Document ID: chunk:federal_register_of_legislation:C2004A01220:clause:1_16
Version: federal_register_of_legislation:C2004A01220
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 9945–11947

16  At the end of section 103
Add:

 (8) If a convening authority believes that he or she would be:
 (a) biased, or likely to be biased; or
 (b) likely to be thought, on reasonable grounds, to be biased;
in the exercise of a power under this section in relation to:
 (c) a charge; or
 (d) an order for a new trial; or
 (e) a conviction;
the convening authority may refer the charge, order or conviction to another convening authority.

 (9) If a convening authority believes that the interests of justice require this in respect of the exercise of a power under this section in relation to:
 (a) a charge; or
 (b) an order for a new trial; or
 (c) a conviction;
the convening authority may refer the charge, order or conviction to another convening authority.

 (10) If:
 (a) a charge, order or conviction is referred to a convening authority for the purposes of the exercise of a power of the convening authority under this section; and
 (b) the convening authority does not, because of the terms of his or her appointment, have the power to convene a general court martial; and
 (c) the convening authority is of the opinion that the convening of a general court martial could be an appropriate exercise of power under this section in relation to the charge, order or conviction;
the convening authority may refer the charge, order or conviction to a convening authority who has the power to convene a general court martial.

 (11) If a convening authority (the first convening authority) refers a charge, order or conviction to another convening authority (the second convening authority) under subsection (8), (9) or (10):
 (a) the first convening authority must not exercise a power under subsections (1) to (7) in relation to the charge, order or conviction; and
 (b) the subsection of this section that relates to the referral of the charge, order or conviction to the first convening authority applies as if the charge, order or conviction had been referred to the second convening authority.