Federal Register of Legislation - Australian Government

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SLI 2008 No. 186 Regulations as made
These Regulations amend the Defence Force Discipline Appeals Regulations 1957. The consequential amendments are required to reflect the amendments made by the Defence Legislation Amendment Act 2006 and the Defence Legislation Amendment Act 2008.
Administered by: Defence
Registered 19 Sep 2008
Tabling HistoryDate
Tabled HR23-Sep-2008
Tabled Senate23-Sep-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Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013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 2008 (No. 1)1

Select Legislative Instrument 2008 No. 186

I, QUENTIN BRYCE, 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 18 September 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

WARREN SNOWDON

Minister for Defence Science and Personnel

for the Attorney‑General


1              Name of Regulations

                These Regulations are the Defence Force Discipline Appeals Amendment Regulations 2008 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Defence Force Discipline Appeals Regulations 1957

                Schedule 1 amends the Defence Force Discipline Appeals Regulations 1957.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 10

substitute

10            Furnishing records of Australian Military Court etc to Tribunal

         (1)   This regulation applies if:

                (a)    a question of law is referred to the Tribunal under section 19A of the Act; or

               (b)    an appeal, or an application for leave to appeal, is brought before the Tribunal under section 20 of the Act.

         (2)   The Registrar of the Australian Military Court must, if requested by the Registrar, provide to the Tribunal:

                (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.

         (3)   If a record or document provided to the Tribunal under subregulation (2) is no longer required for the purposes of determining a question of law, an appeal, or an application for leave to appeal, the Registrar must ensure that the record or document is returned to the Registrar of the Australian Military Court.

[2]           Before paragraph 12 (a)

insert

              (aa)    withdraw a referral of a question of law to the Tribunal; or

[3]           Regulation 18

omit

before the hearing of an appeal or application for leave to appeal, or of a matter preliminary or incidental to an appeal,

insert

before the hearing to determine a question of law, the hearing of an appeal, the hearing of an application for leave to appeal, or the hearing of a matter preliminary or incidental to an appeal,

[4]           Subregulation 24 (1)

substitute

         (1)   When the Tribunal makes its decision on a question of law, an appeal, an application or a 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 question of law, appeal, application or matter.

[5]           Paragraph 24 (3) (b)

omit

the appeal

insert

the question of law, appeal


Note

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