Document ID: chunk:federal_register_of_legislation:C2005A00142:clause:1_105a
Version: federal_register_of_legislation:C2005A00142
Segment Type: clause
Provision Reference: sch 1 cl 105A
Character Range: 13741–14594

105A  Referral of charge to Director of Military Prosecutions before dealing with charge under section 109, 110 or 111

 (1) This section applies if:
 (a) a person has been charged with a service offence; and
 (b) the charge has not yet been dealt with under section 109, 110 or 111.

 (2) The person's commanding officer, or a superior officer in relation to the person's commanding officer, may refer the charge to the Director of Military Prosecutions.

 (3) Subject to paragraph 103(1)(b), if a charge is referred to the Director of Military Prosecutions under this section, the charge must not be dealt with under section 109, 110 or 111.

Note: Under paragraph 103(1)(b), the Director of Military Prosecutions may refer a charge that is referred to him or her under this section to a superior summary authority or a commanding officer for trial.