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Armed Forces Discipline Act 1971

Repeals, amendments, and savings

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for Changing to New Laws in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

You are looking at a schedule called 'Transitional, savings, and related provisions'. This is part of the Armed Forces Discipline Act 1971. The schedule has rules about how some changes to the law apply. These changes are from the Military Justice Legislation Amendment Act 2018. You need to know what some words mean in this schedule. A 'proceeding' is when a charge is dealt with under this Act. It includes any appeals that happen. The 'amendment Act' refers to Part 1 of the Military Justice Legislation Amendment Act 2018. 'Commencement' means when the amendment Act started. Some old rules still apply to certain cases. This happens when someone was charged before the new rules started. But if the case is sent to the Court Martial after the new rules started, the old rules do not apply. There are also rules about when new rights for victims apply. These rights do not apply to cases that started before the new rules. But they do apply if new charges are added after the new rules started, or if the case is sent to the Director of Military Prosecutions and is not finished yet. Other changes to the law do not apply to cases that were already underway before the new rules started. This means that if the Director of Military Prosecutions had already laid a charge before the new rules started, the old rules still apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS147795.

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208: Repeals, amendments, and savings, or

"Changes to old laws and what happens to things already done under them"

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Schedule 1: Civilians subject to this Act, or

"Who is covered by the Armed Forces Discipline Act when serving overseas"

1AATransitional, savings, and related provisions Empowered by s 5A

1Provisions relating to Part 1 of Military Justice Legislation Amendment Act 2018

1Interpretation in this Part

  1. In this Part,—

    amendment Act means Part 1 of the Military Justice Legislation Amendment Act 2018

      commencement means the commencement of the amendment Act

        other amendments means the amendments made by sections 12 to 20 of the amendment Act

          proceeding means the disposal of a charge recorded under this Act, and includes any appeals

            victims’ rights amendments means the amendments made by sections 6 to 10 and 21 of the amendment Act.

            2Burden of proof amendment

            1. Despite its repeal by section 4 of the amendment Act, section 3(2) continues to apply in relation to a proceeding in which the accused has been arraigned in accordance with section 116 before commencement.

            2. Despite subclause (1), if the accused in a proceeding described in that subclause is, after commencement, remanded for trial in the Court Martial, section 3(2) does not apply to the proceeding from the point at which the accused is remanded.

            3Victims’ rights amendments

            1. The victims’ rights amendments do not apply in relation to a proceeding in which the charge is recorded under section 102 before commencement.

            2. Despite subclause (1), the victims’ rights amendments apply in relation to a proceeding described in that subclause if—

            3. any further charges for an offence arising from the same incident or series of incidents are recorded after commencement; or
              1. the charge is referred to the Director of Military Prosecutions under subpart 2 of Part 5 (whether before or after commencement) and the proceeding is not completed at the time of commencement.

                4Other amendments

                1. The other amendments do not apply in relation to a proceeding in which the Director of Military Prosecutions has laid the charge before the Registrar of the Court Martial before commencement.