Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_261
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 261
Character Range: 112758–115003

261  On or after commencement day, trial by court martial or Defence Force magistrate discontinued

Trial by court martial

(1) Subitem (2) applies if, on or after the commencement day:
 (a) the Registrar of Military Justice dissolves a court martial under section 125 of the old DFDA; and
 (b) the dissolution happens:
 (i) after the court martial has convicted a person of a service offence committed before the commencement day; and
 (ii) before the court martial has taken action under Part IV of the old DFDA in relation to the person.

(2) If this subitem applies, then:
 (a) immediately after the court martial is dissolved, the Director of Military Prosecutions is taken to have requested the Registrar of the Australian Military Court to refer the conviction to the Australian Military Court to take action under Part IV of the new DFDA in relation to the person; and
 (b) after the court martial is dissolved, the new law applies in relation to the service offence as if the offence had been committed after the commencement day.

Trial by Defence Force magistrate

(3) Subitem (4) applies if, on or after the commencement day:
 (a) the Registrar of Military Justice terminates a reference to a Defence Force magistrate under section 129A of the old DFDA in relation to a charge of, or conviction for, a service offence that was committed by a person before the commencement day; and
 (b) the termination happens:
 (i) in relation to a charge—after the person has been convicted but before the Defence Force magistrate has taken action under Part IV of the old DFDA in relation to the person; and
 (ii) in relation to a conviction—before the Defence Force magistrate has taken action under Part IV of the old DFDA in relation to the person.

(4) If this subitem applies, then:
 (a) immediately after the reference is terminated, the Director of Military Prosecutions is taken to have requested the Registrar of the Australian Military Court to refer the conviction to the Australian Military Court to take action under Part IV of the new DFDA in relation to the person; and
 (b) after the reference is terminated, the new law applies in relation to the service offence as if the offence had been committed after the commencement day.