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Thursday, 12 May 1921


Senator DRAKE-BROCKMAN (Western Australia) . - After the confessions of addled brains at this early hour I shall try to make the meaning of this clause clear. Assuming that my brains are not also addled, the clause means that a court martial shall not be hampered by undue technicalities. Court martials are so constituted that there shall be as few technicalities as possible about their composition and procedure, and the clause is intended to avoid the introduction of those technicalities and difficulties, which legal gentlemen are only too ready to raise.

Clause agreed to.

Clause 72-

All offences (other than indictable offences) which are committed against the Air Force Act by persons who are not on active service, or which are committed against this Act or the Air Force Act, shall be punishable- on summary conviction.

Amendment (by Senator Pearce) agreed to -

That the following words be left out : - " the Air Force Act by persons who are not on active service or which are committed against".

Clause, as amended, agreed to.

Clause 73 consequentially amended and agreed to.

Clause 74 (Time for commencing prosecutions before courts martial).

Amendment (by Senator Pearce) proposed -

That the words " if committed when not on active service" be left out.


Senator Elliott - I am not quite clear as to the effect of the clause.


Senator Pearce - It refers only to acts committed in time of war.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 75 -

During any term of detention, imprisonment, or penal servitude imposed on a member of the Air Force for an offence against this Act or the Defence Act or the Air Force Act, the member shall, notwithstanding that he is dismissed or discharged from the Air Force or would, but for this section, have ceased to be subject to this Act and the Air Force Act, remain subject to this Act and the Air Force Act.

Amendments (by Senator Pearce) agreed to -

That all the words from and including " on a member " be left out, and that the following words be inserted: - "for an offence against this Act or the Air Force Act, on a person who was at the time of the imposition of the sentence, or at the time of the commission of theoffence, a member of the Air Force, the person, notwithstanding that he ceases to be, or has,before the imposition of the sentence, ceased to be, a member of the Air Force, shall be subject to this Act, or to this Act and the Air Force Act, as if he were a member of the Air Force performing Air Service."

Clause, as amended, agreed to.

Clause 76 -

Any person who is or has been a member of the Air Force may be tried at any time by court martial for the offence of mutiny, desertion, or fraudulent enlistment.....







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