Commonwealth Numbered Acts Commonwealth Numbered Acts
Defence Force Discipline Act 1982
1 Subsection 3(1)
Insert:
"Deputy Chief Judge Advocate " means a Deputy Chief Judge Advocate appointed under section 188EC.
2 Section 117
Before "For the purposes of this Act", insert "(1)".
3 At the end of section 117
Add:
(2) An appointment of a judge advocate of a court martial under subparagraph 119(1)(a)(iii) is on a part-time basis.
4 After section 117
Insert:
118 Remuneration of judge advocate of court martial
(1) A judge advocate of a court martial is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the judge advocate is to be paid the remuneration that is determined under Part IIIA of the Defence Act 1903 .
(2) A judge advocate of a court martial is to be paid the allowances that are determined under Part IIIA of the Defence Act 1903 .
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
5 After subsection 127(1)
Insert:
(1A) An appointment under subsection (1) is on a part-time basis.
6 Subsection 127(2) (note)
Omit "3 years", substitute "5 years".
7 After section 127
Insert:
127A Remuneration of Defence Force magistrate
(1) A Defence Force magistrate is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Defence Force magistrate is to be paid the remuneration that is determined under Part IIIA of the Defence Act 1903 .
(2) A Defence Force magistrate is to be paid the allowances that are determined under Part IIIA of the Defence Act 1903 .
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
8 Subsection 180(3)
Omit "defence member", substitute "member of the Defence Force".
9 Subsection 185(5)
Omit "defence member" (wherever occurring), substitute "member of the Defence Force".
10 Subsection 186(1)
Repeal the subsection, substitute:
(1) The Governor-General may terminate the appointment of the Judge Advocate General, or a Deputy Judge Advocate General, not being a Justice or Judge of a federal court or of a Supreme Court of a State or Territory:
(a) for misbehaviour; or
(b) if the Judge Advocate General, or the Deputy Judge Advocate General, (as the case may be) is unable to perform the duties of his or her office because of physical or mental incapacity.
11 Subsection 186(2)
Omit "or a Deputy Judge Advocate General (not being a Justice or Judge of a federal court or of a Supreme Court of a State or Territory)", substitute ", or a Deputy Judge Advocate General, not being a Justice or Judge of a federal court or of a Supreme Court of a State or Territory".
12 Subsection 186(3)
Omit "or a Deputy Judge Advocate General", substitute ", or a Deputy Judge Advocate General,".
13 After subsection 188A(1)
Insert:
(1A) The Chief Judge Advocate holds office on a full-time basis.
14 At the end of section 188A
Add:
(4) The Judge Advocate General may, by notifiable instrument, determine:
(a) the criteria that apply to the selection of an officer for appointment under this section; and
(b) the process for selecting the officer.
15 After section 188A
Insert:
188AA Terms and conditions of appointment
The Chief Judge Advocate holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Judge Advocate General.
16 After section 188C
Insert:
(1) The Chief Judge Advocate must, before proceeding to discharge the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.
(2) An oath or affirmation under this section is to be made before:
(a) the Judge Advocate General; or
(b) a Deputy Judge Advocate General.
17 Section 188D
Before "The Chief Judge Advocate", insert "(1)".
18 At the end of section 188D
Add:
(2) The resignation takes effect on the day it is received by the Judge Advocate General or, if a later day is specified in the resignation, on that later day.
19 At the end of Division 2 of Part XI
Add:
188EA Termination of appointment
(1) The Judge Advocate General may terminate the appointment of the Chief Judge Advocate:
(a) for misbehaviour; or
(b) if the Chief Judge Advocate is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Judge Advocate General must terminate the appointment of the Chief Judge Advocate if:
(a) the Chief Judge Advocate:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Chief Judge Advocate is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.
(3) The Chief Judge Advocate ceases to hold office if:
(a) the Chief Judge Advocate ceases to be:
(i) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or
(ii) a member of the Reserves who is rendering continuous full-time service; or
(b) the Chief Judge Advocate ceases to be a member of the judge advocates' panel.
The Judge Advocate General may, by written instrument, appoint a person who is a Deputy Chief Judge Advocate to act as the Chief Judge Advocate:
(a) during a vacancy in the office of the Chief Judge Advocate (whether or not an appointment has previously been made to the office); or
(d) during any period, or during all periods, when the Chief Judge Advocate:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
20 After Division 2 of Part XI
Insert:
Division 2A -- Deputy Chief Judge Advocate
188EC Deputy Chief Judge Advocate
(1) The Judge Advocate General may, by written instrument, appoint one or more Deputy Chief Judge Advocates.
