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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012
No. , 2012
(Attorney-General)
A Bill for an Act to amend the Defence Force Discipline Act 1982 and other laws, and to deal with transitional matters, in connection with the Military Court of Australia Act 2012 , and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 6
Schedule 1—Amendment of the Defence Force Discipline Act 1982 7
Part 1—Main amendments 7
Defence Force Discipline Act 1982 7
Part 2—Amendment of offences 103
Defence Force Discipline Act 1982 103
Part 3—Other amendment 106
Defence Force Discipline Act 1982 106
Schedule 2—Amendments of other Defence legislation 107
Defence Act 1903 107
Defence Force Retirement and Death Benefits Act 1973 111
Schedule 3—Amendments of other Acts 112
Part 1—Main amendments 112
Acts Interpretation Act 1901 112
Administrative Decisions (Judicial Review) Act 1977 112
Age Discrimination Act 2004 113
Australian Crime Commission Act 2002 113
Australian Security Intelligence Organisation Act 1979 113
Crimes Act 1914 113
Federal Court of Australia Act 1976 114
Federal Magistrates Act 1999 115
Federal Proceedings (Costs) Act 1981 115
Geneva Conventions Act 1957 116
Judges (Long Leave Payments) Act 1979 116
Judges’ Pensions Act 1968 116
Judiciary Act 1903 116
Legislative Instruments Act 2003 118
Military Court of Australia Act 2012 119
National Security Information (Criminal and Civil Proceedings) Act 2004 119
Trans-Tasman Proceedings Act 2010 120
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 120
Part 2—Contingent amendments 121
Division 1—Amendments relating to judicial misbehaviour and incapacity 121
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 121
Division 2—Amendments relating to judicial complaints 121
Freedom of Information Act 1982 121
Military Court of Australia Act 2012 122
Division 3—Amendments relating to suppression and non-publication orders 125
Australian Crime Commission Act 2002 125
Military Court of Australia Act 2012 126
Schedule 4—Repeal 133
Defence Force Discipline Appeals Act 1955 133
Schedule 5—Application, saving and transitional provisions 134
Part 1—Definitions 134
Part 2—Proceedings in respect of service offences 136
Part 3—Office-holders 144
Part 4—Abolition of Defence Force Discipline Appeal Tribunal 149
Part 5—Other provisions 153
Part 6—Regulations 157
A Bill for an Act to amend the Defence Force Discipline Act 1982 and other laws, and to deal with transitional matters, in connection with the Military Court of Australia Act 2012 , and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Military Court of Australia (Transitional Provisions and Consequential Amendments) Act 2012 .
(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.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1, Part 1 |
A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 10 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. |
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3. Schedule 1, Part 2 |
The 28th day after this Act receives the Royal Assent. |
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4. Schedule 1, Part 3 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 1 of Schedule 2 to the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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5. Schedule 2, items 1 to 5 |
At the same time as the provision(s) covered by table item 2. |
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6. Schedule 2, items 6 and 7 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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7. Schedule 2, items 8 to 15 |
At the same time as the provision(s) covered by table item 2. |
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8. Schedule 2, item 16 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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9. Schedule 2, item 17 |
At the same time as the provision(s) covered by table item 2. |
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10. Schedule 3, items 1 to 3 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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11. Schedule 3, item 4 |
At the same time as the provision(s) covered by table item 2. |
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12. Schedule 3, item 5 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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13. Schedule 3, item 6 |
At the same time as the provision(s) covered by table item 2. |
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14. Schedule 3, items 7 to 10 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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15. Schedule 3, item 11 |
At the same time as the provision(s) covered by table item 2. |
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16. Schedule 3, items 12 to 22 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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17. Schedule 3, items 23 to 28 |
At the same time as the provision(s) covered by table item 2. |
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18. Schedule 3, items 29 to 32 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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19. Schedule 3, items 33 to 36 |
At the same time as the provision(s) covered by table item 2. |
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20. Schedule 3, item 37 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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21. Schedule 3, items 38 to 40 |
The later of: (a) immediately after the commencement of section 3 of the Military Court of Australia Act 2012 ; and (b) immediately after the commencement of item 1 of Schedule 2 to the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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22. Schedule 3, items 41 to 45 |
At the same time as the provision(s) covered by table item 2. |
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23. Schedule 3, item 46 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 109 of the Trans-Tasman Proceedings Act 2010 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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24. Schedule 3, items 47 and 48 |
Immediately before the commencement of item 1 of Schedule 2 to the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 . However, the provision(s) do not commence at all if item 1 of Schedule 2 to the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 commences before the commencement of the provision(s) covered by table item 2. |
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25. Schedule 3, Part 2, Division 1 |
The later of: (a) immediately after the commencement of section 3 of the Military Court of Australia Act 2012 ; and (b) immediately after the commencement of section 3 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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26. Schedule 3, Part 2, Division 2 |
The later of: (a) immediately after the commencement of section 3 of the Military Court of Australia Act 2012 ; and (b) immediately after the commencement of Schedule 1 to the Courts Legislation Amendment (Judicial Complaints) Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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27. Schedule 3, Part 2, Division 3 |
The later of: (a) immediately after the commencement of section 3 of the Military Court of Australia Act 2012 ; and (b) immediately after the commencement of Schedule 2 to the Access to Justice (Federal Jurisdiction) Amendment Act 2012 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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28. Schedule 4 |
At the same time as the provision(s) covered by table item 2. |
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29. Schedule 5, items 1 to 33 |
At the same time as the provision(s) covered by table item 2. |
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30. Schedule 5, item 34 |
The 28th day after this Act receives the Royal Assent. |
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31. Schedule 5, item 35 |
At the same time as section 3 of the Military Court of Australia Act 2012 commences. |
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32. Schedule 5, item 36 |
The day this Act receives the Royal Assent. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
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.