If an offence under subsection (4) is committed by a person in relation to a service tribunal that is a court martial or a Defence Force magistrate, during proceedings before the tribunal, the tribunal, if it considers it expedient to do so, may then and there order that the person be taken into custody and call on the person to show cause why the person should not be convicted of the offence.

If a service tribunal convicts a person under subsection (5), the maximum punishment for the offence is detention for 21 days.

A court martial or a Defence Force magistrate must not impose a punishment in respect of a conviction except in accordance with this Part and Schedule 2.

Where a convicted person requests a court martial or a Defence Force magistrate to take into consideration, for the purposes of this Part, any other service offence:

A court martial or a Defence Force magistrate shall not impose a separate punishment or make a separate order under subsection 75(1) in respect of a service offence that it has taken into consideration under subsection (1).

Where:

Subject to subsection (2), where a person convicted of a service offence by a service tribunal is already subject to a punishment that is suspended, the tribunal may revoke the suspension and, in that event, the punishment that was suspended shall, subject to subsections 172(1) and (2), take effect as if it had been imposed at the time of the revocation.

A service tribunal shall not revoke the suspension of a punishment if the tribunal would not have had power to impose the punishment if it had convicted the person of the service offence for which the punishment was imposed.

Where, by virtue of subsection (2), a service tribunal is not empowered to revoke a suspension that it considers should be revoked, the tribunal may recommend to a competent reviewing authority that the suspension be revoked by that authority.

Where, under subsection (3), a service tribunal recommends to a competent reviewing authority that a suspension of a punishment be revoked, the authority may revoke the suspension and, in that event, the punishment that was suspended shall, subject to subsections 172(1) and (2), take effect as if it had been imposed at the time of the revocation.

The Registrar may carry out an action under subsection (1) only if a judge advocate or a Defence Force magistrate directs the Registrar to carry out the action.

If the judge advocate of a court martial permits evidence to be given under subsection (3) or (4), the judge advocate must inform the members of the court martial of the non-compliance with the requirements of this section, or of the absence of sufficient evidence of compliance with those requirements, as the case may be, and give the members such warning about the evidence as he or she thinks appropriate in the circumstances.

Subject to the power of a service tribunal, or, in the case of a court martial, the judge advocate of the court martial, to exclude evidence:

Where the judge advocate of a court martial, in pursuance of subsection (10), permits evidence to be given before the members of the court martial, the judge advocate shall, if he or she considers that the interests of justice so require, inform the members of the court martial of the non-compliance with the requirements of this section, or of the absence of sufficient evidence of compliance with those requirements, and give the members of the court martial such warning concerning the evidence as he or she thinks appropriate in the circumstances.

A court martial shall be either a general court martial or a restricted court martial.

A general court martial shall consist of a President and not less than 4 other members.

A restricted court martial shall consist of a President and not less than 2 other members.

A court martial has, subject to section 63 and to subsection (1A) of this section, jurisdiction to try any charge against any person.

A court martial does not have jurisdiction to try a charge of a custodial offence.

A court martial has jurisdiction to take action under Part IV in relation to a convicted person if it has been convened under subsection 125(6) or 129A(4) for that purpose.

A court martial, before taking action under subsection (2), shall hear evidence relevant to the determination of what action should be taken.

For the purposes of this Act, a person is eligible to be a member, or a reserve member, of a court martial if, and only if:

For the purposes of this Act, an officer is eligible to be President of a court martial if, and only if, the officer holds a rank that is not lower than:

Subsection (2) does not apply in relation to a person who becomes President of a court martial in pursuance of:

The requirements set out in paragraph (1)(c) and subsection (2) apply only if, and to the extent that, the exigencies of service permit.

The Registrar must, in an order convening a court martial:

At any time before a court martial assembles to try a charge, the Registrar may:

The Registrar must, as soon as practicable after he or she makes an order convening a court martial for the purpose of trying an accused person (including an order made by virtue of subsection 119(2)), cause a copy of that order to be given to the accused person.

If an order convening a court martial is subsequently varied, the Registrar must notify the accused person accordingly.

Where, after a court martial has assembled but before it is sworn or affirmed, the judge advocate:

Where, after a court martial has assembled but before it is sworn or affirmed, the judge advocate finds that there are insufficient members and reserve members properly to constitute the court martial, the judge advocate shall report the situation to the Registrar and request the Registrar to appoint as many new members or new reserve members, or both, as the Registrar considers necessary.

Where the judge advocate upholds an objection entered under subsection 141(3) to himself or herself, he or she shall report the situation to the Registrar and request the Registrar to appoint another judge advocate in his or her place.

Where, after a court martial has assembled but before it is sworn or affirmed, the judge advocate considers that by reason of the exigencies of service or for any other reason it is desirable to do so, he or she may direct the Registrar to dissolve the court martial.

Where:

Where, at any time after a court martial is sworn or affirmed, the judge advocate considers that, in the interests of justice, the court martial should be dissolved, the judge advocate must direct the Registrar to dissolve the court martial.

