Federal Register of Legislation - Australian Government

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SLI 2007 No. 299 Regulations as made
These Regulations amend the Defence Force Discipline Appeals Regulations to replace any references to the terms 'Court martial' and 'Defence Force magistrate' with 'Australian Military Court'.
Administered by: Attorney-General's
Registered 27 Sep 2007
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Defence Force Discipline Appeals Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 299

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Force Discipline Appeals Act 1955.

Dated 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

BRUCE BILLSON

Minister for Veterans’ Affairs for the Attorney‑General


1              Name of Regulations

                These Regulations are the Defence Force Discipline Appeals Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on the commencement of Schedule 1 to the Defence Legislation Amendment Act 2006.

3              Amendment of Defence Force Discipline Appeals Regulations

                Schedule 1 amends the Defence Force Discipline Appeals Regulations.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Defence Force Discipline Appeals Regulations 1957.

[2]           Regulation 2

substitute

2              Definitions

Act means the Defence Force Discipline Appeals Act 1955.

Director of Military Prosecutions has the same meaning as in the Defence Force Discipline Act 1982.

Deputy Registrar means a Deputy Registrar appointed under subsection 19 (2) of the Act.

detention centre has the same meaning as in the Defence Force Discipline Act 1982.

legal practitioner has the same meaning as in section 39 of the Act.

Registrar means the Registrar of the Defence Force Discipline Appeal Tribunal but does not include a Deputy Registrar.

Registrar of the Australian Military Court has the same meaning as in the Defence Force Discipline Act 1982.

[3]           After paragraph 9 (1) (a)

insert

              (ab)    the Registrar of the Australian Military Court;

[4]           Regulation 10, heading

substitute

10            Furnishing records of the Australian Military Court etc to Tribunal

[5]           Subregulation 10 (1)

substitute

         (1)   If an appeal or application for leave to appeal against a conviction, prescribed acquittal or punishment by the Australian Military Court is lodged under the Act, the Registrar of the Australian Military Court must, if requested by the Registrar, cause to be furnished to the Tribunal for the purposes of that appeal or application:

                (a)    a record of the proceedings of the Australian Military Court; and

               (b)    documents that were before the Australian Military Court in connection with the proceedings.

[6]           Subregulation 10 (2)

omit

Chief of the Defence Force or service chief from whom the record or document was requested

insert

Registrar of the Australian Military Court

[7]           Subregulation 11 (2)

substitute

         (2)   An application under subregulation (1) must be accompanied by a statutory declaration made by the offender appellant setting out such information as is necessary to enable the Tribunal to determine whether the offender appellant’s means are insufficient to enable him or her to prosecute the appeal or application for leave to appeal.

[8]           Regulation 12

substitute

12            Discontinuance of Appeals etc

                An offender appellant or the Director of Military Prosecutions may, by notice in writing to the Registrar:

                (a)    withdraw an application for leave to appeal; or

               (b)    discontinue an appeal;

at any time before the hearing of the application is commenced.

[9]           Regulation 16, heading

substitute

16            Offender appellant in custody

[10]         Regulation 18

substitute

18            Notification of hearing

                The Registrar must, as soon as practicable before the hearing of an appeal or application for leave to appeal, or of a matter preliminary or incidental to an appeal, notify the following persons, in writing, of the time, date and place of the hearing:

                (a)    the offender appellant or the legal practitioner, if any, by whom the offender appellant is to be represented at the hearing;

               (b)    the Chief of the Defence Force, or service chief, whose duty it is to undertake the defence of the appeal, application or matter by an offender appellant;

                (c)    the Director of Military Prosecutions.

[11]         After regulation 23

insert

24            Procedure following decision on appeal, application or matter

         (1)   When the Tribunal makes its decision on an appeal, application or matter, the Tribunal must, as soon as practicable after making the decision, prepare a written statement that sets out the decision of the Tribunal on the appeal, application or matter.

         (2)   The Tribunal must, as soon as practicable after preparing a written statement under subregulation (1), provide a copy of the statement to the Registrar.

         (3)   The Registrar must, as soon as practicable after receiving a written statement under subregulation (2), give to the Registrar of the Australian Military Court:

                (a)    a copy of the statement; and

               (b)    a copy of the record of proceeding of the Tribunal on the appeal, application or matter.

[12]         Further amendments

 

Provision

omit each mention of

insert

regulation 3

he

he or she

paragraphs 9 (1) (b) to (e)

appellant

offender appellant

regulation 11

appellant

offender appellant

subregulation 11 (1)

he

the offender appellant

subregulation 11 (1)

his

his or her

subregulation 11 (2)

him

the offender appellant

subregulation 11 (2)

his

his or her

paragraph 11 (3) (a)

him

him or her

paragraph 11 (3) (a)

his

his or her

regulation 12

his

his or her

paragraph 13 (b)

appellant

offender appellant

regulation 16

appellant

offender appellant

regulation 16

he

he or she

subregulation 16 (1)

his

his or her

subregulation 17 (2)

deputy

Deputy

subregulation 17 (3)

he

he or she

regulation 19

he

he or she

regulation 19

appellant

offender appellant

subregulation 21 (1)

deputy

Deputy

regulation 23

appellant

offender appellant


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.