Defence (Amendment) Act 2007


Court-Martial Rules

Section 71 .


Court-Martial Rules

Matters in respect of which the Courts-Martial Rules Committee may make court-martial rules.

1. The pleading, practice and procedure generally in all proceedings before courts-martial.

2. Assignment of cases by the Chief Military Judge (if any).

3. Sittings of courts-martial, including the days, times and place of sitting and any changes thereto.

4. Oaths and affirmations for members of the court-martial board, witnesses and other persons and the person or persons who may administer such oaths and affirmations.

5. Procedures for the making of objections to, and the replacement of, members of a court-martial board.

6. Procuring the attendance of witnesses and other persons and the production of documents and other things, including provision in relation to—

(a) the payment of expenses to persons summoned to attend a court-martial,

(b) the making of orders for the arrest of persons.

7. The making of records of the proceedings of courts-martial.

8. The order of and manner in which submissions may be made by the Director or by or on behalf of the accused in all proceedings before a court-martial.

9. The alteration, amendment, addition and substitution of charges.

10. Adjournment of proceedings before a court-martial.

11. The procedure for the dissolution by a military judge of a general court-martial or limited court-martial.

12. Forms of orders to be made by a military judge including in relation to sentences of imprisonment or detention or any other punishment which may be awarded.

13. Procedures for making application for legal aid.

14. The entry into, taking of and form of recognisance for the purposes of suspending sentences under section 212A.

15. Procedures for making application to a court-martial under section 212A(11) to fix a date for hearing for the purposes of that provision.

16. Procedures for the making of applications for restitution of stolen property under section 225.

17. The practice and procedure for the bringing and hearing of appeals by, and other related proceedings before, the summary court-martial.

18. The procedure for referral under section 178G(5) of questions of law arising on an appeal under section 178E to the Courts-Martial Appeal Court for determination.

19. Any other matter or thing expedient or necessary for the purposes of carrying into effect the provisions of this Act relating to the pleading, practice and procedure generally in all proceedings before courts-martial under this Act.”.