Commonwealth Consolidated Regulations

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AUSTRALIAN MILITARY COURT RULES 2007 - REG 68L

New trial

         (1)   If:

                (a)    the Australian Military Court orders a new trial of a person under section 165 of the Act; and

               (b)    the Director of Military Prosecutions requests the Registrar, under subsection 103 (2A) of the Act, to refer the charge to the Australian Military Court for trial;

the charge is to be dealt with in accordance with the Act and these Rules.

Note    Section 118 of the Act provides for the referral of a charge to the Australian Military Court and the nomination of a Military Judge to hear the charge.

         (2)   Subrule (1) does not limit the power of the Director of Military Prosecutions to act under section 103A of the Act.

   



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