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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Defence Legislation Amendment
(Military Justice Enhancements--
Inspector-General ADF) Bill 2014
No. , 2014
(Defence)
A Bill for an Act to amend legislation relating to
defence, and for related purposes
No. , 2014
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to the Inspector-General
ADF
3
Part 1--Amendments
3
Defence Act 1903
3
Part 2--Application and transitional provisions
7
No. , 2014
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
1
A Bill for an Act to amend legislation relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Defence Legislation Amendment
5
(Military Justice Enhancements--Inspector-General ADF) Act
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2014.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
No. , 2014
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
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Amendments relating to the Inspector-General ADF Schedule 1
Amendments Part 1
No. , 2014
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
3
Schedule 1
--Amendments relating to the
1
Inspector-General ADF
2
Part 1
--Amendments
3
Defence Act 1903
4
1 Section 110A
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Before "object", insert "main".
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2 Paragraph 110A(b)
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After "avenue", insert ", independent of the ordinary chain of
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command,".
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3 Paragraph 110C(1)(e)
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Repeal the paragraph, substitute:
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(e) if directed by the Minister to do so--to inquire into or
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investigate a matter concerning the Defence Force;
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(f) if directed by the Chief of the Defence Force to do so--to
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inquire into or investigate a matter concerning the Defence
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Force;
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(g) such functions as are prescribed by the regulations;
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(h) such functions as are conferred on the Inspector-General
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ADF by or under this Act;
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(i) such functions as are conferred on the Inspector-General
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ADF by or under any other law of the Commonwealth;
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(j) to do anything incidental or conducive to the performance of
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any of the above functions.
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Note:
Subsection (4) limits the functions that may be prescribed by
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regulations made for the purposes of paragraph (g).
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4 Subsection 110C(2)
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Repeal the subsection.
27
5 At the end of section 110C (before the note)
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Add:
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Schedule 1 Amendments relating to the Inspector-General ADF
Part 1 Amendments
4
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
No. , 2014
(4) Regulations made for the purposes of paragraph (1)(g) must not
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prescribe a function unless the function relates to:
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(a) the military justice system; or
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(b) complaints made by members of the Defence Force, where
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the relevant complaint is about a decision, act or omission in
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relation to the member's service in the Defence Force; or
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(c) deaths of members of the Defence Force, where the relevant
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death appears to have arisen out of, or in the course of, the
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member's service in the Defence Force.
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(5) To avoid doubt, a function prescribed by regulations made for the
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purposes of paragraph (1)(g) may be to inquire into or investigate a
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matter mentioned in paragraph (4)(b) or (c).
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(6) Subsection (5) does not limit paragraph (1)(g).
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6 Section 110D
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Repeal the section.
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7 At the end of Division 1 of Part VIIIB
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Add:
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110DA Conduct of inquiry or investigation
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Scope
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(1) This section applies to an inquiry or investigation by the
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Inspector-General ADF under:
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(a) paragraph 110C(1)(a); or
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(b) regulations made for the purposes of paragraph 110C(1)(g).
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When inquiry or investigation may be conducted
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(2) The Inspector-General ADF may conduct an inquiry or
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investigation:
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(a) on his or her own initiative; or
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(b) at the request of a service chief; or
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(c) at the request of an individual.
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Amendments relating to the Inspector-General ADF Schedule 1
Amendments Part 1
No. , 2014
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
5
110DB Inspector-General ADF may end an inquiry or investigation
1
(1) The Inspector-General ADF may end an inquiry or investigation
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conducted by the Inspector-General ADF if the Inspector-General
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ADF is satisfied that the inquiry or investigation, or the
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continuation of the inquiry or investigation, is not warranted
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having regard to all the circumstances.
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(2) Subsection (1) does not apply to an inquiry or investigation under
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paragraph 110C(1)(e).
8
Note:
Paragraph 110C(1)(e) is about inquiries and investigations directed by
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the Minister.
10
8 Section 110R
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Repeal the section, substitute:
12
110R Annual report by Inspector-General ADF
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(1) As soon as practicable after the end of each financial year, the
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Inspector-General ADF must prepare and give to the Minister, for
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presentation to the Parliament, a report on the operations of the
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Inspector-General ADF during the financial year.
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Note:
See also section 34C of the Acts Interpretation Act 1901, which
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contains extra rules about periodic reports.
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(2) For this purpose, the operations of the Inspector-General ADF
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include the operations of persons appointed under section 110P.
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9 After subsection 124(2A)
22
Insert:
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(2AA) Subject to subsection (2B), the power to make regulations for the
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purposes of paragraph (1)(h) includes the power to make
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regulations requiring a person appearing as a witness before the
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Inspector-General ADF to answer a question even if the answer to
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the question may tend to incriminate the person.
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(2AB) Subject to subsection (2B), the power to make regulations for the
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purposes of subsection 110P(3) includes the power to make
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regulations requiring a person appearing as a witness before a
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person appointed under section 110P to answer a question even if
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Schedule 1 Amendments relating to the Inspector-General ADF
Part 1 Amendments
6
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
No. , 2014
the answer to the question may tend to incriminate the
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first-mentioned person.
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10 Subsection 124(2B)
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Omit "Subsection (2A) does", substitute "Subsections (2A), (2AA) and
4
(2AB) do".
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11 Subsection 124(2B)
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Omit "that subsection", substitute "the subsection concerned".
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12 After subsection 124(2C)
8
Insert:
9
(2CA) If a witness makes a statement or disclosure in the course of giving
10
evidence before the Inspector-General ADF or a person appointed
11
under section 110P:
12
(a) the statement or disclosure; and
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(b) the making of the statement or disclosure; and
14
(c) any information, document or thing obtained as a direct or
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indirect consequence of making the statement or disclosure;
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are not admissible in evidence against the witness in:
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(d) any civil or criminal proceedings in any federal court or court
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of a State or Territory; or
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(e) proceedings before a service tribunal;
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other than in proceedings by way of a prosecution for giving false
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testimony at the hearing before the Inspector-General ADF or
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person appointed under section 110P.
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Amendments relating to the Inspector-General ADF Schedule 1
Application and transitional provisions Part 2
No. , 2014
Defence Legislation Amendment (Military Justice Enhancements--
Inspector-General ADF) Bill 2014
7
Part 2
--Application and transitional provisions
1
13 Transitional
--conduct of inquiries or investigations
2
Despite the repeal of section 110D of the Defence Act 1903 by this
3
Schedule, that section continues to apply, in relation to an inquiry or
4
investigation that started before the commencement of this item, as if
5
the repeal had not happened.
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14 Application
--conduct of inquiries or investigation
7
Section 110DA of the Defence Act 1903 as amended by this Schedule
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applies in relation to an inquiry or investigation that started at or after
9
the commencement of this item.
10
15 Application
--annual report
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Section 110R of the Defence Act 1903 as amended by this Schedule
12
applies in relation to:
13
(a) the financial year in which this item commences; and
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(b) each later financial year.
15