Commonwealth Numbered Regulations

1985 No. 161 COURTS-MARTIAL APPEALS REGULATIONS (AMENDMENT) - REG 5

5. Regulations 9 and 10 of the Principal Regulations are repealed and the
following regulations substituted: Lodgement of appeals, &c.

"9. (1) For the purpose of paragraph 21 (1) (b) of the Act, the following
persons are prescribed, namely:

   (a)  a Deputy Registrar;

   (b)  in the case of an appellant, other than an appellant referred to in
        paragraph (c), (d) or (e)-the officer commanding any unit of the
        Defence Force;

   (c)  where the appellant is in custody on board a ship, other than a ship
        of the Australian Navy, being a ship on board which is a body,
        contingent or detachment of the Defence Force-the officer commanding
        the body, contingent or detachment;

   (d)  where the appellant is confined in a detention centre-the officer in
        charge of the detention centre;

   (e)  where the appellant is confined in a civil prison in Australia-the
        Governor of the prison.



"(2) Where an appeal or an application for leave to appeal is lodged with a
person referred to in sub-regulation (1), that person shall forward the appeal
or application to the Registrar. Furnishing records of court martial
proceedings, &c., to Tribunal

"10. (1) Where an appeal or application for leave to appeal against a
conviction or prescribed acquittal by a court martial or Defence Force
magistrate is lodged under the Act, a chief of staff shall, if so requested by
the Registrar, cause-

   (a)  a record of proceedings of the court martial or Defence Force
        magistrate;

   (b)  a record of any review with respect to the proceedings of the court
        martial or Defence Force magistrate; and

   (c)  documents that were before the court martial, Defence Force magistrate
        or reviewing authority in connection with the proceedings, as the case
        may be, to be furnished to the Tribunal for the purposes of that
        appeal or application.

"(2) Where a record or document furnished to the Tribunal under sub-regulation
(1) is no longer required for the purposes of the appeal or application for
leave to appeal in respect of which it was furnished, the Registrar shall
cause the record or document to be returned to the chief of staff from whom
the record or document was requested.".