Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_154
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 154
Character Range: 66657–68168

154  Report to be obtained before commencement of review
 (1) A reviewing authority shall not commence a review without first obtaining a report on the proceedings from:
 (a) in the case of a conviction, or a direction given under subsection 145(2) or (5), by a court martial or Defence Force magistrate—a legal officer appointed, by instrument in writing, for the purposes of this section by the Chief of the Defence Force or a service chief on the recommendation of the Judge Advocate General; or
 (b) in any other case—a legal officer.
 (1A) An appointment under paragraph (1)(a) is for the period, not exceeding 3 years, specified in the instrument of appointment.
 (1B) A legal officer appointed under paragraph (1)(a) may be reappointed for a further period or periods.
 (2) Subject to subsection (4), a reviewing authority, in making a review, is bound by any opinion on a question of law set out in a report obtained under subsection (1).
 (3) A reviewing authority may refer a report obtained under subsection (1) to the Judge Advocate General or, if the Judge Advocate General so directs, to a Deputy Judge Advocate General.
 (4) On a reference under subsection (3) of a report, the Judge Advocate General or the Deputy Judge Advocate General may dissent from any opinion on a question of law set out in the report and, if he or she does so, he or she shall furnish to the reviewing authority, in writing, his or her own opinion on that question, which opinion is binding on the reviewing authority.