Contents
- Part 1 Preliminary
- Part 2 Transitional provisions
- 5 Application of new rules of procedure in proceedings commenced before the commencement of Schedule 2 to the Act
- 6 Limitation on period of detention for persons detained under section 194 before the commencement of Part 2 of Schedule 3 to the Act
- 7 Period of detention under section 194 before the commencement of Part 2 of Schedule 3 to the Act to be taken into account when making mental health orders
Part 1 · Preliminary
1 Name#
This instrument is the Defence Force Discipline (RCDVS Implementation and Related Measures No. 1) Transitional Rules 2026.
2 Commencement#
This instrument commences on the day after this instrument is registered.
3 Authority#
This instrument is made under item 1 of Schedule 6 to the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Act 2026.
4 Definitions#
Note: A number of expressions used in this instrument are defined in section 3 of the Defence Force Discipline Act 1982, including the following:
(a) Defence Force magistrate;
(b) judge advocate.
In this instrument:
proceedings means proceedings under Division 2 of Part VIII of the Defence Force Discipline Act 1982 as amended by the Act.
Part 2 · Transitional provisions
5 Application of new rules of procedure in proceedings commenced before the commencement of Schedule 2 to the Act#
(1)Subject to this rule, a judge advocate or a Defence Force magistrate may rule to apply amendments to the Defence Force Discipline Act 1982 made by Schedule 2 to the Act that relates to a rule or rules of procedure (the new rules of procedure) in proceedings that commenced before the commencement of that Schedule.
(2)Before applying any new rules of procedure contained in Schedule 2 to the Act, the judge advocate or Defence Force magistrate must:
(a)allow the parties to the proceeding be heard in respect of the application of the new rules of procedure; and
(b)make the decision about whether to apply the new rules of procedure having regard to the interests of justice.
(3)Any party to the proceedings may request that the judge advocate or Defence Force magistrate apply a new rule or rules of procedure.
6 Limitation on period of detention for persons detained under section 194 before the commencement of Part 2 of Schedule 3 to the Act#
(1)If, immediately before the commencement of Part 2 of Schedule 3 to the Act, a person is in custody under section 194 of the Defence Force Discipline Act 1982, and the Governor-General determines that an order is not to be made under subitem 48(2) of Part 2 of Schedule 3 to the Act, the Governor-General must make an order that specifies when that person’s period of detention must end.
(2)The total time for which a person is subject to custody under an order made pursuant to subsection 6(1) must not exceed the total maximum period that an order may be issued under section 178G of the Defence Force Discipline Act 1982.
7 Period of detention under section 194 before the commencement of Part 2 of Schedule 3 to the Act to be taken into account when making mental health orders#
If a Defence Mental Health Tribunal makes an order for a period of detention under section 178G, on referral from the Governor-General making an order that relates to detention under subitem 48(2) of Part 2 of Schedule 3 to the Act, the period of detention ordered when combined with the period that the person was subject to detention under section 194 of the Defence Force Discipline Act 1982 prior to referral to the Defence Mental Health Tribunal, must not exceed the total maximum period for which an order may be issued under section 178G of the Defence Force Discipline Act 1982.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.