Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 108A

Disqualification of summary authority from trying a charge

  (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).


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