Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 62

62. After section 141 of the Principal Act the following section is inserted:
Amendment of charges

"141A. (1) Where it appears to-

   (a)  a summary authority, before dealing with or trying a charge or at any
        stage of dealing with or trying a charge;

   (b)  a convening authority, at any stage when a charge is before him under
        section 103;

   (c)  the judge advocate of a court martial, before the court martial tries
        a charge or at any stage of the trial of a charge; or

   (d)  a Defence Force magistrate, before trying a charge or at any stage of
        trying a charge, that the charge is defective, the summary authority,
        convening authority, judge advocate or Defence Force magistrate, as
        the case may be, shall make such amendment of the charge as he thinks
        necessary unless the amendment cannot be made without injustice to the
        accused person.

"(2) In sub-section (1), 'amendment' includes the addition of a charge or the
substitution of a charge for another charge.".