Commonwealth Numbered Regulations

1985 No. 128 DEFENCE FORCE DISCIPLINE RULES - RULE 29

29. (1) When a convening authority convenes a court martial for the trial of a
charge, the authority shall cause to be sent-

   (a)  to the President and each member or reserve member of the court
        martial-a copy of the convening order;

   (b)  to the judge advocate-

        (i)    the convening order;

        (ii)   the charge sheet;

        (iii)  the record of evidence taken at proceedings in relation to the
               charge before a commanding officer, a superior summary
               authority or an examining officer; and

        (iv)   any other statement taken from a witness to be called for the
               prosecution; and

   (c)  to the accused person-

        (i)    copies of the documents referred to in sub-paragraphs (b) (ii),
               (iii) and (iv);

        (ii)   a list of the names of witnesses to be called for the
               prosecution; and

        (iii)  a list of exhibits to be given in evidence for the prosecution.

(2) When a convening authority refers a charge to a Defence Force magistrate
for trial, the authority shall cause to be sent-

   (a)  to the Defence Force magistrate-

        (i)    the order referring the charge; and

        (ii)   the charge sheet; and

   (b)  to the accused person-

        (i)    copies of the documents referred to in sub-paragraph (a);

        (ii)   the record of evidence taken at proceedings in relation to the
               charge before a commanding officer, a superior summary
               authority or an examining officer;

        (iii)  any other statement taken from a witness to be called for the
               prosecution;

        (iv)   a list of the names of witnesses to be called for the
               prosecution; and

        (v)    a list of exhibits to be given in evidence for the prosecution.

(3) When a convening authority convenes a court martial under paragraph 103
(6) (d) or sub-section 103 (7) of the Act, the authority shall cause to be
sent-

   (a)  to the President and each member or reserve member of the court
        martial-a copy of the convening order;

   (b)  to the judge advocate-

        (i)    the convening order; and

        (ii)   the record of proceedings of the trial of the convicted person
               for the service offences of which that person was convicted and
               in relation to which the person's election under sub-section
               131 (3) of the Act was made; and

   (c)  to the convicted person-a copy of the document referred to in
        sub-paragraph (b) (ii).

(4) When a convening authority refers a case to a Defence Force magistrate
under paragraph 103 (6) (c) of the Act, the authority shall cause to be sent-

   (a)  to the Defence Force magistrate-

        (i)    the order referring the case; and

        (ii)   the record of proceedings of the trial of the convicted person
               for the service offences of which that person was convicted and
               in relation to which the person's election under sub-section
               131 (3) of the Act was made; and

   (b)  to the convicted person-copies of the documents referred to in
        paragraph (a).