Document ID: chunk:federal_register_of_legislation:C2024C00861:section:105a
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 105A
Character Range: 353740–354416

105A  Referral of charge to Director of Military Prosecutions before dealing with charge under section 109 or 110
 (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 or 110.
 (2) The charge may be referred to the Director of Military Prosecutions by:
 (a) a commanding officer in relation to the person; or
 (b) an officer who is superior to a commanding officer.
 (3) If a charge is referred to the Director of Military Prosecutions under this section, the charge may only be dealt with by a summary authority under section 109 or 110 in accordance with paragraph 103(1)(b).