Where:

Where a court martial is dissolved under subsection (1), (2), (3) or (4), the Director of Military Prosecutions may request the Registrar to convene another court martial in its stead.

Where a court martial is dissolved as mentioned in subsection (2), (3) or (4) after it has convicted a person but before it has taken action under the Registrar may convene another court martial for the purpose of taking such action.Part IV in relation to the convicted person,

A court martial, before taking action under subsection (6), shall hear evidence relevant to the determination of what action should be taken.

For the purposes of this Part, a member of a court martial convened under subsection (6) shall not be taken to be biased by reason only of his or her having been a member of the court martial that was dissolved as mentioned in that subsection.

Where the President is unable to attend at any time after the accused person’s plea of not guilty or guilty has been recorded by a court martial, the next senior member shall become the President of the court martial and the first-mentioned President shall take no further part in the proceedings.

Where a member of a court martial is unable to attend at any time after the accused person’s plea of not guilty or guilty has been recorded by a court martial, that member shall take no further part in the proceedings.

The Judge Advocate General may, by instrument in writing, appoint officers to be Defence Force magistrates.

An officer is not eligible to be a Defence Force magistrate unless the officer is a member of the judge advocates’ panel.

A Defence Force magistrate shall, before proceeding to discharge the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.

An oath or affirmation under this section shall be made before the Judge Advocate General or an officer authorized, in writing, by the Judge Advocate General for the purpose.

A Defence Force magistrate has the same jurisdiction and powers as a restricted court martial (including the powers of the judge advocate of a restricted court martial).

A Defence Force magistrate has jurisdiction to take action under Part IV in relation to a convicted person if the case has been referred to the magistrate under subsection 129A(4) for that purpose.

A Defence Force magistrate, before taking action under subsection (2), shall hear evidence relevant to the determination of what action should be taken.

If a charge or case has been referred to a Defence Force magistrate under subparagraph 87(1)(c)(ii), the Registrar must terminate the reference if:section 103 or subsection (4) of this section,

Where:

Where a reference of a charge is terminated by the Registrar under subsection (1) or (2) at a time before the dismissal of the charge or the acquittal or conviction of the accused person, the charge shall, by virtue of the termination of the reference, be taken to have been referred to the Director of Military Prosecutions.

Where:

The Registrar must not appoint a person as:

The Registrar must not appoint a person as a judge advocate of a court martial unless the Judge Advocate General has nominated that person for that position.

The appropriate service chief must make available, for the purposes of a court martial, a defence member who is appointed to be a member of that court martial.

The Registrar must not refer a charge to a Defence Force magistrate unless the Judge Advocate General has nominated the magistrate to try the charge.

The Registrar must not refer a case to a Defence Force magistrate to take action under Part IV in relation to a convicted person unless the Judge Advocate General has nominated the magistrate to take action in relation to the person.

A court martial shall try a charge in accordance with the following provisions:

Where an accused person:

Where, under paragraph (1)(a), an accused person pleads guilty to a service offence that is one (other than the first) of 2 or more charges stated in the charge sheet in the alternative, the court martial shall:

Where an accused person who has pleaded not guilty withdraws his or her plea and pleads guilty, the court martial shall, if the judge advocate is satisfied that the accused person understands the effect of that plea, substitute a plea of guilty for the plea of not guilty and proceed accordingly in accordance with subsection (1).

Nothing in subsection (1) shall be taken to require the judge advocate to give either a ruling of the kind referred to in paragraph (1)(c) or a ruling of the kind referred to in paragraph (1)(d) unless:

A court martial, before taking action under paragraph (1)(g), shall hear evidence relevant to the determination of what action should be taken.

Subject to section 134, in any proceeding before a court martial:

Every question determined by the members of the court martial shall be decided by a majority of the votes of the members.

Subject to subsections (4) and (5), in the case of an equality of votes on any question referred to in subsection (2), the President has a casting vote.

In the case of an equality of votes on the question whether an accused person is guilty or not guilty of a service offence, the court martial shall find the accused person not guilty.

In the case of an equality of votes on the question whether an accused person, at the time of the act or omission the subject of the charge, was suffering from such unsoundness of mind as not to be responsible, in accordance with law, for that act or omission, the court martial shall find that the person was, at that time, suffering from such unsoundness of mind.

Notwithstanding anything contained in this Act, the members of a court martial:

In proceedings before a court martial, the judge advocate shall give any ruling, and exercise any discretion, that, in accordance with the law in force in the Jervis Bay Territory, would be given or exercised by a judge in a trial by jury.

Where, for any purpose in connection with the giving of a ruling, or the exercise of a discretion, by a judge in a trial by jury in the Jervis Bay Territory, the judge would, in accordance with the law in force in that Territory, sit in the absence of the jury, the judge advocate shall, for any purpose in connection with the giving of such a ruling, or the exercise of such a discretion, by the judge advocate, sit without the members of the court martial.

