Document ID: chunk:federal_register_of_legislation:C2005A00142:clause:1_114
Version: federal_register_of_legislation:C2005A00142
Segment Type: clause
Provision Reference: sch 1 cl 114
Character Range: 46111–47662

114  Transitional provision—functions and powers of convening authorities

(1) This item applies to a function or power conferred on a convening authority by the old law if:
 (a) the function or power relates to a charge (including a proceeding in respect of a charge); and
 (b) as at the commencement time, the charge or proceeding had not been finally dealt with under the old law.

(2) If:
 (a) the convening authority performed the function or exercised the power before the commencement time; and
 (b) a provision of the new law confers a corresponding function or power upon a designated person;
the new law has effect as if the designated person had performed the function, or exercised the power, under the new law.

(3) If:
 (a) apart from the amendments made by this Schedule, the convening authority would have been required or permitted to perform the function or exercise the power; and
 (b) the new law confers a corresponding function or power upon a designated person;
the designated person may perform the function, or exercise the power, under the new law.

(4) In this item:
commencement time means the time at which item 1 of this Schedule commences.
designated person means:
 (a) the Director of Military Prosecutions; or
 (b) the Registrar of Military Justice; or
 (c) a judge advocate; or
 (d) a Defence Force magistrate; or
 (e) a superior authority.
new law means the Defence Force Discipline Act 1982 as amended by this Schedule.
old law means the Defence Force Discipline Act 1982 as in force before the commencement time.