Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_116
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 116
Character Range: 19307–20596

116  Eligibility to be member of court martial
 (1) For the purposes of this Act, a person is eligible to be a member, or a reserve member, of a court martial if, and only if:
 (a) the person is an officer;
 (b) the person has been an officer for a continuous period of not less than 3 years or for periods amounting in the aggregate to not less than 3 years; and
 (c) the person holds a rank that is not lower than the rank held by the accused person (being a member of the Defence Force) or by any of the accused persons (being members of the Defence Force).
 (2) For the purposes of this Act, an officer is eligible to be President of a court martial if, and only if, the officer holds a rank that is not lower than:
 (a) in the case of a general court martial—the naval rank of captain or the rank of colonel or group captain; or
 (b) in the case of a restricted court martial—the rank of commander, lieutenant‑colonel or wing commander.
 (2A) Subsection (2) does not apply in relation to a person who becomes President of a court martial in pursuance of:
 (a) an appointment made by virtue of paragraph 124(1)(e); or
 (b) subsection 126(1).
 (3) The requirements set out in paragraph (1)(c) and subsection (2) apply only if, and to the extent that, the exigencies of service permit.