68DDecision on application for extension of time to appeal

68D Decision on application for extension of time to appeal

(1) For subparagraph 161 (2) (b) (ii) of the Act, a Military Judge must have regard to the following matters in deciding whether to allow a person an extension of time to appeal to the Australian Military Court:

(a) whether the person received legal advice in connection with the person’s right of appeal to the Court;

(b) if the person received legal advice of that kind — when the person received the legal advice;

(c) any other matter the Military Judge considers relevant to the application.

(2) The Military Judge may give directions about how the application is to be determined.

(3) After the Military Judge makes a decision on the application:

(a) the Military Judge must give the Registrar a copy of the decision and the reasons for the decision; and

(b) the Registrar must give a copy of the decision, and the reasons for the decision, to:

(i) the convicted person; and

(ii) the convicted person’s defending officer; and

(iii) the summary authority who convicted the person; and

(iv) the Director of Military Prosecutions; and

(v) the Director of Defence Counsel Services.

(4) If the Military Judge grants the application, then, for section 176 of the Act, the convicted person is taken to have lodged an appeal with the Australian Military Court on the date the application is granted.