Military Justice (Interim Measures) Act (No. 2) 2009

The Governor‑General may make regulations dealing with the effect and consequences, whether before, on or after the High Court decision date, of any of the following:

things purportedly done, before the High Court decision date, by the AMC;

things purportedly done, before the High Court decision date, by a summary authority in election‑system proceedings;

things purportedly done, before the High Court decision date, by a person or persons in, in relation to, or by reference to:

the AMC; or

without limiting subparagraph (i)-proceedings purportedly before the AMC or orders or determinations (however described) purportedly made by the AMC; or

a summary authority dealing with election‑system proceedings; or

without limiting subparagraph (iii)-orders or determinations (however described) purportedly made by a summary authority in election‑system proceedings.

Without limiting subitem (1), the regulations may deal with the effect of an order, purportedly made under subsection 176(1) or (2) of the old Defence Force Discipline Act, staying the execution of a punishment.

For the purpose of this item, election‑system proceedings are a trial (or proceedings related to a trial) in the following circumstances:

a person was required to be given an opportunity to elect to have the charge of a service offence tried by the AMC;

a summary authority purported to proceed with the trial of the charge on the basis that the person had not elected (or had withdrawn an election) to have the charge tried by the AMC.