Defence Force Discipline Appeals Amendment Regulations 2007 (No. )

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;

[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