Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_135:p2
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 135 (pt 2/2)
Character Range: 43923–44872

has pleaded not guilty withdraws his or her plea and pleads guilty, the Defence Force magistrate shall, if the Defence Force magistrate is satisfied that the accused person understands the effect of that plea, substitute a plea of guilty for the plea of not guilty and proceed accordingly in accordance with subsection (1).
 (4A) Nothing in subsection (1) shall be taken to require the Defence Force magistrate to give either a ruling of the kind referred to in paragraph (1)(c) or a ruling of the kind referred to in paragraph (1)(d) unless:
 (a) the accused person has submitted that the Defence Force magistrate should give a ruling of the first‑mentioned kind; or
 (b) the interests of justice require that the Defence Force magistrate should give a ruling of the first‑mentioned kind.
 (5) A Defence Force magistrate, before taking action under paragraph (1)(g), shall hear evidence relevant to the determination of what action should be taken.