Armed Forces Discipline Amendment Act (No. 2) 1988
Armed Forces Discipline Amendment Act (No. 2) 1988
Armed Forces Discipline Amendment Act (No. 2) 1988
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Armed Forces Discipline Amendment Act (No. 2) 1988
Public Act |
1988 No 176 |
|
Date of assent |
15 December 1988 |
|
Contents
An Act to amend the Armed Forces Discipline Act 1971
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title
This Act may be cited as the Armed Forces Discipline Amendment Act (No. 2) 1988, and shall be read together with and deemed part of the Armed Forces Discipline Act 1971 (hereinafter referred to as the principal Act).
2 Deputy Judge Advocate General
The principal Act is hereby amended by inserting, after section 203, the following section:
“203a
“(1)
The Governor-General may from time to time by Warrant appoint a barrister or solicitor of the High Court who has held a practising certificate for not less than 7 years, whether or not the person holds or has held any judicial office, to be Deputy Judge Advocate General of the Armed Forces.
“(2)
The Deputy Judge Advocate General shall hold office during the pleasure of the Governor-General.
“(3)
The Deputy Judge Advocate General shall have and may exercise such of the powers, duties, and functions of the Judge Advocate General as the Judge Advocate General may from time to time delegate to the Deputy Judge Advocate General, but no such delegation shall prevent the exercise of any power, duty, or function by the Judge Advocate General.
“(4)
On the occurrence from any cause of a vacancy in the office of Judge Advocate General, and in the case of the absence from duty of the Judge Advocate General (from whatever cause arising), and for so long as any such vacancy or absence continues, the Deputy Judge Advocate General shall have and may exercise all the powers, duties, and functions of the Judge Advocate General.
“(5)
The fact that the Deputy Judge Advocate General exercises any power, duty, or function of the Judge Advocate General shall be conclusive evidence of the Deputy Judge Advocate General’s authority to do so.”
3 Regulations
Section 205(1) of the principal Act is hereby amended by repealing paragraph (c), and substituting the following paragraph:
“(c)
Providing for the payment of such fees, allowances, and expenses as may be fixed or determined by or in accordance with the regulations to the following persons (other than servicemen of the regular forces) in respect of matters arising out of or relating to service law:
“(i)
The Judge Advocate General and the Deputy Judge Advocate General:
“(ii)
Persons engaged in preparing for or attending courts-martial as judge advocates, counsel, interpreters, shorthand writers, and typists:
“(iii)
Members of the territorial forces designated as Legal Staff Officers and Assistant Legal Staff Officers:
“(iv)
Counsel appointed to represent the Defence Council pursuant to section 15 of the Courts Martial Appeals Act 1953:
“(v)
Persons engaged from time to time by or under the authority of the Secretary of Defence to lecture on any matter of service law.”
This Act is administered in the Ministry of Defence.
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Versions
Armed Forces Discipline Amendment Act (No. 2) 1988
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