Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p16
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 40907–43733

You have been charged with the offence(s) that are set out in full in the attached Charge Sheet. It identifies the legislation you are alleged to have breached, the elements of your alleged offences and any statutory defences available to you. The facts relevant to your alleged conduct, the particulars of the charge(s) against you and a summary of the prosecution case against you are also with this Charge Sheet. This Notice identifies your essential rights and obligations at this time.

2.  You will be required to attend the location and date specified below. There you will appear before a summary authority who will determine how to dispose of these charges:

Location: [location]    Date:  [date]                                                                                                    Time:                            [time]

Name and type of Summary Authority:
                  Name:  [name]
      Type:  SUPSA/CO (select one)

3. You have the right to seek legal advice about the charge(s) brought against you. You are encouraged to obtain this advice prior to appearing before the summary authority.

4. Depending on the nature of the charge(s), a pre-trial election may be offered to you, asking whether you choose to have the charges heard by a summary authority, or referred to the Director of Military Prosecutions (the DMP) to consider taking further action on the charges. If you are offered a pre-trial election, you have the right, and are encouraged, to seek legal advice about making the election offered to you.

5.  The punishments that a summary authority can impose on you for the offence(s) you have been charged with are the following:

[Elective and other punishment applicable under section 69B or 69C of the Act]

6.  The summary authority will either:

    (1) hear the charge(s) against you, including any applications or objections you may have to the charge(s), in order to decide whether to convict or acquit you of the charge(s), and if you are convicted, to determine your punishment; or

(2) refer the charge(s) to another summary authority for hearing; or

(3) refer the charge(s) to the DMP to consider taking further action.

7. The summary of the prosecution case against you with the attached Charge Sheet, will be provided to the summary authority to decide how to handle your case. But prior to the hearing time nominated above, you may agree with the summary of the prosecution case against you, or you may agree with prosecuting officer upon a different version of the facts to be provided to the summary authority.

8.   If the summary authority proceeds to hear the charge(s), they will ask you to enter a plea of not guilty or guilty on each charge.

10. In some cases, during the hearing the summary authority may decide that if you were to be convicted they may