribunal quashing a conviction or quashing a prescribed acquittal—an order reinstating the conviction or the prescribed acquittal, as the case may be.
“53. Where a question of law is referred to the Federal Court of Australia in accordance with section 51 or an appeal is instituted in that Court in accordance with section 52—
(a) the Tribunal may make such orders for the custody of the person to whose conviction or prescribed acquittal that reference or appeal relates as the Tribunal thinks appropriate pending the decision of the Court on the reference or appeal, as the case may be;
(b) the Tribunal shall cause to be sent to that Court all documents and other records relating to the proceeding before the Tribunal to which the reference or appeal relates; and
(c) at the conclusion of the proceeding before the Federal Court of Australia in relation to the reference or appeal, that Court shall cause the documents to be returned to the Tribunal.
“54. A record of proceedings before the Tribunal shall be kept for the purposes of this Part.”.
(a) by omitting paragraph (e); and
(b) by omitting paragraph (g) and substituting the following paragraph:
“(g) for making provision for or in relation to the furnishing to the Tribunal, for the purposes of an appeal, or an application for leave to appeal, under this Act against a conviction or a prescribed acquittal by a court martial or a Defence Force magistrate, of—
(i) a record of the proceedings of the court martial or Defence Force magistrate;
(ii) a record of any review with respect to the proceedings of the court martial or Defence Force magistrate; and
(iii) documents that were before the court martial, Defence Force magistrate or reviewing authority in connection with the proceedings, or the review of the proceedings, as the case may be;”.
(a) before the date of commencement of this Act; or
(b) on or after that date by a court-martial that was convened before that date,
the
“(2) Any act or omission
that constitutes an offence against section 73 of the
(a) by omitting from sub-section (1) the definitions of “Active Service” and “Air Force Act”:
(b) by omitting from sub-section (1) the definition of “Army Act”;
(c) by omitting from sub-section (1) the definition of “Naval, Military or Air Force Offence”;
(d) by omitting from sub-section (1) the definition of “Officer” and substituting the following definition:
“‘Officer’ means—
(a) in relation to the Australian Navy—a person appointed or in pay as an officer of the Australian Navy, including a person who holds the rank in the Australian Navy of Acting Sub-Lieutenant or of Midshipman; or
(b) in relation to the Australian Army or the Australian Air Force—a person appointed or in pay as an officer of the Australian Army or the Australian Air Force;”;
(e) by inserting after the definition of “Service Decoration” in sub-section (1) the following definition:
“‘Service tribunal’ has the same meaning as in the
Defence Force Discipline Act 1982;”;(f) by omitting from sub-section (1) the definition of “The Naval Discipline Act”; and
(g) by omitting from sub-section (1) the definitions of “War Service” and “War Substantive Rank”.
“73. A person (other
than a defence member or a defence civilian within the meaning of the
(a) where the service offence is punishable by a fixed punishment—
(i) if the fixed punishment is imprisonment for life—by imprisonment for life;
(ii) if the fixed punishment is imprisonment or detention for a period—by imprisonment for that period;
(iii) if the fixed punishment is a fine of an amount exceeding $500—by a fine not exceeding the first-mentioned amount; or
(iv) in the case of any other fixed punishment—by a fine not exceeding $500; or
(b) in a case to which paragraph (a) does not apply—
(i) if the maximum punishment for the service offence is imprisonment for life—by imprisonment for life or for any period or by a fine of an amount not exceeding $500;
(ii) if the maximum punishment for the service offence is imprisonment or detention for a period—by imprisonment for a period not exceeding the first-mentioned period or by a fine of an amount not exceeding $500;
(iii) if the maximum punishment for the service offence is a fine of an amount exceeding $500—by a fine of an amount not exceeding the first-mentioned amount; or
(iv) in any other case—by a fine not exceeding $500.”.
“73b. A person who forges or utters,
knowing it to be forged, any warrant or order under this Act or the
“86. A person served
with a summons under the
(a) fail to appear as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or released from further attendance, by the service tribunal.
Penalty: $1,000 or imprisonment for 6 months.
“87. A person appearing as a witness before a service tribunal shall not, without reasonable excuse—
(a) when lawfully required either to take an oath or to make an affirmation, refuse or fail to comply with the requirement;
(b) refuse or fail to answer a question that he is lawfully required to answer; or
(c) refuse or fail to produce a document that he is required to produce by a summons served on him under the
Defence Force Discipline Act 1982.Penalty: $1,000 or imprisonment for 6 months.
“88. A person appearing as a witness before a service tribunal shall not give evidence that, to his knowledge, is false or misleading.
