Document ID: chunk:federal_register_of_legislation:C2021A00133:clause:2_40
Version: federal_register_of_legislation:C2021A00133
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 78039–78706

40  Subsection 107(2)
Repeal the subsection (including the note), substitute:
 (2) A commanding officer has jurisdiction to try a charge of a service offence (other than a prescribed offence) against:
 (a) a defence member who holds a rank of, or below, lieutenant in the Navy, captain in the Army or flight lieutenant and who is:
 (i) if the charge is tried while the member is on active service—one or more ranks junior to the commanding officer; or
 (ii) in any other case—2 or more ranks junior to the commanding officer; or
 (b) a person who is not a defence member.
Note: A commanding officer may be disqualified from trying a charge under subsection 108A(1).