Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 58

58. After section 131 of the Principal Act the following section is inserted
in Division 1 of Part VIII: Reference of charge to convening authority

"131A. Where on a trial of a charge a superior summary authority or commanding
officer is of the opinion-

   (a)  that the evidence adduced by the prosecution is sufficient to support
        the charge; and

   (b)  that, in the event of his convicting the accused person, he would be
        precluded by a provision of this Act from taking such action under
        Part IV in relation to the accused person as he considers to be
        warranted by that evidence, the superior summary authority or
        commanding officer, as the case may be, shall terminate the trial and
        refer the charge to a convening authority.".