Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:Military Justice (Interim Measures) Bill (No. 1) 2009, and theMilitary Justice (Interim Measures) Bill (No. 2) 2009.

I also table a statement of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement read as follows—

Purpose of the bills

The purpose of these bills is to urgently reinstate the Military Justice system which existed prior to the introduction of the Defence Legislation Amendment Act 2006 which established the Australian Military Court.  On the 26 August 2009, the High Court unanimously held the provisions of the Defence Force Discipline Act 1982 establishing the Australian Military Court were invalid.

Reasons for Urgency

Following the High Court’s decision in Lane v Morrison, which invalidated the Australian Military Court, the Australian Defence Force is currently working with a modified justice system. It is therefore urgent that an interim military justice system be re-established as soon as possible.