Courts-Martial Appeals Regulations (Amendment)

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Statutory Rules

1977 No. 122

REGULATIONS UNDER THE COURTS-MARTIAL APPEALS ACT
1955.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Courts-Martial Appeals Act 1955.

Dated this twenty-fifth day of July, 1977.

Governor-General.

By His Excellency’s Command,

Attorney-General.

________

Amendments of the Courts-Martial Appeals Regulations†

1. Regulation 23 of the Courts-Martial Appeals Regulations is repealed and the following regulation substituted:—

Fee for supplying copies.

“ 23. Where a copy of a document relating to an appeal is supplied by the Registrar to the appellant, the appellant shall pay to the Registrar a fee of—

(a) where the copy consists of one page—$0.65; and

(b) where the copy consists of more than one page—$0.65 in respect of the first page and $0.15 in respect of each page after the first page.”.

Formal amendments of the Courts-Martial Appeal Regulations.

2. The Courts-Martial Appeals Regulations are amended as set out in the Schedule.

________

SCHEDULE Regulation 2

Provision	Amendment
Regulation 2.....................	Omit from the definition of “ deputy Registrar ” the words “ sub-section (2) of section 19 ”, substitute the word and figures “ sub-section 19 (2) ”.

* Notified in the Commonwealth of Australia Gazette on 28 July 1977.

† Statutory Rules 1957, No. 20 as amended by Statutory Rules 1967, No. 48; 1969, No. 214; and 1974, No. 187.

18268/75 Cat. No. —Recommended retail price 15c 12/5.7.1977

Schedule—continued

Provision	Amendment
Regulation 2—continued	Omit from the definition of “ petition ” the words “ paragraph (a) of sub-section (7.) of section 20 ”, substitute the word and figures “ paragraph 20 (2) (a) ”.
	Omit the definition of “ the Board ”, substitute the following definition:—
	“ ' the Chief of Staff ' means—
	(a) in relation to a member of the Navy—the Chief of Naval Staff;
	(b) in relation to a member of the Army—the Chief of the General Staff; and
	(c) in relation to a member of the Air Force—the Chief of the Air Staff;".
Regulation 3...................	Omit “ sub-section (2) of section 17 ”, substitute “ subsection 17 (2) ”.
	Omit “ ten ”, substitute “ 10 ”.
Regulation 4...................	Omit “ paragraph (a) of sub-section (2) of section 20 ”, substitute “ paragraph 20 (2) (a) ”.
	Omit from paragraph (a) “ forty ”, substitute “ 40 ”.
	Omit from paragraph (b) “ sixty ”, substitute “ 60 ”.
Sub-regulation 5 (1)..............	Omit from paragraph (a) “ naval forces of the Commonwealth or of any other part of the Queen's dominions—with the captain ”, substitute “ Navy—with the commanding officer ”.
	Omit from paragraph (b) “ the last preceding paragraph ”, substitute “ paragraph (a) ”.
	Omit from paragraph (b) “ of the Commonwealth ”.
	Omit from paragraph (c) “ Australian Military Forces or of the Royal Australian ”, substitute “ Army or of the ”.
	Omit from paragraph (d) “ Royal Australian ”.
	Omit from paragraph (e) “ Australian Military Forces or of the Royal Australian ”, substitute “ Army or of the ”.
	Omit from paragraph (g) “ the Commonwealth ” (first occurring), substitute “ Australia ”.
	Omit from paragraph (g) “ of the Commonwealth stationed outside the Commonwealth ”, substitute “ stationed outside Australia ”.
Sub-regulation 5 (2)..............	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Regulation 7...................	Omit “ sub-paragraph (ii) of paragraph (b) of sub-section (2) of section 20 ”, substitute “ sub-paragraph 20 (2) (b) (ii) ”.
	Omit from paragraph (a) “ forty ”, substitute “ 40 ”.
	Omit from paragraph (b) “ sixty ”, substitute “ 60 ”.
Regulation 8...................	Omit “ paragraph (b) of sub-section (1) of section 21”, substitute “ paragraph 21 (i) (b) ”.
	Omit “ ten ”, substitute “ 10 ”.
Sub-regulation 9 (1)..............	Omit “ paragraph (b) of sub-section (1) of section 21 ”, substitute “ paragraph 21 (1) (b) ”.
	Omit from paragraph (a) “ naval forces of the Commonwealth or of any other part of the Queen's dominions—the captain ”, substitute “ Navy—the commanding officer ”.
	Omit from paragraph (b) “ the last preceding paragraph ”, substitute “ paragraph (a) ”.
	Omit from paragraph (b) “ of the Commonwealth ”.
	Omit from paragraph (c) “ Australian Military Forces or of the Royal Australian ”, substitute “ Army or of the ”.
	Omit from paragraph (d) “ Royal Australian ”.
	Omit from paragraph (e) “ Australian Military Forces or of the Royal Australian ”, substitute “ Army or of the ”.

