Military Justice (Interim Measures) Amendment Act 2011 (Cth)

Military Justice (Interim Measures) Amendment Act 2011

No. 82, 2011

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

Contents

Military Justice (Interim Measures) Amendment Act 2011

No. 82, 2011

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

[Assented to 25 July 2011]

The Parliament of Australia enacts:

1Short title

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

2Commencement

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

3Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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:

1. (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:

1. (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

2. (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:

1. (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:

1. (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

2. (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.

[Minister’s second reading speech made in—

House of Representatives on 12 May 2011

Senate on 23 June 2011]

(77/11)