Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 55

55. After section 129 of the Principal Act the following section is inserted
in Part VII: Discontinuance of proceedings before Defence Force magistrate,
&c.

"129A. (1) Where-

   (a)  a charge or case has been referred to a Defence Force magistrate under
        section 103 or sub-section (4) of this section; and

   (b)  it appears to a convening authority-

        (i)    at a time before the Defence Force magistrate commences to try
               the charge or hear the case, that by reason of the exigencies
               of service, or for any other reason, it is desirable to do so;
               or

        (ii)   at a time after the Defence Force magistrate commences to try
               the charge or hear the case, that it would not be in the
               interests of justice for the Defence Force magistrate to
               continue, the convening authority shall terminate the
               reference.

"(2) Where-

   (a)  a charge or case has been referred to a Defence Force magistrate under
        section 103 or sub-section (4) of this section; and

   (b)  at a time after the Defence Force magistrate commences to try the
        charge or hear the case, the Defence Force magistrate is unable to
        conclude the trial of the charge or the hearing of the case because of
        death, illness, the exigencies of service or other circumstances, a
        convening authority shall terminate the reference.

"(3) Where a reference of a charge is terminated by a convening authority
under sub-section (1) or (2) at a time before the dismissal of the charge or
the acquittal or conviction of the accused person, the charge shall, by virtue
of the termination of the reference, be taken to have been referred to the
convening authority.

"(4) Where-

   (a)  a reference of a charge is terminated under sub-section (1) or (2)
        after the conviction of the accused person and before action has been
        taken under Part IV in relation to the person; or

   (b)  a reference of a case is terminated under sub-section (1) or (2)
        before action has been taken under Part IV in relation to the
        convicted person, a convening authority may-

   (c)  refer the charge or case, as the case may be, to a Defence Force
        magistrate to take action under Part IV in relation to the person; or

   (d)  if no Defence Force magistrate is available or the convening authority
        considers that it would be more appropriate for the matter to be dealt
        with by a court martial-convene a general court martial or a
        restricted court martial to take action under Part IV in relation to
        the person.".