Interpretation
4 Interpretation
In this Act, unless the contrary intention appears:
appeal means an appeal to the Tribunal under this Act.
appellant means a person who appeals, or applies for leave to appeal under this Act to the Tribunal.
Australia includes the Territories to which this Act extends.
charge means a charge of a service offence.
convicted person means a person who has been convicted by a court martial or a Defence Force magistrate.
conviction means a conviction by a court martial or a Defence Force magistrate.
court martial means a court martial convened under the Defence Force Discipline Act 1982.
court of summary jurisdiction, in relation to a Territory, includes a court of that Territory sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory.
court order means:
an order made by the Australian Military Court under subsection 75(1) of the Defence Force Discipline Act 1982; or
an order made by the Australian Military Court under section 83 of that Act; or
an order made by the Australian Military Court under section 84 of that Act;
but does not include an order made in an appeal under Part IX of the Defence Force Discipline Act 1982.
Defence Force magistrate means a Defence Force magistrate appointed under section 127 of the Defence Force Discipline Act 1982.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
member or member of the Tribunal means a member of the Tribunal, and includes the President and Deputy President.
mental impairment has the same meaning as in the Defence Force Discipline Act 1982.
prescribed acquittal means an acquittal of a service offence by a court martial or a Defence Force magistrate because of mental impairment.
prescribed acquitted person means a person who has been acquitted of a service offence by a court martial or a Defence Force magistrate because of mental impairment.
review and reviewing authority have the same respective meanings as they have in the Defence Force Discipline Act 1982.
service offence has the same meaning as it has in the Defence Force Discipline Act 1982.
service tribunal has the same meaning as it has in the Defence Force Discipline Act 1982.
the Deputy President means the Deputy President of the Tribunal, and includes a member appointed to act as Deputy President under subsection (5) of section 7.
the President means the President of the Tribunal.
the Registrar means the Registrar of the Tribunal, and includes a deputy of the Registrar appointed under subsection (2) of section 19.
the Tribunal means the Defence Force Discipline Appeal Tribunal constituted under this Act.
For the purposes of this Act, where, in a review under Part VIIIA of the Defence Force Discipline Act 1982 of the proceedings before a court martial or a Defence Force magistrate, the reviewing authority:
substitutes for the conviction of a service offence a prescribed acquittal of that service offence or a conviction of another service offence; or
takes such action in relation to the convicted person as could have been taken under Part IV of that Act by the court martial or the Defence Force magistrate;
the conviction or prescribed acquittal so substituted or the action so taken, as the case may be, shall be deemed to have been made or taken, as the case may be, by the court martial or the Defence Force magistrate.
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