High Court of Australia

Re Colonel Aird; Ex parte Alpert [2004] HCA 44

220 CLR 308; 209 ALR 311; 78 ALJ R 1451

9 Sep 2004

Case Number: B60/2003


Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ


Constitutional law (Cth) – Defence – Offences by service members – Service offences – Offence of sexual intercourse without consent – Offence allegedly committed overseas – Service member on leave – Whether beyond legislative power to make conduct of a service member allegedly committed while overseas on leave a service offence triable before an Australian service tribunal.

Defence – Military forces – Discipline – Service member on leave – Offence of sexual intercourse without consent – Offence alleged to have occurred in Thailand – Whether offence may be prosecuted before Australian service tribunal in Australia – Whether beyond constitutional power so to provide – Whether service connection sufficient within Constitution to found valid conferral of power upon tribunal.

Constitution – s 51(vi), Ch III.

Defence Force Discipline Act 1982 (Cth) – ss 9, 61.

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