Document ID: chunk:federal_register_of_legislation:C2024C00861:section:97
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 97
Character Range: 252898–254483

97  Release from custody
 (1) A commanding officer or an officer authorized, in writing, by a commanding officer may at any time release from custody a person charged with a service offence and may impose on that person, in relation to that release, such conditions and restrictions, being conditions or restrictions of a kind authorized by the Chief of the Defence Force or a service chief, by instrument in writing, for the purposes of this section, as he or she considers necessary.
 (2) An officer referred to in subsection (1) may at any time vary or revoke a condition or restriction in force in relation to a person under this section.
 (3) An officer who:
 (a) imposes a condition or restriction under subsection (1) on a person; or
 (b) varies or revokes a condition or restriction in force in relation to a person under this section;
shall cause the imposition, variation or revocation to be notified to the person as soon as practicable.
 (4) A person released under subsection (1) may again be taken into custody if, and only if:
 (a) the person is in breach of a condition or restriction in force in relation to the person under this section; or
 (b) the person is arrested for another service offence.
 (5) A condition or restriction in force in relation to a person under this section ceases to have effect if:
 (a) a summary authority or the Director of Military Prosecutions directs that the charge against the person be not proceeded with;
 (b) the person is acquitted or convicted of the service offence charged; or
 (c) the charge against the person is dismissed.