71Lodging or giving documents to Australian Military Court or Registrar

71 Lodging or giving documents to Australian Military Court or Registrar

(1) This rule applies to a document that is authorised or required by these Rules to be lodged with or otherwise given to the Australian Military Court or the Registrar.

(2) The document may be lodged or given:

(a) by personally delivering the document to the Registrar; or

(b) by posting the document to the address mentioned in subrule (9); or

(c) by fax to the fax number mentioned in subrule (9); or

(d) by email to the address mentioned in subrule (9).

(3) If the document is:

(a) an affidavit; and

(b) lodged or given by email;

it must be lodged or given by sending an image of the completed and signed affidavit as an attachment to the email.

(4) If the document:

(a) is not an affidavit; and

(b) is required by these Rules to be signed;

the document is taken to have been duly signed if the person’s name is printed where his or her signature would otherwise appear.

(5) If the document is lodged or given by personal delivery to the Registrar, the document is taken to be lodged or given at the time of delivery of the document.

(6) If the document is lodged or given by post, the document is taken to be lodged or given at the time when it is received at the appropriate address for these Rules.

(7) If the document is lodged or given by fax:

(a) the document is taken to be lodged or given on successful completion of the transmission; and

(b) the person lodging or giving the document must:

(i) retain the original of the document; and

(ii) retain a paper copy of the receipt or delivery notice of the fax; and

(iii) produce the original document or the receipt or delivery notice as directed by the Australian Military Court.

(8) If the document is lodged or given by email:

(a) the document must be lodged or given in Portable Document Format, or another format approved by the Chief Military Judge; and

(b) the document must, to the extent practicable, be in a form which complies with these Rules; and

(c) the document must be capable of being printed with the content and in the form in which it was created; and

(d) the document is taken to be lodged or given at the time of receipt of the email; and

(e) the person lodging or giving the document must:

(i) retain a paper copy of the receipt or delivery notice of the email; and

(ii) retain a paper copy of the document; and