Military Court of Australia

The Military Court of Australia was a proposed court of military justice for the Australian Defence Force. It would have replaced the previous Australian Military Court which was deemed unconstitutional by the High Court of Australia^[1]^[2] with legal grounding under Chapter 3 of the Australian Constitution. The structure of the court was drafted by the Australian Department of Defence and Attorney-General's Department and was introduced as a legislative bill to Parliament in 2012.^[3] ^[4]

The bill lapsed with the prorogation of Parliament for the 2013 Australian federal election and has not been reintroduced.^[5] In the absence of a military court, the current military justice system involves the use of courts martial and "Defence Force Magistrate" trials.^[5]

References[edit]

^ Woodley, Naomi (24 May 2010). "Government Announces New Military Court". Australian Broadcasting Corporation. Retrieved 26 May 2010.
^ Hawley, Samanatha (26 August 2009). "Defunct Military Court Leaves Defence in Chaos". Australian Broadcasting Corporation. Retrieved 26 May 2010.
^ "MILITARY COURT OF AUSTRALIA BILL 2012". Australasian Legal Information Institute. Retrieved 10 November 2012.
^ Roxon, Nicola. "Legislation to establish Military Court of Australia". Attorney- General for Australia, the hon Nicola Roxon MP. Archived from the original on 3 December 2012. Retrieved 10 November 2012.
^ ^a ^b Letts, David (29 November 2013). "ADF ain't broke, don't fix it". The Sydney Morning Herald. Fairfax Media. Retrieved 13 January 2018.

External links[edit]

Australian Department of Defence Military Justice System
Department of Prime Minister and Cabinet Parliamentary Documents at the Library of Congress Web Archives (archived 2009-07-09)
Attorney-General's Department Media Release at the Wayback Machine (archived 2011-04-02)
Military Justice (Interim Measures) Amendment Bill 2011 Second Reading Speech

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[1] Woodley, Naomi (24 May 2010). "Government Announces New Military Court". Australian Broadcasting Corporation. Retrieved 26 May 2010.

[2] Hawley, Samanatha (26 August 2009). "Defunct Military Court Leaves Defence in Chaos". Australian Broadcasting Corporation. Retrieved 26 May 2010.

[3] "MILITARY COURT OF AUSTRALIA BILL 2012". Australasian Legal Information Institute. Retrieved 10 November 2012.

[4] Roxon, Nicola. "Legislation to establish Military Court of Australia". Attorney- General for Australia, the hon Nicola Roxon MP. Archived from the original on 3 December 2012. Retrieved 10 November 2012.

[letts-5] Letts, David (29 November 2013). "ADF ain't broke, don't fix it". The Sydney Morning Herald. Fairfax Media. Retrieved 13 January 2018.

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