Defence (Amendment) Act 2011
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Amendment of section 184J of Principal Act. |
5.— (1) Section 184J(1) of the Principal Act is amended by inserting “, or a qualified person other than an officer of the Permanent Defence Force,” after “Permanent Defence Force”. | |
(2) Section 184J(2) of the Principal Act is amended by inserting “, or a person other than an officer of the Permanent Defence Force,” after “An officer”. | ||
(3) Section 184J of the Principal Act is amended by inserting the following subsection after subsection (3): | ||
“(3A) For the purposes of this section— | ||
(a) service, in respect of which a determination has been made in accordance with section 184K(2A), shall be deemed to be practice as a barrister or a solicitor as the case may be, for the period to which that service relates, and | ||
(b) the officer in respect of whom that service relates shall be deemed to be a practising barrister or a practising solicitor, as the case may be, while holding the position to which that service relates.”. | ||
(4) Section 184J of the Principal Act is amended by inserting the following subsection after subsection (3A): | ||
“(3B) For the purposes of this section, having regard to the appointment of a person other than an officer of the Permanent Defence Force— | ||
(a) service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956 ) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period, and | ||
(b) a person other than an officer of the Permanent Defence Force, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.”. | ||
(5) Section 184J of the Principal Act is amended by inserting the following subsection after subsection (4): | ||
“(5) Where a qualified person, referred to in subsection (1), is to be appointed under subsection (1) to be a military judge that person shall, for the purposes of subsection (4), be nominated for appointment as a commissioned officer under section 42 at the rank specified in subsection (4).”. |