Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_188bb
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 188BB
Character Range: 45133–47806

188BB  Acting Military Judges

Recommendation to appoint an acting Military Judge

 (1) If, after receiving advice from the Chief Military Judge, the Minister considers that a charge that has been, or will be, referred to the Australian Military Court requires the experience or expertise of a person who:
 (a) has been a Chief Military Judge or Military Judge; or
 (b) is, or has been, a justice, judge or magistrate of a federal court, or of a State or Territory court;
the Minister may make a recommendation to the Governor‑General that the person be appointed to act as a Military Judge to try the charge and, in the case of a conviction, take action under Part IV.

Appointment

 (2) If the Minister makes such a recommendation, the Governor‑General may, by written instrument, appoint the person as an acting Military Judge.

Qualifications

 (3) However, the Governor‑General must not appoint the person unless:
 (a) the person is enrolled as a legal practitioner and has been so enrolled for not less than 5 years; and
 (b) the person is a member of:
 (i) the Permanent Navy, the Regular Army or the Permanent Air Force; or
 (ii) the Reserves; and
 (c) the person holds a rank not lower than the naval rank of commander or the rank of lieutenant colonel or wing commander; and
 (d) the person meets the person's individual service deployment requirements.

Term of appointment

 (4) An acting Military Judge holds office for the period specified in the instrument of appointment. The instrument must provide that the period ends on:
 (a) if the proceedings for the charge are terminated without the accused person being acquitted or convicted—the day of the termination; or
. (b) if the accused person is acquitted—the day of the acquittal; or
 (c) if the accused person is convicted—the day that action is taken under Part IV.

Appointment to be part‑time

 (5) An acting Military Judge holds office on a part‑time basis.

Resignation

 (6) An acting Military Judge may resign his or her appointment by giving the Governor‑General a written resignation. The resignation takes effect 2 weeks after it is given.

Terms and conditions etc.

 (7) The following provisions apply to an acting Military Judge as if a reference to "Military Judge" in those provisions included a reference to "acting Military Judge":
 (a) section 188AQ (appointment not to affect tenure etc.);
 (b) section 188AT (oath or affirmation);
 (c) section 188AU (remuneration);
 (d) section 188AV (leave of absence);
 (e) subsection 188AW(2) (outside employment);
 (f) subsection 188AX(1) (no promotion);
 (g) section 188AZ, other than paragraph 188AZ(2)(b) (termination of appointment).