(2) A Deputy Chief Judge Advocate holds office on a full-time basis.
(3) A Deputy Chief Judge Advocate holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4) A Deputy Chief Judge Advocate may be reappointed, but must not hold office for a total of more than 10 years.
(5) The Judge Advocate General may, by notifiable instrument, determine:
(a) the criteria that apply to the selection of a person for appointment under this section; and
(b) the process for selecting the person.
188ED Terms and conditions of appointment
A Deputy Chief Judge Advocate holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Judge Advocate General.
188EE Role of Deputy Chief Judge Advocate
A Deputy Chief Judge Advocate is to provide administrative assistance to the Chief Judge Advocate.
188EF Eligibility requirements
A person is not eligible to be a Deputy Chief Judge Advocate unless the person is:
(a) an officer holding a rank not lower than the naval rank of captain or the rank of colonel or group captain; and
(b) a member of the judge advocates' panel.
(1) A Deputy Chief Judge Advocate must, before proceeding to discharge the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.
(2) An oath or affirmation under this section is to be made before:
(a) the Judge Advocate General; or
(b) a Deputy Judge Advocate General.
(1) A Deputy Chief Judge Advocate may resign his or her appointment by giving the Judge Advocate General a written resignation.
(2) The resignation takes effect on the day it is received by the Judge Advocate General or, if a later day is specified in the resignation, on that later day.
(1) A Deputy Chief Judge Advocate is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a Deputy Chief Judge Advocate is to be paid the remuneration that is determined under Part IIIA of the Defence Act 1903 .
(2) A Deputy Chief Judge Advocate is to be paid the allowances that are determined under Part IIIA of the Defence Act 1903 .
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
188EJ Termination of appointment
(1) The Judge Advocate General may terminate the appointment of a Deputy Chief Judge Advocate:
(a) for misbehaviour; or
(b) if the Deputy Chief Judge Advocate is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Judge Advocate General must terminate the appointment of a Deputy Chief Judge Advocate if:
(a) the Deputy Chief Judge Advocate:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Deputy Chief Judge Advocate is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.
(3) A Deputy Chief Judge Advocate ceases to hold office if:
(a) the Deputy Chief Judge Advocate ceases to be:
(i) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or
(ii) a member of the Reserves who is rendering continuous full-time service; or
(b) the Deputy Chief Judge Advocate ceases to be a member of the judge advocates' panel.
21 Subsection 188FJ(1)
Repeal the subsection, substitute:
(1) The Minister may terminate the appointment of the Registrar:
(a) for misbehaviour; or
(b) if the Registrar is unable to perform the duties of his or her office because of physical or mental incapacity.
22 Subsection 188GN(1)
Repeal the subsection, substitute:
(1) The Minister may terminate the appointment of the Director of Military Prosecutions:
(a) for misbehaviour; or
(b) if the Director is unable to perform the duties of his or her office because of physical or mental incapacity.
23 After subsection 196(2)
Insert:
(2AA) In making an appointment, the Chief of the Defence Force or the service chief (as the case may be) must have regard to the desirability of reflecting a diversity of expertise, experience and gender among the members of the judge advocates' panel.
24 Subsection 196(2A)
Omit "3 years" (wherever occurring), substitute "5 years".
25 At the end of section 196
Add:
(6) The Chief of the Defence Force may, by notifiable instrument, determine:
(a) the criteria that apply to the selection of a person for appointment under this section; and
(b) the process for selecting the person.
26 After section 196
Insert:
196AA Termination of appointment to judge advocates' panel
(1) The Chief of the Defence Force or a service chief (whoever made the appointment of an officer to be a member of the judge advocates' panel under subsection 196(2)) may terminate that appointment:
(a) for misbehaviour; or
(b) if the officer is unable to perform the duties of a member of the judge advocates' panel because of physical or mental incapacity.
(2) The Chief of the Defence Force or a service chief (whoever made the appointment of an officer to be a member of the judge advocates' panel under subsection 196(2)) must terminate that appointment if the officer:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
(3) A person ceases to be a member of the judge advocates' panel if the person ceases to be:
(a) enrolled as a legal practitioner; or
(b) an officer (within the meaning of subsection 3(1)).
(1) An officer who is a member of the judge advocates' panel may resign his or her appointment by giving the Chief of the Defence Force or a service chief (whoever made the appointment of the officer to be a member of the judge advocates' panel under subsection 196(2)) a written resignation.
(2) The resignation takes effect on the day it is received by the Chief of the Defence Force or the service chief or, if a later day is specified in the resignation, on that later day.