Document ID: chunk:federal_register_of_legislation:C2009A00092:clause:1_19
Version: federal_register_of_legislation:C2009A00092
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 25679–26871

19  Contempt of the AMC etc.
(1) If, because the AMC was not a validly created court, either of the following provisions:
 (a) section 53 of the old Defence Force Discipline Act;
 (b) section 89 of the Defence Act 1903 as in force immediately before the High Court decision date;
would not (apart from this item) apply to conduct that is or was engaged in by a person, that section is taken to have had the effect it would have had, and to continue to have the effect it would have, if it applied to that conduct.
Note: For example, a former member of a military jury may be liable to be prosecuted for an offence if the member discloses information about the deliberations of the jury.
(2) Without limiting the generality of subitem (1), that subitem applies to conduct engaged in contrary to an order purportedly made by the AMC (whether under section 140 of the old Defence Force Discipline Act or otherwise):
 (a) prohibiting or restricting the publication of a report of, or relating to, the whole or a part of proceedings; or
 (b) prohibiting or restricting the publication or disclosure of the identity of a person, or of information that might enable the identification of a person.