New Zealand Acts

COURT MARTIAL ACT 2007 - SECT 84

84 What happens if court-martial has not yet been convened on commencement of this Act

1 This section applies if—

a) proceedings under the 1971 Act have been commenced before the commencement of this Act and have not been completed before that commencement; and

b) before that commencement, the accused elects to be tried by court-martial and does not withdraw that election in the prescribed manner or is otherwise remanded for trial by court-martial; but

c) the court-martial has not been convened before that commencement.

2 If this section applies,—

a) the charge must be referred to the Director of Military Prosecutions; and

b) the accused may be remanded for trial in the Court Martial (as established by this Act); and

c) the charge must then be dealt with in accordance with the 1971 Act (as amended by the Armed Forces Discipline Amendment Act (No 2) 2007 ) and this Act; and

d) sections 117ZF to 117ZI of the 1971 Act (as substituted by the Armed Forces Discipline Amendment Act (No 2) 2007 ) apply with all necessary modifications for the purpose of giving effect to paragraphs (a) to (c).