Notwithstanding subsections (1) and (2), in a proceeding before a court martial, the members of the court martial shall determine what action shall be taken under Part IV in relation to a convicted person, but the judge advocate shall give a ruling on any question of law arising in connection with the making of such a determination.

A ruling given by the judge advocate in accordance with subsection (1) or (3) and a decision made by the judge advocate under subsection 141(5) or (6) is binding on the court martial.

The judge advocate when sitting without the members of a court martial may exercise such of the powers of the court martial or the President as are necessary for the performance of his or her duties.

The powers conferred on the judge advocate by this section are in addition to any other powers conferred on the judge advocate by any other provision of this Act, the regulations or the rules of procedure.

A Defence Force magistrate shall try a charge in accordance with the following provisions:

Where an accused person:

Where, under paragraph (1)(a), an accused person pleads guilty to a service offence that is one (other than the first) of 2 or more charges stated in the charge sheet in the alternative, the Defence Force magistrate shall:

Where an accused person who has pleaded not guilty withdraws his or her plea and pleads guilty, the Defence Force magistrate shall, if the Defence Force magistrate is satisfied that the accused person understands the effect of that plea, substitute a plea of guilty for the plea of not guilty and proceed accordingly in accordance with subsection (1).

Nothing in subsection (1) shall be taken to require the Defence Force magistrate to give either a ruling of the kind referred to in paragraph (1)(c) or a ruling of the kind referred to in paragraph (1)(d) unless:

A Defence Force magistrate, before taking action under paragraph (1)(g), shall hear evidence relevant to the determination of what action should be taken.

The Chief of the Defence Force shall if, and to the extent that, the exigencies of service permit, cause an accused person awaiting trial by a court martial or by a Defence Force magistrate to be afforded the opportunity to be represented at the trial, and to be advised before the trial, by a legal officer.

An accused person who is advised or represented in accordance with subsection (1) shall be so advised or represented without expense to the accused person.

Nothing in this section prevents the operation of any scheme of legal aid, advice or assistance under a law of the Commonwealth or of a State or Territory.

The Chief of the Defence Force may delegate his or her powers under subsection (1) to a member of the Defence Force who holds a rank that is not lower than the naval rank of captain, or the rank of colonel or group captain.

The President must not make an order under subsection (2) unless the President has first consulted the judge advocate.

Subject to this section, the hearing of proceedings before a court martial or a Defence Force magistrate shall be in public.

In proceedings before a court martial or a Defence Force magistrate, the President of the court martial or the Defence Force magistrate may, if the President considers it necessary in the interests of the security or defence of Australia, the proper administration of justice or public morals:

The President of a court martial shall not make an order under subsection (2) unless the President has first consulted the judge advocate.

Where proceedings before a court martial or a Defence Force magistrate are held in a secure place, the appropriate service chief shall cause such steps to be taken as will permit the public to have reasonable access, subject to an order (if any) in force under subsection (2), to the proceedings.

(5) In subsection (4), secure place means a place the entry to which is controlled by guards who are constables or members of the Defence Force.

At any time before a court martial is sworn or affirmed, the accused person may enter an objection to any member or reserve member of the court martial on the ground that the member:

At any time before an accused person is asked to plead at a trial by a court martial, the accused person may enter an objection to the judge advocate on the ground that the judge advocate:

An application or objection under subsection (1), (2) or (3) with respect to a trial by a court martial may be notified to the judge advocate of the court martial at any time after the making of the order convening the court martial and, on the notification of such an application or objection, the judge advocate shall sit without the members of the court martial for a hearing of that application or objection.

Where a Defence Force magistrate or a judge advocate grants an application, or allows an objection, under this section, the Defence Force magistrate or the judge advocate may refer the charge against the accused person to the Director of Military Prosecutions.

Where it appears to:

(2) In subsection (1), amendment includes the addition of a charge or the substitution of a charge for another charge.

Where a court martial or a Defence Force magistrate is satisfied that an accused person, by reason of mental impairment, is not able to understand the proceedings against him or her and accordingly is unfit to stand trial, the court martial or the Defence Force magistrate shall so find and shall direct that the person be kept in strict custody until the pleasure of the Governor-General is known.

Where, in a trial of a charge by a court martial or a Defence Force magistrate, the court martial or the Defence Force magistrate finds that the accused person, at the time of the act or omission the subject of the charge, was suffering from such mental impairment as not to be responsible, in accordance with law, for that act or omission, the court martial or the Defence Force magistrate shall find the accused person not guilty on the ground of mental impairment and shall acquit the person of the charge on the ground of mental impairment.

Where an accused person is acquitted by a court martial or a Defence Force magistrate of a charge on the ground of mental impairment, the court martial or the Defence Force magistrate shall record the ground of the acquittal and shall direct that the accused person be kept in strict custody until the pleasure of the Governor-General is known.

