Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Unless a commanding officer otherwise directs in a particular case or in relation to a class of cases in which the particular case is included, a charge of a service offence that a subordinate summary authority has jurisdiction to deal with under subsection 108(1) or (1A) shall be dealt with by that authority in accordance with subsection (2).
(2) In dealing with a charge, a subordinate summary authority may:
(a) where the charge is within his or her jurisdiction to try under subsection 108(2) or (3)--make a decision to try the charge under subsection 108(2) or (3), as the case requires;
(b) where the charge is not within his or her jurisdiction to try under subsection 108(2) or (3) and he or she is of the opinion that there is insufficient evidence to support the charge--direct that the charge be not proceeded with; or
(c) whether or not the charge is within his or her jurisdiction to try under subsection 108(2) or (3)--refer the charge to the commanding officer of the authority or to another subordinate summary authority.