Document ID: chunk:federal_register_of_legislation:C2024C00861:section:141:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 141 (pt 2/3)
Character Range: 410729–413286

judge advocate:
 (a) is ineligible; or
 (b) is, or is likely to be, biased; or
 (c) is likely to be thought, on reasonable grounds, to be biased.
 (4) At any time before an accused person is asked to plead at a trial by a service tribunal, other than a court martial, the accused person may:
 (a) enter an objection to the service tribunal on the ground that the service tribunal is ineligible; or
 (b) except in the case of a trial by a summary authority, enter an objection to the service tribunal on the ground that the service tribunal:
 (i) is, or is likely to be, biased; or
 (ii) is likely to be thought, on reasonable grounds, to be biased;
but nothing in this subsection shall be taken, by implication, to authorize trial by a summary authority who:
 (c) is, or is likely to be, biased; or
 (d) is likely to be thought, on reasonable grounds, to be biased.
 (4A) For the purposes of this section, a summary authority is not to be regarded:
 (a) as biased; or
 (b) as likely to be biased;
in relation to the trial of an accused person merely because the summary authority is the commanding officer of the accused person.
 (4B) For the purposes of this section, the circumstance that a summary authority is the commanding officer of an accused person is not, without more, a reasonable ground for thinking that, in relation to the trial of the accused person, the summary authority is biased.
 (5) Where:
 (a) an accused person makes an application under paragraph (1)(a); and
 (b) in the case of a court martial, the judge advocate of the court martial, or in any other case, the service tribunal is satisfied that the interests of justice require that the application be granted;
the service tribunal or the judge advocate must grant the application.
 (6) Where:
 (a) an accused person enters an objection under paragraph (1)(b) or subsection (2), (3) or (4); and
 (b) in the case of a court martial, the judge advocate of the court martial, or in any other case, the service tribunal is satisfied that the accused person has substantiated his or her objection;
the service tribunal or the judge advocate must allow the objection.
 (7) An application or objection under subsection (1), (2) or (3) with respect to a trial by a court martial may be notified to the judge advocate of the court martial at any time after the making of the order convening the court martial and, on the notification of such an application or objection, the judge advocate shall sit without the members of the court martial for a hearing of that application or objection.