Part 1Preliminary provisions relating to Court Martial
Constitution of Court Martial for proceedings: Assignment of military members of Court Martial
27Objections against assignment of person as military member
The accused or the Director of Military Prosecutions may object to the Registrar about the assignment of any person as a military member on the ground that the person—
- might not act, or is not in a position to act, impartially; or
- is not qualified to sit as a military member under section 22.
An objection under subsection (1) must—
- be in writing; and
- specify the ground of the objection; and
- be made within the time prescribed in the rules of procedure; and
- be served on the Registrar.
On receiving an objection made in accordance with subsection (2), the Registrar must—
- consider the objection; and
- decide whether to accept or reject the objection.
If the Registrar accepts the objection, the Registrar must—
- assign another person (a substitute military member) in accordance with sections 22 to 26 and 28; and
- give written notice of that assignment to—
- the substitute military member; and
- the person whose assignment was objected to
(the impugned person); and - the accused; and
- the Director of Military Prosecutions.
- the substitute military member; and
To avoid doubt, the impugned person must be treated as if that person had retired from the Court Martial on the date on which the notice under subsection (4)(b)(ii) is given.
If the Registrar rejects the objection,—
- the impugned person is confirmed as a military member; and
- the Registrar must give written notice of that fact to the impugned person, the accused, and the Director of Military Prosecutions.
Notes
- Section 27 heading: amended, on , by section 28(1) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 27(1): amended, on , by section 28(2) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 27(4)(b)(ii): amended, on , by section 28(3) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 27(4)(b)(iii): amended, on , by section 28(4) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 27(4)(b)(iv): inserted, on , by section 28(5) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).
- Section 27(6)(b): amended, on , by section 28(6) of the Military Justice Legislation Amendment Act 2018 (2018 No 36).


