Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 53 Eligibility to be member of court martial

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 53

53. Section 116 of the Principal Act is amended-

   (a)  by omitting from paragraph (1) (c) "he is not junior in rank to the
        accused person (being a member of the Defence Force) or to" and
        substituting "he holds a rank that is not lower than the rank held by
        the accused person (being a member of the Defence Force) or by";

   (b)  by inserting after sub-section (2) the following sub-section:



"(2A) Sub-section (2) does not apply in relation to a person who becomes
President of a court martial in pursuance of-

   (a)  an appointment made by virtue of paragraph 124 (1) (e); or

   (b)  sub-section 126 (1)."; and
(c) by inserting in sub-section (3) ", and to the extent that," after "if".