Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:7_132ab
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 7 cl 132AB
Character Range: 106463–107932

132AB  Trials of class 3 offences

 (1) This section applies to a charge of a class 3 offence, unless section 132A or 132AA applies to the charge.

 (2) If the Director of Military Prosecutions has decided, under subsection 103A(2), that the charge is to be tried by a Military Judge alone, the charge is to be tried by a Military Judge alone.

Note: The maximum punishment that may be imposed on a person who is convicted of a class 3 offence that is tried by a Military Judge alone, because of a decision by the Director of Military Prosecutions under subsection 103A(2), is imprisonment for a period of 6 months: see clause 2 of Schedule 2.

 (3) If subsection (2) does not apply to the charge, the trial is to be by a Military Judge alone, unless:
 (a) if one accused person only is to be tried—the accused person elects to have the charge, or (if 2 or more charges are to be tried together) all the charges, tried by a Military Judge and military jury; or
 (b) if 2 or more accused persons are to be tried together—any of the accused persons elects to have the charge, or (if 2 or more charges are to be tried together) all the charges, tried by a Military Judge and military jury.

 (4) If the accused person, or any of the accused persons, makes an election under subsection (3), the charge is to be tried by a Military Judge and military jury.

Part 5—Amendments relating to the Registrar of the Australian Military Court

Defence Force Discipline Act 1982