Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_165
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 165
Character Range: 45389–46153

165  Australian Military Court may order new trial

 (1) If, in an appeal, the Australian Military Court quashes a conviction of a person of a service offence, the Court may, if it considers that in the interests of justice the person should be tried again, order a new trial of the person for the service offence.

 (2) If the Australian Military Court orders a new trial of a person under subsection (1), the trial must be by the Australian Military Court.

Note: Division 2 of Part VIII deals with trials by the Australian Military Court.

 (3) If the Australian Military Court orders a new trial of a person under subsection (1), the Court must make such further orders for the custody of the person pending the new trial as the Court considers appropriate.