42Listing a hearing — trials

42 Listing a hearing — trials

(1) The Registrar must issue a listing notice in accordance with this rule and any practice notes made for this purpose if:

(a) the Registrar refers a charge to the Australian Military Court under subsection 118 (1) of the Act; and

(b) the Chief Military Judge has nominated a Military Judge to try the charge; and

(c) the accused person:

(i) has consented to the issue of a listing notice; or

(ii) has responded to a notice given by the Registrar under rule 23 concerning the accused person’s rights of election; or

(iii) has not responded, within the time allowed under rule 23, to a notice given by the Registrar concerning the accused person’s rights of election.

(2) For a military jury trial, the listing notice must be accompanied by a list containing the name, rank and service number of the military jurors appointed.

(3) A listing notice must fix, or provide for the fixing of, the date, time and place for the hearing of the charge or case.

(4) At any time before the trial commences the Registrar may amend, vary or replace a listing notice if, in the opinion of the Registrar, it is appropriate to do so.

(5) The Registrar must give a copy of the listing notice, or a variation or replacement, to:

(a) the Military Judge nominated to try the charge; and

(b) the accused person; and

(c) the accused person’s superior authority; and

(d) the Director of Military Prosecutions; and

(e) the appointed defending officer; and

(f) the Director of Defence Counsel Services.