Where the Registrar:

In a trial of a charge by a court martial or Defence Force magistrate, the accused person shall not, without the leave of the judge advocate of the court martial or the Defence Force magistrate, as the case requires, adduce evidence in support of an alibi or assert in any statement made by him or her otherwise than on oath or affirmation that he or she has an alibi unless, before the end of the period of 14 days commencing on the day of the making of the order convening the court martial or the referring of the charge to the Defence Force magistrate, as the case requires, he or she gives notice of particulars of the alibi.

In a trial of a charge by a court martial or Defence Force magistrate, the accused person shall not, without the leave of the judge advocate of the court martial or the Defence Force magistrate, as the case requires, call a person to give evidence in support of an alibi unless:

Evidence to disprove an alibi may, subject to any direction by the judge advocate of a court martial or a Defence Force magistrate, be adduced before or after evidence is adduced in respect of the alibi.

A notice under this section shall be given in writing to the Director of Military Prosecutions and the Registrar.

(6) In this section, evidence in support of an alibi means evidence tending to show that by reason only of the presence of the accused person at a particular place, or in a particular area, at a particular time the accused person was not, or was unlikely to have been, at the place where the service offence is alleged to have been committed at the time of the alleged commission of the service offence.

In addition to the matters of which judicial notice may be taken by a court under the rules of evidence referred to in section 146, a court martial or the Defence Force magistrate shall take judicial notice of all matters within the general service knowledge of the tribunal or of its members.

The President of a court martial or a Defence Force magistrate may, for the purposes of proceedings before the court martial or Defence Force magistrate, direct or allow testimony to be given by video link or audio link.

The President of a court martial or a Defence Force magistrate may, for the purposes of proceedings before the court martial or Defence Force magistrate, direct or allow a person:

As soon as practicable after a service tribunal convicts a person of a service offence or gives a direction in relation to a person under subsection 145(2) or (5), the service tribunal shall transmit the record of the proceedings to a competent reviewing authority.

A reviewing authority shall, as soon as practicable after receiving a record of proceedings under subsection (1), review the proceedings in accordance with this Part.

After reviewing the proceedings, the reviewing authority must give the person who was convicted of the service offence, or who was the person in relation to whom a direction under subsection 145(2) or (5) was given, and the service tribunal, written notice of the results of the review.

The reviewing authority must complete the review:

Where a service tribunal convicts a person of a service offence or gives a direction in relation to a person under subsection 145(2) or (5), the person may lodge with a competent reviewing authority a petition for a review of the proceedings concerned.

The person must lodge the petition within 30 days after the person is given notice of the results of the review under subsection 152(3) unless the reviewing authority extends the period during which the petition may be lodged.

If the reviewing authority extends the period during which the petition may be lodged, the petition must be lodged within that extended period.

Where:

A petition under subsection (1) or (2) shall set out the grounds on which the petitioner relies for the exercise of the power of review in accordance with this Part.

On receipt of a petition under subsection (1) or (2), a reviewing authority shall, as soon as practicable and, in any event, within 30 days after the receipt:

Notwithstanding anything in subsection (4), a reviewing authority shall not, in a review of proceedings referred to in subsection (2), exercise any of his or her powers under Division 3 or 4 other than his or her powers under section 162.

A reviewing authority shall not commence a review without first obtaining a report on the proceedings from:

An appointment under paragraph (1)(a) is for the period, not exceeding 3 years, specified in the instrument of appointment.

A legal officer appointed under paragraph (1)(a) may be reappointed for a further period or periods.

Subject to subsection (4), a reviewing authority, in making a review, is bound by any opinion on a question of law set out in a report obtained under subsection (1).

A reviewing authority may refer a report obtained under subsection (1) to the Judge Advocate General or, if the Judge Advocate General so directs, to a Deputy Judge Advocate General.

On a reference under subsection (3) of a report, the Judge Advocate General or the Deputy Judge Advocate General may dissent from any opinion on a question of law set out in the report and, if he or she does so, he or she shall furnish to the reviewing authority, in writing, his or her own opinion on that question, which opinion is binding on the reviewing authority.

A review by a reviewing authority does not prevent a further review of the proceedings concerned by the Chief of the Defence Force or a service chief if it appears to the Chief of the Defence Force or the service chief that there are sufficient grounds for a further review.

Subject to subsection (3), the Chief of the Defence Force or a service chief shall conduct a further review under subsection (1) in accordance with this Part and, for that purpose, the Chief of the Defence Force or the service chief shall be deemed to be a reviewing authority.

The Chief of the Defence Force or a service chief shall not commence a review without first obtaining a report on the proceedings from the Judge Advocate General or, if the Judge Advocate General so directs, from a Deputy Judge Advocate General.

The Chief of the Defence Force or a service chief, in making a review, is bound by any opinion on a question of law set out in a report obtained under subsection (3).

Subject to subsection (2), where, at any time before or after a reviewing authority commences to review proceedings of a service tribunal that have resulted in a conviction or a prescribed acquittal, the convicted person or the prescribed acquitted person, as the case may be, lodges an appeal, or an application for leave to appeal, to the Defence Force Discipline Appeal Tribunal, the reviewing authority shall not exercise any of his or her powers under Division 3 or 4 in relation to that review.

