Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:3_2:p1
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 1/2)
Character Range: 123834–126535

2  Current Chief Military Judge automatically becomes the Chief Judge Advocate
(1) This item applies to the person who purportedly held office as Chief Military Judge under section 188AC of the old Defence Force Discipline Act immediately before the High Court decision date.

Deemed appointment as Chief Judge Advocate
(2) The person is taken to have been appointed on the commencement day, by force of this item, as the Chief Judge Advocate, as if the person had been duly appointed by the Judge Advocate General under section 188A of the amended Defence Force Discipline Act.

Term and remuneration
(3) The person:
 (a) is taken to have been appointed under section 188A of the amended Defence Force Discipline Act, by instrument in writing:
 (i) for 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 made under subitem (4).
(4) Despite section 188E of the amended Defence Force Discipline Act, 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 and other 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 Chief Judge Advocate, other than as a member of the Australian Defence Force.

Application of certain provisions
(7A) Subsections 188A(2) and (3) of the amended Defence Force Discipline Act do not apply to the appointment, by force of this item, of the person as the Chief Judge Advocate.
(8) To avoid doubt, sections 188B, 188C and 188D of the amended Defence Force Discipline Act apply to the person.

Certain