42AListing a hearing — appeals from summary authorities

42A Listing a hearing — appeals from summary authorities

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

(a) either:

(i) an application for an extension of time to appeal has been lodged under paragraph 161 (2) (b) of the Act; or

(ii) an appeal has been lodged under subsection 161 (1) of the Act; and

(b) the Australian Military Court has decided that the application for an extension of time to appeal, or the appeal, is to be determined by the holding of a hearing; and

(c) the Chief Military Judge has nominated a Military Judge to hear the application or appeal.

(2) A listing notice must fix, or provide for the fixing of, the date, time and place for the hearing of the application or appeal.

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

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

(a) the Military Judge nominated to hear the application or appeal; and

(b) the person who made the application or lodged the appeal; and

(c) the person’s superior authority (if any); and

(d) the person’s defending officer; and

(e) the Director of Military Prosecutions; and

(f) the Director of Defence Counsel Services.