Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p2
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 2696–5494

address by defence
47 Closing addresses
48 Summing up
49 Evidence as to material facts after conviction on plea of guilty
50 Convicted person's record etc and plea in mitigation
51 Imposition of punishment or order in case of breach of undertaking of good behaviour
Part 10        Record of proceedings and exhibits
52 Record of proceedings before court martial or Defence Force magistrate
53 Inspection of record of proceedings etc during trial
54 Loss of original record of proceedings
55 Exhibits
56 Relief from Rules
Schedule 1     Statement of offences
Part 1  Offences against Defence Force Discipline Act 1982
Part 2  Offences against Defence Force Discipline Regulations 2018
Part 3  Offences against Criminal Code Act 1995
Schedule 2     Form of charge sheet

Part 1          Preliminary

   1 Name of Rules

This instrument is the Court Martial and Defence Force Magistrate Rules 2020.

   2 Commencement
 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1                           Column 2      Column 3
Provisions                         Commencement  Date/Details
1.  The whole of this instrument   1 April 2020  1 April 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

   3 Authority

 This instrument is made under section 149A of the Defence Force Discipline Act 1982.

   4 Interpretation

In these Rules, unless the contrary intention appears:

    arraign, in relation to an accused person at a trial by a court martial or Defence Force magistrate, means reading a charge to the person, calling upon the person to plead to the charge and recording the person's plea to the charge.

authorised member of the Defence Force has the same meaning as in section 87 of the Act.

    recorder means a person who records the spoken word, whether by longhand, shorthand, or mechanical or other means and includes a person who operates or transcribes mechanical or other recordings of the spoken word.

serious service offence has the same meaning as in Part VI of the Act.

   5 Cases not covered by the Act, these Rules or the regulations

       Where, in the course of or in relation to proceedings before a court martial, a judge advocate of a court martial or Defence Force magistrate, a case arises for which no provision or insufficient provision