Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_123
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 123
Character Range: 10469–11842

123  Eligibility to be a member of a military jury

Eligibility where accused is an officer or a defence civilian

 (1) Where the accused person is an officer or a defence civilian, a person is eligible to be a member, or a reserve member, of a military jury for the trial of the accused person if:
 (a) the person is an officer; and
 (b) the person has been an officer for a continuous period of not less than 3 years or for periods that total no less than 3 years; and
 (c) if the accused person is an officer—the person holds a rank that is not lower than the rank held by the accused person.

Eligibility where accused is not an officer or a defence civilian

 (2) Where the accused person is not an officer or a defence civilian, a person is eligible to be a member, or a reserve member, of a military jury for the trial of the accused person if:
 (a) the person:
 (i) is an officer; or
 (ii) holds a rank not lower than the naval rank of warrant officer, the army rank of warrant officer class 1, or the air force rank of warrant officer; and
 (b) the person has been an officer, or held a rank not lower than warrant officer or warrant officer class 1, for a continuous period of not less than 3 years or for periods that total no less than 3 years.

 (3) The requirements of this section apply only if, and to the extent that, the exigencies of service permit.