Where the Defence Force Discipline Appeal Tribunal dismisses the appeal, or the application for leave to appeal, the reviewing authority may proceed with a review, not being a review under section 153, but shall not exercise any of his or her powers under Division 3 or 4 other than his or her powers under section 162.

(3) In this section, prescribed acquitted person means a person who has been acquitted of a service offence by a court martial or a Defence Force magistrate on the ground of unsoundness of mind.

Subject to subsection (5), where in a review it appears to the reviewing authority:

Subject to subsection (5), where in a review it appears to the reviewing authority that there is evidence that:

Subject to subsection (5), where in a review the reviewing authority is satisfied that, at the time of the act or omission the subject of the charge, the convicted person was suffering from such unsoundness of mind as not to be responsible, in accordance with law, for that act or omission, the reviewing authority shall:

Where in a review it appears to the reviewing authority that the court martial or the Defence Force magistrate should have found that the convicted person, by reason of unsoundness of mind, was not able to understand the proceedings against him or her and accordingly was unfit to stand trial, the reviewing authority shall quash the conviction and direct that the person be kept in strict custody until the pleasure of the Governor-General is known.

A reviewing authority shall not quash a conviction under subsection (3) or (4) if there are grounds for quashing the conviction under subsection (1) or (2).

Where in a review the reviewing authority:

An order under subsection (1) for the new trial of a person lapses unless the new trial commences within a period of 6 months commencing on the day on which the order is made.

Where a reviewing authority makes an order under subsection (1) for a new trial of a person, the reviewing authority may make such further orders for the custody of the person pending the new trial as the authority thinks appropriate.

(1) Where in a review the reviewing authority quashes the conviction of a person of a service offence (in this section referred to as the original offence) but considers:

Where under subsection (1) a reviewing authority substitutes for the conviction of the original offence a conviction of another service offence, the reviewing authority may take such action in relation to the convicted person as could have been taken under Part IV by the service tribunal that convicted the convicted person of the original offence if that service tribunal had convicted him or her of that other service offence, but the reviewing authority:

Where in a review it appears to the reviewing authority that the action taken by a service tribunal under Part IV (whether by the imposition of a punishment or the making of an order or both) in relation to a convicted person:

Where:

Where in a review it appears to the reviewing authority that a summary authority has imposed an elective punishment on a convicted person otherwise than in accordance with section 131, the reviewing authority shall quash the punishment.

Where a reviewing authority quashes a punishment or revokes an order under subsection (1) or (3) in relation to a convicted person, the reviewing authority may take such action in relation to the convicted person as could have been taken under Part IV by the service tribunal that convicted the convicted person of the service offence of which he or she was convicted, but the reviewing authority shall not:

(6) Where in a review it appears to the reviewing authority that a service tribunal has imposed a punishment of imprisonment on a convicted person and has not fixed a non-parole period during which the person is not to be eligible to be released on parole under the provisions of the Crimes Act 1914 in their application, by virtue of subsection 72(1) of this Act, to the service tribunal, the reviewing authority may fix such a non-parole period.

Section 72 applies in relation to the fixing of a non-parole period under subsection (6) as if the reviewing authority were the service tribunal concerned.

Where in a review it appears to the reviewing authority that a service tribunal that has imposed a punishment of detention on a convicted person should have made an order under subsection 78(1) suspending that punishment, the reviewing authority may, if he or she thinks fit, make an order suspending that punishment or such part of that punishment as has not been served.

Where a reviewing authority makes an order suspending a punishment of detention or such part of a punishment of detention as has not been served, the punishment, or that part of the punishment, does not begin, and shall not be put into execution, while the suspension is in force.

Subject to subsection (4), where in a review it appears to the reviewing authority:

Subject to subsection (4), where in a review it appears to the reviewing authority that there is evidence that:

Where in a review it appears to the reviewing authority that the service tribunal should have found that the person, by reason of unsoundness of mind, was unable to understand the proceedings against him or her and accordingly was unfit to stand trial, the reviewing authority shall quash the prescribed acquittal and direct that the person be kept in strict custody until the pleasure of the Governor-General is known.

A reviewing authority shall not quash a prescribed acquittal under subsection (1) or (2) if there are grounds for quashing the prescribed acquittal under subsection (3).

Where in a review the reviewing authority:

An order under subsection (1) lapses unless the new trial commences within a period of 6 months commencing on the day on which the order is made.

Where a reviewing authority makes an order under subsection (1) for a new trial of a person, the reviewing authority may make such further orders for the custody of the person pending the new trial as the authority thinks appropriate.

Where in a review the reviewing authority does not approve a punishment or an order, the reviewing authority shall quash the punishment or revoke the order, as the case may be.

