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Armed Forces Discipline Act 2000

Section 17: Constitution of Summary Appeal Court for appeals

49.This section inserts a new section into each of the SDAs.

Subsection (1) inserts a section 83ZD into both the Army and Air Force Acts 1955. This section specifies that the court shall consist of one judge advocate and two officers, qualified as described above, subject to any rules made regulating practice and procedure. For each appeal, the judge advocate will be chosen by or on behalf of the Judge Advocate General and the officers will be chosen by the court administration officer.

Subsection (2) inserts a new section 52FJ into the Naval Discipline Act 1957.  This section is identical in effect to that described in subsection (1) above except that it provides for the judge advocates to be chosen by or on behalf of the Chief Naval Judge Advocate, and also provides that at least one member of the court holds a minimum rank of commander and that the most senior member of the court at that sitting shall act as president.

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