Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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, 110 or 111.
(2) The person's commanding officer, or a superior officer in relation to the person's commanding officer, may refer the charge to the Director of Military Prosecutions.
(3) Subject to paragraph 103(1)(b), if a charge is referred to the Director of Military Prosecutions under this section, the charge must not be dealt with under section 109, 110 or 111.
Note: Under paragraph 103(1)(b), the Director of Military Prosecutions may refer a charge that is referred to him or her under this section to a superior summary authority or a commanding officer for trial.