Military Court of Australia

Not to be confused with Australian Military Court.
A court room used for Australian Defence Force legal proceedings at Victoria Barracks, Sydney

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

  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.
  5. ^ 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.


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