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ToadKing__
Representative
- Joined
- Apr 4, 2025
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CONGRESS OF THE
COMMONWEALTH OF REDMONT
A BILL TO
Establish The Armed Forces of The Commonwealth of Redmont, and a Military Code
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
PART I — PRELIMINARIES
1. Short Title and Enactment
(1) This Act may be cited as the ‘Armed Forces of the Commonwealth of Redmont Act’
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored initially by Warrant Officer xEndeavour and improved substantially by Lieutenant ToadKing.
(4) This Act has been co-sponsored by Major EATB.
2. Reasons and Intent
(1) To ensure national security and the defence of the Commonwealth.
(2) To provide comprehensive structure, discipline, and legitimacy to the Armed Forces that the previous Act was crucially missing.
(3) To protect sovereignty and respond to both internal and external threats.
(4) To codify military offences and establish fair procedures for military justice.
3. Definitions
(1) For the purposes of this Act, the following definitions shall apply:
(a) Armed Forces. Means the Armed Forces of the Commonwealth of Redmont (AFCR) as established under this Act.
(b) Member. Means any person enlisted, commissioned, or otherwise serving in the Armed Forces, regardless of rank.
(c) Superior Officer. Means any commissioned or non-commissioned officer of higher rank than the member in question.
(d) Commanding Officer. Means the officer in command of a unit, formation, or establishment.
(e) Lawful Command. Means any order given by a superior officer that:
(i) Is within the authority of the officer give;
(ii) Relates to military duty; and
(iii) Does not require the commission of a criminal offence.
(f) Military Property. Means any property owned, issued, or controlled by the Armed Forces, or the DHS, for military purposes.
(g) Duty. Means any task, assignment, or obligation required by a member by virtue of their service.
(h) Post. Means a designated position, location, or station to which a member is assigned.
4. Repealed Laws
(1) The following Acts of Congress are hereby repealed:
(a) Armed Forces of the Commonwealth of Redmont Act.
5. Additions to Military Offences
(1) Additions are to be formatted in accordance with this standard formatting.
(#) Offence Name
Offence Type: Military Summary/Military Indictable
Penalty: Various options.
(a) Reprimand
(b) Up to x amount of imprisonment or penalty units
(c) Reduction in rank
(d) Suspension or discharge from service
(e) All separated by a semi-colon.
A member commits an offence if the member:
(a) establish the legal test for your offence
This offence shall not occur where:
(a) establish the legal test where it is not an offence
PART II — ESTABLISHMENT AND COMMAND
1. Establishment of the Armed Forces(1) The Armed Forces of the Commonwealth of Redmont are hereby established as a subordinate military entity under the Department of Homeland Security.
(2) The Armed Forces shall serve as the primary military force responsible for the defence and security of the Commonwealth.
2. Commander-in-Chief
(1) The President is hereby established as the Commander-in-Chief of the Armed Forces.
(2) The Commander-in-Chief shall have supreme command authority over all military operations and personnel.
(3) The Commander-in-Chief may delegate operational authority to subordinate commanders as appropriate.
3. Officer Ranks
(1) The following officer ranks are established in descending order of seniority:
| Abbreviation | Rank | Role | Appointed By |
| O3 | Major (MAJ) | Company Commander | President |
| O2 | Captain (CAPT) | Company Second-in-Command (2IC) | Company Commander |
| O1 | Lieutenant (LT) | Platoon Commander | Company Commander |
(2) Officers hold their commissions at the pleasure of the President and may be removed for cause.
4. Enlisted Ranks
(1) The following enlisted ranks are established in descending order of seniority:
| Abbreviation | Rank | Role | Appointed By |
| E5 | Warrant Officer (WO) | Company Sergeant Major | Company Commander |
| E4 | Sergeant (SGT) | Platoon Sergeant | Company Commander |
| E3 | Corporal (CPL) | Section Commander | Company Commander |
| E2 | Private (PTE) | Section Member | Company Commander |
| E1 | Recruit (REC) | Trainee | Company Commander |
5. Unit Structure
(1) The Armed Forces shall be organised into the following structure:
(a) Company. The primary organisational unit, designated by letter (e.g. A Company).
(b) Platoon. A subordinate element of a Company, designated by number (e.g. 1 Platoon).
(c) Section. A subordinate element of a Platoon, designated by number (e.g. 1 Section).
