Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_259:p2
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 259 (pt 2/2)
Character Range: 109561–110427

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 or Defence Force magistrate

(5) If:
 (a) before the commencement day, a person made 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.