Penalty: $1,000 or imprisonment for 6 months.
“89. (1) A person shall not—
(a) insult a member of a court martial, a judge advocate, a Defence Force magistrate or a summary authority in or in relation to the exercise of his powers or functions as such a member, judge advocate, magistrate or authority, as the case may be;
(b) interrupt the proceedings of a service tribunal;
(c) create a disturbance or take part in creating or continuing a disturbance in or near a place where a service tribunal is sitting; or
(d) do any other act or thing that would, if a service tribunal were a court of record, constitute a contempt of that court.
Penalty: $1,000 or imprisonment for 6 months.
“(2) In this section, ‘court
martial’, ‘judge advocate’, ‘Defence Force magistrate’ and ‘summary authority’
have the same respective meanings as they have in the
“90. A person shall not
contravene or fail to comply with an order under section 140 of the
Penalty: $1,000 or imprisonment for 6 months.”.
(a) by omitting from sub-section (1) “discipline and”;
(b) by omitting from paragraph (1) (a) “discharge, and dismissal” and substituting “reduction in rank and discharge”;
(c) by omitting paragraphs (1) (g), (ga) and (gb);
(d) by omitting from paragraph (1) (qd) “discipline,”; and
(e) by omitting paragraphs (2b) (b) and (c) and substituting the following word and paragraph:
“or (b) proceedings before a service tribunal,”.
(a) by omitting from paragraph (1) (c) “, discipline”; and
(b) by omitting from sub-section (2) all the words after “institution” (first occurring).
(a) by omitting from sub-section (1) the definition of “service tribunal” and substituting the following definition:
“‘service tribunal’ means—
(a) a court martial;
(b) a Defence Force magistrate; or
(c) an officer of the Defence Force exercising jurisdiction summarily in respect of offences committed by members of the Defence Force.”; and
(b) by adding at the end of sub-section (2) the following word and paragraph:
“; and (c) a person who has ceased to be a member of the Defence Force by reason of the operation of a punishment of dismissal from the Defence Force that has been imposed on him by a service tribunal under the
Defence Force Discipline Act 1982 shall be deemed to have been discharged from the Defence Force or from that part of the Defence Force to which he belonged and to have been so discharged by a dishonourable discharge.”.
(a) by omitting from paragraph (1) (a) “, service tribunals of a part of that Force”;
(b) by inserting after paragraph (1) (a) the following paragraphs:
“(aa) service tribunals, within the meaning of the
Defence Force Discipline Act 1982;“(ab) a court of inquiry or a board of inquiry appointed under regulations under the
Defence Act 1903;” and(c) by omitting from sub-section (8) the definition of “service tribunal”.
“‘court’ does not include—
(a) a service tribunal within the meaning of the
Defence Force Discipline Act 1982; or(b) a military court;”.
(a) by omitting from paragraph (4) (a) “death or”; and
(b) by omitting sub-section (5).
(a) by omitting from sub-section (1) “to death or”;
(b) by omitting from sub-section (2) “a sentence of death, or remains”; and
(c) by omitting sub-section (4).
(a) by omitting the definition of “active service”;
(b) by omitting “or made under any other power” from the definition of “regulations”; and
(c) by omitting the definition of “the Naval Discipline Act”.
(a) by omitting from sub-section (1) “discipline and”; and
(b) by omitting from paragraph (1) (b) “receiving instruction or training in or” and substituting “(not being defence members or defence
civilians within the meaning of the
Defence Force Discipline Act 1982)”.
(a) proceedings before a court-martial—
(i) under Part VIII of the Defence Act; or
(ii) under the Naval Discipline Act, the Army Act or the Air Force Act; or
(b) proceedings before an officer—
(i) under regulations in force for the purposes of section 108 of the Defence Act; or
(ii) under the Naval Discipline Act, the Army Act or the Air Force Act.
“Air Force Act”, “Army Act” and “Naval Discipline Act” have the same respective meanings as they had in the Defence Act; and
“Defence Act” means the
Defence Act 1903 as amended and in force immediately before the commencement of this Act.
(a) under previous service law, a commanding officer, after the completion of proceedings before him with respect to an old system
offence, had referred the charge to a convening authority for the convening of a court martial to try the charge; and
(b) a court martial to try the charge had not been convened before the proclaimed date,
the
(a) any proceedings before a service tribunal on the trial of a charge of an offence that have been completed before the proclaimed date; or
(b) any proceedings of a court-martial that are continued under sub-section 88 (2).
