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Chapter 8
Rules of Procedure and Court-martial Rules
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Amendment of section 240 of Principal Act (rules of procedure).
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70.— Section 240 of the Principal Act is amended by substituting the following for subsection (1):
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“(1) The Minister may make rules (in this Act referred to as ‘rules of procedure’) in relation to all or any of the following matters:
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(a) the assembly and procedure of courts of inquiry and boards;
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(b) the form of oath to be taken by the military judge before entering upon his duties under this Act;
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(c) in the case of a person remanded for trial by court-martial, the procedures (other than procedures of a court-martial which are the subject of court-martial rules) to be followed in bringing the person to trial, including the taking of a written summary of evidence in the case;
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(d) the functions of the Court-Martial Administrator relating to the management and control generally of the administration and business of courts-martial;
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(e) the procedure for convening courts-martial;
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(f) the procedure for the dissolution by the Court-Martial Administrator of a general court-martial or limited court-martial;
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(g) the procedure for referring matters to the summary court-martial;
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(h) the procedure for selecting members of a court-martial board;
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(i) the procedure in relation to representation for the purposes of section 211A;
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(j) the promulgation of the findings and sentence of a court-martial;
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(k) the carrying into effect of sentences of courts-martial;
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(l) the carrying into effect of decisions made and punishments awarded by the summary court-martial under section 178G;
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(m) the form of notice and the giving of such notice under section 212A(12);
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(n) the retention and preservation of records of proceedings of a court-martial;
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(o) the supply of copies of such records, including provision in respect of any fee payable for the supply of copies;
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(p) the officers who are to be prescribed officers for the purposes of section 121;
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(q) the functions of the Chief Military Judge (if any);
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(r) the judicial functions, other than those with respect to courts-martial, which may be performed by a military judge;
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(s) any other matter or thing referred to in this Part (other than Chapters IV and X and any matter or thing referred to in this Part as prescribed by court-martial rules) as prescribed;
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(t) any other matter which the Minister considers necessary or expedient for the proper administration of this Part (other than Chapters IV and X and any matter referred to in this Part as the subject of court-martial rules).”.
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