Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_168a
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 168A
Character Range: 51677–52885

168A  Hearings

 (1) The Australian Military Court may determine an appeal:
 (a) by holding a hearing; or
 (b) by considering, without holding a hearing, the documents or other material provided to the Court in relation to the appeal.
However, the Court must hold a hearing if it appears to the Court that the issues for determination cannot be adequately determined in the absence of the parties.

 (2) For the purpose of determining an appeal, the Australian Military Court may order a party to the appeal or the Director of Military Prosecutions to produce such documents or other information as the Court specifies in the order.

 (3) If the Australian Military Court decides to hold a hearing for the purpose of determining an appeal, the hearing must, subject to subsection (4), be held in the presence of the appellant.

 (4) If:
 (a) the Australian Military Court decides to hold a hearing for the purpose of determining an appeal; and
 (b) the Court considers that, by reason of the disorderly behaviour of the appellant, it is impossible to continue the hearing in his or her presence;
the Court may order that the appellant be removed from the place of hearing and be held in custody elsewhere.