Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_133
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 133
Character Range: 38093–39704

133  Determination of questions by court martial
 (1) Subject to section 134, in any proceeding before a court martial:
 (a) the President shall preside; and
 (b) every question shall be determined by the members of the court martial.
 (2) Every question determined by the members of the court martial shall be decided by a majority of the votes of the members.
 (3) Subject to subsections (4) and (5), in the case of an equality of votes on any question referred to in subsection (2), the President has a casting vote.
 (4) In the case of an equality of votes on the question whether an accused person is guilty or not guilty of a service offence, the court martial shall find the accused person not guilty.
 (5) In the case of an equality of votes on the question whether an accused person, at the time of the act or omission the subject of the charge, was suffering from such unsoundness of mind as not to be responsible, in accordance with law, for that act or omission, the court martial shall find that the person was, at that time, suffering from such unsoundness of mind.
 (6) Notwithstanding anything contained in this Act, the members of a court martial:
 (a) in determining the question whether an accused person:
 (i) is guilty or not guilty of a service offence; or
 (ii) at the time of the act or omission the subject of the charge, was suffering from such unsoundness of mind as not to be responsible, in accordance with law, for that act or omission; or
 (b) in determining what action shall be taken under Part IV in relation to a convicted person;
shall sit without any other person present.