Commonwealth Consolidated Regulations(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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