Where a reviewing authority quashes a punishment or revokes an order under subsection (1) in relation to a convicted person, the reviewing authority may take such action in relation to the convicted person as could have been taken under Part IV by the service tribunal that convicted the convicted person of the service offence of which he or she was convicted, but the reviewing authority shall not:

The following punishments imposed by a service tribunal do not take effect unless approved by a reviewing authority:

The following punishments when imposed by a summary authority do not take effect unless approved by a reviewing authority:

A restitution order or a reparation order imposed by a service tribunal does not take effect unless approved by a reviewing authority.

A person on whom a punishment of imprisonment for life or imprisonment for a specific period is imposed may be kept in custody pending approval under subsection (1) of the punishment and, if the punishment is approved, any day on which the person was so kept in custody counts as a day of that imprisonment.

A person on whom a punishment of dismissal from the Defence Force is imposed may be kept in custody pending approval under subsection (1) of the punishment.

A person on whom a punishment of detention is imposed by a summary authority may be kept in custody pending approval under subsection (2) of the punishment and, if the punishment is approved, any day on which the person was so kept in custody counts as a day of that detention.

Subject to subsection (2), the operation of a restitution order or a reparation order, being a restitution order or a reparation order made by a court martial or a Defence Force magistrate is suspended:

Where a reviewing authority is satisfied that the title to the property in relation to which a restitution order is made is not in dispute, the reviewing authority may direct that subsection (1) shall not apply in relation to the order.

Where the operation of a restitution order or a reparation order is suspended by virtue of subsection (1), the order does not take effect if the conviction in relation to which the order is made is quashed on appeal.

The Judge Advocate General may, by instrument in writing, appoint an officer to be the Chief Judge Advocate.

The appointment is for the period, not exceeding 5 years, specified in the instrument of appointment.

A Chief Judge Advocate may be reappointed for a further period or periods, but must not hold office for a total of more than 10 years.

The Chief Judge Advocate is to provide administrative assistance to the Judge Advocate General.

Subject to subsection (3), the Judge Advocate General may, by signed instrument, delegate all or any of his or her powers to the Chief Judge Advocate.

The Judge Advocate General must not delegate his or her powers under any of the following provisions to the Chief Judge Advocate:

The Chief Judge Advocate is, in the exercise of a delegated power or function, subject to the direction and control of the Judge Advocate General.

The Chief Judge Advocate is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, he or she is to be paid the remuneration that is prescribed.

The Chief Judge Advocate is to be paid the allowances that are prescribed.

(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

The function of the Registrar is to assist the Judge Advocate General and the Chief Judge Advocate by providing administrative and management services in connection with charges and trials under this Act.

An oath or affirmation under this section is to be made before:

An oath or affirmation under this section is to be made before:

A member of a court martial, a judge advocate, a Defence Force magistrate, a summary authority or a reviewing authority has, in the performance of his or her duties as such a member, judge advocate, magistrate or authority, as the case may be, the same protection and immunity as a Justice of the High Court.

There shall be a panel of officers to be known as the judge advocates’ panel.

The Chief of the Defence Force or a service chief may, by writing signed by the Chief of the Defence Force or the service chief, appoint officers nominated by the Judge Advocate General to be members of the judge advocates’ panel.

An appointment under subsection (2) is for the period specified in the instrument of appointment. However, if the specified period exceeds 3 years, the appointment is for a period of 3 years.

An officer appointed under subsection (2) may be reappointed for a further period or periods.

An officer is not eligible for appointment to the judge advocates’ panel unless the officer is enrolled as a legal practitioner and has been so enrolled for not less than 5 years.

The Judge Advocate General shall require an officer appointed under subsection (2) to make and subscribe an oath or affirmation in accordance with the form in Schedule 5.

An oath or affirmation under subsection (4) shall be made before the Judge Advocate General or an officer authorized, in writing, by the Judge Advocate General for the purpose.

(2) In this section, court martial, judge advocate, Defence Force magistrate and summary authority have the same respective meanings as they have in the Defence Force Discipline Act 1982.

Whenever a part of the Defence Force and a part of the forces of another country to which this subsection applies are acting in combination, either within or beyond the territorial limits of Australia, an officer of the forces of that other country may be appointed by the Governor-General, by order in writing, to command the combined force, or any part of the combined force, and an officer so appointed:

(2) For the purposes of this Act, where, in a review under Defence Force Discipline Act 1982 of the proceedings before a court martial or a Defence Force magistrate, the reviewing authority:Part VIIIA of the

Where an appeal, or a matter preliminary or incidental to an appeal, is to be heard in a place outside Australia, the President may, if he or she thinks fit, direct that paragraph (b) of the last preceding subsection shall not apply in relation to the appeal or matter.

Where:

If, for any reason, the Tribunal constituted by the remaining members does not complete the hearing or determine the appeal or matter, the Tribunal constituted in accordance with the last preceding section shall, subject to the next succeeding section, hear and determine the appeal or matter and, for that purpose, may have regard to the evidence given, the arguments adduced and the reasons for any decision given during the previous hearing.

