Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_124
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 124
Character Range: 23211–25118

124  Replacement of members etc.
 (1) Where, after a court martial has assembled but before it is sworn or affirmed, the judge advocate:
 (a) finds that a member of the court martial who has not appeared at the place of assembly is not, or is not likely to be, available;
 (b) upholds an objection entered under subsection 141(2) to a member of the court martial; or
 (c) finds that, for some other reason, a member of the court martial should be excused from further attendance as such a member;
the judge advocate shall:
 (d) where the member concerned is not the President—appoint a reserve member in the place of that member;
 (e) where the member concerned is the President and the next senior member is not more than one rank junior to the President—appoint that next senior member to be the President in the place of the member concerned; or
 (f) where the member concerned is the President and the next senior member is more than one rank junior to the President—report the situation to the Registrar and request the Registrar to appoint a President in the place of the member concerned.
 (2) Where, after a court martial has assembled but before it is sworn or affirmed, the judge advocate finds that there are insufficient members and reserve members properly to constitute the court martial, the judge advocate shall report the situation to the Registrar and request the Registrar to appoint as many new members or new reserve members, or both, as the Registrar considers necessary.
 (3) Where the judge advocate upholds an objection entered under subsection 141(3) to himself or herself, he or she shall report the situation to the Registrar and request the Registrar to appoint another judge advocate in his or her place.
Note: The Registrar must not appoint a person as a judge advocate of a court martial unless the person has been nominated by the Judge Advocate General: see section 129B.