Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 108A

             (1)  A summary authority must not try a charge of a service offence against a person if the summary authority was involved in:

                     (a)  the investigation of the offence; or

                     (b)  the issuing of a warrant for the arrest of the person; or

                     (c)  charging the person with the offence.

             (2)  If a summary authority is not permitted to try a charge of a service offence against a person because of subsection (1), the summary authority must refer the charge to another summary authority, being a summary authority who:

                     (a)  has jurisdiction to try the charge; and

                     (b)  is not prevented from trying the charge because of subsection (1).