Document ID: chunk:federal_register_of_legislation:C2024C00861:section:98
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 98
Character Range: 254483–256006

98  Suspension from duty on suspicion of offence etc.
 (1) Where a member of the Defence Force is charged with a service offence, a civil court offence or an overseas offence, an authorized officer may, by notice in writing served on the member, suspend the member from duty.
 (2) Where an authorized officer suspects on reasonable grounds that a member of the Defence Force has committed a service offence and orders an investigation, an authorized officer may, by notice in writing served on the member, suspend the member from duty.
 (3) Where a member of the Defence Force is suspended from duty under subsection (1), the suspension ceases:
 (a) if the charge is not proceeded with or the prosecution of the charge is abandoned—at the time the member is notified to that effect; or
 (b) in any other case—on the termination of the proceedings before the service tribunal, the civil court or the overseas court hearing the charge.
 (4) Where a member of the Defence Force is suspended from duty under subsection (2), the suspension ceases on the completion of the investigation referred to in that paragraph unless the member concerned is charged with a service offence.
 (5) Where on the completion of an investigation referred to in subsection (2) the member concerned is charged with a service offence, the suspension of the member under that subsection continues as a suspension of the member under subsection (1).
 (6) A notice under subsection (1) or (2) shall be served in a manner specified in the regulations.