Document ID: chunk:federal_register_of_legislation:C2024C00861:section:166
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 166
Character Range: 458541–459438

166  New trial
 (1) Where in a review the reviewing authority:
 (a) quashes a prescribed acquittal that was recorded within the preceding 6 months; and
 (b) considers that, in the interests of justice, the person who was acquitted should be tried again for the service offence of which the person was acquitted;
the reviewing authority may order a new trial of the person for that offence.
 (2) An order under subsection (1) lapses unless the new trial commences within a period of 6 months commencing on the day on which the order is made.
 (3) Where a reviewing authority makes an order under subsection (1) for a new trial of a person, the reviewing authority may make such further orders for the custody of the person pending the new trial as the authority thinks appropriate.

Division 5—Action on review of certain punishments and orders that are subject to approval by reviewing authority