Defence Legislation Amendment Act 2006
Act No. 159 of 2006 as amended
This compilation was prepared on 16 July 2008
[This Act was amended by Act No. 73 of 2008]
Amendment from Act No. 73 of 2008
[Schedule 2 (item 5) amended item 235 of Schedule 1
Schedule 2 (item 5) commenced immediately after 1 October 2007]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—The Australian Military Court
Part 1—Main amendments
Defence Force Discipline Act 1982
Defence Force Discipline Appeals Act 1955
Judges’ Pensions Act 1968
Part 2—Consequential amendments
Defence Act 1903
Defence Force Discipline Act 1982
Defence Force Discipline Appeals Act 1955
Migration Act 1958
Part 3—Application and transitional provisions
Division 1—Definitions
Division 2—Application of amendments
Division 3—Transitional provisions
Schedule 2—Other amendments
Part 1—Defence Counsel Services
Defence Force Discipline Act 1982
Part 2—Chief of the Defence Force Commission of Inquiry
Defence Act 1903
Schedule 3—Amendments to remove gender‑specific language
Defence Force Discipline Appeals Act 1955
An Act to amend legislation relating to defence, and for related purposes
[Assented to 11 December 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Defence Legislation Amendment Act 2006.
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 |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 11 December 2006 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provisions have not commenced before 1 October 2007, they commence on that day. | 1 October 2007 |
3. Schedules 2 and 3 | The day on which this Act receives the Royal Assent. | 11 December 2006 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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 1—The Australian Military Court
Part 1—Main amendments
Defence Force Discipline Act 1982
1 Subsection 3(1)
Insert:
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
2 Subsection 3(1)
Insert:
Australian…
Overview
The Defence Legislation Amendment Act 2006 was enacted to address gaps and issues in the existing military justice system within Australia. The Act was assented to on 11 December 2006 by the Parliament of Australia and aims to provide a more efficient and effective means of administering military justice. Key changes introduced by this Act include the establishment of the Australian Military Court to replace the previous court martial system, and the introduction of a more streamlined process for the appeal and review of military justice decisions. These changes were intended to improve the administration of military justice by ensuring that it is conducted in a manner that is fair, transparent, and consistent with the principles of the Australian legal system.
Scope and Application
The Defence Legislation Amendment Act 2006 is an Act of the Commonwealth of Australia that amends existing defence legislation, specifically targeting the Defence Force Discipline Act 1982 and the Defence Force Discipline Appeals Act 1955. The Act applies to service offences committed by members of the Australian Defence Force, including those committed before and after the commencement of the Act, provided that the accused person has not been charged under the previous legislation. The Act establishes the Australian Military Court, replacing previous military tribunals such as court martials and Defence Force magistrates, to try service offences and impose punishments. The Court is composed of a Chief Military Judge and other Military Judges, who are appointed by the Governor-General and hold office for ten years. The Act outlines the qualifications, selection, oaths, remuneration, and other conditions for Military Judges and the Chief Military Judge. The Act also details the procedures for trials by the Australian Military Court, including the composition of military juries, the conduct of trials, and the powers of Military Judges. It provides for the use of video and audio links in court proceedings and sets out the rules of procedure for the Court. The Act further amends provisions related to contempt, punishments, and the review of proceedings by summary authorities. It also includes provisions for the Registrar of the Australian Military Court and the Director of Military Prosecutions. Additionally, the Act amends the Migration Act 1958 to include the Australian Military Court within the definition of "court." The Act includes transitional provisions for service offences that were in process before the Act came into effect, ensuring continuity in the handling of such cases.
Key Provisions
- The Defence Legislation Amendment Act 2006 (Act) makes several key amendments to existing legislation relating to defence, including the Defence Force Discipline Act 1982, the Defence Force Discipline Appeals Act 1955, and the Judges’ Pensions Act 1968. The Act primarily introduces the Australian Military Court as a new tribunal to replace the previous court martial system. The Australian Military Court has jurisdiction to try any charge against any person, except custodial offences, and consists of the Chief Military Judge and other Military Judges. The Court has the authority to take action under Part IV in relation to a convicted person if the conviction had been referred to the Court for that purpose. The Act also provides for the establishment of military juries for certain trials, with specific eligibility criteria and decision-making processes. The Act further outlines the procedures for trials, including the powers of the Military Judge and the roles of the military jury. The Chief Military Judge and Military Judges are subject to specific qualifications, appointment processes, and terms of office, with provisions for their remuneration, leave, and potential termination of appointment. The Act also includes provisions for acting Military Judges and sets out offences and penalties for contempt and disorderly behaviour in relation to the Court. Additionally, the Act makes amendments to other legislation, such as the Migration Act 1958, to include the Australian Military Court as a relevant court for certain purposes. The Act also includes transitional provisions to ensure a smooth transition from the previous court martial system to the Australian Military Court.
- Area of Law
- Military Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Offence Provisions
- Enforcement Powers