EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 172

 

Issued by the authority of the Chief Military Judge

 

Defence Force Discipline Act 1982

 

Australian Military Court Rules 2007

 

Australian Military Court Amendment Rules 2008 (No. 2)

 

Section 149A of the Defence Force Discipline Act 1982 (the Act) provides that the Chief Military Judge may make rules of procedure, not inconsistent with the Act (including the regulations), providing for or in relation to the practice and procedure to be followed by the Australian Military Court exercising power under the Act.

 

The Australian Military Court Amendment Rules 2008 (No. 2) (the Rules) amend the Australian Military Court Rules 2007, revising procedural requirements for both the Australian Military Court and the Registrar of the Australian Military Court. This includes amendments to the requirements for dealing with the seal and stamp of the Court, issuing notices to an accused person and objections to military jurors or reserve military jurors. The amendments also expand the definitions applied in the Rules, the keeping of a record of proceedings before the Australian Military Court and small editorial amendments.

 

Details of the Rules are outlined in the Attachment.

 

The Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA).

 

Consultation was considered inappropriate and unnecessary, pursuant to section 18 of the LIA because the Rules relate to the service of members of the ADF.

 

The Rules commence on the day after they are registered.

 

ATTACHMENT

 

Details of the Australian Military Court Amendment Rules 2008 (No. 2)

 

Rule 1 identifies these rules as the Australian Military Court Amendment Rules 2008 (No. 2).

 

Rule 2 sets the commencement date as the day after they are registered.

 

Rule 3 provides for Schedule 1 to amend the Australian Military Court Rules 2007.

 

Schedule 1

 

Rule 4 amends the definitions of defending officer and prosecuting officer.

 

Rule 5 is amended to clarify the use of the seal and stamp, the use of a facsimile of the seal or stamp and the custody of the stamp of the Australian Military Court.

 

Rule 12 is amended to remove reference to ‘counsel’ of the accused person as this is unnecessary, given the definition of defending officer.

 

Rule 20 is amended to correct an editorial error.

 

Rule 23 is amended to clarify the process when the Registrar is required to issue a notice informing an accused person of his or her right to make an election for the mode of their trial.

 

Rule 34 is amended to include references to reserve military jurors.

 

Rule 37 is also amended to include references to reserve military jurors.

 

Rule 43 provides that the Registrar must arrange for a recorder and, if required, an interpreter and military jury court officer.

 

Rule 47 is amended to correct an editorial error.

 

Rule 62(2) is amended to remove the requirement that an exhibit must be marked with the seal of the Court.

 

Rule 64 requires the keeping of a proper record of proceedings before the Australian Military Court and outlines the custody requirements for retaining this record.