Courts-Martial Appeals Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1611

Courts-Martial Appeals Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations under the Defence Force Discipline Appeals Act 1955.

Dated 27 June 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Courts-Martial Appeals Regulations.

Citation

2. Regulation 1 of the Principal Regulations is amended by omitting “Courts-Martial” and substituting “Defence Force Discipline”.

Interpretation

3. Regulation 2 of the Principal Regulations is amended—

(a) by omitting the definition of “deputy Registrar” and substituting the following definitions:

“ ‘chief of staff’ has the same meaning as in the Defence Force Discipline Act 1982;

‘Deputy Registrar’ means a Deputy Registrar appointed under sub-section 19 (2) of the Act;

‘detention centre’ has the same meaning as in the Defence ForceDiscipline Act 1982;”;

(b) by omitting the definition of “petition”;

(S.R. 112/85) Cat. No. Recommended retail price 40c  11/6.5.1985

(c) by omitting “Courts-Martial”from the definition of “the Act” and substituting “Defence Force Discipline”;

(d) by omitting the definition of “the Chief of Staff”; and

(e) by omitting “deputy” from the definition of “the Registrar” and substituting “Deputy”.

Repeal of regulations 4, 5, 6, 7 and 8

4. Regulations 4, 5, 6, 7 and 8 of the Principal Regulations are repealed.

5. Regulations 9 and 10 of the Principal Regulations are repealed and the following regulations substituted:

Lodgement of appeals, &c.

“9. (1) For the purpose of paragraph 21 (1) (b) of the Act, the following persons are prescribed, namely:

(a) a Deputy Registrar;

(b) in the case of an appellant, other than an appellant referred to in paragraph (c), (d) or (e)—the officer commanding any unit of the Defence Force;

(c) where the appellant is in custody on board a ship, other than a ship of the Australian Navy, being a ship on board which is a body, contingent or detachment of the Defence Force—the officer commanding the body, contingent or detachment;

(d) where the appellant is confined in a detention centre—the officer in charge of the detention centre;

(e) where the appellant is confined in a civil prison in Australia—the Governor of the prison.

“(2) Where an appeal or an application for leave to appeal is lodged with a person referred to in sub-regulation (1), that person shall forward the appeal or application to the Registrar.

Furnishing records of court martial proceedings, &c., to Tribunal

“10. (1) Where an appeal or application for leave to appeal against a conviction or prescribed acquittal by a court martial or Defence Force magistrate is lodged under the Act, a chief of staff shall, if so requested by the Registrar, cause—

(a) a record of proceedings of the court martial or Defence Force magistrate;

(b) a record of any review with respect to the proceedings of the court martial or Defence Force magistrate; and

(c) documents that were before the court martial, Defence Force magistrate or reviewing authority in connection with the proceedings, as the case may be,

to be furnished to the Tribunal for the purposes of that appeal or application.

 

“(2) Where a record or document furnished to the Tribunal under sub-regulation (1) is no longer required for the purposes of the appeal or application for leave to appeal in respect of which it was furnished, the Registrar shall cause the record or document to be returned to the chief of staff from whom the record or document was requested.”.

Legal aid

6. Regulation 11 of the Principal Regulations is amended—

(a) by inserting in sub-regulation (1) “appeal or” before “application”;

(b) by adding at the end of sub-regulation (2) “or application for leave to appeal”;

(c) by inserting in paragraph (3) (a) “or application for leave to appeal” after “appeal”; and

(d) by inserting in sub-regulation (4) “or application for leave to appeal,” after “appeal” (first occurring).

Repeal of regulations 14 and 15

7. Regulations 14 and 15 of the Principal Regulations are repealed.

Appellant in custody

8. Regulation 16 of the Principal Regulations is amended—

(a) by inserting in sub-regulation (1) “or application for leave to appeal” after “appeal” (first occurring);

(b) by inserting in paragraph (1) (b) “or application for leave to appeal” after “appeal” (first occurring); and

(c) by inserting in paragraph (2) (b) “or application for leave to appeal,” after “appeal” (first occurring).

Notification of hearing

9. Regulation 18 of the Principal Regulations is amended—

(a) by inserting “or application for leave to appeal” after “appeal” (first occurring); and

(b) by omitting paragraph (b) and substituting the following paragraph:

“(b) the chief of staff whose duty it is to undertake the defence of the appeal, application or matter,”.

Fees for supplying copies

10. Regulation 23 of the Principal Regulations is amended by omitting paragraphs (a) and (b) and substituting the following paragraphs:

“(a) where the number of pages of photocopy required to reproduce the document does not exceed 50 pages—$12; or

(b) where the number of pages of photocopy required to reproduce the document exceeds 50 pages—$12 plus 10 cents for each page of photocopy required in excess of 50.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 July 1985.

2. Statutory Rules 1957 No. 20 as amended by 1967 No. 48; 1969 No. 214; 1974 No. 187; 1977 No. 122.

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