Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Defence Legislation Amendment Bill 2007

Schedule 8 Application, saving and transitional provisions

   

1  Definitions

In this Schedule:

commencement da y means the day on which Schedules 1 to 6 to this Act commence.

main amendments made by this Act means the amendments and repeals made by the following provisions of this Act:

                     (a)  Schedule 1;

                     (b)  Schedule 2;

                     (c)  Schedule 3;

                     (d)  Schedule 4;

                     (e)  Part 2 of Schedule 5;

                      (f)  Part 3 of Schedule 7;

                     (g)  items 24 to 26 of Schedule 7;

                     (h)  items 28 to 30 of Schedule 7.

old DFDA means the Defence Force Discipline Act 1982 as in force immediately before the commencement day.

old law means the Defence Force Discipline Act 1982 and the Defence Force Discipline Appeals Act 1955 as in force immediately before the commencement day.

2  Application of main amendments made by this Act

(1)       The main amendments made by this Act apply in relation to a service offence committed by a person on or after the commencement day.

(2)       The main amendments made by this Act also apply in relation to a service offence committed by a person before the commencement day if, before the commencement day:

                     (a)  the person had not been charged with the offence under the old DFDA; or

                     (b)  the person had been charged with the offence under the old DFDA but no action to deal with the charge had been taken under the old DFDA.

3  Application of amendments of offences and disciplinary infringements

(1)       The amendments made by the following provisions of this Act apply in relation to acts and omissions that take place on or after the commencement day:

                     (a)  Part 1 of Schedule 5;

                     (b)  Schedule 6.

(2)       For the purposes of this item, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the commencement day, the act or omission is alleged to have taken place before the commencement day.

4  Continued application of old law to proceedings in progress before commencement day

(1)       This item applies if, before the commencement day:

                     (a)  a person had been charged with a service offence under the old DFDA; and

                     (b)  proceedings dealing with the charge of the offence had been commenced under the old DFDA; and

                     (c)  those proceedings (including any appeal to the Defence Force Discipline Appeal Tribunal) had not been finally determined under the old law.

(2)       Despite the main amendments made by this Act, and subject to subitem (3), the old law continues to apply after the commencement day in relation to the proceedings, including any review under Part IX of the old DFDA, as if those amendments had not been made.

(3)       A review of the proceedings must not be commenced under section 155 of the old DFDA after the end of 31 December 2008.

5  Summary Authority Rules

            Rules made by the Judge Advocate General under section 149 of the old DFDA that were in force immediately before the commencement day continue in force on and after that day as if they had been made by the Chief Military Judge under section 149 of the Defence Force Discipline Act 1982 as amended by item 10 of Schedule 3 to this Act.

6  Proceedings before examining officers

(1)       If, before the repeal of section 130A of the Defence Force Discipline Act 1982 by item 27 of Schedule 7 to this Act:

                     (a)  a legal officer had started to hear evidence in relation to a charge under that section; but

                     (b)  the officer had not completed hearing the evidence;

the officer must complete hearing the evidence in relation to the charge as if the repeal had not happened.

(2)       If, before the repeal of section 130A of the Defence Force Discipline Act 1982 by item 27 of Schedule 7 to this Act:

                     (a)  a commanding officer had, under that section, given a legal officer a direction to hear evidence in relation to a charge; but

                     (b)  the legal officer had not started to hear the evidence;

the direction is taken not to have been made.

7  Regulations may deal with transitional, saving or application matters

            The Governor-General may make regulations dealing with matters of a transitional, saving or application nature relating to amendments and repeals made by this Act.