Document ID: chunk:federal_register_of_legislation:C2024C00861:section:109
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 109
Character Range: 356568–357774

109  Dealing with a charge by superior summary authority
 (1) In dealing with a charge, a superior summary authority may:
 (a) where the charge is within the authority's jurisdiction to try under subsection 106(2)—make a decision to try the charge under that subsection; or
 (b) where the charge is not within the authority's jurisdiction to try under subsection 106(2) and the authority is of the opinion that there is insufficient evidence to support the charge—direct that the charge be not proceeded with; or
 (c) in any case—refer the charge to the Director of Military Prosecutions; or
 (d) where it is desirable in the interests of justice or for any other reason—refer the charge to be dealt with by another superior summary authority.
Note: A charge may be referred to the superior summary authority by:
(a) the Director of Military Prosecutions under paragraph 87(1)(ba) or 103(1)(b); or
(b) a commanding officer under paragraph 110(1)(c); or
(c) another superior summary authority under paragraph (d) of this subsection.
 (2) A superior summary authority may refer a charge under paragraph (1)(c) whether or not the charge is within the authority's jurisdiction to try under subsection 106(2).