Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 160

New trial

  (1)   Where in a review the reviewing authority:

  (a)   quashes a conviction that was recorded within the preceding 6 months; and

  (b)   considers that, in the interests of justice, the person who was convicted should be tried again for the service offence of which the person was convicted;

the reviewing authority may order a new trial of the person for that offence.

  (2)   An order under subsection   (1) for the new trial of a person lapses unless the new trial commences within a period of 6 months commencing on the day on which the order is made.

  (3)   Where a reviewing authority makes an order under subsection   (1) for a new trial of a person, the reviewing authority may make such further orders for the custody of the person pending the new trial as the authority thinks appropriate.



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