(a) the continuation in force, in accordance with its terms, on and after the proclaimed date, of a suspension under, previous service law of a punishment or order imposed or made by a service tribunal or a reviewing authority;
(b) the suspension, on or after the proclaimed date, of a punishment or order imposed or made by a service tribunal or a reviewing authority under the previous law;
(c) the revocation, on or after the proclaimed date, of a suspension referred to in paragraph (a) or (b);
(d) the promulgation, on or after the proclaimed date, of a punishment or order imposed or made by a service tribunal or a reviewing authority that was, in accordance with previous service law, required to be promulgated before it took effect and that has not been so promulgated;
(e) the confirmation, on or after the proclaimed date, of a punishment or order imposed or made by a service tribunal or a reviewing authority that was, in accordance with previous service law, required to be confirmed before it took effect and that has not been so confirmed.
(a) that custody shall be deemed to be custody under that Act;
(b) that custody shall be deemed to have commenced on the proclaimed date; and
(c) if, during that custody, the person had been charged with an old system offence—the charging of that person with that offence shall be deemed to have occurred on the proclaimed date.
(a) a court-martial was dissolved in accordance with previous service law and another court-martial for the trial of the offence concerned had not been convened before the proclaimed date; or
(b) after the proceedings of a court-martial have been continued under previous service law under sub-section 88 (2), the court-martial is dissolved in accordance with that previous service law,
the
(a) decisions under air force law, military law or naval law made before the commencement of this Act; or
(b) decisions under previous service law as continued in force by this Part.
“Judicial Review Act” means the
Administrative Decisions (Judicial Review )Act 1977 as amended and in force immediately before the commencement of this Act;“air force law”, “military law” and “naval law” have the same respective meanings as they had in the Judicial Review Act.
——————
Section 34
AMENDMENTS OF THE COURTS-MARTIAL APPEALS ACT 1955 RELATING TO PENALTIES
Provision amended | Omit— | Substitute— |
Section 43.................... | Two hundred dollars or imprisonment for three months | $1,000 or imprisonment for 6 months |
Section 44.................... | Two hundred dollars or imprisonment for three months | $1,000 or imprisonment for 6 months |
Section 45.................... | Two hundred dollars or imprisonment for three months | $1,000 or imprisonment for 6 months |
Section 46.................... | Two hundred dollars or imprisonment for three months | $1,000 or imprisonment for 6 months |
Section 47.................... | Two hundred dollars or imprisonment for three months | $1,000 or imprisonment for 6 months |
Paragraph 60 (h).......... | One hundred dollars or imprisonment for three months | $500 or imprisonment for 3 months |
1. No. 59, 1977, as amended. For previous amendments, see No. 66, 1978; and No. 111, 1980.
2. No. 33, 1923, as amended. For previous amendments, see No. 74, 1939; No. 12, 1941; No. 80, 1950; No. 15, 1952; No. 75, 1956; No. 94, 1964; No. 50, 1965; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; No. 138, 1976; No. 134, 1979; and No. 61, 1981.
3. No. 16, 1955, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; No. 96, 1975; No. 36, 1978; Nos. 19 and 155, 1979; No. 70, 1980; and No. 61, 1981.
4. No. 12, 1914, as amended. For previous amendments, see No. 6, 1915; No. 54, 1920; No. 9, 1926; No. 13, 1928; No. 30, 1932; No. 5, 1937; No. 6, 1941; No. 77, 1946; No. 80, 1950; No. 10, 1955; No. 11, 1959; No. 84, 1960; No. 93, 1966; No. 33, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; No. 19, 1979; and No. 155, 1979.
5. No. 20, 1903, as amended. For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1912; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50, 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939; No. 4, 1941; No. 11, 1945; No. 78, 1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; Nos. 4 and 20, 1977; Nos. 19, 132 and 155, 1979; No. 70, 1980; and Nos. 61 and 178, 1981.
6. No. 54, 1965, as amended. For previous amendments, see No. 93, 1966; No. 89, 1967; No. 10, 1968; No. 101, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; No. 155, 1979; and No. 70, 1980.
7. No. 81, 1963, as amended. For previous amendments, see No. 216, 1973; No. 96, 1975; No. 155, 1979; No. 70, 1980; and No. 178, 1981.
8. No. 103, 1957, as amended. For previous amendments, see No. 93, 1966; and No. 216, 1973.
9. No. 30, 1910, as amended. For previous amendments, see No. 16, 1911; No. 21, 1912; No. 45, 1918; No. 45, 1934; No. 35, 1948; No. 72, 1949; No. 14, 1952; No. 93, 1964; No. 53, 1965; No. 93, 1966; No. 24, 1968; No. 14, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; No. 133, 1979; and No. 61, 1981.
0
0
0