Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:2_260
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 2 cl 260
Character Range: 110429–112758

260  On or after the commencement day, Director of Military Prosecutions requests trial by court martial or Defence Force magistrate

Trial by court martial

(1) Subitem (2) applies if, on or after the commencement day, the Director of Military Prosecutions requests the Registrar of Military Justice to convene a court martial to try a charge of a service offence that was committed by a person before the commencement day.

(2) If this subitem applies, then:
 (a) immediately after the request is made, the Director of Military Prosecutions:
 (i) is taken to have withdrawn the request; and
 (ii) is taken to have requested the Registrar of the Australian Military Court to refer the charge to the Australian Military Court for trial; and
 (b) after the request is made, 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 (2) applies if, on or after the commencement day, the Director of Military Prosecutions requests the Registrar of Military Justice to refer a charge of a service offence that was committed by a person before the commencement day to a Defence Force magistrate for trial.

(4) If this item applies, then:
 (a) immediately after the request is made, the Director of Military Prosecutions:
 (i) is taken to have withdrawn the request; and
 (ii) is taken to have requested the Registrar of the Australian Military Court to refer the charge to the Australian Military Court for trial; and
 (b) after the request is made, the new law applies in relation to the service offence as if the offence had been committed after the commencement day.

Elections made for trial by court martial or Defence Force magistrate

(5) If:
 (a) after the commencement day, a person makes an election under subsection 131(1) of the old DFDA to have a charge against him or her tried by a court martial or Defence Force magistrate; and
 (b) because of subitem (2) or (4), the Director of Military Prosecutions is taken to have requested the Registrar of the Australian Military Court to refer the charge to the Australian Military Court for trial;
the person may withdraw the election by written notice to the Registrar of the Australian Military Court at any time before a date is fixed for hearing by the Court.