Definitions
1 Definitions
In this Schedule:
AMC means the Australian Military Court purportedly established by Division 3 of Part VII of the old Defence Force Discipline Act.
amended Defence Force Discipline Act means the Defence Force Discipline Act 1982 as amended by the Military Justice (Interim Measures) Act (No. 1) 2009.
commencement day means the day on which this Act commences.
DFDAT means the Defence Force Discipline Appeal Tribunal established by the Defence Force Discipline Appeals Act 1955.
High Court decision date means 26 August 2009.
liability includes a duty or obligation.
old Defence Force Discipline Act means the Defence Force Discipline Act 1982 as purportedly in force immediately before the High Court decision date.
Part IV order means a restitution order or a reparation order purportedly made under Part IV of the old Defence Force Discipline Act.
right includes an interest or status.
2 Object and effect of Schedule etc.
The main object of this Schedule is to maintain the continuity of discipline in the Defence Force.
The provisions of this Schedule that declare people to have particular rights or liabilities have effect for Defence Force service purposes only.
If a provision of this Schedule:
would, apart from this subitem, have an application (an invalid application) in relation to:
one or more particular persons, things, matters, places, circumstances or cases; or
one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;
because of which the provision exceeds the Commonwealth's legislative power; and
also has at least one application (a valid application) in relation to:
one or more particular persons, things, matters, places, circumstances or cases; or
one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;
that, if it were the provision's only application, would be within the Commonwealth's legislative power;
it is the Parliament's intention that the provision is not to have the invalid application, but is to have every valid application.
3 Reliance on, and enforcement of, declared rights etc.
This item applies if, under an item of this Schedule (the applicable item), the rights and liabilities of a person are declared to be, and always to have been, the same as if certain matters (the assumed matters) specified in the applicable item had been the case.
Without limiting the effect of the applicable item:
all persons are, by force of this item, declared to be, and always to have been, entitled to act on the basis that other persons had, and have, the rights and liabilities as declared by the applicable item; and
a right or liability that a person is declared to have by the applicable item:
is exercisable or enforceable; and
is to be regarded as always having been exercisable or enforceable;
as if the assumed matters had in fact been the case.
This item has effect subject to subitem 2(2).
Part 2-Things done by the AMC, otherwise than on appeal
This Act’s bill:Explanatory memorandumSecond reading speech
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