(2) In subsection (1), appropriate period, in relation to proceedings before a service tribunal that have resulted in a conviction or a prescribed acquittal, means the period of 30 days commencing immediately after:

The amendments made by Schedule 1 apply in relation to a service offence committed by a person on or after the commencement day.

The amendments made by Schedule 1 apply in relation to a service offence committed by a person before the commencement day if:

This item applies to a charge of a service offence against a person if:

The charge is taken to be referred to the Director of Military Prosecutions on the commencement day, and the Director of Military Prosecutions may deal with the charge under section 103 of the amended Defence Force Discipline Act.

This item applies to a charge of a service offence against a person if:

As soon as reasonably practicable after the commencement day, action must be taken under Part VII of the amended Defence Force Discipline Act to refer the charge to a summary authority to be dealt with as if no action in relation to the charge had been, or had purportedly been taken, under Part VII of the old Defence Force Discipline Act.

This item applies to an appeal purportedly made to the AMC against any of the following:

The person may lodge with a competent reviewing authority a petition for a review of the proceedings of the summary authority under section 153 of the amended Defence Force Discipline Act.

The petition must be lodged within the period of 60 days beginning on the commencement day, or within such extended period as the competent reviewing authority allows.

If the person lodges a petition under section 153 of the amended Defence Force Discipline Act because of the operation of this item, then sections 153, 154, 155, 156 and 162, and Division 5 of Part VIIIA, and any other provisions of the amended Defence Force Discipline Act necessary for the effectual operation of those provisions, apply to the review.

This item applies if:

If the proceedings of the summary authority had not been completed on or before the commencement day, the proceedings of the summary authority are to continue under the amended Defence Force Discipline Act.

If the proceedings of the summary authority had been completed on or before the commencement day, but no action had been taken under Part VIIIA of the old Defence Force Discipline Act in relation to the proceedings of the summary authority:

This item applies if, on or before the commencement day:

A reviewing authority must, as soon as reasonably practicable on or after the commencement day, take action in relation to the proceedings of the summary authority under Part VIIIA of the amended Defence Force Discipline Act as if no action had been taken, on or before the commencement day, by a reviewing authority under Part VIIIA of the old Defence Force Discipline Act and that Part applies in relation to the proceedings of the summary authority.

This item applies if, during the period beginning on 20 September 2008 and ending on the commencement day:

The person may lodge with a competent reviewing authority a petition for review of the proceedings or purported proceedings of the summary authority, so far as those proceedings related to the punishment or Part IV order, under section 153 of the amended Defence Force Discipline Act.

The petition must be lodged within the period of 60 days beginning on the commencement day, or within such extended period as the competent reviewing authority allows.

If the person lodges a petition for a review because of the operation of this item, sections 153, 154, 155, 156 and 162 and Division 5 of Part VIIIA, and any other provision of the amended Defence Force Discipline Act necessary for the effectual operation of those provisions, apply to the review.

A person may only lodge a petition for a review of proceedings or purported proceedings of a summary authority, so far as those proceedings related to a punishment or Part IV order, if the person is not entitled to lodge a such a petition in relation to the punishment or Part IV order because of the operation of another provision of this Schedule.

If:

This item applies if:

The stay of the punishment is taken, by force of this item, to continue in force until the end of the period of 60 days beginning on the commencement day.

This item does not prevent a reviewing authority from ordering that the execution of the punishment is to be stayed in whole or in part pending the determination of a review under Part VIIIA of the amended Defence Force Discipline Act that is conducted because of the operation of item 5.

This item applies to the person who purportedly held office as Chief Military Judge under section 188AC of the old Defence Force Discipline Act immediately before the High Court decision date.

The person is taken to have been appointed on the commencement day, by force of this item, as the Chief Judge Advocate, as if the person had been duly appointed by the Judge Advocate General under section 188A of the amended Defence Force Discipline Act.

The person:

Despite section 188E of the amended Defence Force Discipline Act, the person:

(5) The person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973.

The person may resign his or her appointment by giving the Judge Advocate General a signed notice of resignation.

The person must not engage in employment outside the duties of his or her office as Chief Judge Advocate, other than as a member of the Australian Defence Force.

Subsections 188A(2) and (3) of the amended Defence Force Discipline Act do not apply to the appointment, by force of this item, of the person as the Chief Judge Advocate.

To avoid doubt, sections 188B, 188C and 188D of the amended Defence Force Discipline Act apply to the person.

(9) To avoid doubt, the person is not entitled to remuneration, salary, allowances, leave, benefits or any other entitlements (however described) under a determination made under Defence Act 1903.section 58B or 58H of the

This item applies in relation to the person who was taken to have been appointed as the Chief Judge Advocate by force of item 2 of this Schedule, if:

Subject to subitems (3), (4) and (6), the person is taken to be entitled to be paid the amount that he or she would have been entitled to be paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal if:

The person is not entitled to be paid an amount under subitem (2) if, before the termination day, the Commonwealth offers the person employment that would have been suitable alternative employment in relation to the office that the person purportedly held as Chief Military Judge.

