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

This item applies if (whether before, on or after the High Court decision date) administrative action is or was purportedly taken in relation to a person, for Defence Force service purposes, in reliance on, or by reference to, a purported conviction by the AMC of a person of a service offence.

For the purposes of subitem (1), administrative action includes (but is not limited to) any of the following actions:

placing a person on an unsuitability report;

giving a person a formal warning;

censuring a person;

changing the employment category of a person;

changing the employment entitlements of a person (including forfeiture of salary or allowances);

removing a security clearance, or changing the security classification, of a person;

denying or delaying the promotion of a person;

revoking a provisional promotion of a person;

removing a person from a posting, or changing the posting of a person;

removing a person from an appointment (including a position of command or authority) associated with a posting, or changing the appointment of the person;

removing a person from a locality, or changing the locality of the person;

reducing the rank or seniority of a person;

terminating the service of a person.

If this item applies, the administrative action is, by force of this item, declared to be, and always to have been, entitled to be taken (and to have been taken) on the basis of the rights and liabilities as declared by item 5.

This item does not apply to action purportedly taken for the purpose of executing or enforcing a punishment or Part IV order.