Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 75

75. After section 196 of the Principal Act the following sections are
inserted: Annual report relating to Defence Force discipline law

"196A. (1) The Judge Advocate General shall, as soon as practicable after each
31 December, prepare and furnish to the Minister a report relating to-

   (a)  the operation of this Act, the regulations and the rules of procedure;
        and

   (b)  the operation of any other law of the Commonwealth or of the
        Australian Capital Territory in so far as that law relates to the
        discipline of the Defence Force, during the year ending on that 31
        December.

"(2) The Minister shall cause a copy of a report furnished to him under
sub-section (1) to be laid before each House of the Parliament within 15
sitting days of that House after the day on which he receives the report.

"(3) A report under sub-section (1) shall set out such statistical information
as the Judge Advocate General considers appropriate.

"(4) The first report under sub-section (1) shall relate to the period
commencing on the proclaimed date and expiring on the next succeeding 31
December. Independent review of Defence Force discipline law

"196B. (1) The Minister shall, as soon as practicable after the expiration of
3 years after the proclaimed date, establish a Board, to be known as the
Defence Force Discipline Legislation Board of Review, consisting of such
persons as he determines.

"(2) The Board shall, within 12 months after it is established, prepare and
furnish to the Minister a report relating to-

   (a)  the operation of this Act, the regulations and the rules of procedure;
        and

   (b)  the operation of any other law of the Commonwealth or of the
        Australian Capital Territory in so far as that law relates to the
        discipline of the Defence Force.



"(3) The Minister may determine-

   (a)  the manner in which the Board is to perform its functions; and

   (b)  the procedure to be followed at or in relation to meetings of the
        Board, including, but without limiting the generality of the
        foregoing, matters with respect to-

        (i)    the convening of meetings of the Board;

        (ii)   the number of members of the Board who are to constitute a
               quorum;

        (iii)  the selection of a member of the Board to preside at meetings
               of the Board; and

        (iv)   the manner in which questions arising at a meeting of the Board
               are to be decided.



"(4) A member of the Board shall be paid such remuneration (if any) as is
determined by the Remuneration Tribunal.

"(5) Subject to the Remuneration Tribunals Act 1973, a member of the Board
shall be paid such allowances as the Minister determines in writing.

"(6) The Minister shall make available to the Board such secretarial and
clerical assistance as is necessary to enable the Board to perform its
functions.

"(7) The Secretary to the Department and each chief of staff shall make
available to the Board such information and documents as are necessary to
enable the Board to perform its functions.

"(8) Sub-section (7) does not apply in relation to information or a document
if the Attorney-General certifies, by writing signed by him, that the
disclosure of the information, or of the contents of the document, to the
Board would be contrary to the public interest-

   (a)  by reason that it would prejudice the security, defence or
        international relations of Australia;

   (b)  by reason that it would involve the disclosure of deliberations or
        decisions of the Cabinet or of a Committee of the Cabinet; or

   (c)  for any other reason specified in the certificate that could form the
        basis for a claim by the Crown in right of the Commonwealth in a
        judicial proceeding that the information or the contents of the
        documents should not be disclosed.



"(9) The Minister shall cause the report of the Board to be laid before each
House of the Parliament within 15 sitting days of that House after the receipt
of that report by the Minister.".