Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 129D

Time within which trial must be commenced

             (1)  The trial of a charge of a service offence that is to be tried by a summary authority:

                     (a)  must be commenced:

                              (i)  as soon as practicable within the period of 3 months after the accused person is charged with the service offence; or

                             (ii)  if the exigencies of service or other circumstances do not permit the trial to be commenced within this period--within a longer period as allowed by a superior authority; and

                     (b)  must be completed as soon as practicable.

             (2)  If a summary authority that is to try a charge does not commence the trial within the period allowed under paragraph (1)(a), the summary authority must refer the charge to the Director of Military Prosecutions.



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