Document ID: chunk:federal_register_of_legislation:C2005A00142:clause:1_71
Version: federal_register_of_legislation:C2005A00142
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 17652–18543

71  Subsection 129A(1)
Repeal the subsection, substitute:

 (1) If a charge or case has been referred to a Defence Force magistrate under subparagraph 87(1)(c)(ii), section 103 or subsection (4) of this section, the Registrar of Military Justice must terminate the reference if:
 (a) at a time before the Defence Force magistrate commences to try the charge or hear the case, it appears to the Registrar of Military Justice that, by reason of the exigencies of service, or for any other reason, it is desirable to terminate the reference; or
 (b) at a time after the Defence Force magistrate commences to try the charge or hear the case:
 (i) it appears to the Defence Force magistrate that it would not be in the interests of justice for the Defence Force magistrate to continue; and
 (ii) the Defence Force magistrate directs the Registrar of Military Justice to terminate the reference.