Document ID: chunk:federal_register_of_legislation:C2024C00861:section:195
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 195
Character Range: 518808–521010

195  Supply of record of proceedings
 (1) Subject to this section, a person who has been tried by a court martial or a Defence Force magistrate is, upon application made to the Registrar before the expiration of a period of 10 years commencing on the date of the delivery of the verdict in the trial, entitled to be supplied with a copy of the record of the proceedings of the trial.
 (2) Subject to this section, where a person tried by a court martial or a Defence Force magistrate has died before the expiration of a period of 10 years commencing on the date of the delivery of the verdict in the trial, his or her legal personal representative or, subject to subsection (3), a person approved by the Registrar as that person's representative is, upon application made to the Registrar before the expiration of a period of 1 year commencing on the date of the death of the deceased person, entitled to be supplied with a copy of the record of the proceedings of the trial.
 (3) If there is a legal personal representative of a deceased person, the Registrar shall not approve a person as a representative of a deceased person unless the Registrar is satisfied that the legal personal representative has declined to take action in relation to the making of the application under subsection (2).
 (4) Nothing in this section authorizes, or requires, the supply of a copy of the record of evidence the publication of which was prohibited by an order under subsection 140(2) or 148(2).
 (5) Nothing in this section affects the power of a civil court to make an order for the discovery of documents or the giving of evidence in, or the production of documents to, a civil court.
 (5A) Despite subsections (1) and (2), the Registrar may accept an application, and supply a copy of the record of the proceedings, after the expiration of the periods mentioned in those subsections.
 (6) Where the record of the proceedings of a trial to which an application under subsection (1) or (2) relates is held by the Chief of the Defence Force or a service chief, the Registrar may make arrangements with the Chief of the Defence Force or the service chief for the supply of a copy of the record to the applicant.