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Amendment of section 189 of Principal Act (constitution of general courts-martial).
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39.— The following section is substituted for section 189 of the Principal Act:
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“General court-martial.
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189.— (1) A general court-martial shall consist of—
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(a) a military judge, and
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(b) save in the case of a general court-martial convened pursuant to subsection (8) or (11) of section 212A, a court-martial board of not less than five members specified by or on behalf of the Court-Martial Administrator.
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(2) Where the accused is an officer, the court-martial board shall include—
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(a) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank and in any case not of a lower rank than the accused, and
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(b) not less than four other officers, none of whom shall be below the army rank of captain or the equivalent naval rank.
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(3) Where the accused is not an officer, the court-martial board—
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(a) shall include—
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(i) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank, and
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(ii) not less than three other officers, none of whom shall be below the army rank of captain or the equivalent naval rank,
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and
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(b) may include not more than one non-commissioned officer who shall not be below the army rank of battalion quarter-master sergeant or the equivalent naval rank and in any case not of a lower rank than the accused.”.
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