Defence Force Magistrate must be appointed according to Chapter III of the Constitution Defence Force Discipline Act 1982
Cth) ss 34, 47, 152 Defence Force Disciplinary Appeals Act 1955
Cth) ss 17, 21 Federal Court of Australia Act 1976
Cth) ss 25, 26 Acts Interpretation Act 1901
Cth) s 42 Crimes Act 1900
NSW) ss 135C, 178BA Crimes Act 1914
What those reasons and the other materials before the Court show is that on 1 November 1999 the appellant was convicted by a Defence Force Magistrate of one count of assaulting an inferior, contrary to s 34 of the Defence Force Discipline Act 1982
He lodged a notice of appeal from that conviction on 17 April 2001, pursuant to s 21(1) of the Defence Force Discipline Appeals Act 1955
In relation to the legal position of a stated case or a question of law reserved, it is necessary to have regard first to s 25(6) of the Federal Court of Australia Act 1976
In the High Court it was held by the whole Court that trials of service offences were not, under the Discipline Act, trials on indictment, and s 42 of the Acts Interpretation Act 1901