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Interim measures for military justice

user iconLawyers Weekly 11 September 2009 NewLaw

A bill introduced by the Federal Government this week will instate an interim military justice system, after the High Court recently found that the Australian Military Court was invalid. Last…

A bill introduced by the Federal Government this week will instate an interim military justice system, after the High Court recently found that the Australian Military Court was invalid.

Last month the High Court found that the Military Court, which was revamped under the Howard government, contravened chapter three of the Constitution. .

Defence Minister John Faulkner introduced two bills into parliament this week outlining the measures allowing the interim system to operate until legislation is passed for more permanent arrangements. The Senate has been urged by the Government to deal with the bills urgently.

"The Government is reintroducing the former system of trials by court martial and Defence Force magistrates," said Senator Faulkner in a statement.

"This system has a number of safeguards within it to ensure that Australian Defence Force members are treated fairly."

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