Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a charge or case has been referred to a Defence Force magistrate under subparagraph 87(1)(c)(ii), section 103 or subsection (4) of this section, the Registrar must terminate the reference if:
(a) at a time before the Defence Force magistrate commences to try the charge or hear the case, it appears to the Registrar that, by reason of the exigencies of service, or for any other reason, it is desirable to terminate the reference; or
(b) at a time after the Defence Force magistrate commences to try the charge or hear the case:
(i) it appears to the Defence Force magistrate that it would not be in the interests of justice for the Defence Force magistrate to continue; and
(ii) the Defence Force magistrate directs the Registrar to terminate the reference.
(2) Where:
(a) a charge or case has been referred to a Defence Force magistrate under subparagraph 87(1)(c)(ii), section 103 or subsection (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;
the Registrar must terminate the reference.
(3) Where a reference of a charge is terminated by the Registrar under subsection (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 Director of Military Prosecutions.
(4) Where:
(a) a reference of a charge is terminated under subsection (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 subsection (1) or (2) before action has been taken under Part IV in relation to the convicted person;
the Registrar 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 Director of Military Prosecutions 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.
Note: A charge or case referred to a Defence Force magistrate must be referred to the magistrate nominated by the Judge Advocate General: see section 129C.