Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_259:p1
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 259 (pt 1/2)
Character Range: 107054–109791

259  Before commencement day, Director of Military Prosecutions requested imposition of punishment by court martial or Defence Force magistrate

Punishment imposed by court martial

(1) Subitem (2) applies if, before the commencement day:
 (a) the Director of Military Prosecutions requested the Registrar of Military Justice to convene a court martial to take action under Part IV of the old DFDA in relation to a conviction for a service offence that was committed by a person before the commencement day; and
 (b) the Registrar of Military Justice:
 (i) had not convened the court martial; or
 (ii) had convened the court martial, but the court martial had not begun to hear evidence relevant to determining what action should be taken.

(2) If this subitem applies, then:
 (a) if a court martial had been convened before the commencement day—on the commencement day, the court martial is taken to have been dissolved; and
 (b) on the commencement day, the Director of Military Prosecutions is taken to have:
 (i) withdrawn the request; and
 (ii) requested the Registrar of the Australian Military Court to refer the conviction to the Australian Military Court to take action under Part IV of the new DFDA in relation to the person; and
 (c) on and after the commencement day, the new law applies in relation to the service offence as if the offence had been committed after the commencement day.

Punishment imposed by Defence Force magistrate

(3) Subitem (4) applies if, before the commencement day:
 (a) the Director of Military Prosecutions requested the Registrar of Military Justice to refer a conviction for a service offence that was committed by a person before the commencement day to a Defence Force magistrate to take action under Part IV of the old DFDA; and
 (b) the Registrar of Military Justice:
 (i) had not referred the conviction; or
 (ii) had referred the conviction, but the Defence Force magistrate had not begun to hear evidence relevant to determining what action should be taken.

(4) If this subitem applies, then:
 (a) if the conviction had been referred to a Defence Force magistrate before the commencement day—on the commencement day, the reference is taken to have been terminated; and
 (b) on the commencement day, the Director of Military Prosecutions is taken to have:
 (i) withdrawn the request; and
 (ii) requested the Registrar of the Australian Military Court to refer the conviction to the Australian Military Court to take action under Part IV of the new DFDA in relation to the person; and
 (c) on and after the commencement day, the new law applies in relation to the service offence as if the offence had been committed after the commencement day.

Elections to be punished by court martial