The person is not entitled to be paid an amount under subitem (2) if, before the termination day, the person ceases to be a member of the Permanent Forces.

(5) If a person is paid an amount under subitem (2), the person is taken to have completed a period of service for the purposes of regulation 64 of the Defence (Personnel) Regulations 2002 at the time the amount is paid.

For the purposes of working out the amount that the person would have been entitled to be paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal, the months of service that would, apart from this subitem, remain is reduced by the number of months during which the person held office as Chief Judge Advocate on or after the commencement day.

The amount payable under subitem (2) is to be reduced by the amount, if any, that the person has been, or is entitled to be, paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal in respect of the premature termination of the person’s appointment to the office of Chief Military Judge, and may be reduced to an amount of zero.

This item applies to a person who purportedly held office as a Military Judge under section 188AP of the old Defence Force Discipline Act immediately before the High Court decision date.

The person is taken to have been appointed on the commencement day, by force of this item, as a member of the judge advocates’ panel, as if the person had been duly appointed by the Chief of the Defence Force under subsection 196(2) of the amended Defence Force Discipline Act.

The person:

The person:

(5) The person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973.

The person may resign his or her appointment by giving the Judge Advocate General a signed notice of resignation.

The person must not engage in employment outside the duties of his or her office as a member of the judge advocates’ panel, other than as a member of the Australian Defence Force.

The person is taken to have made and subscribed an oath in accordance with Schedule 5 of the amended Defence Force Discipline Act.

Subsection 196(2A) of the amended Defence Force Discipline Act does not apply to the appointment, by force of this item, of the person as a member of the judge advocates’ panel.

To avoid doubt, subsection 196(2B) of the amended Defence Force Discipline Act applies to the person.

(10) To avoid doubt, the person is not entitled to remuneration, salary, allowances, leave, benefits or any other entitlement (however described) under a determination under Defence Act 1903.section 58B or 58H of the

This item applies in relation to a person who was taken to have been appointed as a member of the judge advocates’ panel by force of item 4 of this Schedule, if:

Subject to subitems (3) and (4), the person is taken to be entitled to be paid the amount that the person would have been entitled to be paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal if:

The person is not entitled to be paid an amount under subitem (2) if, before the termination day, the Commonwealth offers the person employment that would have been suitable alternative employment in relation to the office that the person purportedly held as a Military Judge.

The person is not entitled to be paid an amount under subitem (2) if, before the termination day, the person ceases to be a member of the Permanent Forces.

(5) If a person is paid an amount under subitem (2), the person is taken to have completed a period of service for the purposes of regulation 64 of the Defence (Personnel) Regulations 2002 at the time the amount is paid.

For the purposes of working out the amount that the person would have been entitled to be paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal, the number of months of service that would, apart from this subitem, remain is to be reduced by the number of months during which the person held office as a judge advocate on or after the commencement day.

The amount under subitem (2) is to be reduced by the amount, if any, that the person has been, or is entitled to be, paid under Clause 2.7.3 of Determination 2009/07 of the Remuneration Tribunal in respect of the premature termination of the person’s appointment as a Military Judge, and may be reduced to an amount of zero.

This item applies to the person who purportedly held office as Registrar of the AMC under section 188FB of the old Defence Force Discipline Act immediately before the High Court decision date.

The person is taken to have been appointed on the commencement day, by force of this item, as the Registrar of Military Justice, as if the person had been duly appointed by the Minister under section 188FB of the amended Defence Force Discipline Act.

The person:

The person is taken to have made and subscribed an oath in accordance with Schedule 4 of the amended Defence Force Discipline Act.

(5) To avoid doubt, the person is not entitled to remuneration, salary, allowances, leave, benefits or any other entitlements (however described) under a determination made under Defence Act 1903.section 58B or 58H of the

This item applies to amounts paid by the Commonwealth purportedly by way of remuneration or allowances or other amounts to a person who purportedly held office as the Chief Military Judge, Military Judge or the Registrar of the Australian Military Court immediately before the High Court decision date, during the period:

If those offices did not exist during that period, the Commonwealth’s right to recover an amount that would, apart from this item, be recoverable only on the basis of the non-existence of those offices is, by force of this item, waived.

(1) The Minister may declare, in writing, a specified day to be the termination day for the purposes of this Schedule. The day must be after the day the declaration is made and before the end of the 8 year period beginning on the commencement day.

(2) A declaration made under subitem (1) is a legislative instrument, but Legislative Instruments Act 2003 does not apply to the declaration.section 42 (disallowance) of the

(1) If, immediately before the commencement of this item, an appointment made under Defence Force Discipline Act 1982 was in force, the appointment has effect after that commencement as if it had been made under section 5A of that Act as amended by this Act.section 5A of the

(2) If, immediately before the commencement of this item, regulations made for the purposes of Defence Force Discipline Act 1982 were in force, the regulations have effect after that commencement as if they had been made for the purposes of section 5A of that Act as amended by this Act.section 5A of the

The Governor-General may make regulations prescribing matters:

In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.