If, in the course of or in relation to proceedings before the Australian Military Court, a case arises for which no provision or insufficient provision is made by the Act, these Rules or any regulations made pursuant to subsection 146 (2) of the Act:
(a) the established course that would, in the particular case, have applied in a trial by jury in a civil court in the Jervis Bay Territory in its criminal jurisdiction must be adopted; or
(b) if there is no such established course, such course must be adopted as the interests of justice require.