Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_96
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 96
Character Range: 49519–50271

96  Subsections 141(7) and (8)
Repeal the subsections, substitute:
 (7) An application or objection under subsection (1), (2) or (3) with respect to a trial by a court martial may be notified to the judge advocate of the court martial at any time after the making of the order convening the court martial and, on the notification of such an application or objection, the judge advocate shall sit without the members of the court martial for a hearing of that application or objection.
 (8) Where a Defence Force magistrate or a judge advocate grants an application, or allows an objection, under this section, the Defence Force magistrate or the judge advocate may refer the charge against the accused person to the Director of Military Prosecutions.