72Lodging or giving documents to person other than Australian Military Court or Registrar

72 Lodging or giving documents to person other than 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 a person other than the Australian Military Court or the Registrar.

(2) The document may be lodged or given:

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

(b) by posting the document to the address given by the person for the purpose of receiving the document; or

(c) by fax to the fax number given by the person for the purpose of receiving the document; or

(d) by email to the address given by the person for the purpose of receiving the document.

(3) A postal address, fax number or email address given by a convicted person in:

(a) a notice of appeal; or

(b) an application to extend time to appeal;

is taken to be a postal address, fax number or email address for subrule (2) unless the convicted person gives another address or number for the purpose of receiving the document.

(4) A postal address, fax number or email address of a member of the Defence Force who is not a convicted person that is the member’s usual address at their unit, ship, base or command is taken to be a postal address, fax number or email address for subrule (2) unless the member gives another address or number for the purpose of receiving the document.

(5) 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.

(6) 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.

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

(8) 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.

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

(a) the document is taken to be lodged or given on 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.