(2) The command structure is as follows:
Company (COY)
- Major (O3) — Company Commander
- Captain (O2) — Company 2IC
- Warrant Officer (E5) — Company Sergeant Major
Platoon (PL)
- Lieutenant (O1) — Platoon Commander
- Sergeant (E4) — Platoon Sergeant
Section (SEC) x3
- Corporal (E3) — Section Commander
- Private (E2) — Section Member (up to 8)
- Recruit (E1) — Trainee
6. Position Limitations
(1) Ranks are limited by position availability as follows:
(a) One (1) Major per Company;
(b) One (1) Captain per Company;
(c) One (1) Warrant Officer per Company;
(d) One (1) Lieutenant per Platoon;
(e) One (1) Sergeant per Platoon;
(f) One (1) Corporal per Section;
(g) Up to eight (8) Privates per Section;
(2) Positions may only be filled when vacancies exist.
(3) Temporary or acting appointments may be made to fill vacancies pending permanent appointment.
PART III — DUTIES AND POWERS
1. Primary Responsibilities(1) The Armed Forces shall be responsible for:
(a) Defending the territorial integrity of Redmont against external threats;
(b) Assisting civil authorities during states of emergency;
(c) Responding to internal security threats when authorised;
(d) Participating in training, drills, and national security operations;
(e) Engaging in peacekeeping missions when authorised;
(f) Supporting disaster response efforts.
2. Deployment Authority
(1) The Armed Forces may be deployed domestically or abroad only under the authority of the President.
(2) Congressional approval is required to deploy the AFCR into warlike operations, except as provided in subsection (3)
(3) The President may deploy the Armed Forces into warlike operations without Congressional approval only when:
(a) There is an imminent threat to the Commonwealth requiring immediate response;
(b) Delay would result in significant harm to national security; or
(c) Emergency circumstances make Congressional consultation impractical.
(4) Where the President deploys under subsection (3), the President shall:
(a) Notify Congress within 72 hours of deployment;
(b) Seek Congressional ratification within 7 days; and
(c) Withdraw forces if ratification is not obtained, unless doing so would endanger personnel.
3. Aid to Civil Authority
(1) The Armed Forces may be called upon to assist civil authorities in:
(a) Maintaining public order during states of emergency; or
(b) Providing specialised capabilities not available to civilian agencies.
(2) When providing aid to civil authority, the Armed Forces shall:
(a) Operate under the direction of the appropriate civil authority;
(b) Use the minimum force necessary; and
(c) Return to normal military command upon completion of the assistance.
PART IV — LIMITATIONS AND OVERSIGHT
1. Subordination to Civilian Authority(1) The Armed Forces shall at all times remain subordinate to the civilian government of the Commonwealth.
(2) Military authority shall not be used to override or supplant civilian governmental authority.
(3) Individual members may hold civilian government positions concurrently with their military service.
2. Congressional Oversight
(1) The Armed Forces shall be subject to the laws and oversight of Congress.
(2) Congress may:
(a) Investigate military operations and conduct;
(b) Require reports from military commanders;
(c) Summon military personnel to testify before hearings;
(d) Approve or reject the military spending.
3. Compliance with Law
(1) Members of the Armed Forces must operate within the bounds of both military and civilian law.
(2) No member may be ordered to commit a criminal offence under civilian law.
(3) A member who receives an order requiring the commission of a criminal offence:
(a) Has a duty to refuse such order; and
(b) Shall not be penalised for such refusal.
4. Prohibited Actions
(1) The Armed Forces as an organisation shall not:
(a) Engage in political activities or support any political party;
(b) Interfere with elections or the democratic process;
(c) Be used to suppress lawful political dissent; or
(d) Conduct operations against civilians except as authorised by law.
PART V — MILITARY HEARINGS AND PROCEEDINGS
1. Authority to Charge(1) The authority to bring forward charges under military law lies with:
(a) Any commissioned officer who has directly witnessed an offence; or
(b) Any commissioned officer who has received credible evidence of an offence.
(2) Charges shall be made in writing and shall specify:
(a) The offence alleged;
(b) The data, time, and place of the alleged offence;
(c) The facts giving rise to the charge; and
(d) The identity of any witnesses
2. Types of Proceedings
(1) Military offences may be dealt with by:
(a) Summary Hearing. For Military Summary Offences; or
(b) Military Tribunal. For Military Indictable Offences.
3. Summary Hearings
(1) Summary hearings shall be convened and presided over by an officer of rank O1 or higher.
(2) The presiding officer shall not be:
(a) The officer who brought the charges;
(b) A witness to the alleged offence; or
(c) Otherwise unable to act impartially.
(3) Summary hearings shall be conducted within 7 days of charges being laid, unless extended for good cause.
(4) The standard of proof at a summary hearing is the balance of probabilities.
4. Military Tribunals
(1) Military tribunals shall be convened for Military Indictable Offences.
(2) A tribunal shall consist of:
(a) A presiding officer of rank O2 or higher; and
(b) Two additional officers and/or non-commissioned officers of rank E4 or higher.
(3) The standard of proof at a military tribunal is beyond reasonable doubt.