Schedule—continued

Provision	Amendment
Sub-regulation 9 (1)—continued	Omit from paragraph (g) “ the Commonwealth ” (first occurring), substitute “ Australia ”.
	Omit from paragraph (g) “ of the Commonwealth stationed outside the Commonwealth ”, substitute “ stationed outside Australia ”.
Sub-regulation 9 (2)..............	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
	Omit “ sub-section (2) of section 21 ”, substitute “ sub-section 21 (2) ”.
Sub-regulation 10 (1).............	Omit “ Naval Board, the Military Board or the Air Board, as the case requires,”, substitute “ Chief of Staff ”.
Sub-regulation 10 (2).............	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
	Omit “ to the Board to which ”, substitute “ to the Chief of Staff to whom ”.
Sub-regulation 11 (1).............	Omit “ fourteen ”, substitute “ 14 ”.
Sub-regulation 11 (2).............	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Sub-regulation 11 (5).............	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (4) ”.
Regulation 13..................	Omit “ sub-section (3) of section 37 ”, substitute “ sub-section 37 (3) ”.
	Omit from paragraph (b) “ of the Commonwealth ”.
Regulation 14..................	Omit “ sub-section (1) of section 38 ”, substitute “ sub-section 38 (1) ”.
Regulation 15..................	Omit “ twenty-one ”, substitute “ 21 ”.
Sub-regulation 16 (2).............	Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.
Regulation 18..................	Omit “ Board ”, substitute “ Chief of Staff ”.
Regulation 22..................	Omit “ sub-section (1) of section 34 ”, substitute “ sub-section 34 (1) ”.

Printed by Authority by the Acting Commonwealth Government Printer

Overview

The Courts-Martial Appeals Regulations, enacted under the Courts-Martial Appeals Act 1955, were established to provide a structured framework for appeals within the military justice system. These regulations, introduced by the Governor-General acting on the advice of the Federal Executive Council, aim to streamline the appeal process for service members facing courts-martial decisions. The objective is to ensure that the appeals process is fair, efficient, and adheres to the legal standards set out in the primary Act. The regulations underwent amendments in 1977 to refine definitions and clarify procedural requirements, reflecting an ongoing commitment to improving the administration of military justice in Australia.

Scope and Application

The Courts-Martial Appeals Regulations, made under the Courts-Martial Appeals Act 1955, apply to military personnel who are subject to courts-martial within the Australian Defence Force (ADF), including members of the Navy, Army, and Air Force. The regulations govern the procedural aspects of appeals against the decisions of courts-martial, including the process for lodging appeals, the timeframes within which these appeals must be filed, and the administrative details such as fees for document copies. The scope of these regulations is limited to the Commonwealth of Australia, and they do not extend to state or territory jurisdictions. The regulations also incorporate amendments that adjust definitions and references within the document to reflect changes in military structure and terminology, such as substituting references to "Boards" with references to "Chiefs of Staff." These amendments aim to ensure clarity and consistency in the interpretation and application of the regulations. The fees for supplying copies of documents relating to an appeal are specified within the regulations, with a fee of $0.65 for the first page and $0.15 for each additional page.

Key Provisions

The primary operative sections of the Courts-Martial Appeals Regulations, as amended by Statutory Rules 1977 No. 122, are those which concern the fees for supplying copies of documents relating to an appeal, and various formal amendments to the Regulations. Firstly, Regulation 23 (referenced in section 1 of the Statutory Rules) stipulates that where a copy of a document is supplied by the Registrar to an appellant, the appellant is required to pay a fee to the Registrar. The fee is $0.65 for a one-page copy, and $0.65 for the first page of a multi-page copy with an additional $0.15 for each subsequent page. This regulation ensures that the appellant is charged fairly and transparently for the copies of documents they receive. Secondly, the Regulations are amended as set out in the Schedule, with various adjustments to the definitions and references within the Regulations to reflect changes in terminology and structure. For instance, the definition of "deputy Registrar" has been updated, and the term "the Board" has been replaced with "the Chief of Staff" in several places (as seen in the amendments to Regulations 2 and 10). These formal amendments help to ensure that the Regulations remain clear and consistent with other relevant legislation and terminology. The Regulations impose several obligations on the parties and entities they govern. The primary obligation is for the appellant to pay the specified fees for copies of documents relating to an appeal. This requirement ensures that the administrative costs of supplying these documents are met. Additionally, the formal amendments in the Schedule update the definitions and references to ensure that the Regulations remain accurate and applicable to the current legal context. The Statutory Rules themselves do not detail specific offences, penalties, or civil or criminal consequences for breaches of the Regulations. However, given that the Courts-Martial Appeals Regulations are made under the Courts-Martial Appeals Act 1955, it is likely that any breaches of these Regulations could result in consequences as prescribed by that Act or other relevant legislation. Typically, breaches of regulations made under an Act could result in fines or other penalties, as stipulated by the overarching Act. In this case, the Courts-Martial Appeals Act would be the primary source of such consequences.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Fee for supplying copies

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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