Effect of actions taken in relation to person purportedly convicted by a summary authority
17 Effect of actions taken in relation to person purportedly convicted by a summary authority
If, before the High Court decision date:
a summary authority purported to try a person for a service offence in the following circumstances:
the person was required to be given the opportunity to elect to have the charge of the service offence tried by the AMC;
the summary authority proceeded with the trial of the person on the basis that the person had not elected (or had withdrawn an election) to have the charge tried by the AMC; and
the summary authority purported to convict the person of the service offence; and
the purported conviction is invalid because:
the person was required to be given an opportunity to elect to have the charge of the service offence tried by the AMC; and
the AMC was not a validly created court;
then item 7 applies in relation to the purported conviction in the same way as it applies in relation to a purported conviction by the AMC.
Part 6-Other matters
18 Protection of members of military juries etc.
If, because the AMC was not a validly created court, section 193 of the old Defence Force Discipline Act would not (apart from this item) apply in relation to a person or act referred to in that section, that section is taken to have had the effect it would have had, and to continue to have the effect it would have, if it applied to that person or act.
19 Contempt of the AMC etc.
If, because the AMC was not a validly created court, either of the following provisions:
section 53 of the old Defence Force Discipline Act;
section 89 of the Defence Act 1903 as in force immediately before the High Court decision date;
would not (apart from this item) apply to conduct that is or was engaged in by a person, that section is taken to have had the effect it would have had, and to continue to have the effect it would have, if it applied to that conduct.
For example, a former member of a military jury may be liable to be prosecuted for an offence if the member discloses information about the deliberations of the jury.
Without limiting the generality of subitem (1), that subitem applies to conduct engaged in contrary to an order purportedly made by the AMC (whether under section 140 of the old Defence Force Discipline Act or otherwise):
prohibiting or restricting the publication of a report of, or relating to, the whole or a part of proceedings; or
prohibiting or restricting the publication or disclosure of the identity of a person, or of information that might enable the identification of a person.
This Act’s bill:Explanatory memorandumSecond reading speech
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