(4) Tribunals shall be convened within 14 days of charges being laid, unless extended for good cause.
5. Rights of the Accused
(1) A member charged with a military offence shall be entitled to:
(a) Written notice of the charges against them within 48 hours of charges being laid;
(b) Reasonable time to prepare a defence;
(c) The right to respond to the charges and present a defence;
(d) The right to call and examine witnesses;
(e) The right to request representation by a designated military defence counsel;
(f) The right to request legal representation at their own expense;
(g) The presumption of innocence until proven guilty;
(h) The right to remain silent without adverse inference;
(i) The right to appeal the outcome to the Federal Court.
(2) The accused shall be provided with:
(a) Copies of all evidence to be presented against them;
(b) A list of witnesses to be called; and
(c) Access to any exculpatory evidence in the possession of the prosecution.
6. Conduct of Hearings
(1) Military hearings shall be conducted as follows:
(a) The charges shall be laid to the accused;
(b) The accused shall be asked to enter a plea;
(c) The prosecution shall present its case;
(d) The accused shall have the opportunity to respond;
(e) The presiding officer or tribunal shall deliberate and announce findings;
(f) If found guilty, the accused may present matters in mitigation before sentencing.
(2) Proceedings shall have a written record maintained.
7. Evidence
(1) The rules of evidence shall be applied with flexibility appropriate to the military context, provided that:
(a) All relevant evidence may be admitted;
(b) Evidence that is unreliable or unfairly prejudicial may be excluded;
(c) Hearsay evidence may be admitted with appropriate weight.
(2) The accused may not be compelled to give evidence against themselves.
8. Findings and Verdicts
(1) At the conclusion of proceedings, the presiding officer or tribunal shall:
(a) Announce findings of guilty or not guilty on each charge; and
(b) Provide reasons for the findings.
9. Appeals
(1) A member found guilty of a military offence may appeal:
(a) The finding of guilt; or
(b) The penalty imposed.
(2) Appeals shall be made within 1 month of the decision.
(3) Appeals from summary hearings shall be heard by a Military Tribunal.
(4) Appeals from tribunals or regarding serious matters may be made to the Federal Court.
(5) Pending appeal:
(a) Imprisonment shall not commence, or cease commencing, for the duration of the appeal;
(b) Discharge shall not take effect; and
(c) Other penalties may be suspended at the discretion of the appellate authority.
10. Referral to Civilian Courts
(1) Where a military offence also constitutes a civilian criminal offence, the matter may be referred to civilian law enforcement and courts.
(2) An accused may not be punished twice for the same conduct under both military and civilian proceedings.
(3) The determination of whether to proceed under military or civilian jurisdiction shall be made by the Company Commander in consultation with the Attorney General.
11. Record of Proceedings
(1) A record of all charges, proceedings, findings, and penalties shall be maintained by the Armed Forces.
(2) A member may apply to have records expunged after 3 months, subject to approval by the Company Commander.
PART VI — PENALTIES AND SANCTIONS
1. General Sentencing Principles(1) In determining an appropriate penalty, the presiding officer or tribunal shall consider:
(a) The nature and seriousness of the offence;
(b) The intent and conduct of the offender;
(c) Any aggravating or mitigating circumstances;
(d) The offender’s service record and prior conduct;
(e) The impact on good order and discipline;
(f) The need for deterrence; and
(g) The need for rehabilitation.
(2) The penalty imposed shall be proportionate to the offence and no more severe than necessary to achieve the purposes of military discipline.
2. Available Penalties
(1) The Following penalties may be imposed for military offences:
(a) Verbal Reprimand. A formal oral warning recorded against a member.
(b) Written Reprimand. A formal written warning recorded against a member.
(c) Fine. A monetary payment in penalty units as specified for each offence.
(d) Reduction in Rank. Demotion by one or more ranks.
(e) Removal from Command. Removal from a position of command or supervisory responsibility.
(f) Restitution. Payment for damage to or loss or property.
(g) Imprisonment. Confinement in a civilian prison for a period specified in the relevant offence.
(h) Discharge with Honour. Separation from service under honourable conditions.
(i) Discharge without Honour. Separation from service under conditions that are neither honourable nor dishonourable.
(j) Dishonourable Discharge. Separation from service under dishonourable conditions.
3. Limitations on Penalties
(1) Only a Military Tribunal may impose:
(a) Imprisonment exceeding 60 minutes;
(b) Fines exceeding 25 Penalty Units;
(c) Reduction of more than one rank; or
(d) Any form of discharge.
(2) Only the Commander-in-Chief, upon recommendation of a tribunal, may approve a dishonourable discharge.
4. Penalty Units
(1) Penalty Units under this Act shall have the same value as those established under the Criminal Code.
