Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 56

56. Section 130 of the Principal Act is amended by inserting after sub-section
(3) the following sub-section:

"(3A) Nothing in sub-section (1) shall be taken to require the summary
authority, in trying a charge in accordance with that sub-section, to form
either an opinion of the kind referred to in paragraph (1) (c) or an opinion
of the kind referred to in paragraph (1) (d) unless-

   (a)  the accused person has submitted that the summary authority should
        form an opinion of the first-mentioned kind; or

   (b)  the interests of justice require that the summary authority should
        form an opinion of the first-mentioned kind.".