Document ID: chunk:federal_register_of_legislation:C2024C00861:section:108a
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 108A
Character Range: 355879–356568

108A  Disqualification of summary authority from trying a charge
 (1) A summary authority must not try a charge of a service offence against a person if the summary authority was involved in:
 (a) the investigation of the offence; or
 (b) the issuing of a warrant for the arrest of the person; or
 (c) charging the person with the offence.
 (2) If a summary authority is not permitted to try a charge of a service offence against a person because of subsection (1), the summary authority must refer the charge to another summary authority, being a summary authority who:
 (a) has jurisdiction to try the charge; and
 (b) is not prevented from trying the charge because of subsection (1).