5. Discharge Classifications
(1) Discharge with Honour shall be granted where:
(a) The member has served satisfactorily; or
(b) The discharge is not related to misconduct.
(2) Discharge without Honour may be imposed where:
(a) The member’s conduct warrants separation but does not merit dishonourable discharge; or
(b) The offence is serious, but mitigating factors exist.
(3) Dishonourable Discharge shall only be imposed where:
(a) The member has committed a serious military offence;
(b) The conduct fundamentally violated military standards; and
(c) No mitigating factors warrant a lesser classification.
(4) A member dishonourably discharged shall be:
(a) Barred from re-enlistment for a period not exceeding 3 months.
PART VII — MILITARY OFFENCES
1. Disobeying a Lawful CommandOffence Type: Military Summary
Penalty: Reprimand; Up to 10 Penalty Units; Reduction in rank
A member commits an offence if the member:
(a) wilfully refuses or fails to obey a lawful command given by a superior officer.
This offence shall not occur where:
(b) the command was unlawful;
(c) compliance was physically impossible; or
(d) compliance would have required the commission of a criminal offence.
2. Insubordination
Offence Type: Military Summary
Penalty: Reprimant; Up to 15 Penalty Units; Reduction in rank
A member commits an offence if the member:
(a) displays open disrespect toward a superior officer; or
(b) uses threatening or abusive language toward a superior officer.
This offence shall not occur where:
(c) the member was making a good-faith report of misconduct through appropriate channels.
3. Absent Without Leave (AWOL)
Offence Type: Military Summary
Penalty: Reprimand; Up to 10 Penalty Units
A member commits an offence if the member:
(a) fails to report for duty at the appointed time;
(b) is absent from duty without authorisation; or
(c) fails to return from leave at the specified time.
This offence shall not occur where:
(d) the absence was due to circumstances beyond the member’s control;
(e) the member was physically incapacitated; or
(f) the member made reasonable efforts to notify their chain of command.
4. Prejudicial Conduct
Offence Type: Military Summary
Penalty: Reprimand; Up to 20 Penalty Units; Reduction in rank
A member commits an offence if the member:
(a) engages in conduct that brings disrepute upon the Armed Forces; or
(b) acts in a manner prejudicial to good order and discipline.
5. Misuse of Military Property
Offence Type: Military Summary
Penalty: Reprimand; Up to 25 Penalty Units; Up to 30 minutes imprisonment; Reduction in rank; Restitution
A member commits an offence if the member:
(a) uses military property without authorisation;
(b) wilfully or negligently damages or loses military property; or
(c) disposes of military property without authorisation.
This offence shall not occur where:
(d) the use was authorised by a superior officer; or
(e) the use was necessary in an emergency to prevent harm.
6. Conduct Unbecoming
Offence Type: Military Indictable
Penalty: Up to 30 Penalty Units; Reduction in rank; Removal from command
An officer or non-commissioned officer commits an offence if the officer:
(a) acts in a manner unbecoming of their rank; or
(b) abuses their position of authority.
7. Obstruction of Military Justice
Offence Type: Military Indictable
Penalty: Up to 35 Penalty Units; Up to 60 minutes imprisonment; Discharge without honour
A member commits an offence if the member:
(a) obstructs a military investigation or hearing;
(b) influences or intimidates a witness; or
(c) destroys or conceals relevant evidence.
8. Abuse of Authority
Offence type: Military Indictable
Penalty: Up to 45 Penalty Units; Up to 60 minutes imprisonment; Reduction in rank; Removal from command; Discharge without honour
A member commits an offence if the member:
(a) uses their position to unlawfully harm or disadvantage another; or
(b) orders a subordinate to act outside military duty for personal benefit.
9. Assault on Another Member
Offence Type: Military Indictable
Penalty: Up to 60 Penalty Units; Up to 60 minutes imprisonment; Reduction in rank; Removal from command; Discharge without honour
A member commits an offence if the member:
(a) intentionally hits a:
(i) subordinate; or
(ii) superior officer; and
(b) causes the member to lose 3 or more hearts.
This offence shall not occur where:
(c) the force used was reasonable and necessary:
(i) in self-defence; or
(ii) in defence of another.
10. Mutiny
Offence Type: Military Indictable
Penalty: Up to 100 Penalty Units; Up to 120 minutes imprisonment; Dishonourable discharge
A member commits an offence if the member:
(a) acts in concert with one or more members to:
(i) overthrow or usurp lawful military command; or
(ii) collectively refuse to obey orders or perform duties; or
(iii) use violence or threat of violence against military authority; or
(b) incites, encourages, or conspires with one or more members to commit acts described in subsection (a); or
(c) has knowledge of acts described in subsection (a); and
(i) fails to report it to the appropriate authority; or
(ii) take reasonable steps to suppress it.
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