Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:3_4:p1
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 1/2)
Character Range: 129459–132140

4  Current Military Judges automatically become members of the judge advocates' panel

Application
(1) This item applies to a person who purportedly held office as a Military Judge under section 188AP of the old Defence Force Discipline Act immediately before the High Court decision date.

Deemed appointment as judge advocate
(2) The person is taken to have been appointed on the commencement day, by force of this item, as a member of the judge advocates' panel, as if the person had been duly appointed by the Chief of the Defence Force under subsection 196(2) of the amended Defence Force Discipline Act.

Term and remuneration
(3) The person:
 (a) is taken to have been appointed under section 196 of the amended Defence Force Discipline Act, by instrument in writing, for:
 (i) the period of 8 years beginning on the commencement day; or
 (ii) if a day before the end of that 8 year period is declared to be the termination day under item 8 of this Schedule—for the period beginning on the commencement day and ending at the beginning of the termination day; and
 (b) is taken to have been appointed on the same terms and conditions as to remuneration, allowances and recreation leave and other leave entitlements as purportedly applied to the person immediately before the High Court decision date, subject to regulations under subitem (4).
(4) The person:
 (a) is entitled to such remuneration and allowances as are prescribed, which must not be less in value than the remuneration and allowances that purportedly applied to the person immediately before the High Court decision date; and
 (b) is to have such recreation leave and other leave entitlements as are prescribed, which must not be less in value than the recreation leave entitlements that purportedly applied to the person immediately before the High Court decision date.

Person does not hold a public office
(5) The person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973.

Resignation
(6) The person may resign his or her appointment by giving the Judge Advocate General a signed notice of resignation.

No employment outside the ADF
(7) The person must not engage in employment outside the duties of his or her office as a member of the judge advocates' panel, other than as a member of the Australian Defence Force.

Oath
(8) The person is taken to have made and subscribed an oath in accordance with Schedule 5 of the amended Defence Force Discipline Act.

Application of certain provisions
(8A) Subsection 196(2A) of the amended Defence Force Discipline Act does not apply to the appointment, by force of this item, of the person as a member of the judge advocates'