Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_258:p2
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 258 (pt 2/2)
Character Range: 106126–107052

the new Defence Force magistrate or court martial had not begun to hear evidence relevant to determining what action should be taken.

(4) If this subitem applies, then:
 (a) if the conviction was referred to another Defence Force magistrate before the commencement day—on the commencement day, the reference is taken to have been terminated; and
 (b) if a court martial was convened before the commencement day—on the commencement day, the court martial is taken to have been dissolved; and
 (c) on the commencement day, 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 under Part IV of the new DFDA in relation to the person; and
 (d) 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.