Commonwealth Numbered Acts

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Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 60

Determination of questions by court martial
60. Section 133 of the Principal Act is amended by adding at the end thereof
the following sub-section:

"(6) Notwithstanding anything contained in this Act, the members of a court
martial-

   (a)  in determining the question whether an accused person-

        (i)    is guilty or not guilty of a service offence; or

        (ii)   at the time of the act or omission the subject of the charge,
               was suffering from such unsoundness of mind as not to be
               responsible, in accordance with law, for that act or omission;
               or

   (b)  in determining what action shall be taken under Part IV in relation to
        a convicted person, shall sit without any other person present.". 


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