Defence Act 1954

Dismissal of officers.

50

50. (1) The President may dismiss any officer.

(2) Except in the case of an officer who is sentenced by a civil court to suffer F33 [ ] F34 [ ] imprisonment for a term exceeding six months or who is absent without leave for a period exceeding three months, an officer shall not be dismissed under this section unless or until the reasons for the proposed dismissal have been communicated to him and such officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed dismissal.

(3) An officer who is dismissed shall cease to be an officer.

F35 [ (4) This section shall not apply to a military judge. ]

Annotations:

Amendments:

F33

Deleted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7, sch. 1, para. 4(a), commenced on enactment.

F34

Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2, para. 3, commenced as per s. 1.

F35

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.