For the purposes of subsection 17 (2) of the Act, the prescribed period within which a person affected by a decision given by a single member of the Tribunal may appeal to the Tribunal from the decision is a period of 10 days from the day on which he is notified of the decision.

(1)

For the purpose of paragraph 21 (1) (b) of the Act, the following persons are prescribed, namely:

(a)

a Deputy Registrar;

(b)

in the case of an appellant, other than an appellant referred to in paragraph (c), (d) or (e) — the officer commanding any unit of the Defence Force;

(c)

where the appellant is in custody on board a ship, other than a ship of the Australian Navy, being a ship on board which is a body, contingent or detachment of the Defence Force — the officer commanding the body, contingent or detachment;

(d)

where the appellant is confined in a detention

centre — the officer in charge of the detention centre;

(e)

where the appellant is confined in a civil prison in Australia — the Governor of the prison.

(2)

Where an appeal or an application for leave to appeal is lodged with a person referred to in subregulation (1), that person shall forward the appeal or application to the Registrar.

(1)

Where an appeal or application for leave to appeal against a conviction or prescribed acquittal by a court martial or Defence Force magistrate is lodged under the Act, the Chief of the Defence Force or a service chief shall, if so requested by the Registrar, cause:

(a)

a record of proceedings of the court martial or Defence Force magistrate;

(b)

a record of any review with respect to the proceedings of the court martial or Defence Force magistrate; and

(c)

documents that were before the court martial, Defence Force magistrate or reviewing authority in connection with the proceedings, as the case may be;

to be furnished to the Tribunal for the purposes of that appeal or application.

(2)

Where a record or document furnished to the Tribunal under subregulation (1) is no longer required for the purposes of the appeal or application for leave to appeal in respect of which it was furnished, the Registrar shall cause the record or document to be returned to the Chief of the Defence Force or service chief from whom the record or document was requested.

(1)

An appellant may, within a period of 14 days, or such longer period as the Tribunal allows, from the day on which he lodged his appeal or application for leave to appeal, apply to the Tribunal for the approval of the Tribunal to the granting of legal aid to the appellant under this regulation.

(2)

An application under subregulation (1) shall be accompanied by a statutory declaration made by the appellant setting out such information as is necessary to enable the Tribunal to determine whether his means are insufficient to enable him to prosecute his appeal or application for leave to appeal.

(3)

If, upon an application being made to the Tribunal under this regulation, the Tribunal is satisfied:

(a)

that the appellant has insufficient means to enable him to prosecute his appeal or application for leave to appeal; and

(b)

that it appears desirable in the interests of justice that legal aid should be granted to the appellant under this regulation,

the Tribunal may, by order, approve the granting to the appellant of legal aid under this regulation.

(4)

If the Tribunal approves the granting to an appellant of legal aid under this regulation, the Attorney-General may arrange for one or more legal practitioners to represent the appellant at the hearing of the appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal.

(5)

Where, under subregulation (4), the Attorney-General arranges for a legal practitioner to represent an appellant, the legal practitioner shall be paid by the Commonwealth such amount for fees and disbursements as is determined by the Attorney-General.

An appellant may, by notice in writing to the Registrar:

(a)

withdraw his application for leave to appeal at any time before the hearing of the application is commenced; or

(b)

discontinue his appeal at any time before the hearing of the appeal is commenced.

An order made under subsection 37 (3) of the Act for the payment of the amount of any costs may be enforced:

(a)

by the Commonwealth suing for and recovering the amount in a court of competent jurisdiction as if the amount were a debt due to the Commonwealth; or

(b)

by deducting the amount from any pay and allowances earned by the appellant as a member of the Defence Force,

or partly in one way and partly in the other way.

(1)

Where an appellant in custody is entitled to be present at the hearing of his appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal, the Registrar shall transmit to the person who has the custody of the appellant a certificate signed by the Registrar stating:

(a)

that the appellant is so entitled; and

(b)

particulars of the place where, and of the times at which, the appeal or application for leave to appeal, or the matter preliminary or incidental to the appeal, as the case may be, will be heard.

(2)

Where a person who has the custody of an appellant receives a certificate under subregulation (1), he shall, and by these regulations is authorized to, take such steps as are necessary to ensure:

(a)

that the appellant is taken to the place specified in the certificate at the times so specified; and

(b)

that the appellant will continue to be present at that place during the hearing of the appeal or application for leave to appeal, or of the matter preliminary or incidental to the appeal, as the case may be.

(3)

Where an appellant in custody is to be taken to a place at which he is entitled to be present for the purposes of the Act, the person who has the custody of the appellant shall ensure that the appellant is under guard:

(a)

during the time the appellant is travelling to, and returning from, the place; and

(b)

unless the Tribunal otherwise orders, during the time the appellant is present at the place.

(1)

There shall be a Registry of the Tribunal, which shall be at such place as the President directs.

(2)

The Registrar shall have the custody of such of the records of the Tribunal as are kept in the Registry and of the documents lodged or filed with the Registrar or a deputy Registrar.

(3)

The Registrar shall keep:

(a)

proper records of proceedings before the Tribunal and of documents of which he has the custody; and

(b)

such indexes as will enable documents of which he has the custody to be referred to.

The Registrar shall, as soon as practicable before the hearing of an appeal or application for leave to appeal, or of a matter preliminary or incidental to an appeal, notify:

(a)

the appellant or the legal practitioner, if any, by whom the appellant is to be represented at the hearing; and

(b)

the Chief of the Defence Force, or service chief, whose duty it is to undertake the defence of the appeal, application or matter,

of the time, date and place of the hearing.

The Registrar shall, as soon as practicable after he receives an application for leave to appeal, supply the appellant with a copy of these regulations free of charge.

(1)

In this regulation, the assistant Registrar means:

(a)

where there is one deputy Registrar only — that deputy Registrar; or

(b)

where there is more than one deputy Registrar — the deputy Registrar appointed by the President to be the assistant Registrar.

(2)

In the event of the absence, through illness or otherwise, of the Registrar or of a vacancy in the office of Registrar, the assistant Registrar has all the powers and functions, and shall perform all the duties, of Registrar during the absence or vacancy.

The allowances payable under subsection 34 (1) of the Act to a witness (other than a member of the Defence Force rendering service) are such fees and travelling expenses as the Registrar thinks fit to allow in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969.

Where a copy of a document relating to an appeal is supplied by the Registrar to the appellant, the appellant shall pay to the Registrar a fee of:

(a)

where the number of pages of photocopy required to reproduce the document does not exceed 50 pages — $12; or

(b)

where the number of pages of photocopy required to reproduce the document exceeds 50 pages — $12 plus 10 cents for each page of photocopy required in excess of 50.