Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_262
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 262
Character Range: 115003–117602

262  On or after the commencement day, Director of Military Prosecutions requests imposition of punishment by court martial or Defence Force magistrate

Punishment imposed by court martial

(1) Subitem (2) applies if, on or after the commencement day, the Director of Military Prosecutions requests 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 before the commencement day.

(2) If this subitem applies, then:
 (a) immediately after the request is made, the Director of Military Prosecutions:
 (i) is taken to have withdrawn the request; and
 (ii) is taken to have 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; and
 (b) after the request is made, 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, on or after the commencement day, the Director of Military Prosecutions requests 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 in relation to the person.

(4) If this subitem applies, then:
 (a) immediately after the request is made, the Director of Military Prosecutions:
 (i) is taken to have withdrawn the request; and
 (ii) is taken to have 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; and
 (b) after the request is made, the new law applies in relation to the service offence as if the offence had been committed after the commencement day.

Elections made for punishment by court martial or Defence Force magistrate

(5) If:
 (a) after the commencement day, a person makes an election under subsection 131(2A) or (3) of the old DFDA to be punished by a court martial or Defence Force magistrate in relation to his or her conviction; and
 (b) because of subitem (2) or (4), the Director of Military Prosecutions is taken to have requested the Registrar of the Australian Military Court to refer the conviction to the Australian Military Court to take action;
the person may withdraw the election by written notice to the Registrar of the Australian Military Court at any time before a date is fixed for hearing by the Court.