Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_263
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 263
Character Range: 117602–119880

263  Registrar of Military Justice and Director of Military Prosecutions

(1) If:
 (a) a person has been appointed as the Registrar of Military Justice before the commencement day; and
 (b) the appointment is in force immediately before the commencement day;
then, on the commencement day:
 (c) the appointment is taken to have included the appointment of the person as the Registrar of the Australian Military Court under section 188FB of the new DFDA; and
 (d) the person is taken to have made and subscribed an oath or affirmation as the Registrar of the Australian Military Court before a Military Judge under section 188FF of the new DFDA.

(2) If:
 (a) a person is appointed as the Registrar of the Australian Military Court under section 188FB of the new DFDA after the commencement day; and
 (b) immediately before the appointment, there was a service offence that:
 (i) was committed before the commencement day; and
 (ii) had not been finally dealt with;
then:
 (c) the appointment is taken to include the appointment of the person as the Registrar of Military Justice under section 188FB of the old DFDA; and
 (d) when the person makes and subscribes an oath or affirmation as the Registrar of the Australian Military Court before a Military Judge under section 188FF of the new DFDA, the person is taken also to have made and subscribed an oath or affirmation as the Registrar of Military Justice before the Judge Advocate General under section 188FF of the old DFDA.

(3) The person who is the Director of Military Prosecutions immediately before the commencement day is taken, on the commencement day, to have made and subscribed an oath or affirmation before a Military Judge under section 188GJ of the new DFDA.

(4) If:
 (a) a person is appointed as the Director of Military Prosecutions after the commencement day; and
 (b) immediately before the appointment, there was a service offence that:
 (i) was committed before the commencement day; and
 (ii) had not been finally dealt with;
then, when the person makes and subscribes an oath or affirmation before a Military Judge under section 188GJ of the new DFDA, the person is taken also to have made and subscribed an oath or affirmation before the Judge Advocate General under section 188GJ of the old DFDA.