Gary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | Hansard source

The Military Justice (Interim Measures) Amendment Bill 2013 extends the interim regime established by the Military Justice Interim Measures Act (No. 1) 2009, following the High Court's invalidation of the legislation establishing the Australian Military Court in the case of Lane and Morrison, of 2009. The interim regime provides for the appointment and remuneration of the Chief Judge Advocate and other statutory office holders on a fixed tenure of four years. That tenure expires in September this year. The purpose of the bill is to extend the tenure for an additional two years or for a lesser period specified by the Minister for Defence by legislative instrument. That legislative instrument would not be subject to disallowance.

The Attorney-General's and Defence departments are currently working on a bill for the successor to the Australian Military Court. The relevant ministers have advised that they intend to introduce that bill in the winter sittings—although, at this stage, it is very late in the piece and we have plenty of other legislation to be getting on with. There are, however, several unresolved legal issues with the proposed bill, and it seems likely this will be a matter for the next parliament. Recognising the desirability of maintaining the status quo until that is resolved, the coalition is pleased to support this bill.