The Military Court of Australia was a proposed

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

military justice Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...

for the

Australian Defence Force The Australian Defence Force (ADF) is the military organisation responsible for the defence of the Commonwealth of Australia and its national interests. It consists of the Royal Australian Navy (RAN), Australian Army, Royal Australian Air Forc ...

. It would have replaced the previous

Australian Military Court The Australian Military Court (AMC) was a military service tribunal established in 2007 with the primary aim of maintaining military justice within the Australian Defence Force. In August 2009, the High Court of Australia ruled that the AMC was ...

which was deemed unconstitutional by the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

with legal grounding under Chapter 3 of the

Australian Constitution The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...

. The structure of the court was drafted by the

Australian Department of Defence Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Aus ...

and Attorney-General's Department and was introduced as a legislative bill to Parliament in 2012. The bill lapsed with the

prorogation Prorogation in the Westminster system of government is the action of proroguing, or interrupting, a parliament, or the discontinuance of meetings for a given period of time, without a dissolution of parliament. The term is also used for the period ...

of Parliament for the

2013 Australian federal election The 2013 Australian federal election to elect the members of the 44th Parliament of Australia took place on 7 September 2013. The centre-right Liberal/National Coalition opposition led by Opposition leader Tony Abbott of the Liberal Party of Aus ...

and has not been reintroduced. In the absence of a military court, the current military justice system involves the use of

courts martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...

and "Defence Force Magistrate" trials.

References

External links

Australian Department of Defence Military Justice System
* *
Military Justice (Interim Measures) Amendment Bill 2011 Second Reading Speech
Commonwealth of Australia courts and tribunals

Military Court A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

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