Military Justice Legislation Amendment Act 2018

Corrections have been made to Schedules 1, 2, and 3 on 3 October 2018 under section 25(1)(j)(iii) of the Legislation Act 2012.

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Military Justice Legislation Amendment Act 2018

Public Act		2018 No 36
Date of assent		28 September 2018
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Amendments to Armed Forces Discipline Act 1971
3	Principal Act
4	Section 3 amended (Special provisions relating to the interpretation, etc, of Part 2)
5	New sections 5A and 5B inserted
	5A	Transitional, savings, and related provisions
	5B	Act binds the Crown
6	Section 101A amended (Judge Advocate General may grant bail pending trial)
7	New section 102A inserted (Commanding officer must determine whether offence is specified offence)
	102A	Commanding officer must determine whether offence is specified offence
8	New section 117ZIA inserted (Director to determine whether offence is specified offence)
	117ZIA	Director to determine whether offence is specified offence
9	Section 155 amended (Procedure for reconsideration)
10	New section 155A inserted (Information for victims)
	155A	Information for victims
11	Section 161 amended (Purpose of Discipline Committee)
12	Section 187 amended (Interpretation of terms used in this Part)
13	New section 187A inserted (Court Martial to act through Judge alone)
	187A	Court Martial to act through Judge alone
14	Section 188 amended (When Court may find accused unfit to stand trial)
15	Section 188A amended (Determining if accused unfit to stand trial)
16	New sections 188C to 188E inserted
	188C	Inquiry before trial into accused’s involvement in offence
	188D	Inquiry during trial into accused’s involvement in offence
	188E	Outcome of consideration of accused’s involvement
17	Section 190 amended (Finding of insanity)
18	Section 191 amended (Order to be made if person unfit to stand trial or insane)
19	Section 194 amended (Power of Court Martial to commit to hospital on conviction)
20	Section 196 amended (Insanity of certain persons while serving sentences of imprisonment under this Act)
21	New Part 10A inserted
		Part 10A Victims’ rights
	198A	Application of this Part
	198B	Interpretation of terms used in this Part
	198C	Rights to be accorded to victim of specified offence
		Victim’s views about release on bail of accused or offender
	198D	Victim’s views about release on bail of accused or offender
		Right to receive notice of certain matters and to appoint representative
	198E	Right to receive notice of certain matters and to appoint representative
		Provisions relating to giving and receiving of notices and appointment of representatives
	198F	Change of address of victim or representative
	198G	Victim may opt out of receiving notices
	198H	Sections 40 to 46 of Victims’ Rights Act 2002 apply
		Sections 198J to 198N apply only to certain victims who request notice and give address
	198I	Application of sections 198J to 198N
		Notice of certain matters to be given to victim
	198J	Notice of release on bail of accused or offender
	198K	Notice of release or escape from custody, or of death, of accused or offender
	198L	Notice of breach of release or detention conditions
	198M	Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
	198N	Notice of proposal to cancel or suspend liability for deportation
		Submissions on deportation of offender
	198O	Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
22	Section 206 amended (Defence Force Orders)
23	New Schedule 1AA inserted
	Part 2 Amendments to Court Martial Act 2007
24	Principal Act
25	New section 6A inserted (Transitional, savings, and related provisions)
	6A	Transitional, savings, and related provisions
26	Section 15 repealed (Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges)
27	Section 26 amended (Procedure for assigning military members)
28	Section 27 amended (Accused may object against assignment of person as military member)
29	Section 28 amended (Substitute military members)
30	Section 49 amended (Judge may grant bail pending trial)
31	New Schedule 1AA inserted
	Part 3 Amendments to Court Martial Appeals Act 1953
32	Principal Act
33	New sections 2A and 2B inserted
	2A	Transitional, savings, and related provisions
	2B	Act binds the Crown
34	Section 9EA amended (Appeal by accused against finding relating to fitness to stand trial)
35	New section 9EB inserted (Appeal against order for detention, release, etc)
	9EB	Appeal against order for detention, release, etc
36	New Schedule 1 inserted
	Schedule 1 New Schedule 1AA inserted
	Schedule 2 New Schedule 1AA inserted
	Schedule 3 New Schedule 1 inserted
	Legislative history
	Administrative information

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Military Justice Legislation Amendment Act 2018

Military Justice Legislation Amendment Act 2018

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