Australian Military Court
AMC
1 October 2007 – 26 August 2009
Permanent military court that tried members of the Australian Defence Force for serious service offences, with a Chief Military Judge and military judges appointed for fixed terms.
How it came into existence
Created by the Defence Legislation Amendment Act 2006, which amended the Defence Force Discipline Act 1982, and commenced on 1 October 2007, replacing trial by general and restricted courts martial and Defence Force magistrates.
Legislation: Defence Force Discipline Act 1982 (as amended by the Defence Legislation Amendment Act 2006)
How it ended
Held invalid by the High Court in Lane v Morrison on 26 August 2009 because it purported to exercise the judicial power of the Commonwealth without being a Chapter III court; the Military Justice (Interim Measures) Act (No. 1) 2009 then restored trial by courts martial and Defence Force magistrates in its place.
Main functions
- Trial of serious service offences
- Sentencing of convicted ADF members
- Conducting proceedings in Australia and overseas
Where it sits
Last in the portfolio of Department of Defence.
Lineage
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