Defence Legislation Amendment Act (No. 2) 2005
No. 142, 2005
An Act to amend legislation relating to defence, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Director of Military Prosecutions and Registrar of Military Justice
Defence Force Discipline Act 1982
Schedule 2—Inspector‑General of the Australian Defence Force
Defence Act 1903
Defence Legislation Amendment Act (No. 2) 2005
No. 142, 2005
An Act to amend legislation relating to defence, and for related purposes
[Assented to 12 December 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Defence Legislation Amendment Act (No. 2) 2005.
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. | 12 December 2005 |
2. Schedule 1, item 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 12 June 2006 |
3. Schedule 1, item 2 | The day on which this Act receives the Royal Assent. | 12 December 2005 |
4. Schedule 1, items 3 to 99 | At the same time as the provisions covered by table item 2. | 12 June 2006 |
5. Schedule 1, items 100 to 105 | The day on which this Act receives the Royal Assent. | 12 December 2005 |
6. Schedule 1, items 106 and 107 | At the same time as the provisions covered by table item 2. | 12 June 2006 |
7. Schedule 1, item 108 | The day on which this Act receives the Royal Assent. | 12 December 2005 |
8. Schedule 1, items 109 to 114 | At the same time as the provisions covered by table item 2. | 12 June 2006 |
9. Schedule 1, item 115 | The day on which this Act receives the Royal Assent. | 12 December 2005 |
10. Schedule 2, items 1 and 2 | The day on which this Act receives the Royal Assent. | 12 December 2005 |
11. Schedule 2, items 3 and 4 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 12 June 2006 |
12. Schedule 2, items 5 to 7 | The day on which this Act receives the Royal Assent. | 12 December 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament…
Overview
The Defence Legislation Amendment Act (No. 2) 2005 was enacted by the Parliament of Australia to amend existing defence legislation and address certain gaps and issues within the military justice system. This Act makes significant changes to the Defence Force Discipline Act 1982 and introduces the role of an Inspector-General of the Australian Defence Force under the Defence Act 1903. The primary policy objective of this legislation is to enhance the independence, accountability, and efficiency of the military justice system by redefining roles, responsibilities, and the structure of key entities involved in military prosecutions and disciplinary proceedings.
Scope and Application
The Defence Legislation Amendment Act (No. 2) 2005 amends the Defence Force Discipline Act 1982 and the Defence Act 1903. The Act applies to the Defence Force and the military justice system within the Australian Defence Force (ADF). It affects entities such as the Director of Military Prosecutions, the Registrar of Military Justice, and the Inspector-General of the Australian Defence Force. It pertains to the conduct and management of military prosecutions, trials, and investigations within the ADF. The Act establishes the roles, functions, qualifications, and terms of office for these positions, and it delineates the procedures and powers related to military justice. The geographic jurisdiction of this Act is national, as it pertains to the Commonwealth of Australia and its Defence Force. There are no stated exclusions, exemptions, or thresholds in the Act. The application of this Act may be extended or restricted through subordinate instruments, such as regulations, which the Governor-General is authorized to make.
Key Provisions
- The Defence Legislation Amendment Act (No. 2) 2005 amends the Defence Force Discipline Act 1982 and the Defence Act 1903 to enhance the military justice system within the Australian Defence Force (ADF). The Act introduces new roles such as the Director of Military Prosecutions and the Registrar of Military Justice, and modifies the functions and powers of existing authorities. The Director of Military Prosecutions is responsible for carrying on prosecutions for service offences and has the power to refer charges to Defence Force magistrates or convene court martials. The Registrar of Military Justice assists the Judge Advocate General and the Chief Judge Advocate by providing administrative and management services in connection with charges and trials. The Act also establishes the position of Inspector-General of the Australian Defence Force, whose functions include inquiring into or investigating matters concerning the military justice system and conducting performance reviews.
- The Act imposes various obligations on the newly established roles and modified authorities. The Director of Military Prosecutions must prepare and submit an annual report to the Minister detailing the operations and activities undertaken during the year. The Registrar of Military Justice must not appoint a person as a judge advocate without the nomination of the Judge Advocate General. Both the Director of Military Prosecutions and the Registrar of Military Justice must disclose any potential conflicts of interest that could affect their duties. The Inspector-General of the Australian Defence Force is required to report to the Chief of the Defence Force and must disclose any interests that could conflict with their role.
- Breach of the provisions in the Act may result in both civil and criminal consequences. For instance, if a person appointed to any of the new or modified roles engages in activities that conflict with their duties, such as practicing law outside their official capacity or failing to disclose relevant interests, it could lead to termination of their appointment. Furthermore, if the Director of Military Prosecutions or the Registrar of Military Justice acts in bad faith while performing their duties, they could face legal action. The maximum penalties for breaches of the Act are not explicitly stated, but they would typically align with the general legal frameworks governing public office and professional conduct in Australia.
- Area of Law
- Criminal Law
- Military & Defence Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Defence Force Discipline Appeal Tribunal
- Registrar of Military Justice