Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 108

             (1)  A subordinate summary authority has jurisdiction to deal with a charge against a member of the Defence Force who is not an officer in respect of a service offence of a kind notified, in writing, to the authority by the commanding officer who appointed him or her.

          (1A)  A subordinate summary authority has jurisdiction to deal with a charge against a prescribed officer in respect of a service offence of a kind notified, in writing, to the authority by the commanding officer who appointed him or her.

             (2)  A subordinate summary authority has jurisdiction to try a charge against a member of the Defence Force of, or below, the rank of leading seaman or corporal in respect of a service offence (other than a prescribed offence) of a kind notified, in writing, to the authority by the commanding officer who appointed him or her.

Note:          A subordinate summary authority may be disqualified from trying a charge against a person because of subsection 108A(1).

             (3)  A subordinate summary authority has jurisdiction to try a charge against a prescribed officer in respect of a service offence (other than a prescribed offence) of a kind notified, in writing, to the authority by the commanding officer who appointed him or her.

Note:          A subordinate summary authority may be disqualified from trying a charge against a person because of subsection 108A(1).

             (4)  In this section, prescribed officer means an officer who is:

                     (a)  included in a prescribed class of officers; and

                     (b)  receiving instruction or training.