Bruce Billson (Dunkley, Liberal Party, Minister Assisting the Minister for Defence) Share this | Link to this | Hansard source

by leave—I present a supplementary explanatory memorandum to the bill and I move government amendments (1) to (40):

(1)    Schedule 1, item 5, page 3 (line 24), omit “table in”, substitute “table in clause 1 of”.

(2)    Schedule 1, item 6, page 4 (line 1), omit “table in”, substitute “table in clause 1 of”.

(3)    Schedule 1, item 7, page 4 (line 6), omit “table in”, substitute “table in clause 1 of”.

(4)    Schedule 1, item 7, page 4 (line 10), after “imprisonment”, insert “or is not punishable by imprisonment”.

(5)    Schedule 1, item 7, page 4 (line 12), omit “table in”, substitute “table in clause 1 of”.

(6)    Schedule 1, item 8, page 4 (line 16), omit “or 188AQ”.

(7)    Schedule 1, item 8, page 4 (after line 16), after paragraph (a) of the definition of Military Judge in subsection 3(1), insert:

           (aa)    except in Divisions 2 and 2A of Part XI, a person appointed as an acting Military Judge under section 188BB; and

(8)    Schedule 1, item 11, page 5 (after line 8), after subsection 114(1), insert:

     (1A)    The Australian Military Court is a court of record.

(9)    Schedule 1, item 11, page 7 (line 26), omit subsection 122(1), substitute:

        (1)    There are to be:

             (a)    12 members on a military jury for a trial of a class 1 offence; and

             (b)    6 members on a military jury for a trial of a class 2 offence or class 3 offence.

(10)  Schedule 1, item 11, page 9 (lines 1 to 4), omit subsections 124(2) and (3), substitute:

        (2)    A decision of a military jury on the questions in subsection (1) is to be made by:

             (a)    unanimous agreement of the jury members; or

             (b)    if the conditions in subsection (3) are met—five-sixths majority agreement of the jury members.

        (3)    The conditions are:

             (a)    the jury has deliberated for at least 8 hours; and

             (b)    the jury does not have unanimous agreement after that time but does have five-sixths majority agreement; and

             (c)    the Australian Military Court is satisfied that:

                   (i)    the period of time for deliberation is reasonable, having regard to the nature and complexity of the case; and

                  (ii)    after examination on oath or affirmation of one or more of the jurors, it is unlikely that the jurors would reach unanimous agreement after further deliberation.

        (4)    A military jury must sit without any other person present when deciding the questions in subsection (1).

(11)  Schedule 1, page 12 (after line 32), after item 13, insert:

13A  Section 148

Before “A service”, insert “(1)”.

13B  At the end of section 148

Add:

        (2)    The Australian Military Court may order that the whole or a specified part of a record under subsection (1) that relates to proceedings before the Court is not to be published if the Court considers that such a publication would be inappropriate, taking account of the interests of the security or defence of Australia, the proper administration of justice, public morals or any other matter it considers relevant.

(12)  Schedule 1, item 17, page 19 (line 8), omit “Minister”, substitute “Governor-General”.

(13)  Schedule 1, item 17, page 19 (lines 10 and 11), omit subsection 188AC(2), substitute:

        (2)    The Chief Military Judge holds office for 10 years.

                   (i)    the period of time for deliberation is reasonable, having regard to the nature and complexity of the case; and

                  (ii)    after examination on oath or affirmation of one or more of the jurors, it is unlikely that the jurors would reach unanimous agreement after further deliberation.

Note:   If, before the expiration of the term of appointment, the Chief Military Judge retires from the Australian Defence Force, he or she ceases to be the Chief Military Judge on retirement: see paragraph 188AL(2)(b).

Note:   However, the person may be appointed as an acting Military Judge under section 188BB.

Note:   This subsection does not prevent the appointment of additional acting Military Judges: see section 188BB.

Note:   If, before the expiration of the term of appointment, a Military Judge retires from the Australian Defence Force, he or she ceases to be a Military Judge on retirement: see paragraphs 188AZ(2)(b) and (c).

Note:   However, the person may be appointed as the Chief Military Judge under section 188AC or as an acting Military Judge under section 188BB.

Special rules for part-time Military Judges

Recommendation to appoint an acting Military Judge

Appointment

Qualifications

                   (i)    the Permanent Navy, the Regular Army or the Permanent Air Force; or

                  (ii)    the Reserves; and

Term of appointment

Appointment to be part-time

Resignation

Terms and conditions etc.

                   (i)    the offence has a maximum penalty of not greater than 5 years imprisonment;

                  (ii)    the offence is not punishable by imprisonment;

                 (iii)    the offence may be heard and determined by a civil court of summary jurisdiction.

Judges’ Pensions Act 1968

                   (i)    in the case of the Australian Military Court—constitutes a contempt of that court; and

                  (ii)    in the case of a service tribunal other than the Australian Military Court—would, if the service tribunal were a court of record, constitute a contempt of that court.

                   (i)    in the case of the Australian Military Court—constitutes a contempt of that court; and

                  (ii)    in the case of a service tribunal other than the Australian Military Court—would, if the service tribunal were a court of record, constitute a contempt of that court.

Question agreed to.

Bill, as amended, agreed to.