68LNew trial

68L New trial

(1) If:

(a) the Australian Military Court orders a new trial of a person under section 165 of the Act; and

(b) the Director of Military Prosecutions requests the Registrar, under subsection 103 (2A) of the Act, to refer the charge to the Australian Military Court for trial;

the charge is to be dealt with in accordance with the Act and these Rules.

Note Section 118 of the Act provides for the referral of a charge to the Australian Military Court and the nomination of a Military Judge to hear the charge.

(2) Subrule (1) does not limit the power of the Director of Military Prosecutions to act under section 103A of the Act.